BILL ANALYSIS
SENATE JUDICIARY COMMITTEE
Martha M. Escutia, Chair
2001-2002 Regular Session
SCR 13 S
Senator Morrow C
As Introduced R
Hearing Date: March 27, 2001
Resolution 1
GWW:cjt 3
SUBJECT
California Law Revision Commission: Authorization of Study
Topics
DESCRIPTION
This resolution would authorize the California Law Revision
Commission
("CLRC" or Commission) to continue its study of 19
selected topics, deleting one topic from the list
previously approved by the Legislature, and adding one new
study topic recommended by the Commission.
The new study would concern "whether the Subdivision Map
Act and the Mitigation Fee Act should be revised to improve
their organization, resolve inconsistencies, fill gaps,
clarify and rationalize provisions, codify accepted
practices and procedures, and related matters."
BACKGROUND
ACR 17 is the annual concurrent resolution which authorizes
the Commission's study of selected topics. The Commission
was created in 1953 and was given the responsibility to
substantively review California's statutory and case law.
The principle duties of the Commission are to: 1) examine
the common law and statutes for the purpose of discovering
defects and anachronisms; 2) receive and consider
suggestions and proposed changes in the law from the
American Law Institute, the National Conference of
Commissioners on Uniform State Laws, bar associations,
(more)
SCR 13 (Morrow)
Page 2
other learned bodies, and from judges, public officials,
lawyers and the public generally; and 3) recommend such
changes in the law as it deems necessary to bring
California law into harmony with modern conditions.
(Government Code Sections 8280 to 8298.)
The Commission may only study matters referred to it by
concurrent resolution of the Legislature.
CHANGES TO EXISTING LAW
Existing law authorizes the Commission to study 19
specified topics.
This resolution would reauthorize the study of 19 topics
(see below), delete one topic (environmental quality law),
and additionally authorize the CLRC study of the
Subdivision Map Act and the Mitigation Fee Act.
COMMENT
1. Authorization to continue studies, as modified
SCR 13 would authorize the Commission to continue its
study of the 19 following topics. Where underlined, the
topical subject matter is being expanded at the
Commission's recommendation.
1. Creditor's Remedies
2. The Probate Code, and related matters
3. Real and Personal Property
4. Family Law (including, but not limited to,
community property)
5. Offers of Compromise
6. Discovery in Civil Cases
7. Special Assessment for Public Improvements
8. Rights and Disabilities of Minor and Incompetent
Persons
9. The Evidence Code
10. Arbitration, Mediation, and other Alternative
Dispute Resolution
Mechanisms
11. Administrative Law
12. Attorneys' Fees in Litigation
13. Adoption of a Uniform Unincorporated Nonprofit
SCR 13 (Morrow)
Page 3
Association Act
14. Trial Court Unification
15. Contract Law pertaining to electronic
communications and its
effect on contract formation and related
matters
16. Common Interest Housing Developments
17. Statute of Limitations for Medical Malpractice
actions
18. Public Records Disclosure and protection of
privacy
19. Criminal Sentencing
For their Probate Code study, the Commission felt that
its authority was too limited as some estate planning and
probate issues fall under other codes such as the Civil
Code or Family Code. Thus, their authorization is being
amended to allow their study of the Probate Code and
other matters.
Similarly, for their study on Arbitration, the Commission
felt that its topical study was too narrow since modern
alternative dispute techniques include other procedures
such as mediation. Thus, CLRC's authorization is being
broadened to also cover mediation and other dispute
resolution techniques.
2. Addition of new topic: Subdivision Map Act and Mitigation
Fee Act
According to Commission staff, this study is being
requested by one of the Commission members.
As justification, the 2000-2001 Annual Report of the
Commission states that "[t]here is a need to redraft and
reorganize these complex provisions, and to resolve
inconsistencies, fill gaps, and rationalize the
provisions, in order to make them easier to work with.
In addition, practices and procedures have developed
under these statutes that are not reflected in the
statutory text; existing practices and procedures should
be codified so that they are clear and have a statutory
basis."
Any proposed change to the Subdivision Map Act or the
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Page 4
Mitigation Fee Act would come under the jurisdiction of
the Local Government Committee. In checking with that
committee's chief consultant, he believes that a survey
of those Acts by the CLRC would be appropriate. He also
noted that the Subdivision Map Act has not been
extensively reviewed since the 1970's.
3. Deletion of "Environmental Quality and Natural Resources"
as a study topic
According to the CLRC, after extensive inquiry into the
question, the Commission has concluded that it would be
inadvisable to attempt a statutory reorganization as
requested by the authorization.
Support: None Known
Opposition: None Known
HISTORY
Source: California Law Revision Commission
Related Pending Legislation: None Known
Prior Legislation: SCR 43 (Kopp), Res. Ch. 38, Stats. of
1996
SCR 3 (Kopp), Res. Ch. 102, Stats. of
1997
SCR 65 (Kopp), Res. Ch. 91, Stats. of
1998
ACR 17 (Wayne), Res. Ch. 81, Stats. of 1999
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