BILL ANALYSIS                                                                                                                                                                                                    Ó






                             SENATE JUDICIARY COMMITTEE
                             Senator Noreen Evans, Chair
                              2011-2012 Regular Session


          ACR 98 (Wagner)
          As Amended April 12, 2012
          Hearing Date: June 12, 2012
          Fiscal: Yes
          Urgency: No
          BCP  
                    

                                        SUBJECT
                                           
                     California Law Revision Commission: Studies

                                      DESCRIPTION  

          This measure, sponsored by the California Law Revision 
          Commission (CLRC), would authorize the CLRC to study whether 
          specified laws should be revised, authorize the commission to 
          study the new topic of the Fish and Game Code and related 
          statutory laws, and authorize removal of one topic from the 
          calendar of the CLRC.

          This measure would provide that before commencing work on any 
          project within the list of topics authorized for study by the 
          Legislature, the CLRC shall submit a detailed description of the 
          scope of work to the Senate and Assembly Committees on Judiciary 
          and any policy committee with jurisdiction over the study's 
          subject matter.  

          The measure would also expressly allow the CLRC to provide 
          copies of its recommendations to members of a policy committee 
          and invite CLRC staff to hearings for the purpose of explaining 
          recommendations and answering questions from committee members.

                                      BACKGROUND  

          The California Law Revision Commission was created in 1953 and 
          tasked with the responsibility for a continuing substantive 
          review of California statutory and decisional law.  The CLRC 
          studies the law in order to discover defects and make related 
          recommendations to the Legislature for needed reforms.  

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          The CLRC's enabling statute recognizes two types of topics the 
          CLRC is authorized to study:  (1) those that the CLRC identifies 
          for study and lists in the Calendar of Topics that it reports to 
          the Legislature; and (2) those that the Legislature assigns to 
          the CLRC directly, by statute or concurrent resolution.  In the 
          past, the bulk of the CLRC's study topics have come through the 
          first route - matters identified by the CLRC and approved by the 
          Legislature.  Once the CLRC identifies a topic for study, it 
          cannot begin to work on the topic until the Legislature, by 
          concurrent resolution, authorizes the CLRC to conduct the study. 
           Direct legislative assignments have become much more common in 
          recent years, and many of the CLRC's recent studies were 
          directly assigned by the Legislature.

          This measure would continue the authorization for the CLRC, 
          authorize the removal of one topic and add another topic for 
          study, and make three changes with respect to the interaction of 
          the CLRC with the Legislature. 

                                CHANGES TO EXISTING LAW
           
           Existing law  authorizes the California Law Revision Commission 
          to study topics approved by concurrent resolution of the 
          Legislature.  (Gov. Code Sec. 8293.)

           Existing law  prohibits an employee or member of the CLRC, with 
          respect to any proposed legislation concerning matters assigned 
          to the commission for study, advocate for the passage or defeat 
          of the legislation by the Legislature or the approval or veto of 
          the legislation by the Governor or appear before any committee 
          of the Legislature unless requested to do so by the committee or 
          its chairperson. (Gov. Code Sec. 8288.)

           This measure  would reauthorize the CLRC's study of specified 
          topics.

           This measure  would authorize the CLRC to study 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.

           This measure  would remove the CLRC's authority to study whether 
          the acts governing special assessments for public improvement 
                                                                      



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          should be simplified and unified.

           This measure  would require that before commencing work on any 
          project within the calendar of topics authorized or directed for 
          study by the Legislature, the CLRC shall submit a detailed 
          description of the scope of work to the Chairs and Vice Chairs 
          of the Committees on Judiciary of the Senate and Assembly, 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 provide that CLRC staff is invited to appear 
          and testify at any committee hearing of a bill to implement a 
          CLRC recommendation, for the purpose of explaining the 
          recommendation and answering questions posed by the committee 
          members, provided that the staff may not advocate for the 
          passage or defeat of the legislation.  
           This measure  would further request the CLRC to provide a copy of 
          a recommendation to each member of a policy committee that is 
          hearing a bill that would implement the recommendation.

                                        COMMENT
           
          1.   Stated need for the bill  

          ACR 98 is the annual concurrent resolution authorizing the 
          CLRC's study of selected topics.  According to the author, ACR 
          98 would continue the CLRC's existing study authority of 21 
          specific topics, delete the authorization of one topic, and add 
          authorization to conduct a comprehensive technical review of the 
          Fish and Game law. The author further notes that ACR 98 also 
          "states some procedural rules relating to coordination between 
          CLRC and the Legislature."

              2.   Reauthorization of topics previously authorized for 
               study

           The CLRC currently has a list of twenty-one topics that the 
          Legislature has previously authorized for study.  This measure 
          would reauthorize the CLRC to study the following topics: 
          Creditors' Remedies; Probate Code; Real and Personal Property; 
          Family Law; Discovery in Civil Cases; Special Assessments for 
          Public Improvements; Rights and Disabilities of Minors and 
          Incompetent Persons; Evidence; Arbitration; Administrative Law; 
          Attorney's Fees; Uniform Unincorporated Nonprofit Association 
                                                                      



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          Act; Trial Court Unification; Contract Law; Common Interest 
          Developments; Legal Malpractice Statutes of Limitation; 
          Coordination of Public Records Statutes; Criminal Sentencing; 
          Subdivision Map Act and Mitigation Fee Act; Uniform Statute and 
          Rule Construction Act; Place of Trial in Civil Cases; and the 
          legal and policy implications of treating a charter school as a 
          public entity for the purposes of the Government Tort Claims 
          Act.

