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: | October 5, 2011 | |
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Time: |
10:30 a.m. – 2:30 p.m. |
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Location: |
Office of Legislative Counsel |
Final Agenda
1. Introductions
2. Approval of Minutes - July 11, 2011 meeting
3. Funding of CCUSL for 2012/13 fiscal year and annual dues for 2011/12 and 2012/13 fiscal years
4. Update – legislative program for the first half of the 2011-2012 Legislative Session
5. Legislative program for the second half of the 2011-2012 Legislative Session
• Repeal of UCC 6
• UCC 9
• Uniform Debt-Management Services Act
• Uniform Military and Overseas Voters Act
• Uniform Electronic Legal Materials Act
6. Selection of Chair
7. Selection of Vice-Chair
8. Legislative Liaison
9. Other administrative matters
Minutes
Meeting of the California Commission on Uniform State Laws
October 5, 2011 10:30 a.m. – 2:30 p.m.
Attendees: Pamela Bertani; Diane Boyer-Vine; Marty Carr, Dave Clark; Bob Cornell, John Cruz; Dan Robbins; Byron Sher; Nat Sterling; Seyron Foo, Legislative Aide to Senator Corbett; Bob Barnes, State Bar of California, UCC Committee of the Business Section; Saul Bercovitch, State Bar of California; Harry C. Sigman, State Bar of California, UCC Committee of the Business Law Section; William Moddelmog, Principal Deputy Legislative Counsel; Joyce Wallach, Deputy Legislative Counsel; Amy Haydt, Deputy Legislative Counsel; Susan Ballew, note taker.
Diane Boyer-Vine called the meeting to order at 10:30 a.m.
1. Introductions
Commissioners introduced themselves.
The Chair determined that a quorum was present.
2. Approval of Minutes – July 11, 2011 meeting
A motion was made to approve the July 11, 2011 meeting minutes. The motion passed.
3. Funding of CCUSL for 2012/13 fiscal year and annual dues for 2011/12 and 2012/13 fiscal years
Diane Boyer-Vine reported that California’s dues for the 2012/13 fiscal year will be $151,500; dues for the 2011/12 fiscal year were $150,000; and dues for the 2010/11 fiscal year were $148,600. Diane told the Commissioners that payment of 2012/13 dues will be discussed again at the 2012 ULC annual meeting or after California has a budget enacted.
There was discussion about improving the visibility of the California Commission with the California Legislature through outreach and education. Diane Boyer-Vine explained that she does include information about the California Commission when she meets with new legislative Members and gives staff a CCUSL brochure. Commissioners were encouraged to continue promoting the California Commission and talking about its purpose and function.
4. Update – legislative program for the first half of the 2011-2012 Legislative Session
Diane Boyer-Vine reported that the California Revised Uniform Limited Liability Company Act is still in the Senate Judiciary Committee.
5. Legislative program for the second half of the 2011-2012 Legislative Session
• Repeal of Uniform Commercial Code, Article 6
Diane Boyer-Vine reported that Saul Bercovitch brought to the attention of the California Commission that California was one of the few states that had not repealed UCC 6 and recommended repealing UCC 6. Bob Barnes and Harry Sigman gave the history of UCC 6 and explained the general scope of the problem with the article. There was discussion about which organizations might oppose repeal. Mr. Barnes and Mr. Sigman told the Commissioners that the California State Bar Business Law Section will support repealing UCC 6. They also told the Commissioners that they will provide expertise, help prepare background information required by the policy committees, and testify at committee hearings.
The California Commission decided to move forward with the recommendation to repeal UCC 6. Diane Boyer-Vine will speak with consultants in the Senate and Assembly Judiciary Committees about the viability of introducing a bill. Diane will also ask the consultants about the possibility of double-referral. Dan Robbins volunteered to coordinate the California Commission’s efforts to pass the bill if the Commission decides to introduce it. Dan will also check with the Uniform Law Commission to find out if they have any data on the cost of enforcing California’s UCC 6.
• Uniform Commercial Code, Article 9
Diane Boyer-Vine told the California Commissioners that the discussion about UCC 9 would focus on Alternatives A and B of Section 9503. She pointed out that, depending on which alternative is chosen, there are significant consequences and significant opposition. Harry Sigman explained the background on UCC 9 and described key points of both alternatives.
