BILL ANALYSIS                                                                                                                                                                                                    Ó



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          CONCURRENCE IN SENATE AMENDMENTS


          ACR  
          148 (Chau)


          As Amended  May 26, 2016


          Majority vote


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          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  








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            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.)










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          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  








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          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









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          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,  








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          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