BILL ANALYSIS
SB 911
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Date of Hearing: May 28, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 911 (Kehoe) - As Amended: April 12, 2010
Policy Committee:
AppropriationsVote:
Urgency: Yes State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill appropriates $840,000 (GF) to the Department of
Justice (DOJ) to pay settlements in Huntsman v. California
Department of Forestry ($623,000) and California School Board
Association v. State of California ($217,000). Any funds
appropriated in excess of the amount required for the payment of
these claims shall revert to the GF.
FISCAL EFFECT
This bill appropriates $840,000 (GF) to pay for two settlements,
and specifies that any funds appropriated in excess of the
amount required will revert to the GF in June 2009.
COMMENTS
1)Rationale. This bill is one of two annual bills carried by the
Appropriations chairs to provide appropriation authority for
state judgments and settlements as approved by the DOJ and the
Department of Finance.
2)Case background .
a) Huntsman v. California Department of Forestry and Fire
Protection, Fresno County Superior Court Case No. 08 CE CG
02671 - $623,000
This case involved discrimination claims against the
SB 911
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California Department of Forestry and Fire Protection
(CDFFP), including disability and discrimination, failure
to provide reasonable accommodation, and retaliation. The
case was settled following mediation. Under the settlement,
CDFFP agreed to pay the plaintiff $585,000, plus interest.
In exchange, the plaintiff has released all claims against
the CDFFP. The DOJ and CDFFP believe the settlement
reflects a reasonable compromise that serves the public
interest.
b) California School Boards Association v. State of
California, Sacramento Superior Court Case No. 06CS01335 -
$217,000
Assembly Bill 138 (Budget Committee, 2005) made a number of
changes to California mandate law, including an amendment
to Government Code Section 17556(f), to apply the
reimbursement exception to legislation "related to" ballot
measures. In light of these amendments, the Legislature
directed the Commission on State Mandates to reconsider the
School Accountability Report Card and Mandate Reimbursement
test claims, and set aside the Open Meetings Act and Brown
Act Reform test claims. In response, the Commission
reconsidered claims it had previously found to have
required reimbursement under article XIII B, Section 6 and,
interpreting AB 138, found these claims were no longer
reimbursable mandates.
The California School Boards Association successfully
challenged the constitutionality of AB 138 and the
authority of the Legislature to order the reconsideration
of prior mandate decisions. The Court of Appeal found that
the Legislature's actions violated separation of powers
principles. The court also held that expanding the scope of
the statewide ballot reimbursement exception to laws merely
"related to" the ballot measures was over-broad, and
invalid. The parties entered into a stipulated order for an
award of attorney's fees in the amount of $200,000, and
costs in the amount of $2,423, plus interest.
SB 911
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3)Related Legislation . AB 1714 (Fuentes), which also provides
for the appropriation of funds for state judgments and
settlements subsequent to SB 911, is pending in this
committee.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081