BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 176
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 176 (Silva)
          As Amended May 6, 2009
          Majority vote
           
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          |ASSEMBLY:  |77-0 |(March 23,      |SENATE: |36-0 |(June 15,      |
          |           |     |2009)           |        |     |2009)          |
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           Original Committee Reference:   JUD.  

           SUMMARY  :  Makes technical changes to the codes by recommendation  
          of the California Law Review Commission (CLRC).  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.

           The Senate amendments  provide that all bills, other than AB 1164  
          (Tran, Maintenance of the Codes), amending sections amended by  
          this bill will prevail over this bill.

           AS PASSED BY THE ASSEMBLY , this bill was substantially similar  
          to the version approved by the Senate.

           FISCAL EFFECT  :  None

           COMMENTS  :  The CLRC 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 CLRC's recommendations 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          references are outdated, as modern recording technology does not  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  








                                                                  AB 176
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          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 CLRC in 2004, and subsequently enacted into  
          law.


           Analysis Prepared by  :  Cindy Fischer / JUD. / (916) 319-2334 

                                                               FN: 0001426