BILL ANALYSIS
SCR 13
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Date of Hearing: June 19, 2001
ASSEMBLY COMMITTEE ON JUDICIARY
Darrell Steinberg, Chair
SCR 13 (Morrow) - As Amended: April 3, 2001
SENATE VOTE : 40-0
SUBJECT : CALIFORNIA LAW REVISION COMMISSION: ANNUAL STUDY
AUTHORIZATION
KEY ISSUE : SHOULD THE CALIFORNIA LAW REVISION COMMISSION BE
PERMITTED TO CONTINUE ITS STUDY OF SELECTED TOPICS?
SYNOPSIS
This annual concurrent resolution authorizes the California Law
Revision Commission to continue its study of previously approved
topics, deleting one topic on environmental quality and natural
resources, and adding one topic regarding the Subdivision Map
and the Mitigation Fee Acts.
SUMMARY : Authorizes the California Law Revision Commission
(the Commission) to continue its study of selected topics,
deleting one topic from the list previously approved by the
Legislature, and adding one new study topic recommended by the
Commission.
EXISTING LAW : Authorizes the Commission to study topics
approved by concurrent resolution of the Legislature.
(Government Code section 8293.)
FISCAL EFFECT : As currently in print this bill is keyed
fiscal.
COMMENTS : SCR 13 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 Commission seeks to discover deficiencies in existing law
and makes related recommendations to the Legislature for needed
reforms. The Commission may only study matters referred to it
by concurrent resolution of the Legislature.
SCR 13 authorizes the Commission to continue its study of the
SCR 13
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following 19 topics: 1) Creditor's Remedies; 2) Probate Code;
3) Real and Personal Property; 4) Family Law; 5) Offers of
Compromise; 6) Discovery in Civil Cases; 7) Special Assessments
for Public Improvements; 8) Rights and Disabilities of Minors
and Incompetent Persons; 9) Evidence Code; 10) Arbitration; 11)
Administrative Law; 12) Attorneys' Fees; 13) Adoption of a
Uniform Unincorporated Nonprofit Association Act; 14) Trial
Court Unification; 15) Contract Law; 16) Common Interest Housing
Developments; 17) Statutes of Limitation for Legal Malpractice
Actions; 18) Disclosure of Public Records; and, 19)
Nonsubstantive Reorganization of Law Governing Criminal
Sentencing.
The Commission also recommends expansion of two of the above
mentioned topics.
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 related 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, the Commission's authorization is being broadened to also
cover mediation and other dispute resolution techniques.
This concurrent resolution also deletes one topic about which
the Commission contemplates no further action. This topic
concerns environmental quality and natural resources. According
to the Commission, after extensive inquiry into the question, it
has concluded that it would be inadvisable to attempt a
statutory reorganization as requested by the authorization.
SCR 13 also adds one new topic to the Commission's calendar of
study regarding the Subdivision Map and Mitigation Fee Acts.
This topic would review whether these Acts should be revised.
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
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that they are clear and have a statutory basis."
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
REGISTERED SUPPORT / OPPOSITION :
Support
California Law Revision Commission
Opposition
None on file
Analysis Prepared by : Cindy Fischer / JUD. / (916) 319-2334