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BUDGET from page I ............... TRIAL LAWYERS PROPOSE TORT "UN-REFORM" As the state budget impasse continues, cities, counties and other local government units throughout the state As we enter the last weeks of the legislative session, the report increased pressures as they try to balance their own Capitol is buzzing with rumors about a new approach the trial budgets with stretched local resources, and great uncer- lawyers may attempt to advance their tort "un-reform" agenda tainty about state funding. One city manager reported that - which so far this year have been stalled both by extensive the importance of state funding to their small city meansnegotiations on some bills and bleak futures for others, Rather that they cannot pass a city budget until the state budget is than move individual bills, allowing legislators to vote up or passed, down on each one individually, rumors are that the trial lawyers may try to include a number of bills in an omnibus In San Diego County, which last week was battling a package or link individual bills all tegether. This would force huge 57,000 acre fire in the mountainous east county area, legislators to vote for all or none - regardless of the mix of the City of Poway reported that they have two fire stations options. and 12 positions on hold until they know they can count on their funding from the Vehicle License Fee backfill. (Many Of significant interest to cities is the proposal that would Poway homes are located in hilly areas that are highly make it unnecessarily difficult for defendants to obtain vulnerable to wildland fires.) summaryjudgmant (i.e., the judge dismisses the case) for unmeritorious cases, While this is currently included in SB 476 Many county and regional programs are cutting (Escotia), opposed by the League, it likely will appear in another essential services now, unable to sustain program services in bill as part of the above strategy or procedural issues. The the absence of ongoing funding. For example, CAL Grant proposed limitations on summaryjudgmeot would even apply Funds are not going out, causing a direct impact to residents in cases of a frivolous, unmeritorious lawsuit where the in cities throughout the state, plaintiff pleads facts that cannot be proven, By severely restricting the circumstances under which a defendant may Increasingly it becomes clear that, while the state can seek a motion of summaryjudgmeot, SB 476 (or its successor) move forward concurrently and begin planning for next would encourage continued frivolous lawsuits, expensive year (such as the Governor's call for state departments to litigation and drain resources from public agencies. submit recommendations on 20% cuts), local governments are stalled because they cannot determine their fiscal It is likely that the new package may also include a situation for the current year until the state closes itsprovision to extend the statute of limitations for filing personal budget. Cities want to work on long-term plans for ex- inju~j lawsuits, This also could have an impact on local pected deficits in the future,just like the state is beginning governments. to do, but their hands are tied. Every day lost in this process represents potential lost revenue/services in theIt is not clear at this time when these bills or concepts will future, nDve ahead, given the end of session time constraints, games and procedural options. Current indications are that these Whether they are currently adopted, in the issues will be heard in the Assembly Judiciary Committee mid- process of being adopted, or completely stalled, city next week. All cities should immediately call and write their officials are urged to include in their public state- Assembly Members and Senators and urge them to vote NO on ments about their own budgets information abeu~ hew ANY bill that includes a limitation on when a defendant can the state budget impasse has affected or is affecting seek a motion of summaryjudgment. local budget decisions at the local level. (Sacramento Bee columnist and political observer Dan Walters did an interesting piece on this issue today, If your local paper doesn't carry the Walters column you can read it on For more information On these and other the Sacramento Bee's Web site, at www.sacbee.com. Look for important topics for California cities, visit thethe August 16 column. ) League's Web site, ~,cacities,org Visit the League's Official Web $iteo-www,cacities.org PRIORITY FOCUS/PAGE 3