          3.   Addition and removal of authority
           
          This measure would additionally authorize the CLRC to conduct a 
          comprehensive review of the Fish and Game Code and related 
          statutory law to determine whether those sections should be 
          revised to improve organization, clarity, and other minor 
          improvements without making any significant change to their 
          effect.  The author notes that the language complies with "a 
          request from Senator Pavley and Assembly Member Huffman, as 
          Chairs of the Senate Natural Resources & Water Committee and 
          Assembly Water, Parks & Wildlife Committee."

          This measure would also remove the authority of the CLRC to 
          study whether the acts governing special assessments for public 
          improvement should be simplified and unified.  The author notes 
          that the "authority was added to allow the CLRC to develop a 
          unified statute to replace the existing multiplicity of special 
          assessment statutes. The CLRC never began work on that topic, 
          due to higher priority work. While there would probably be some 
          benefit from a broad technical cleanup of the special assessment 
          statutes, the ÝCLRC] has concluded that there is not enough 
          evidence that the existing statutory scheme is causing problems 
          to justify the large investment of resources that the study 
          would require."

          4.   Changes to coordination rules  

          This measure would make three changes relating to the 
          relationship between the CLRC and the Legislature. 

            a.  Additional communication with the Legislature
             
            ACR 49 (Evans, Res. Chapter 98, Statutes of 2009) increased 
            communication between the CLRC and the Legislature by 
            providing that prior to commencing work on any project within 
            the list of topics authorized or directed for study by the 
            Legislature, the CLRC shall submit a detailed description of 
                                                                      



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            the scope of work to the Chairs and Vice Chairs of the 
            Committees on Judiciary of the Senate and Assembly, 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 augment that requirement by further 
            requiring the CLRC to submit that description of the scope of 
            work to any other policy committee that has jurisdiction over 
            the subject matter of the study.  That enhanced requirement 
            for early communication would further facilitate legislative 
            input on whether a particular proposed topic is consistent 
            with what has been authorized.

            b.   Inviting staff of the CLRC to appear and testify

             Under existing law, CLRC staff may not advocate for the 
            passage or defeat of a commission recommendation by the 
            Legislature, and may not appear before any committee of the 
            Legislature unless requested to do so by the committee or its 
            chairperson.  This measure would specifically invite the staff 
            of the CLRC to appear and testify at any committee hearing of 
            a bill that implements a CLRC recommendation. That formal 
            invitation seeks to ensure that the staff of the CLRC is 
            technically able to testify at committee hearings for the 
            purpose of explaining the CLRC recommendation and answering 
            questions posed by committee members. 

            It should be noted that this measure further provides that 
            CLRC staff may not advocate for the passage or defeat of 
            legislation containing a CLRC recommendation. That provision 
            restates the existing ban on that activity contained in 
            Section 8288 of the Government Code. 

            c.   Copies of commission recommendations  

            Under existing law, the CLRC is required to distribute its 
            reports and recommendations to the Governor, the Members of 
            the Legislature, and the heads of all state departments.  
            Despite that requirement, a separate code section provides 
            that "Ýn]o report shall be distributed to a Member of the 
            Legislature unless specifically requested by that member." 
            (Gov. Code Sec. 9795.)  In order to ensure that the 
            requirement is technically met, this measure would formally 
            request the CLRC to provide a copy of a recommendation to each 
            member of a policy committee that is hearing a bill that would 
            implement the recommendation.  Consistent with the above 
                                                                      



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            changes, this provision would further facilitate communication 
            between the legislature and the CLRC by ensuring the CLRC is 
            able to provide members of policy committees with the 
            underlying recommendation that is the basis of legislation 
            being heard by the committee. 


           Support  :  None Known

           Opposition  :  None Known

                                        HISTORY
           
           Source  :  California Law Revision Commission

           Related Pending Legislation  :  None Known

           Prior Legislation  : 

          The following is a list of the prior annual authorizing 
          resolutions for the CLRC:

          ACR 49 (Evans, Res. Ch. 98, Stats. 2009)
          ACR 35 (Evans, Res. Ch. 100, Stats. 2007) 
          SCR 15 (Morrow, Res. Ch. 1, Stats. 2006) 
          SCR 42 (Campbell, Res. Ch. 122, Stats. 2005)
          SCR 4 (Morrow, Res. Ch. 92, Stats. 2003)
          ACR 123 (Wayne, Res. Ch. 166, Stats. 2002)
          SCR 13 (Morrow, Res. Ch. 78, Stats 2001)
          ACR 17 (Wayne, Res. Ch. 81, Stats. 1999)
          SCR 65 (Kopp, Res. Ch. 91, Stats. 1998)
          SCR 3 (Kopp, Res. Ch. 102, Stats. 1997)
          SCR 43 (Kopp, Res. Ch. 38, Stats. 1996)

           Prior Vote  :

          Assembly Judiciary Committee (Ayes 10, Noes 0)
          Assembly Appropriations Committee (Ayes 16, Noes 0)
          Assembly Floor (Ayes 73, Noes 0)

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