BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
590 (Feuer)
Hearing Date: 08/27/2009 Amended: 08/20/2009
Consultant: Jacqueline Wong-HernandezPolicy Vote: Judiciary 3-1
_________________________________________________________________
____
BILL SUMMARY: AB 590 makes it unlawful for an entity to use the
term "legal aid" unless referring to a nonprofit organization
providing legal services to low-income persons without charge.
This bill also establishes a pilot project to provide legal
counsel to low-income parties in specified civil cases.
Specifically, this bill:
1)Requires the Judicial Council to develop one or more pilot
projects in selected courts, pursuant to a competitive grant
process to provide legal services for low-income persons in
civil matters involving basic human needs.
2)Limits eligibility to clients with household incomes at or
below 200% of the federal poverty level.
3)Requires each project to be a partnership between the court,
and qualified legal services provider that shall serve as the
lead agency, and other legal services.
4)Authorizes the projects for a three-year period, subject to
renewal.
5)Establishes criteria for selecting cases to be covered by the
counsel funded by the pilot project.
6)Requires the Judicial Council to evaluate, using an
independent evaluator, the effectiveness and continued need
for the pilot program and report to the Legislature by March
1, 2015 and every three years thereafter.
7)Diverts $10 of each of the specified fees that is deposited in
the Trial Court Trust Fund, commencing July 1, 2011, for the
expenses of the Judicial Council in implementing and
administering the civil representation pilot program.
_________________________________________________________________
____
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11 2011-12 Fund
New court pilot program $0 $0
Up to $11,000 General*
*Trial Courts Trust Fund
_________________________________________________________________
____
STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense File.
Since 2008, the Trial Courts Trust Fund has been reduced by
$393,000,000. Courts sustained substantial reductions due to the
budget deficit, as did virtually all governmental departments
and programs.
Page 2
AB 590 (Feuer)
As part of the 2009-10 budget package, in July, SB X4 13
(Ducheny) included a $10 increase in certain court fees. The fee
revenue generated annually is expected to be $11,000,000, and
will be deposited in the Trial Courts Trust Fund, with no
specific stated purpose or earmark for the new revenue. This
bill diverts the revenue for that fee increase to fund this new
pilot program, which will be administered by the Judicial
Council, beginning on July 1, 2011.
The pilot program was included in early versions of SB X4 13,
but was not included in the final budget trailer bill that was
approved. The fee increases that would have funded it, however,
were included, and allowed to backfill a small portion of the
reductions made to the courts. Budget reductions to the courts
were 35 times more than the amount backfilled by this fee. This
bill requires that the entirety of the new revenue from the fee
increases be spent solely on this new pilot program, which
creates an $11,000,000 cost pressure to other (court and)
Judicial Council functions and programs.
There may be future savings in court case-processing costs, to
the extent the pilot projects increase efficiency.