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 28, 2008
Time:10:00 a.m. – Noon
Location: Office of Legislative Counsel
925 L Street, 9th Floor Conference Room
Sacramento, California 95814
Final Agenda
1. Introductions
2. 2009-10 Budget and 2009 Annual Dues
3. Travel expenses
4. Update – legislative program for the second half of the 2007-2008 Legislative Session
5. Legislative program for the first half of the 2009-2010 Legislative Session
6. Other administrative matters
Minutes
Meeting of the California Commission on Uniform State Laws
October 28, 2008 10:00 a.m. – Noon
Attendees: Pamela Bertani; Diane Boyer-Vine; Dave Clark; Bob Cornell; Elihu Harris; Justin Houterman; Robert Jameson; Sandy Rae; Dan Robbins; Byron Sher; Nat Sterling; Susan Ballew, note taker; Russell Holder, Deputy Legislative Counsel; Kendra Nielsam, Deputy Legislative Counsel; Keely Jue, Accounting Administrator for Office of Legislative Counsel, Tim Zotovich, Accountant for Office of Legislative Counsel.
Diane Boyer-Vine called the meeting to order at 10:00 a.m.
1. Introductions
Commissioners introduced themselves and included personal information, as well as professional. Commissioners also told everyone how long they had served on the California Commission.
2. 2009-10 Budget and 2009 Annual Dues
Diane Boyer-Vine reported that the 2008/09 annual dues to the National Conference of Commissioners on Uniform State Laws had been paid in full. The 2008/09 dues were $144,200. The dues for 2009/2010 will be $148,600 and the dues for 2010/2011 will be $153,100.
Diane also reported that the 2008/2009 budget allocation for the California Commission ($148,000) reflected a 10% reduction to the amount originally requested.
Diane noted that, given California’s deficit, it would not be a good year to ask for an increase in the Commission’s 2009/2010 budget allocation. A motion was made to request $148,000 for the 2009/2010 fiscal year. The motion was second and passed.
3. Travel expenses
Diane Boyer-Vine introduced Keely Jue and Tim Zotovich and explained that the Office of Legislative Counsel provides administrative support for the California Commission, including support from the Accounting office when processing travel expense claims.
Diane emphasized that, since the California Commission is funded with taxpayer dollars, it is important that Commissioners always consider the best interests of the State when incurring travel expenses. She also pointed out that even though the National Conference encourages Commissioners to bring families to the annual meeting, the Commissioners must do so at their own expense.
Diane went over the following travel expense issues:
• Lodging expenses can be reimbursed only at the single room rate.
• When a Commissioner’s preferred method of travel may not be the least expensive method of travel, a cost comparison must be made by the Commissioner to determine the least expensive method of travel. Three comparisons must be made. For example, check with 3 airlines for the least expensive airfare. Tim Zotovich told the Commissioners that printouts of on-line airfare comparisons are acceptable.
• When completing the meals and incidentals form, enter the actual cost of the meals or incidentals not the maximum reimbursement allowed.
• Commissioners cannot be reimbursed for a meal if the cost of the meal is included in the registration fee.
• When renting cars, Tim told the Commissioners to try Enterprise first since the State has a contract with them.
• A draft form for estimated travel expenses was distributed. Diane asked Commissioners if they wanted to use the form for estimating expenses. It was agreed that CCUSL administration would calculate estimated travel expenses based on attendance at the annual meeting for the entire duration of the meeting and maximum allowable cost for meals and incidentals. At Byron Sher’s suggestion, the registration fee for the annual meeting will be added to the form.
• Commissioners were asked if they were comfortable with “pre-signing” the form as is the current practice. A proposed option was to allow Commissioners to print out the completed travel expense claim (as an Excel spreadsheet) and sign it after reviewing the claim. Many Commissioners indicated that they would like to try this. We will do so with the next travel expense claims.
4. Update – legislative program for the second half of the 2007-2008 Legislative Session
Diane Boyer-Vine thanked Sandy Rae and Nat Sterling for their work on Senate Bill No. 1329, Uniform Prudent Management of Institutional Funds Act. The bill was signed by the Governor and is Chapter 715 of the Statutes of 2008.
Diane also reported that she and Pamela Bertani participated in conference calls about Assembly Bill No. 926, relating to electronic discovery. The Governor ultimately vetoed the bill.
5. Legislative Program for the first half of the 2009-2010 Legislative Session
Diane Boyer-Vine reminded the Commissioners that it is always a challenge to find Commissioners willing to “run” a bill through the legislative process. She pointed out that, unless Commissioners were willing to assume this task, California cannot commit to introducing bills.
