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Senate Bill 148 (Presley – 1980)

Chapter 90, Statutes of 1980

Some bill research does not include the Governor's file because at the time we researched the bill, the sitting Governor had not released his chaptered bill file. If the Governor's file is not included with this particular research, please contact our office (1-530-666-1917 or quote@legintent.com) and we will be happy to provide this file at no charge if it is available. Please Note: Governor files did not exist prior to 1943.

As enacted, Senate Bill 148 added section 1374.11 to the Health and Safety Code; added sections 10123.11 and 11512.21 to the Insurance Code; and added section 11016 to the Welfare and Institutions Code; relating to medical care of prisoners.  (See Exhibit A, #1j)  Senator Presley introduced this bill on January 2, 1979 on behalf of the County of San Bernardino.  (See Exhibit A, #1a and #16, document PE-9)

Senate Bill 148 was assigned to the Senate Committee on Judiciary and the Assembly Committee on Criminal Justice where policy issues raised by the bill were considered.  (See Exhibit A, #3 and #10)  The fiscal ramifications of the bill were considered by both the Senate and Assembly Committees on Ways and Means.  (See Exhibit A, #5 and #2)  Eight amendments were made to Senate Bill 148.  (See Exhibit A, #1a through #1i and #2)  Subsequent to legislative approval, Governor Edmund G. Brown, Jr., signed Senate Bill 148 on May 9, 1980 and it was recorded by the Secretary of State on that day as Chapter 90 of the Statutes of 1980.  (See Exhibit A, #1j)

The Senate Republican Caucus Third Reading analysis of Senate Bill 148 as  amended in Conference digests the bill as follows:

This bill, relating to medical care of prisoners, provides for the following:

1.    Provides that no person for whom federal financial participation is available is to be denied public assistance benefits, which federal financial participation is available, solely because such person is incarcerated in a county or city jail or juvenile dentention [sic] facility.

2.    Prohibits private insurance carriers from denying a claim for the sole reason that an individual is confined in a city or county jail or a juvenile dentention [sic] facility.  After July 1, 1980, the insurance carriers will be liable whether or not a health insurance contract contains a provision terminating benefits for individuals confined in a city or county jail or juvenile detention facility.
(See Exhibit A, #9b)