BILL ANALYSIS
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|SENATE RULES COMMITTEE | SCR 13|
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THIRD READING
Bill No: SCR 13
Author: Morrow (R)
Amended: 4/3/01
Vote: 21
SENATE JUDICIARY COMMITTEE : 6-0, 3/27/01
AYES: Escutia, Haynes, Ackerman, Kuehl, Peace, Sher
SENATE APPROPRIATIONS COMMITTEE : 13-0, 5/31/01
AYES: Alpert, Battin, Bowen, Burton, Escutia, Johannessen,
Johnson, Karnette, McPherson, Murray, Perata, Poochigian,
Speier
SUBJECT : California Law Revision Commission:
authorization of study topics
SOURCE : Author
DIGEST : This resolution authorizes the California Law
Revision 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 and related matters."
ANALYSIS :
CONTINUED
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Background
ACR 17 is the annual concurrent resolution which authorizes
the Commission's study of selected topics. The California
Law Revision Commission (CLRC) was created in 1953 and was
given the responsibility to substantively review
California's statutory and case law. The principle duties
of the CLRC 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, 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.
The CLRC may only study matters referred to it by
concurrent resolution of the Legislature.
Existing law authorizes the Commission to study 19
specified topics.
This resolution reauthorizes 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.
Authorization to Continue Studies, as Modified
SCR 13 authorizes the CLRC to continue its study of the 19
following topics. Where underlined, the topical subject
matter is being expanded at the CLRC'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
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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
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 CLRC 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
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such as mediation. Thus, CLRC's authorization is being
broadened to also cover mediation and other dispute
resolution techniques.
According to CLRC staff, this study is being requested by
one of the CLRC members.
As justification, the 2000-2001 Annual Report of the CLRC
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
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.
FISCAL EFFECT : Fiscal Com.: Yes
Fiscal Impact (in thousands)
Major Provisions 2001-02 2002-03
2003-04 Fund
CLRC budget $675* --
-- General
*Included in the Governor's proposed budget and adopted in
the Senate version.
SUPPORT : (Verified 5/31/01)
California Law Revision Commission (source)
ARGUMENTS IN SUPPORT : According to the CLRC, after
extensive inquiry into the question, the Commission has
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concluded that it would be inadvisable to attempt a
statutory reorganization as requested by the authorization.
RJG:cm 5/31/01 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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