BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       ACR 148|
          |Office of Senate Floor Analyses   |                              |
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                                    THIRD READING


          Bill No:  ACR 148
          Author:   Chau (D), et al.
          Amended:  5/26/16 in Senate
          Vote:     21  

           SENATE JUDICIARY COMMITTEE:  7-0, 6/14/16
           AYES:  Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,  
            Wieckowski

          SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           ASSEMBLY FLOOR:  78-0, 5/9/16 (Consent) - See last page for  
            vote

           SUBJECT:   California Law Revision Commission:  studies


          SOURCE:    California Law Revision Commission

          DIGEST:   This resolution authorizes the California Law Revision  
          Commission (CLRC) to continue its studies on whether specified  
          laws should be revised; authorizes an additional study of the  
          California Public Records Act (CPRA); provides 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 legislative policy  
          committee with jurisdiction over the study's subject matter; and  
          expressly allows the CLRC to provide copies of its  
          recommendations to members of a legislative policy committee and  
          invite CLRC staff to hearings for the purpose of explaining  
          recommendations and answering questions from committee members.


          ANALYSIS: 








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          Existing law:


          1)Authorizes the CLRC to study topics approved by concurrent  
            resolution of the Legislature.  


          2)Prohibits an employee or member of the CLRC, with respect to  
            any proposed legislation concerning matters assigned to the  
            Commission for study, to 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.  


          3)Establishes CPRA.


          4)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.  


          This resolution:


          1)Reauthorizes the CLRC's study of 23 specified topics.


          2)Authorizes additionally the CLRC to study, report on, and  
            prepare recommended legislation as soon as possible,  
            considering the CLRC's preexisting duties and workload  
            demands, concerning the revision of the portions of the CPRA  
            and related provisions, and specifies that this legislation  
            shall accomplish all of the following objectives:


                 Reduce the length and complexity of current sections;








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                 Avoid unnecessary cross-references;

                 Neither expand nor contract the scope of existing  
               exemptions to the general rule that records are open to the  
               public pursuant to the current provisions of the Public  
               Records Act;

                 Use terms with common definitions;

                 Organize the existing provisions in such a way that  
               similar provisions are located in close proximity to one  
               another;

                 Eliminate duplicative provisions; and

                 Clearly express legislative intent without any change in  
               the substantive provisions.


          1)Requires 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.


          2)Provides 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 do not advocate for the  
            passage or defeat of the legislation. 


          3)Requests further 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.








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          Background


          The CLRC 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.  


          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.  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 resolution, sponsored by the CLRC, continues the  
          authorization of the CLRC's studies on whether specified laws  
          should be revised or enacted.  This resolution also continues  
          the direction to the CLRC to provide a detailed description of  
          any new study to the Chairs and Vice Chairs of the Assembly and  
          Senate Judiciary Committees and any legislative policy  
          committees that have jurisdiction over the subject matter of the  
          study, as well as continue to provide guidance relating to the  
          distribution of CLRC reports and the appearance of CLRC staff as  
          witnesses at committee hearings.  This resolution also requests  
          the CLRC to 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.


          Comments








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          The author writes:


            Once the California Law Revision Commission 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. Due to the multiple changes to the statute,  
            the California Public Record Act has become difficult for the  
            public to understand. ACR 148 will authorize the CLRC to  
            conduct the study on the California Public Records Act.


            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. Due to the multiple changes to the  
            statute, the CPRA has become difficult for the public to  
            understand.


          Prior Legislation


          SCR 54 (Padilla, Chapter 115, Statutes of 2013) authorized the  
          CLRC report on and prepare recommended legislation concerning  
          statutes governing access by state and local government agencies  
          to customer information from communications service providers.


          AB 567 (Wagner, Chapter 15, Statutes of 2013) repealed the  
          requirement that the CLRC make the decennial recommendations,  
          and retained the CLRC's general authority to study, review, and  
          make recommendations regarding the enforcement of judgments law.


          ACR 125 (Papan, Chapter 167, Statutes of 2002) authorized the  
          CLRC to study, report on, and prepare recommended legislation  
          concerning the issue of financial privacy to address protection  
          and control of a consumer's personal information and provide  
          both administrative and civil penalties.








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


          SCR 83 (Monning, Chapter 63, Statutes of 2014)
          ACR 98 (Wagner, Resolution Chapter 108, Statutes of 2012) 
          ACR 49 (Evans, Resolution Chapter 98, Statutes of 2009) 
          ACR 35 (Evans, Resolution Chapter 100, Statutes of 2007)
          SCR 15 (Morrow, Resolution Chapter 1, Statutes of 2006)
          SCR 42 (Campbell, Resolution Chapter 122, Statutes of 2005)
          SCR 4 (Morrow, Resolution Chapter 92, Statutes of 2003)
          ACR 123 (Wayne, Resolution Chapter 166, Statutes of 2002)
          SCR 13 (Morrow, Resolution Chapter 78, Statutes of 2001)
          ACR 17 (Wayne, Resolution Chapter 81, Statutes of 1999)
          SCR 65 (Kopp, Resolution Chapter 91, Statutes of 1998)
          SCR 3 (Kopp, Resolution Chapter 102, Statutes of 1997)
          SCR 43 (Kopp, Resolution Chapter 38, Statutes of 1996)


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          SUPPORT:   (Verified8/3/16)



          California Law Revision Commission (source)



          OPPOSITION:   (Verified8/3/16)


          None received




           ASSEMBLY FLOOR:  78-0, 5/9/16








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           AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier,  
            Gallagher, Cristina Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,  
            Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,  
            Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,  
            Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Rendon
           NO VOTE RECORDED: Beth Gaines, Eduardo Garcia



          Prepared by:  Margie Estrada / JUD. / (916) 651-4113
          8/15/16 10:19:18


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