BILL ANALYSIS AB 176 Page 1 Date of Hearing: March 17, 2009 ASSEMBLY COMMITTEE ON JUDICIARY Mike Feuer, Chair AB 176 (Silva) - As Introduced: February 2, 2009 PROPOSED CONSENT SUBJECT : CALIFORNIA LAW REVISION COMMISSION KEY ISSUE : SHOULD VARIOUS TECHNICAL CORRECTIONS TO OBSOLETE REFERENCES BE MADE TO THE CODES AS RECOMMENDED BY THE CALIFORNIA LAW REVISION COMMISSION? SYNOPSIS This non-controversial bill makes numerous technical changes in the California codes that have been recommended by the California Law Revision Commission. The changes propose technical and minor substantive revisions to generalize and modernize existing statutory references to audio or video recording. Specifically, references to the use of "tape," "cassette," "audiotape," or "videotape" would be revised to instead refer in a generic manner to any recording technology. The revisions would thereby allow for use of existing digital recording technology that does not make use of a tape, as well as other recording technologies that may be developed in the future. FISCAL EFFECT : As currently in print this bill is keyed non-fiscal. SUMMARY : Makes technical changes to the codes by recommendation of the California Law Review Commission. Specifically, this bill modernizes existing statutory references to audio or video recording and other non-substantive changes to obsolete references that exist in various statutory provisions. EXISTING LAW : Contains obsolete references to "audiotape" or "videotape" in various provisions. COMMENTS : The California Law Revision Commission is authorized by Government Code Section 8298 to study and recommend revisions correcting technical and minor substantive defects in California statutes. This bill proposes the Commission's recommendations AB 176 Page 2 which contain revisions to generalize and modernize existing statutory references to audio or video recording. The author notes that this bill revises references in various statutory provisions to audio or video recording that use words such as "tape," "cassette," "audiotape," or "videotape." Those references are outdated, as modern recording technology does not necessarily require storage on a "tape." Instead, many modern recording devices digitally store information on a computer chip or disk. The bill revises these statutory references by using generic language that is not limited to any specific recording medium, thereby including not only existing digital recording media, but also any recording media that may be developed in the future. Generally, the revisions involve replacing a reference to "audio tape" or "videotape" with a reference to "audio recording" or "video recording," or a similar substitution of terms. The revisions are consistent with two prior reforms: 1) a bill enacted in 2002, revising numerous references to "audiotape and "videotape" in the Civil Discovery Act, and 2) similar prior revisions to a limited number of sections in the Civil Discovery Act recommended by the Commission in 2004, and subsequently enacted into law. Prior Legislation : AB 2299 (Silva), from 2008, was identical to this bill- proposing technical and minor substantive revisions to generalize and modernize existing statutory references to audio or video recording as recommended by CLRC. However, the bill was one of many bills vetoed by the Governor last year, without regard to its merit, because of his stated concerns about insufficient time to review legislation due to the budget crisis. AB 310 (Silva), Chapter 263, Statutes of 2007, made non-substantive changes to the codes by recommendation of CLRC. The bill made various grammatical and other non-substantive changes in order to correct technical defects that existed in various statutory provisions. REGISTERED SUPPORT / OPPOSITION : Support California Law Revision Commission (sponsor) AB 176 Page 3 Opposition None on file Analysis Prepared by : Cindy Fischer / JUD. / (916) 319-2334