BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 149|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 149
Author: Kehoe (D)
Amended: 8/18/09
Vote: 27 - Urgency
SENATE APPROPRIATIONS COMMITTEE : 12-0, 5/26/09
AYES: Kehoe, Cox, Corbett, Denham, DeSaulnier, Hancock,
Leno, Oropeza, Runner, Walters, Wolk, Yee
NO VOTE RECORDED: Wyland
SENATE FLOOR : 39-0, 6/1/09
AYES: Aanestad, Alquist, Ashburn, Benoit, Calderon,
Cedillo, Cogdill, Corbett, Correa, Cox, Denham,
DeSaulnier, Ducheny, Dutton, Florez, Hancock, Harman,
Hollingsworth, Huff, Kehoe, Leno, Liu, Lowenthal,
Maldonado, Negrete McLeod, Oropeza, Padilla, Pavley,
Romero, Runner, Simitian, Steinberg, Strickland, Walters,
Wiggins, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Vacancy
ASSEMBLY FLOOR : 77-0, 9/1/09 - See last page for vote
SUBJECT : Claim against the state
SOURCE : Department of Justice
DIGEST : This bill appropriates $110,464.40 from the
General Fund to the Department of Justice to pay a
settlement in Maternal and Child Health Access v. Managed
Risk Medical Insurance Board . Any funds appropriated in
CONTINUED
SB 149
Page
2
excess of the amount required for the payment of this claim
shall revert to the General Fund.
Assembly Amendments add an appropriation of $159,084 to the
Department of Justice to pay the judgment in McAllister v.
California Coastal Commission , Monterey Superior Court,
Case No. M73043. Any funds appropriated in excess of the
amount required for the payment of this claim reverts to
the General Fund.
ANALYSIS :
Maternal and Child Health Access v. Managed Risk Medical
Insurance Board (MRMIB), San Francisco Superior Court, Case
No. CPF-08-508296
$110,464.40 stipulated settlement . This case challenged
the constitutionality of the Access for Infants and Mothers
(AIM) program's six-month durational residency requirement.
Under Section 12698(a) of the Insurance Code, 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 durational residency requirement
violated the United States Constitution, based upon a long
line of Supreme Court precedent invalidating similar
requirements in the health and welfare context. Article
III, Section 3.5 of the California Constitution required
MRMIB to implement the duration residency requirement, and
to defend it in litigation. The court found Section
12698(b) of the Insurance Code unconstitutional, granted an
injunction prohibiting its continued enforcement, and
awarded the plaintiffs' attorneys fees. The plaintiffs
initially demanded $163,000 in attorney's fees, but after
extensive negotiations this figure was reduced to $110,000
(plus $464.40 in costs).
McAllister v. California Coastal Commission, Monterey
Superior Court, Case No. M73043, $159,084 judgment . This
case challenged the California 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
SB 149
Page
3
to seek review before the California Supreme Court.
McAllister sought $769,296.42 in attorney's 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.
Related legislation . AB 93 (De Leon) is the first of two
annual judgments and deficiencies bills for 2009 sponsored
by the Administration and the Department of Justice, and
carried by the Appropriations Committee Chairs. The bill,
which passed the Assembly and Senate Appropriations
Committee without a dissenting vote, is pending action by
the Governor.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
Appropriates $270,268.40 from the General Fund.
SUPPORT : (Verified 9/2/09)
Department of Justice (source)
Department of Finance
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Caballero, Carter, Chesbro, Conway, Cook, Coto,
Davis, De La Torre, De Leon, DeVore, Duvall, Emmerson,
Eng, Evans, Feuer, Fletcher, Fong, Fuentes, Fuller,
Furutani, Gaines, Galgiani, Garrick, Gilmore, Hagman,
Hall, Harkey, Hayashi, Hernandez, Hill, Huber, Huffman,
Jeffries, Jones, Knight, Krekorian, Lieu, Logue, Bonnie
Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande,
Niello, Nielsen, John A. Perez, V. Manuel Perez,
Portantino, Ruskin, Salas, Saldana, Silva, Skinner,
Smyth, Solorio, Audra Strickland, Swanson, Torlakson,
Torres, Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Buchanan, Charles Calderon, Vacancy
SB 149
Page
4
DLW:mw 9/2/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****