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September 26, 2013

Meeting Notice

 

California Commission on Uniform State Laws
State Capitol, Room 3021
Sacramento, California 95814
916/341-8005
916/341-8020 facsimile


Meeting of the California Commission on Uniform State Laws


Date: September 26, 2013
Time: 10:00 a.m. – 3:00 p.m.

Locations: Office of Legislative Counsel
Bion M. Gregory Conference Room
925 L Street, Lower Level
Sacramento, California 95814


Final Agenda

1. Approval of Minutes – October 23, 2012 meeting and July 7, 2013 meeting
2. Election of officers
3. Update on legislative program for first-half of the 2013-2014 Legislative Session
4. Discussion regarding the Uniform Law Commission’s setting of annual dues
5. Public relations – how to handle media contacts
6. Commission/Legislature Relations
7. 2017 Annual Meeting – possibly in California
8. Possible legislative program for the second half of the 2013-2014 Legislative Session

a. Uniform Powers of Appointment Act
b. Uniform Act on Prevention of and Remedies for Human Trafficking
c. Real Property Electronic Recording Act
d. Collaborative Law Act
e. Trust Code
f. Uniform Deployed Parents Custody and Visitation Act
g. Uniform Manufactured Housing Act
h. Uniform Electronic Recordation of Custodial Interrogations

9. Update on Revised Uniform Enforcement of Foreign Judgments Act
10.Other administrative matters

Additional Information: Contact Sharon Brumley, Administrative Assistant, at (916) 341-8101. Agenda items may be deleted, or the meeting may be rescheduled, on short notice. If you plan to attend the meeting, please leave contact information with Ms. Brumley and you will be notified of late changes.

 

 

 

 

 

 

Minutes

 

Meeting of the California Commission on Uniform State Laws

September 26, 2013 10:00 a.m. – 3:00 p.m.

 

 

Meeting Location:

Office of Legislative Counsel

Bion M. Gregory Conference Room

925 L Street, Lower Level

Sacramento, California 95814

 

Attendees: Pamela Bertani; Diane Boyer-Vine; Marty Carr; Dave Clark; Bob Cornell; Elihu Harris; Dan Robbins; Byron Sher; Nat Sterling; Sheila Dey, Western Manufactured Housing Association; Catherine Borg, Western Manufactured Housing Association; Gene Erbin, Nielsen, Merksamer, Parrinello, Mueller & Naylor LLP; Melissa Apuya, Senator Yee’s Office; Sharon Brumley, note taker.

 

Chairman Nat Sterling called the meeting to order at 10:15 a.m. He read the roll call of the California Commission and determined that a quorum was present.

 

Introductions:

The Commissioners introduced themselves. Diane Boyer-Vine introduced her assistant, Sharon Brumley, who would be the note taker for the meeting.

 

Agenda Item 1 - Approval of Minutes:

 

July 2013 meeting – A motion was made by Dave Clark and seconded to approve the July 2013 minutes. The minutes were adopted.

October 2012 meeting– A motion was made by Dave Clark and seconded to approve the October 2012 minutes. The minutes were adopted.

 

Agenda item 2 - Election of Officers:

Nat Sterling presented a short explanation of the history of the chairmanship and vice chairmanship. He stated that the Commission has one statutory officer who is the chair. The Commission started electing a vice chair as a practical officer to be available if the chair is not. He stated that the term for the chair is two years. Historically the practice has been to rotate the chair by seniority.

 

Diane Boyer-Vine stated that Dan Robbins is the current Vice Chair and is the logical person to fill the chair’s position and Dave Clark would be the person in line for the vice chair’s position.

Marty Carr nominated Dan Robbins for Chair and it was approved by a unanimous vote of the Commissioners.

Diane Boyer-Vine nominated Dave Clark for Vice Chair and it was approved by a unanimous vote of the Commissioners.

 

Agenda Item 3 – Update on legislation pending in 2013 – AB 502, SB 6

Diane Boyer-Vine was asked to update the status of pending legislation for 2013. Diane reported that SB 6 was enacted into law as an emergency issue. She stated that Gene Erbin was working with the Screen Actors Guild on this bill. Steve Weise, an attorney in Los Angeles who is an expert in UCC Article 9, monitored the bill to ensure uniformity. We started out with a much grander plan but it ended up just being another extension of the sunset date and it was enacted into law as an urgency measure. There are still negotiations going on with the Screen Actors Guild, and Steve will be involved in those discussions. Dan Robbins thinks everything is going to be resolved.

