BILL NUMBER: ACR 98 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 12, 2012
INTRODUCED BY Assembly Member Wagner
FEBRUARY 2, 2012
Relative to the California Law Revision Commission.
LEGISLATIVE COUNSEL'S DIGEST
ACR 98, as amended, Wagner. California Law Revision Commission:
studies.
Existing law requires the California Law Revision Commission to
study, and limits the commission to studying, topics approved by
resolution of the Legislature.
This measure would grant approval to the commission to continue
its study of designated topics that the Legislature previously
authorized or directed the commission to study , and would also
authorize the commission to study a new topic, and authorize the
removal of one topic from the calendar of the commission .
The measure would require the commission, before commencing work
on any project within the calendar of topics the Legislature has
authorized or directed the commission to study, to submit a detailed
description of the scope of work to the chairs and vice chairs of the
Assembly Committee on Judiciary and the Senate Committee on
Judiciary, and any other policy committee that has jurisdiction
over the subject matter of the study, and if during the course
of the project there is a major change to the scope of work, submit a
description of the change. This measure would also invite a staff
member of the commission to appear and testify at any committee
hearing of a bill to implement a commission recommendation. This
measure would also request the commission to provide a copy of a
commission recommendation to each member of a policy committee that
is hearing a bill that would implement the recommendation.
Fiscal committee: yes.
WHEREAS, The California Law Revision Commission is authorized to
study topics set forth in the calendar contained in its report to the
Governor and the Legislature that have been or are thereafter
approved for study by concurrent resolution of the Legislature, and
topics that have been referred to the commission for study by
concurrent resolution of the Legislature or by statute; and
WHEREAS, The commission, in its annual report covering its
activities for 2010 and 2011 and 2012 ,
recommends continued study of 22 21
topics, all of which the Legislature has previously authorized or
directed the commission to study , and further recommends the
addition of one new topic to its calendar and the removal of one
previously authorized topic from its calendar ; now, therefore,
be it
Resolved by the Assembly of the State of California, the Senate
thereof concurring, That the Legislature approves for continued study
by the California Law Revision Commission the topics listed below,
all of which the Legislature has previously authorized or directed
the commission to study:
(1) Whether the law should be revised that relates to creditors'
remedies, including, but not limited to, attachment, garnishment,
execution, repossession of property (including the claim and delivery
statute, self-help repossession of property, and the Commercial Code
provisions on repossession of property), confession of judgment
procedures, default judgment procedures, enforcement of judgments,
the right of redemption, procedures under private power of sale in a
trust deed or mortgage, possessory and nonpossessory liens,
insolvency, and related matters.
(2) Whether the California Probate Code should be revised,
including, but not limited to, the issue of whether California should
adopt, in whole or in part, the Uniform Probate Code, and related
matters.
(3) Whether the law should be revised that relates to real and
personal property, including, but not limited to, a marketable title
act, covenants, servitudes, conditions, and restrictions on land use
or relating to land, powers of termination, escheat of property and
the disposition of unclaimed or abandoned property, eminent domain,
quiet title actions, abandonment or vacation of public streets and
highways, partition, rights and duties attendant on assignment,
subletting, termination, or abandonment of a lease, and related
matters.
(4) Whether the law should be revised that relates to family law,
including, but not limited to, community property, the adjudication
of child and family civil proceedings, child custody, adoption,
guardianship, freedom from parental custody and control, and related
matters, including other subjects covered by the Family Code.
(5) Whether the law relating to discovery in civil cases should be
revised.
(6) Whether the acts governing special assessments for public
improvement should be simplified and unified.
(7)
(6) Whether the law relating to the rights and
disabilities of minors and incompetent persons should be revised.
(8)
(7) Whether the Evidence Code should be revised.
(9)
(8) Whether the law relating to arbitration, mediation,
and other alternative dispute resolution techniques should be
revised.
(10)
(9) Whether there should be changes to administrative
law.
(11)
(10) Whether the law relating to the payment and the
shifting of attorney's fees between litigants should be revised.
