BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      AB 1123


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          ASSEMBLY THIRD READING


          AB  
          1123 (Mayes)


          As Introduced February 27, 2015


          Majority vote


           -------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                    |Noes               |
          |----------------+------+------------------------+-------------------|
          |Judiciary       |10-0  |Mark Stone, Wagner,     |                   |
          |                |      |Alejo, Chau, Chiu,      |                   |
          |                |      |Gallagher, Cristina     |                   |
          |                |      |Garcia, Holden,         |                   |
          |                |      |Maienschein, O'Donnell  |                   |
          |                |      |                        |                   |
          |----------------+------+------------------------+-------------------|
          |Appropriations  |16-0  |Gomez, Bigelow, Bonta,  |                   |
          |                |      |Calderon, Chang, Daly,  |                   |
          |                |      |Eggman, Gallagher,      |                   |
          |                |      |Eduardo Garcia, Holden, |                   |
          |                |      |Jones, Quirk, Rendon,   |                   |
          |                |      |Wagner, Weber, Wood     |                   |
          |                |      |                        |                   |
          |                |      |                        |                   |
           -------------------------------------------------------------------- 


          SUMMARY:  Permits a county to transfer the operations of an  
          established alternative dispute resolution program to the superior  
          court in the county.  Specifically, this bill: 










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          1) Allows a county and the superior court of the same county to  
            formally agree to the transfer of the revenues and  
            responsibilities of an established dispute resolution program to  
            the court to operate the program.


          2) Requires that upon transfer of the alternative dispute program  
            to the superior court, the court must operate the program in  
            compliance with requirements, rules and regulations associated  
            with the program.


          3) Provides that a court which contracts to operate a dispute  
            resolution program assumes the relevant rights and  
            responsibilities connected with the program.


          4) Requires the county to transfer, within a reasonable time, any  
            funds received for the administration of the program, and that  
            all future program funding to be provided directly to the court.


          EXISTING LAW provides that local dispute resolution services  
          provide an alternative to formal court proceedings.  


          1)Provides for the establishment and funding of local dispute  
            resolution programs to be operated by counties and for  
            participating counties to receive funds to administer the  
            programs.  


          2)Provides that local dispute resolution programs are funded by  
            civil filing fee surcharges.  


          3)The Department of Consumer Affairs (DCA) is charged with the  
            oversight and enforcement of alternative dispute resolution  
            programs.  








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          FISCAL EFFECT:  According to the Assembly Appropriations, any  
          costs to the DCA, which is charged with oversight and enforcement  
          of alternative dispute resolution programs, would be minor and  
          absorbable.


          COMMENTS:  The Dispute Resolution Programs Act of 1986 (Chapter  
          1313, Statutes of 1986 and Chapter 28, Statutes of 1987), or Act,  
          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.  In order to achieve  
          effectiveness and efficiency and facilitate more flexible forums  
          to hash out disputes, the Legislature created the Act to encourage  
          counties to utilize these less formal, less costly programs for  
          the resolution of disputes.  Since the Act was established, many  
          counties have created local alternative dispute resolution  
          programs to assist persons who wish to resolve disputes prior to  
          trial.  (www.dca.ca.gov/publications)


          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 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. 


          In support the author writes:








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               The Dispute Resolution Programs Act of 1986 provides for  
               the establishment and funding of local dispute  
               resolution programs.  The purpose of the Act is to  
               encourage the use of local dispute resolution services  
               as an alternative to formal court proceedings.  The  
               program is funded by civil filing fee surcharges.


               In several counties, including the County of San  
               Bernardino, the program has been administered by the  
               local superior court.  However, the County is required  
               to adopt the code sections and the funds are deposited  
               with the County.


               Assembly Bill 1123 would allow counties and courts to  
               agree to formally transfer revenues and responsibilities  
               relating to the Dispute Resolution Programs Act of 1986.  
                This would formalize the current practice in several  
               counties, reduce staff time, and eliminate confusion  
               over program authority and procurement process.  This  
               bill would not mandate any change, it would only allow  
               it.


          Oversight of Alternative Dispute Resolution Programs.  The Act  
          provides the framework for the statewide system of oversight.   
          Initially, a limited-term Dispute Resolution Advisory Council  
          (Council) was created in the Act to adopt temporary guidelines and  
          propose regulations to supplement the provisions of the Act.   
          After completion of its responsibilities, the Council was  
          disbanded on January 1, 1989.  The DCA now has the responsibility  
          to oversee the local programs, review and modify the rules and  
          regulations governing the local programs, provide technical  
          assistance to counties and their programs, monitor local  
          government program compliance with the Act and applicable  
          regulations, and evaluate the programs and their impact on the  








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          state justice system.  This bill does not change any oversight  
          provisions of the Act, except to the extent that existing  
          oversight of county alternative dispute resolution programs will  
          now extend to programs operated by county superior courts after  
          they are transferred to the local superior courts.   
          (www.dca.ca.gov/publications)


          The sponsor of this bill, the County of San Bernardino writes in  
          support:


               The County of San Bernardino operates a dispute  
               resolution program that has been administered by the San  
               Bernardino Court since 2004.  This is particularly  
               important in the County of San Bernardino given the  
               limited number of judicial positions relative to  
               caseload.


               The County of San Bernardino has maintained involvement  
               because the code sections require that the funds are  
               deposited with the County.  However, in practice, the  
               funds are administered by the Court.  Questions have  
               arisen regarding responsibility for procurement and  
               contracting authority, often resulting in duplicative  
               work performed by the Court and San Bernardino County.


               AB 1123 would allow for the transfer of revenues and  
               responsibilities under the Act on a permissive basis to  
               formalize the County's current practice, whereby the  
               Court administers the funds and oversees operations,  
               reduce staff time, increase efficiencies and eliminate  
               confusion over program authority and procurement  
               processes.











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          Analysis Prepared by:                                               
                          Khadijah Hargett / JUD. / (916) 319-2334  FN:  
          0000286