BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 176
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          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
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          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
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           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Cindy Fischer / JUD. / (916) 319-2334