BILL ANALYSIS Ó
AB 1123
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Date of Hearing: May 6, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
1123 (Mayes) - As Introduced February 27, 2015
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill authorizes counties that have established dispute
resolution programs to contract with, and transfer operation of,
these programs to their respective county superior courts, which
assume all rights and responsibilities connected with the
AB 1123
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programs. A county would also be required to also transfer to
the court any funds received for administering the program, and
all future program funding would go directly to the court.
FISCAL EFFECT:
Any costs to the Department of Consumer Affairs (DCA), which is
charged with oversight and enforcement of alternative dispute
resolution programs, would be minor and absorbable.
COMMENTS:
1)Background. The Dispute Resolution Programs Act of 1986
provides for the establishment, funding and use of local
dispute resolution programs. In considering the Act's
implementation, the Legislature determined that the resolution
of disputes could be unnecessarily costly, time-consuming, and
complex when achieved through formal court proceedings. In an
attempt to achieve more effective and efficient dispute
resolution, the Legislature encouraged greater use of
alternatives to litigation, such as mediation, conciliation,
and arbitration.
2)Purpose. Although some counties contract with their superior
courts to handle the operations of their alternative dispute
resolution programs, their authority to do so is not clear in
the Act. This bill, sponsored by the County of San Bernardino,
will allow counties and courts to formalize their existing
practices of transferring the responsibility for operating
such programs to courts and will allow other counties and
courts who may wish to do so, to contract for the transfer of
alternative dispute resolution programs and their revenue,
from the county to the court.
AB 1123
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Analysis Prepared by:Chuck Nicol / APPR. / (916)
319-2081