BILL ANALYSIS
AB 176
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Date of Hearing: March 17, 2009
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
AB 176 (Silva) - As Introduced: February 2, 2009
PROPOSED CONSENT
SUBJECT : CALIFORNIA LAW REVISION COMMISSION
KEY ISSUE : SHOULD VARIOUS TECHNICAL CORRECTIONS TO OBSOLETE
REFERENCES BE MADE TO THE CODES AS RECOMMENDED BY THE CALIFORNIA
LAW REVISION COMMISSION?
SYNOPSIS
This non-controversial bill makes numerous technical changes in
the California codes that have been recommended by the
California Law Revision Commission. The changes propose
technical and minor substantive revisions to generalize and
modernize existing statutory references to audio or video
recording. Specifically, references to the use of "tape,"
"cassette," "audiotape," or "videotape" would be revised to
instead refer in a generic manner to any recording technology.
The revisions would thereby allow for use of existing digital
recording technology that does not make use of a tape, as well
as other recording technologies that may be developed in the
future.
FISCAL EFFECT : As currently in print this bill is keyed
non-fiscal.
SUMMARY : Makes technical changes to the codes by recommendation
of the California Law Review Commission. Specifically, this
bill modernizes existing statutory references to audio or video
recording and other non-substantive changes to obsolete
references that exist in various statutory provisions.
EXISTING LAW : Contains obsolete references to "audiotape" or
"videotape" in various provisions.
COMMENTS : The California Law Revision Commission is authorized
by Government Code Section 8298 to study and recommend revisions
correcting technical and minor substantive defects in California
statutes. This bill proposes the Commission's recommendations
AB 176
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which contain revisions to generalize and modernize existing
statutory references to audio or video recording.
The author notes that this bill revises references in various
statutory provisions to audio or video recording that use words
such as "tape," "cassette," "audiotape," or "videotape." Those
references are outdated, as modern recording technology does not
necessarily require storage on a "tape." Instead, many modern
recording devices digitally store information on a computer chip
or disk. The bill revises these statutory references by using
generic language that is not limited to any specific recording
medium, thereby including not only existing digital recording
media, but also any recording media that may be developed in the
future. Generally, the revisions involve replacing a reference
to "audio tape" or "videotape" with a reference to "audio
recording" or "video recording," or a similar substitution of
terms.
The revisions are consistent with two prior reforms: 1) a bill
enacted in 2002, revising numerous references to "audiotape and
"videotape" in the Civil Discovery Act, and 2) similar prior
revisions to a limited number of sections in the Civil Discovery
Act recommended by the Commission in 2004, and subsequently
enacted into law.
Prior Legislation : AB 2299 (Silva), from 2008, was identical to
this bill- proposing technical and minor substantive revisions
to generalize and modernize existing statutory references to
audio or video recording as recommended by CLRC. However, the
bill was one of many bills vetoed by the Governor last year,
without regard to its merit, because of his stated concerns
about insufficient time to review legislation due to the budget
crisis.
AB 310 (Silva), Chapter 263, Statutes of 2007, made
non-substantive changes to the codes by recommendation of CLRC.
The bill made various grammatical and other non-substantive
changes in order to correct technical defects that existed in
various statutory provisions.
REGISTERED SUPPORT / OPPOSITION :
Support
California Law Revision Commission (sponsor)
AB 176
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Opposition
None on file
Analysis Prepared by : Cindy Fischer / JUD. / (916) 319-2334