DEP'T OF FINANCE v. COM'N ON STATE MANDATES

No. S109219.

134 Cal.Rptr.2d 237 (2003)

30 Cal.4th 727

68 P.3d 1203

DEPARTMENT OF FINANCE, Plaintiff and Appellant, v. COMMISSION ON STATE MANDATES, Defendant and Respondent; Kern High School District, et al. Real Parties in Interest.

Supreme Court of California.

May 22, 2003.


Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Andrea Lynn Hoch, Chief Assistant Attorney General, Manuel M. Medeiros and Louis R. Mauro, Assistant Attorneys General, Catherine M. Van Aken and Leslie R. Lopez, Deputy Attorneys General, for Plaintiff and Appellant.

Paul M. Starkey, Camille Shelton, Sacramento, and Eric D. Feller for Defendant and Respondent.

Jo Anne Sawyerknoll, Sacramento, Jose A. Gonzales and Arthur M. Palkowitz, San Diego, for Real Party in Interest and Respondent San Deigo Unified School District.

No appearance by Real Parties in Interest and Respondents Kern High School District and County of Santa Clara.

Ruth Sorensen, Alturas, for California State Association of Counties, City of Buenaventura, City of Carlsbad, City of Dixon, City of Indian Wells, City of La Habra Heights, City of Merced, City of Monterey, City of Plymouth, City and County of San Francisco, City of San Luis Obispo, City of San Pablo, City of Tracy and City of Walnut Creek as Amici Curiae on behalf of Real Parties in Interest and Respondents.

Diana McDonough, San Rafael, Harold M. Freiman, San Ramon, Cynthia A. Schwerin, San Rafael, and Lozano Smith for California School Boards Association, though its Education Legal Alliance as Amici Curiae on behalf of Real Parties in Interest and Respondents.


GEORGE, C.J.

Article XIII B, section 6, of the California Constitution provides: "Whenever the Legislature or any state agency mandates a new program or higher level of service on any local government, the State shall provide a subvention of funds to reimburse such local government for the costs of such program or increased level of service...." (Hereafter XIII B, section 6.)

Real parties in interest—...

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