BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1316|
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UNFINISHED BUSINESS
Bill No: SB 1316
Author: Senate Judiciary Committee
Amended: 8/19/02
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-1, 4/23/02
AYES: Escutia, Ackerman, Kuehl, Peace, Sher
NOES: Haynes
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 38-0, 5/23/02
AYES: Ackerman, Alarcon, Alpert, Battin, Bowen, Brulte,
Burton, Chesbro, Costa, Dunn, Escutia, Figueroa, Haynes,
Johannessen, Johnson, Karnette, Knight, Kuehl, Machado,
Margett, McClintock, McPherson, Morrow, Murray,
O'Connell, Oller, Ortiz, Peace, Perata, Polanco,
Poochigian, Romero, Scott, Sher, Soto, Speier, Torlakson,
Vasconcellos
ASSEMBLY FLOOR : 76-0, 8/21/02 - See last page for vote
SUBJECT : Trial court restructuring: statutes made
obsolete
SOURCE : California Law Revision Commission
DIGEST : This bill amends or deletes statutes made
obsolete by trial court restructuring and makes related
changes.
CONTINUED
SB 1316
Page
2
Assembly Amendments made technical/clarifying changes.
ANALYSIS : Existing law, Title 8 of the Government Code,
governs the organization and structure of the courts of the
state. Title 8 affects other provisions in the Code of
Civil Procedure, the Penal Code, and other Government Code
sections.
This bill would delete provisions made obsolete by the
trial court reform bills enacted in 1996, 1998 and 2000 and
amend others in order to conform them to changes made by
the reform bills. The bill also would place on the ballot,
for voter approval, various constitutional revisions
necessary to conform the constitution to the legislative
changes made by the trial court reform bills.
The bill provides that any other bill enacted in the 2002
session that takes effect on or before January 1, 2003,
that affects any section affected by this bill, except AB
3034, will prevail over changes made by this bill.
The trial court system of the state underwent monumental
restructuring in the 1990's, beginning with the
Lockyer-Isenberg Trial Court Funding Act of 1997, when the
state assumed full responsibility for trial court funding.
This was followed by the Trial Court Unification Act, which
unified the justice courts, municipal courts, and superior
courts, and the Trial Court Employment Protection and
Governance Act (TCEPGA), which transferred control of trial
court employment to the courts. The Legislature has
steadily moved towards completion of the courts'
restructuring in order to improve achieve a better judicial
system.
In enacting TCEPGA, the last of the three major trial court
reform bills, the Legislature also directed the California
Law Revision Commission (CLRC) to study the statutes
affected by the two previous acts and to make
recommendations to the Legislature on repealing statutes
made obsolete by the trial court reforms.
The tentative recommendations of the CLRC were published in
November 2001, and have been out for public comment since
then. This bill contains revisions proposed by the CLRC to
SB 1316
Page
3
date, but does not include many more statutes affected by
the court reform bills because those statutes are "not ripe
for amendment or repeal" for various reasons. The
recommendations in SB 1316 include not only statutory
revisions that would become effective on January 1, 2003,
but also proposals for constitutional revisions resulting
from the court reform acts that would become effective only
after voter approval.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/21/02)
California Law Revision Commission (source)
ASSEMBLY FLOOR :
AYES: Aanestad, Alquist, Aroner, Ashburn, Bates, Bogh,
Briggs, Calderon, Bill Campbell, John Campbell,
Canciamilla, Cardenas, Cedillo, Chan, Chavez, Chu,
Cogdill, Cohn, Corbett, Cox, Daucher, Diaz, Dickerson,
Dutra, Firebaugh, Florez, Goldberg, Harman, Havice,
Hertzberg, Hollingsworth, Horton, Jackson, Keeley, Kehoe,
Kelley, Koretz, La Suer, Leach, Leonard, Leslie, Liu,
Longville, Lowenthal, Maddox, Maldonado, Matthews,
Migden, Mountjoy, Nakano, Nation, Negrete McLeod,
Oropeza, Robert Pacheco, Papan, Pavley, Pescetti, Reyes,
Richman, Runner, Salinas, Shelley, Simitian, Steinberg,
Strickland, Strom-Martin, Thomson, Vargas, Washington,
Wayne, Wiggins, Wright, Wyland, Wyman, Zettel, Wesson
RJG:jk 8/22/02 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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