BILL ANALYSIS AB 176 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 176 (Silva) As Amended May 6, 2009 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |77-0 |(March 23, |SENATE: |36-0 |(June 15, | | | |2009) | | |2009) | ----------------------------------------------------------------- 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 Those references are outdated, as modern recording technology does not necessarily require storage on a "tape."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 Page 2 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