There was discussion about combining UCC 6 and UCC 9 into a single bill. William Moddelmog explained the “single-subject” rule when introducing bills and possible violation of that rule if UCC 6 and UCC 9 were combined. Byron Sher recommended separating UCC 6 and UCC 9 because UCC 9 is more controversial. The Commissioners decided to not combine the two articles into one bill.
After further discussion, the California Commissioners decided to move forward with UCC 9 by incorporating Alternative B (ULC version without “light touch”) into the draft bill and talk to bankers about their opposition to Alternative B. Dave Clark and John Cruz will coordinate moving the bill through the legislative process. Harry Sigman will talk to Steve Weiss about the Screen Actors Guild’s problem with UCC 9 issues.
• Uniform Debt-Management Services Act
Diane Boyer-Vine reported that the California Commission would not be pursuing introduction of this uniform act.
• Uniform Military and Overseas Voters Act
Diane Boyer-Vine reported that representatives from the U.S. Department of Defense contacted her about introducing this uniform act in California. Diane, Marty Carr, and Amy Haydt met to discuss the act’s application in California. Diane had a conversation with a representative of the California Secretary of State’s Office to determine any issues the office may have with the act. The Department of Defense also met with clerks from local jurisdictions in California to discuss their concerns. Diane pointed out that this is a controversial act. The Department of Defense is actively promoting introduction of this act in California because of the large number of military bases.
Amy Haydt explained potential problems with the uniform act: extending voting rights to people who are potentially not legal voters; California’s residency requirement; extending voting rights to people born outside of California but whose parents were at one time California residents; children born on military bases; write-in votes; “uncounting” votes in California; prior knowledge of the outcome of an election; timing issue because the Secretary of State will have a limited amount time to distribute voter information for special elections.
Marty Carr volunteered to work the bill through the legislative process. John Cruz volunteered to help find an author.
• Uniform Electronic Legal Materials Act
Diane Boyer-Vine reported that she was very familiar with this uniform act because she has served on the Uniform Law Conference’s Study Committee, Drafting Committee, and Enactment Committee. The draft of the uniform act was sent to Dan Pone at the California Judicial Council because the act impacts courts.
Diane Boyer-Vine recommended that the uniform act be enacted as it relates to statutes and the Constitution. She recommended making the Legislative Counsel the official publisher for online legislative materials in California. Diane also recommended that the operative date be delayed to allow enough time for determination of methods for authentication and preservation.
After discussion about on-line and paper versions of legal materials and who has control of the on-line versions of legislative materials, it was decided the California Commission would pursue introducing the bill. Nat Sterling volunteered to help move the bill through the legislative process.
6. Selection of Chair
7. Selection of Vice-Chair
Diane Boyer-Vine explained that historically the Chair and Vice-Chair are selected based on seniority. Given that, Nat Sterling is the next Chair and Dan Robbins is the Vice-Chair. A motion was made to elect this slate. The motion passed.
8. Legislative Liaison
After discussion about the duties of the legislative liaison, the California Commission agreed that Diane Boyer-Vine should continue as California’s Legislative Liaison.
9. Other administrative matters
Diane Boyer-Vine told the Commissioners that the California Fair Political Practices Commission is reviewing the exempt status of the California Commission with respect to adopting and promulgating a conflict of interest code. Diane will meet with representatives of the FPPC on October 26 to discuss this issue and then report back to the California Commissioners. If the California Commission is required to write a conflict of interest code, Diane Boyer-Vine, Nat Sterling, and Dan Robbins will do so.
Bob Cornell asked that the California Commission reinstate the procedure whereby Commissioners are assigned a uniform act that will be up for final reading at the Uniform Law Commission annual meeting. The Commissioner will study the act, present a summary of the act for all Commissioners prior to the annual meeting, and be present on the floor when the act is discussed at the annual meeting. Nat Sterling told the Commissioners that this procedure is still in place but not implemented. It is somewhat prohibitive because there is usually a short time between receipt of the final acts and the annual meeting. After discussion, Nat said that he would assign final acts to Commissioners. Diane Boyer-Vine and Marty Carr will ask Dean Johnson at UC Davis Law School if law students can help with the summaries.
The meeting was adjourned at 2:00 p.m.
Respectfully submitted,
Susan Ballew