BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 124|
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UNFINISHED BUSINESS
Bill No: SB 124
Author: Kehoe (D)
Amended: 8/20/12
Vote: 27 - Urgency
SENATE VOTES NOT RELEVANT
ASSEMBLY FLOOR : Not available
SUBJECT : Payment of claims
SOURCE : Department of Justice
DIGEST : This bill appropriates $1,422,000 from the
General Fund (GF) to pay for two legal settlements, Harris
v. California National Guard ($990,000) and Parent Voices
et al. v. Jack O'Connell ($432,000).
Assembly Amendments delete the Senate version of the bill
relating to ammunition, and replace it with the above
language.
ANALYSIS : This bill is one of two or three annual bills
carried by the Appropriations Committee chairs to provide
appropriation authority for legal settlements approved by
the Department of Justice (DOJ) and the Department of
Finance (DOF). These settlements were entered into
lawfully by the state upon advice of counsel (DOJ). They
are binding state obligations.
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Harris v. California National Guard . This $990,000
settlement concludes the wrongful death case of Harris v.
California National Guard. On
August 24, 2007, a Staff Sergeant murdered an employee of
the California National Guard at the Culver City Armory and
was convicted of murder. The victim was pregnant with the
married offender's child and had engaged in a series of
discussions with the offender to encourage abortion,
including alleged promises of a car in exchange for the
abortion. Concurrently, the killer, now serving
life-without-possibility-of-parole, engaged in
conversations with others regarding harming the fetus.
These conversations were passed on to National Guard
authorities, who in turn, involved civilian authorities.
On October 1, 2008, the victim's mother filed a wrongful
death suit in state court as an individual and
successor-in-interest to the victim. During the trial, the
Judge urged that, based on evidence produced, it was in the
best interest of the state to settle the case.
Parent Voices et al. v. Jack O'Connell . The 2010 Budget
Act terminated California Work Opportunity and
Responsibility to Kids (CalWORKs) Stage 3 Child Care
services, effective November 1, 2010. Child care advocates
and several affected parents sued the California Department
of Education in Alameda County to halt termination of
services for Stage 3 families. The petitioners claimed
proper notice and due process were not provided, and that
the state had a duty to attempt to transfer affected
families to child care slots in other programs for which
they were eligible.
Pursuant to court order, the termination of Stage 3
services was delayed until December 31, 2010, to allow for
eligibility screening and possible placement of Stage 3
families in other programs. As a result, approximately
4,500 children were placed in other programs. Funding for
Stage 3 was restored in 2010-11, and the parties agreed in
June 2011 to allow the children who had been placed in
other programs to return to Stage 3. The suit has since
been concluded, with the exception of the plaintiff's
outstanding demand for attorneys' fees.
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While the plaintiffs assert the actual hours spent on the
case amounts to more than $800,000, they have agreed to
settle for $432,000 to cover the attorney's fees.
The settlement stipulates that if payment of the fees is
not made within 60 days of enactment of the settlements
bill, interest will begin to accrue at an annual rate of
7%.
Related Legislation
SB 1558 (Kehoe, Chapter 20, Statutes of 2012) appropriated
$2.6 million ($1.3 GF; $1.3 Federal Trust Fund) to DOJ to
pay the settlement in Darling v. Douglas, U.S. District
Court, Northern District.
SB 730 (Kehoe, Chapter 5, Statutes of 2012) appropriated
$13 million to DOJ to pay for six settlements, with
interest in two cases.
AB 140 (Fuentes, Chapter 180, Statutes of 2011) and SB 206
(Kehoe, Chapter 125, Statutes of 2011) appropriated funds
for state settlements last year.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
Appropriates $1,422,000 from the GF - $990,000 to DOJ and
$432,000 to the Department of Education - to pay for two
legal settlements.
SUPPORT : (Verified 8/28/12)
Department of Justice (source)
Department of Finance
DLW:m 8/28/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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