BILL ANALYSIS Ó
ACR 148
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Date of Hearing: April 19, 2016
ASSEMBLY COMMITTEE ON JUDICIARY
Mark Stone, Chair
ACR 148
(Chau) - As Introduced March 3, 2016
PROPOSED CONSENT
SUBJECT: CALIFORNIA LAW REVISION COMMISSION: STUDIES
KEY ISSUE: SHOULD THE CALIFORNIA LAW REVISION COMMISSION BE
RE-AUTHORIZED TO CONTINUE ITS WORK TO ASSIST THE LEGISLATURE IN
IMPROVING CALIFORNIA'S LAWS?
SYNOPSIS
Similar to previous resolutions passed by the Legislature, this
non-controversial measure re-authorizes the California Law
Revision Commission (CLRC) to continue its work to study topics
previously authorized or directed for study by the Legislature.
In addition to the 23 previously-authorized areas of study, this
resolution requests the CLRC to further examine the California
Public Records Act (CPRA) to determine whether it should be
amended in a non-substantive manner to reduce its length and
complexity, avoid unnecessary cross-references, and eliminate
duplicative provisions. Like other past resolutions, ACR 148
requires the CLRC, before commencing work on any project within
the list of topics authorized for study by the Legislature, to
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submit a detailed description of the scope of work to the Chairs
and Vice Chairs of the Senate and Assembly Committees on
Judiciary, and any other policy committee that has jurisdiction
over the subject matter of the study.
SUMMARY: Re-authorizes the CLRC to study specific topics.
Specifically, this resolution:
1)Re-authorizes the CLRC's study of specified topics, as
provided.
2)Authorizes the CLRC to further examine the CPRA to determine
whether it should be amended in a non-substantive manner to
reduce its length and complexity, avoid unnecessary
cross-references, and eliminate duplicative provisions.
3)Requires that, before commencing work on any project within
the calendar of topics the Legislature has authorized or
directed the commission to study, the CLRC 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.
4)Invites staff of the CLRC 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.
5)Requests the CLRC 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.
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EXISTING LAW:
1)Creates the California Law Revision Commission. (Government
Code Section 8280 et seq. Unless stated otherwise, all
further statutory references are to the Government Code.)
2)Requires the CLRC, unless provided otherwise, to examine the
common law and statutes of California and judicial decisions
for the purpose of discovering defects and anachronisms in the
law and recommending needed reforms. (Section 8289.)
3)Allows the CLRC to recommend, from time to time, such changes
in the law as it deems necessary to modify or eliminate
antiquated and inequitable rules of law, and to bring the law
of this state into harmony with modern conditions. (Ibid.)
4)Requires the CLRC to study any topic that the Legislature, by
concurrent resolution or statute, refers to it for study.
(Section 8293.)
5)Establishes the California Public Records Act (CPRA).
(Section 6250 et seq.)
6)Provides that, under the CPRA, public records are open to
inspection at all times during the office hours of the state
or local agency and every person has a right to inspect any
public record, except as provided. (Section 6253 et seq.)
FISCAL EFFECT: As currently in print this measure is keyed
fiscal.
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COMMENTS: The California Law Revision Commission was created in
1953 and was given the responsibility of substantively reviewing
California statutory and decisional law. The CLRC studies the
law in order to discover defects and anachronisms, and makes
recommendations to the Legislature on needed reforms.
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 review has come through the first
type: 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.
In recent years, the CLRC's topics have come directly from the
Legislature.
Similar to previous CLRC-reauthorizing resolutions, this measure
resolves that the CLRC send its recommendations to the
Legislature's policy committees, specifically including this
Committee, and invites CLRC staff to testify at hearings to
explain recommendations and answer questions from Members of the
Legislature.
Reauthorization of topics previously authorized for study. The
CLRC currently has a list of 23 topics that the Legislature has
previously authorized for study. This measure would reauthorize
the CLRC to study the following topics:
1. Creditors' Remedies
2. Probate Code
3. Real and Personal Property
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4. Family Law
5. Discovery in Civil Cases
6. Rights and Disabilities of Minors and Incompetent
Persons
7. Evidence
8. Arbitration
9. Administrative Law
10. Attorney's Fees
11. Uniform Unincorporated Nonprofit Association Act
12. Trial Court Unification
13. Contract Law
14. Common Interest Developments
15. Legal Malpractice Statutes of Limitation
16. Coordination of Public Records Statutes
17. Criminal Sentencing
18. Subdivision Map Act and Mitigation Fee Act
19. Uniform Statute and Rule Construction Act
20. Place of Trial in Civil Cases
21. Implications of treating a charter school as a public
entity
22. Fish and Game Code
23. The Legal Doctrine around Mediation Confidentiality and
Attorney Malpractice
Given the CLRC's experience in clarifying the law without
affecting its substance, a request to reduce the complexity of
the California Public Records Act seems appropriate. In
addition to the 23 topics of study, this measure authorizes the
CLRC to further study the CPRA. The CPRA, signed into law in
1968 as a general record keeping law, allows the public to
monitor government activity. Since the enactment of the CPRA,
it has been amended multiple times to exempt certain records.
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These exemptions include health care records, public safety
officers' personnel files, and domestic violence survivors'
personal information. (Government Code Section 6253 et seq.)
Due to the multiple changes to the statute, the CPRA has become
difficult for the public to understand.
In the past, the CLRC has provided hundreds of recommendations,
ranging from the creation of entire codes to the repeal of a
single section. Given the CLRC's experience and expertise in
clarifying the law while maintaining the Legislature's intent,
it appears reasonable and consistent with the CLRC work that the
Legislature asks the CLRC to also review the CPRA to determine
whether it should be revised in a non-substantive manner to
reduce its length and complexity, avoid unnecessary
cross-references, and eliminate duplicative provisions.
Prior Legislation: SCR 83 (Monning, Res. Chap. 63, Stats. 2014)
SCR 54 (Padilla, Res. Chap. 115, Stats. 2013)
ACR 98 (Wagner, Res. Chap. 108, Stats. 2012)
ACR 49 (Evans, Res. Chap. 98, Stats. 2009)
ACR 35 (Evans, Res. Chap. 100, Stats. 2007)
SCR 15 Morrow (Res. Chap. 1, Stats. 2006)
SCR 42 Campbell (Res. Chap. 122, Stats. 2005)
SCR 4 Morrow (Res. Chap. 92, Stats. 2003)
ACR 123 Wayne (Res. Chap. 166, Stats. 2002)
SCR 13 Morrow (Res. Chap. 78, Stats. 2001)
ACR 17 Wayne (Res. Ch. 81, Stats. 1999)
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SCR 65 Kopp (Res. Ch. 91, Stats. 1998)
SCR 3 Kopp (Res. Ch. 102, Stats. 1997)
SCR 43 Kopp (Res. Ch. 38, Stats. 1996)
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
None on file
Analysis Prepared by:Eric Dang and Alexandria Smith-Davis / JUD.
/ (916) 319-2334
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