BILL ANALYSIS
SB 149
Page 1
SENATE THIRD READING
SB 149 (Kehoe)
As Amended August 18, 2009
2/3 vote. Urgency
SENATE VOTE :39-0
APPROPRIATIONS 17-0
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|Ayes:|De Leon, Conway, Ammiano, | | |
| |Charles Calderon, Coto, | | |
| |Davis, | | |
| |Duvall, Fuentes, Hall, | | |
| |Harkey, Miller, John A. | | |
| |Perez, Skinner, Solorio, | | |
| |Audra Strickland, | | |
| |Torlakson, Hill | | |
| | | | |
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SUMMARY : Appropriates $270,268 [General Fund (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 Section 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
SB 149
Page 2
and welfare context. The court ruled for the plaintiffs
and awarded attorneys' fees.
b) McAllister v. California Coastal Commission, Monterey
Superior Court, Case No. M73043, $159,084 judgment.
This case challenged the California Coastal Commission's
(Commission) 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 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) of 2009 is the first of
two annual judgments and deficiencies bills for 2009 sponsored
by the administration and DOJ, and carried by the
Appropriations Committee Chairs. AB 93, which passed the
Assembly and Senate Appropriations without a dissenting vote,
is pending in the Senate.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081
FN: 0002331