BILL ANALYSIS Ó ACR 148 Page 1 CONCURRENCE IN SENATE AMENDMENTS ACR 148 (Chau) As Amended May 26, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |78-0 |(May 9, 2016) |SENATE: |38-0 |(August 15, | | | | | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: JUD. SUMMARY: Re-authorizes the California Law Revision Commission (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 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. 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 ACR 148 Page 2 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. The Senate amendments make technical and clarifying changes. EXISTING LAW: 1)Creates the California Law Revision Commission. (Government Code (GOV) 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. (GOV 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.) ACR 148 Page 3 4)Requires the CLRC to study any topic that the Legislature, by concurrent resolution or statute, refers to it for study. (GOV Section 8293.) 5)Establishes the CPRA. (GOV 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. (GOV Section 6253 et seq.) FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. 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 ACR 148 Page 4 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 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 ACR 148 Page 5 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, ACR 148 Page 6 it has been amended multiple times to exempt certain records. These exemptions include health care records, public safety officers' personnel files, and domestic violence survivors' personal information. 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. Analysis Prepared by: Eric Dang / JUD. / (916) 319-2334 FN: 0003739