(12)
(11) Whether the Uniform Unincorporated Nonprofit
Association Act, or parts of that uniform act, and related provisions
should be adopted in California.
(13)
(12) Recommendations to be reported pertaining to
statutory changes that may be necessitated by court unification.
(14)
(13) Whether the law of contracts should be revised,
including the law relating to the effect of electronic communications
on the law governing contract formation, the statute of frauds, the
parol evidence rule, and related matters.
(15)
(14) Whether the law governing common interest housing
developments should be revised to clarify the law, eliminate
unnecessary or obsolete provisions, consolidate existing statutes in
one place in the codes, establish a clear, consistent, and unified
policy with regard to formation and management of these developments
and transaction of real property interests located within them, and
to determine to what extent they should be subject to regulation.
(16)
(15) Whether the statutes of limitation for legal
malpractice actions should be revised to recognize equitable tolling
or other adjustment for the circumstances of simultaneous litigation,
and related matters.
(17)
(16) Whether the law governing disclosure of public
records and the law governing protection of privacy in public records
should be revised to better coordinate them, including consolidation
and clarification of the scope of required disclosure and creation
of a single set of disclosure procedures, to provide appropriate
enforcement mechanisms, and to ensure that the law governing
disclosure of public records adequately treats electronic
information, and related matters.
(18)
(17) Whether the law governing criminal sentences for
enhancements relating to weapons or injuries should be revised to
simplify and clarify the law and eliminate unnecessary or obsolete
provisions.
(19)
(18) Whether the Subdivision Map Act (Division 2
(commencing with Section 66410) of Title 7 of the Government Code)
and the Mitigation Fee Act (Chapter 5 (commencing with Section
66000), Chapter 6 (commencing with Section 66010), Chapter 7
(commencing with Section 66012), Chapter 8 (commencing with Section
66016), and Chapter 9 (commencing with Section 66020) of Division 1
of Title 7 of the Government Code) should be revised to improve their
organization, resolve inconsistencies, and clarify and rationalize
provisions, and related matters.
(20)
(19) Whether the Uniform Statute and Rule Construction
Act (1995) should be adopted in California in whole or in
part, and related matters.
(21)
(20) Whether the law governing the place of trial in a
civil case should be revised.
(22)
(21) Analysis of the legal and policy implications of
treating a charter school as a public entity for the purposes of
Division 3.6 (commencing with Section 810) of Title 1 of the
Government Code; and be it further
Resolved, That the Legislature approves for study by the
California Law Revision Commission the new topic listed below:
Whether the Fish and Game Code and related statutory law should be
revised to improve its organization, clarify its meaning, resolve
inconsistencies, eliminate unnecessary or obsolete provisions,
standardize terminology, clarify program authority and funding
sources, and make other minor improvements, without making any
significant substantive change to the effect of the law; and be it
further
Resolved, That the Legislature approves removal from the calendar
of the California Law Revision Commission the topic listed below:
Whether the acts governing special assessments for public
improvement should be simplified and unified; and be it further
Resolved, That before commencing work on any project within the
calendar of topics the Legislature has authorized or directed the
commission to study, the commission shall submit a detailed
description of the scope of work to the chairs and vice chairs of the
Assembly Committee on Judiciary and the Senate Committee on
Judiciary, and any other policy committee that has
jurisdiction over the subject matter of the study, and if
during the course of the project there is a major change to the scope
of work, submit a description of the change; and be it further
Resolved, That the staff of the commission is invited to appear
and testify at any committee hearing of a bill to implement a
commission recommendation, for the purpose of explaining the
recommendation and answering questions posed by committee members,
provided that the staff may not advocate for the passage or defeat of
the legislation; and be it further
Resolved, That the commission is requested to provide a copy of a
commission recommendation to each member of a policy committee that
is hearing a bill that would implement the recommendation; and be it
further
Resolved, That the Chief Clerk of the Assembly transmit a copy of
this resolution to the California Law Revision Commission; and be it
further
Resolved, That the Chief Clerk of the Assembly transmit copies of
this resolution to the author for appropriate distribution.