BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | ACR 148| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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: ACR 148 Page 2 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; ACR 148 Page 3 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. ACR 148 Page 4 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 ACR 148 Page 5 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. ACR 148 Page 6 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 ACR 148 Page 7 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 **** END ****