BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1164
                                                                  Page  1

          Date of Hearing:  April 14, 2009

                           ASSEMBLY COMMITTEE ON JUDICIARY
                                  Mike Feuer, Chair
                  AB 1164 (Tran) - As Introduced:  February 27, 2009

                                  PROPOSED CONSENT
           
          SUBJECT  :  MAINTENANCE OF THE CODES: ANNUAL CLEANUP BILL

           KEY ISSUE  :  SHOULD VARIOUS NON-SUBSTANTIVE, TECHNICAL CHANGES BE  
          MADE VIA THE "MAINTENANCE OF THE CODES" BILL SPONSORED BY THE  
          LEGISLATIVE COUNSEL'S OFFICE IN THIS ANNUAL TECHNICAL CLEAN-UP  
          BILL?
                                          
           FISCAL EFFECT  :  As currently in print this bill is keyed  
          non-fiscal.

                                      SYNOPSIS

          This non-controversial bill makes numerous technical changes in  
          the California codes that have been recommended by the  
          Legislative Counsel's Office.  The proposed changes would not  
          make any substantive change in the law.

           SUMMARY  :  Makes non-substantive changes to the codes by  
          recommendation of the Legislative Counsel's office.   
          Specifically,  this bill  makes various grammatical and other  
          technical changes suggested by the Office of Legislative Counsel  
          in order to correct non-substantive errors that exist in the  
          original bill text.

           EXISTING LAW  :  Unaffected

           COMMENTS  :  Each year, Legislative Counsel's Office identifies  
          grammatical errors and other errors of a technical nature that  
          have been inadvertently enacted into statutory law.  The annual  
          "Maintenance of the Codes" bill is the vehicle for implementing  
          the wholesale corrections.  For inclusion into the measure, the  
          change must be technical only and may not affect or enact  
          substantive law.  Any proposed change which is identified as  
          having a substantive change is automatically excised from the  
          bill.
           
           Commitment to delete any substantive provision  .  A condition for  








                                                                  AB 1164
                                                                  Page  2

          inclusion in the annual code maintenance bill is that the change  
          must be non-substantive.  Consequently, any provision that is  
          identified as making a substantive law change will be deleted  
          without question by the Legislative Counsel's Office.
           
           "All-purpose" yielding clause avoids chaptering problems  .   
          Proposed Section 223 on page 446 of the bill provides that any  
          other bill enacted by the Legislature during the 2009 calendar  
          year that takes effect on or before January 1, 2010 and that  
          amends, adds, repeals, or otherwise affects any section affected  
          by this bill, shall prevail over the provisions of this bill.   
          This "all-purpose" yielding clause avoids any chaptering  
          problems that might otherwise occur and escape the notice of  
          inattentive staff.


           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on file

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