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DEPARTMENT OF FINANCE v. COMMISSION ON STATE MANDATES

No. C056833.

170 Cal.App.4th 1355 (2009)

DEPARTMENT OF FINANCE, Plaintiff and Appellant, v. COMMISSION ON STATE MANDATES, Defendant and Respondent.

Court of Appeals of California, Third District.

February 6, 2009.

Attorney(s) appearing for the Case

Edmund G. Brown, Jr., Attorney General, Christopher E. Krueger, Assistant Attorney General, Douglas J. Woods, Jill Bowers and Jack Woodside, Deputy Attorneys General, for Plaintiff and Appellant.

Camille Shelton for Defendant and Respondent.

OPINION

BUTZ, J.—

Article XIII B, section 6 of the California Constitution1 requires the state to bear the costs of new mandates on local government. However, if a local government entity voluntarily undertakes the costs, they do not constitute a reimbursable state mandate. (See, e.g., San Diego Unified School Dist. v. Commission on State Mandates (2004) 33 Cal.4th 859

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