BILL NUMBER: AB 2404	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Papan

                        FEBRUARY 24, 2000

   An act to amend Section 68902 of the Government Code, relating to
appellate opinions.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2404, as introduced, Papan.  Appellate opinions.
   (1) Existing law provides that such opinions of the Supreme Court,
of the courts of appeal, and of the appellate divisions of the
superior courts as the Supreme Court may deem expedient shall be
published in the official reports, which shall be published under the
general supervision of the Supreme Court.
   The bill would require all final opinions of the Supreme Court, of
the courts of appeal, and of the appellate divisions of the superior
courts to be in writing and made available for private publication,
in full; and would specify that these opinions constitute precedent
under the doctrine of stare decisis the same as opinions published in
the official reports.  The bill also would make related, clarifying
changes.  The bill would impose a state-mandated local program by
requiring new duties of superior court officials.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 68902 of the Government Code is amended to
read:
   68902.   (a)  Such opinions of the Supreme Court, of the
courts of appeal, and of the appellate divisions of the superior
courts as the Supreme Court  may deem expedient 
 deems appropriate  shall be published in the official
reports.  The reports shall be published under the general
supervision of the Supreme Court.  
   (b) All final opinions of the Supreme Court, of the courts of
appeal, and of the appellate divisions of the superior courts shall
be made available for private publication, in full; and shall
constitute precedent under the doctrine of stare decisis the same as
opinions published in the official reports. 
  SEC. 2.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.