BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 149
                                                                  Page  1

          Date of Hearing:   August 19, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                    SB 149 (Kehoe) - As Amended:  August 18, 2009 

          Policy Committee:                               
          AppropriationsVote:

          Urgency:     Yes                  State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill appropriates $270,268 (GF) to the Department of  
          Justice (DOJ) to pay for two court settlements. Any funds  
          appropriated in excess of the amount required for payment of  
          these claims shall revert to the GF. 
           
           FISCAL EFFECT 
           
          Appropriates $270,268 (GF).

           COMMENTS
           
           1)Case Background.  

             a)   Maternal and Child Health Access v. MRMIB, San Francisco  
               Superior Court, Case No. CPF-08-508296, $110,464 stipulated  
               settlement. 

                  This case challenged the constitutionality of the Access  
               for Infants and Mothers (AIM) program's six-month residency  
               requirement. Under Insurance Code Sec 12698, access to the  
               AIM program is restricted to pregnant women who have been  
               residents of California for at least six months. A  
               coalition of civil rights groups sued MRMIB alleging that  
               its implementation of the residency requirement violated  
               the U.S. Constitution, based upon a line of Supreme Court  
               precedent invalidating similar requirements in the health  
               and welfare context. The court ruled for the plaintiffs and  
               awarded attorneys' fees.  










                                                                  SB 149
                                                                  Page  2

             b)   McAllister v. California Coastal Commission, Monterey  
               Superior Court, Case No. M73043, $159,084 judgment. 


                  This case challenged the Coastal Commission's approval  
               of a permit for a single family residence along the coast  
               in Monterey County. The trial court upheld the Commission's  
               approval. The court of appeal reversed the approval,  
               however, ruling it did not comply with Monterey County's  
               local coastal program. The Commission opted not to seek  
               review before the California Supreme Court. 


                  McAllister sought $769,296.42 in attorneys fees and  
               court costs. The court awarded McAllister $282,870 in  
               attorney's fees, and $6,480.44 in court costs. The court  
               apportioned liability for these sums to the Coastal  
               Commission and the real party on a 50/50 basis, plus  
               interest.


           2)Support  . This bill is supported by DOJ and the Department of  
            Finance and has no opposition.

           3)Related Legislation  . AB 93 (de Leon), 2009, is the first of  
            two annual judgments and deficiencies bills for 2009 sponsored  
            by the administration and DOJ, and carried by the  
            Appropriations chairs. AB 93, which passed the Assembly and  
            Senate Appropriations without a dissenting vote, is pending on  
            the Senate floor. 


           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081