BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 164 (Gomez) - Claims against the state: payment.
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|Version: September 2, 2015 |Policy Vote: |
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|Urgency: Yes |Mandate: No |
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|Hearing Date: September 4, 2015 |Consultant: Mark McKenzie |
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This bill does not meet the criteria for referral to the
Suspense File. Pursuant to the committee's rules, the Suspense
File rule does not apply to the provisions of this bill as
judgments and settlement are considered valid obligations of the
state. Additionally, judgments and settlements may have time
sensitivity.
Bill
Summary: AB 164, an urgency measure, would appropriate
$2,217,255 from the General Fund, and $517,255 from the
Dungeness Crab Account, to the Department of Justice (DOJ) for
the payment of two settlements. Any funds appropriated in
excess of the amounts required for payment of these claims shall
revert to the respective funds.
Fiscal
Impact:
One-time appropriation of $1,700,000 in 2015-16 from the
General Fund to DOJ to pay the settlement in Humphries v.
County of Los Angeles, et al.
AB 164 (Gomez) Page 1 of
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One-time appropriation of $1,034,510 ($517,255 from the
General Fund and $517,255 from the Dungeness Crab Account in
the Fish and Game Preservation Fund) in 2015-16 to DOJ to pay
the settlement in Kevin Marilley, et al. v. California
Department of Fish and Game.
Background: This bill is one of several annual bills carried by the chairs
of the Appropriations Committees to provide appropriation
authority for legal settlements approved by DOJ and the
Department of Finance (DOF). These settlements were entered into
lawfully by the state upon advice of counsel (DOJ). They are
binding state obligations.
Proposed Law:
This bill would appropriate special fund and General Fund
revenues to DOJ to pay the following settlements:
Humphries v. County of Los Angeles, et al.
(United States District Court, Central District of California,
Case No. SACV 03-0697-JVS) $1,700,000 settlement, payable from
the General Fund.
The California Child Abuse and Neglect Reporting Act (CANRA)
formerly provided for the reporting of child abuse allegations
that were "not unfounded" to the DOJ for inclusion in its Child
Abuse Central Index (CACI). Plaintiffs in the Humphries case
were parents of a child who accused them of child abuse, but the
courts found the allegations to be untrue and charges against
the parents were dismissed. The CANRA statutes did not include
a process for removal of exonerated individuals accused of child
abuse from the CACI, and the Los Angeles County Sheriff's
Department did not agree to remove them. Plaintiffs filed a
case against the Attorney General and the County of Los Angeles,
claiming that their constitutional due process rights had been
violated because they had been deprived the right to challenge
their inclusion in CACI. The district court dismissed their
claims, but the Ninth Circuit reversed that holding on appeal
and found that the continued listing of the plaintiffs in CACI
violated the Due Process Clause of the Fourteenth Amendment.
Plaintiffs are entitled to reasonable attorney's fees, and filed
a motion seeking over $3 million from the State. This claim for
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$1.7 million represents a settlement for attorneys' fees
negotiated through mediation in federal court.
Kevin Marilley, et al. v. California Department of Fish and
Game.
(United States District Court, Northern District of California,
Case No.11-cv-2418)
$1,034,510 settlement, half payable from the General Fund, half
payable from the Dungeness Crab Account within the Fish and Game
Preservation Fund.
This case involved a group of commercial fishermen who were not
California residents but fished in California waters. One of
these fishermen, Kevin Marilley, filed a class action suit in
the United States District Court in May of 2011 against the
Director of the California Department of Fish and Game (later
appeals were filed against the Director of the Department of
Fish and Wildlife), alleging that California's fishing license
statutes, which charge nonresident fishermen two to three times
more than the fees assessed on resident competitors, are
unconstitutional. The fishermen and the state filed
cross-motions for summary judgment.
The US District Court granted summary judgment in favor of the
plaintiffs, finding that the differential fees violate the
Privileges and Immunities Clause of Article IV of the US
Constitution, and concluding that the state failed to
demonstrate a substantial state interest. On December 10, 2013,
the plaintiffs moved for an award of attorney's fees and court
costs. After negotiations, and upon recommendation from the
Department of Justice, the Department of Fish and Wildlife
accepted the proposed settlement of fees accrued by the
plaintiffs though April 18, 2014, in the amount of $1,034,570.
This settlement represents the final disposition of the case, as
all appeals have been exhausted. The Department of Finance
approved an appropriation of the settlement amount to be split
between the General Fund and the Dungeness Crab Account within
the Fish and Game Preservation Fund.
Related
Legislation:
SB 302 (Lara), Chap 5/2015, appropriated $24.1 million to
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specified state entities for the payment of four settlements.
AB 1615 (Gatto), Chap142/2014, appropriated $2.86 million to
DOJ for the payment of two settlements.
AB 234 (Gatto), Chap 449/2013, appropriated $20.7 million to
DOJ for the payment of two settlements.
SB 371 (De Leon), Chap 9/2013, appropriated $15.6 million to
DOJ for the payment of two settlements.
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