AB 502 was authored by Assembly Member Wagner. He chose to go with the banker’s alternative. The Assembly Judiciary Committee was concerned about the impact of the driver’s license issue on undocumented workers. Dave Clark stated that the bill went through Appropriations in both houses. The Commissioners discussed the impact of AB 60, which pertained to driver’s licenses.

Diane Boyer-Vine stated that there were a lot of technical problems with this bill based upon the way in which the uniform act was drafted. Diane will take some of the issues up with the Style Committee.

 

Agenda item 4 – Discussion regarding ULC’s setting of annual dues.

Nat Sterling stated that we have been concerned with California’s portion of the dues which have been increased while other states are behind in dues. Nat asked for Diane Boyer-Vine’s report on the matter of other states that are in arrears. Diane spoke with Charlie Trost, the ULC’s treasurer, and gave an extensive report on the status of the dues payments owed by the individual states and which states were current and which were not. The ULC gave a two percent increase to the states that were caught up on dues and a five percent increase to states that were not caught up hoping to discourage late payments. Nat pointed out that the dues are based on population and, therefore, California and New York would pay higher dues.

Nat pointed out that California is responsible for paying the dues to the ULC and expenses incurred by Commissioners at the annual meeting of the ULC and the annual meeting of the CCUSL. California is also responsible for travel and living reimbursements for Commissioners who travel to Sacramento to work on a bill that would enact a uniform act.

Diane stated that the ULC dues have been paid in the amount of $154,500 for the 2013-14 fiscal year.

 

Agenda item 5 – Public relations – how to handle media contacts.

Diane Boyer-Vine opened the discussion regarding the need for one member of the Commission to be the contact for the media in order to better oversee what information is provided. She suggested that the Chair would be the best person for this job and that this should be a new CCUSL practice to be incorporated into the manual of procedures. Nat Sterling asked Diane to draft the language for the manual and circulate it to the Commissioners for their approval.

 

Agenda item 6 - Legislature relations – ways to improve.

Elihu Harris expressed concerns with the participation of the members of the Commission who are legislators. An extensive discussion followed. Byron Sher stated that in the past the Chair of the Judiciary Committee was appointed to the Commission.

Pam Bertani felt that it is really important to find members who are really interested in being a member of the Commission, and to relate that information to the person who is making the appointments.

Diane Boyer-Vine stated that both Marty Carr and she have spoken with members about Commission business. Diane further stated that regardless of participation the most important thing is that the bills get enacted and the commission is funded.

Nat Sterling thought that the Commission should try to identify people who are interested in being a Commissioner and then let the leadership know about it. After the appointments are made, we should make a visit to the appointee to let them know what is expected and also make them feel welcome.

 

Agenda item 7 – 2017 Annual Meeting – possibly in California.

Nat Sterling stated that Rich Cassidy approached him and asked about having the annual meeting in California in 2017. Nat also stated that one problem would be the fundraising that would be required in order for California to host the meeting. There was an extensive discussion regarding the fundraising issue. Nat asked if there was someone who would be interested in organizing the fundraising events. Dave Clark volunteered to be the organizer for the fundraising.

Diane Boyer-Vine reminded the Commissioners that they would only be reimbursed the state rate of $150.00 per night for the hotel if the annual meeting is held in California.

Nat asked for a vote of the Commissioners on whether to have the meeting in California. The vote was unanimously in favor of hosting the 2017 annual meeting in California. A conversation followed regarding what city would be the best location for the meeting. San Diego and San Francisco were the choices to be considered.

 

Agenda Item 8 – Potential legislation for 2014.

 

  • Uniform Manufactured Housing Act– Diane Boyer-Vine explained that she reached out to all of the folks that would be interested in this issue by either telephone or email.

Dave Clark read the memo from the Manufactured Housing Act Drafting Committee outlining the purpose of the Act.

There was an extensive discussion regarding this Act. Three people, other than Commissioners, spoke regarding this act:

Gene Erbin representing California Manufactured Housing Institute, Catherine Borg, Western Manufactured Housing Association, Sheila Dey, Executive Director of the Western Manufactured Housing Association. These people were opposed to the adoption of this act.

