BILL ANALYSIS
SB 911
Page 1
SENATE THIRD READING
SB 911 (Kehoe)
As Amended April 12, 2010
2/3 vote. Urgency
SENATE VOTE :29-4
APPROPRIATIONS 17-0
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|Ayes:|Fuentes, Conway, Ammiano, | | |
| |Bradford, Charles | | |
| |Calderon, Coto, Davis, | | |
| |Monning, Ruskin, Harkey, | | |
| |Miller, Nielsen, Norby, | | |
| |Skinner, Solorio, | | |
| |Torlakson, Torrico | | |
| | | | |
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SUMMARY : Appropriates $840,000 (General Fund (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 : 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
SB 911
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This case involved discrimination claims against the
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
SB 911
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costs in the amount of $2,423, plus interest.
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
FN:
0004742