Elihu Harris asked if it was difficult to find authors for bills. Diane responded that it was and explained that one of her priorities is to find representatives from the Senate and Assembly to serve on the California Commission and carry proposed uniform acts. After the November election, Diane will review the Senate and Assembly rosters and look for Members who are attorneys. She will confer with Byron Sher, Elihu Harris, and Nat Sterling about possible appointees. Diane will be responsible for finding authors for introducing acts, but reminded Commissioners that she cannot directly work on bills beyond that.
The six acts recommended for possible inclusion as part of the 2009-10 legislative program were then discussed.
• Uniform Securities Act
Nat Sterling reported that Hastings Law School agreed to prepare a comparative analysis between current California law and the proposed uniform act. The law school determined that it was a bigger project than originally thought, and the analysis was never delivered. However, Nat did receive an oral report which concluded that it did not make sense to abandon the current scheme of securities regulation.
Diane Boyer-Vine reported that she spoke with Tim Lebas with the Department of Corporations. He told Diane that the Department of Corporations had not issued a final report on the uniform act, but the general consensus was that the department recommended staying with the current California law because it is more consumer-friendly.
Byron Sher stated that the National Conference is very anxious to have the uniform act adopted in California.
After discussion, it was decided that given the economic climate it was not a good time to introduce the uniform act in California. It was recommended that the California Commission try to find another law school willing to do a comparison between current California law and the uniform act.
• Uniform Emergency Volunteer Health Practitioners Act
Diane Boyer-Vine reported that she received a call from Commissioner Ray Pepe urging California to re-introduce the uniform act. After discussion, the California Commission decided to wait and see what other states do.
• Uniform Interstate Family Support Act
Diane Boyer-Vine distributed a memo from Robert Tennessen, Chair of the NCCUSL Legislative Committee, asking states to not seek adopted of this uniform act until the Hague Convention is ratified and Congress adopted legislation.
Kendra Nielsam provided a report on the uniform act that stated there was no federal mandate requiring adoption of the uniform act in order to receive federal funding.
In light of the request from the National Conference asking that the uniform act not be introduced, California will not do so.
• Adult Guardianship and Protective Proceedings Act
Russell Holder provided a report comparing current California law with the uniform act. Diane Boyer-Vine reported that she spoke with Eric Fish, Legislative Counsel with the National Conference, and he told her that the Alzheimer’s Association supports introduction of the uniform act in California and possibly has an author, Assembly Member Dave Jones.
After discussion, it was decided that the California Commissioners should check with interest groups to determine support and opposition. Organizations to contact included: the Alzheimer’s Association; the California Association of Public Administrators, Public Guardians, and Public Conservators; the California Judges Association; and the Judicial Council. Sandy Rae volunteered to contact the State Bar Trusts and Estates Section.
The California Commission decided to introduce this act provided there was enough support for it. Sandy Rae will work the bill through the legislative process.
• Uniform Debt-Management Services Act
Nat Sterling reported that Assembly Bill No. 2611, pertaining to debt management and settlement, was introduced by Assembly Member Lieu during the 2007-08 Legislative Session. The bill passed the Assembly, but died in the Senate because of too much opposition to the bill.
Pam Bertani explained provisions of the uniform act and emphasized a substantive difference between AB 2611 and the uniform act relating to fee structures providing incentives for increased savings. Pam pointed out that, given economic conditions, abuses may be more likely to occur and stated that the California Commission should consider introducing the uniform law.
Diane Boyer-Vine suggested first talking to Mike Kerr about opposition to the bill. Then one of the California Commissioners should talk to Assembly Member Lieu about his interest in re-introducing the bill. Pam Bertani is interested in working on the bill.
• Amendments to Uniform Principal and Interest Act
Sandy Rae explained that the amendments to the uniform act were necessitated by an adverse IRS ruling. Elihu Harris asked if there was any opposition to the amendments, and Sandy answered that there was none he was aware of.
The California Commission decided to introduce this uniform act as part of its 2009-2010 legislative program. Dave Clark will work the bill through the legislative process.
6. Other administrative matters
Diane Boyer-Vine distributed a memo from Katie Robinson, NCCUSL Communications officer, asking the California Commission for assistance in publishing an article about the National Conference in the local bar journal. After discussion, Nat Sterling volunteered to edit the article and circulate it to the other California Commissioners for their input.
Bob Cornell asked how to get California State Bar continuing education credit for attending meetings sponsored by the National Conference and the California Commission. Diane Boyer-Vine asked Susan Ballew to gather more information about qualifying for CLE from the State Bar.
Diane Boyer-Vine announced that Legislative Training would begin at 1:30 p.m.
The meeting was adjourned at 11:40 a.m.
Respectfully submitted,
Susan Ballew