Diane Boyer-Vine made a motion to not adopt this act and the motion was seconded by Marty Carr. The motion was unanimously carried.

 

  • Human Trafficking Act. – Marty Carr gave an overview of the act stating that a task force, safe harbor for minors, and the ability to vacate a conviction for a minor who is a victim of human trafficking were the main points of the act.

Marty Carr further stated that Senator Steinberg authored a bill that dealt with licensing issues. Senator Yee’s bill, SB 738, addresses the safe harbor issue, and would create a task force among state agencies. These bills have not been influenced by the act.

Melissa Apuya from Senator Yee’s office addressed the Commission and stated that Senator Yee’s office has been involved with the human trafficking issue for four years. She further stated that California has taken 105 girls off the streets, which then creates the problem of housing. The members involved in the task force should look at a diversion program. SB 738 has passed the Senate and is in the Assembly Human Services Committee.

Byron Sher asked what will be the issue for the Commission.

Marty Carr stated how we should define the issue. We should make a motion to support Senator Yee’s bill and also ask Terry Morrow to work with California legislators, Senator Steinberg and Senator Yee.

The California Commission decided to support Terry Morrow in working with Senator Yee and other members interested in human trafficking.

 

  • Powers of AppointmentAct - Dave Clark was on the drafting committee for this act.

Nat Sterling stated that this act is well drafted and clarifies power of appointment statutes. Nat feels that we need to hear from the people that use it before we decide on this Act.

Pam Bertani stated as commissioners we want to make sure our views are considered. Diane Boyer-Vine agreed and stated further that it was the commissioners’ obligation to see that our views are considered.

Byron Sher and Pam Bertani asked if we know how this compares to existing law and, if there has not been a comparison to existing law, one should be done.

Dave Clark pointed out some of the differences.

Dan Robbins mentioned digital issues.

After extensive discussion, it was decided that we would seek an author if we had a positive response from the California State Bar.

 

  • Real Property Electronic Recording Act – Los Angeles and Alameda County District Attorneys are opposed to this act.

Marty Carr stated some of the concerns with this act.

Nat Sterling stated that we should schedule further discussion for next year, which would give us time to hear from the District Attorneys groups.

Diane Boyer-Vine pointed out that this is an older act.

 

  • Collaborative Law Act– Byron Sher stated there are two issues of concern: (1) when collaboration fails, the client has to get another lawyer; and (2) the act creates a privilege for communication.

After extensive general discussion, Nat Sterling asked for a motion.

Bob Cornell asked if there was an organization pushing for the act. It was suggested that this act be put on the agenda for next year.

 

  • Trust Code- Nat Sterling stated that the Uniform Trust Code is very similar to California state law.

Diane Boyer-Vine asked if the Commission could ask the California Law Revision Commission to look at the Trust Code, or let the State Bar make their recommendation.

Nat Sterling suggested drafting a letter to the California Law Revision Commission.

 

  • Uniform Deployed Parents Custody and Visitation- Diane Boyer-Vine presented an overview of the act. This act relates to temporary custody of children whose parents are deployed. She pointed out that there are different definitions from California law of certain terms such as “military”, “custody”, “custodial responsibility”.

Elihu Harris asked if the Department of Defense had an opinion about the act. Diane Boyer-Vine stated that the Department of Defense was involved in the drafting. She also stated that this is not a target act.

Nat Sterling stated he assumes that we will go forward with this act. Diane Boyer-Vine agreed to look for an author.

 

  • Uniform Electronic Recordation of Custodial Interrogations – Diane Boyer-Vine gave an overview of this act. She also stated that there is no interest in pursuing this act this year. The act should be put on the agenda for next year.

 

Agenda Item 9 – Update on Revised Uniform Enforcement of Foreign Judgments Act.

Dan Robbins presented the history of this act which is currently on hold.

Nat Sterling asked if there were any other matters to be discussed before adjournment. Dan Robbins stated he would contact Rich Cassidy to get a commitment on a target number for the 2017 annual meeting.

There being no further business to discuss Nat Sterling called for adjournment of the meeting at 2:30 p.m.

 

 

Respectfully submitted

Sharon Brumley

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