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. (more) ACR 98 (Wagner) Page 2 of ? 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 ACR 98 (Wagner) Page 3 of ? 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 ACR 98 (Wagner) Page 4 of ? 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 ACR 98 (Wagner) Page 5 of ? 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 ACR 98 (Wagner) Page 6 of ? 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) ************** ACR 98 (Wagner) Page 7 of ?