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:December 5, 2007
Time:10:00 a.m. – Noon
Location: Office of Legislative Counsel
Bion M. Gregory Conference Room
925 L Street, Lower Level
Sacramento, California 95814
Final Agenda
1. Legislative program for the second half of the 2007-2008 Legislative Session
2. Selection of Chair
3. Selection of Vice-Chair
4. 2008-09 budget
5. Assignment of uniform acts for review prior to the annual meeting
6. Other administrative matters
Minutes
Meeting of the California Commission on Uniform State Laws
December 5, 2007 10:00 a.m. – Noon
Attendees: Pamela Bertani; Cynthia Bosco; Diane Boyer-Vine; Robert Cornell; Elihu Harris (by teleconference); Ann Park; Sandy Rae; Dan Robbins; Byron Sher (by teleconference); Nat Sterling; Mike Peterson (representing Dick Ackerman); and Susan Ballew, note taker.
The meeting was called to order at 10:00 a.m.
1. Legislative program for the second half of the 2007-2008 Legislative Session
Robert Cornell stated that deciding the legislative program is the most important agenda item.
Diane Boyer-Vine reported that two uniform laws introduced in the first half of the 2007-2008 legislative session have been chaptered: the Uniform Anatomical Gift Act and the Uniform Foreign-Country Money Judgments Recognition Act. A third act, the Uniform Emergency Volunteer Health Practitioners Act (A.B. 64), will be carried as a two-year bill.
The five acts recommended for possible inclusion as part of the 2007-08 legislative program were then discussed.
Diane Boyer-Vine and Nat Sterling told the Commissioners that they contacted local law schools for assistance in reviewing uniform acts. Hastings Law School has a program which includes a public interest (“real world”) project, and CCUSL will get acts to the students for review during the Spring semester. Students will be asked to compare the uniform act proposed for introduction in California with current California law. It was reported that, in the past, there have been mixed results when law students have reviewed uniform acts.
▪ Uniform Rules relating to Discovery of Electronically Stored Information
After discussion, it was decided that Diane Boyer-Vine would contact the Judicial Council to find out if there is support for enactment. A final decision to introduce this act is dependent on the outcome of discussions with Judicial Council. Diane Boyer-Vine and Pam Bertani agreed to be the primary contacts on this uniform act.
▪ Uniform Securities Act
Diane Boyer-Vine recommended that, if the Commission decides to introduce this uniform act, it be introduced during the first half of a legislative session.
Byron Sher reported that Commissioner Robert Tennessen encouraged introducing the uniform act in California. NCCUSL needs an important commercial State to enact the uniform law and hopes California will take the lead. The Uniform Law Conference volunteered use of its staff to compare the uniform law with current California law.
Nat Sterling noted that in 2005 the Department of Corporations reviewed the uniform act and its staff identified concerns with the act. Nat also noted that questions must be answered before advocating introduction. It was pointed out that this would be a good project for Hastings Law School students.
The Commission decided to ask Hastings law students to analyze the Uniform Securities Act and report back to the Commission. Based on the report, the Commission will consider introducing the Uniform Securities Act in the 2009-10 legislative session. Nat Sterling agreed to contact Hastings about this project. Byron Sher will tell Robert Tennessen that California will seriously consider introducing the Uniform Securities Act in 2009.
▪ Uniform Prudent Management of Institutional Funds Act
Diane Boyer-Vine reported that she received several emails from Michele Clayton in the NCCUSL headquarters office asking the California Commission to introduce the uniform act.
Nat Sterling explained the predecessor act and how it ties in to the current act. Because the primary opposition to the uniform act was the California Attorney General, Nat will contact someone in the Attorney General’s office to determine opposition to the current act. Without the Attorney General’s support, enactment in California could be problematic.
The commission agreed to introduce this act in 2008. Sandy Rae volunteered to be the primary contact and Nat Sterling will assist.
▪ Uniform Environmental Covenants Act
Byron Sher provided the Commissioners with some background on this uniform act. He noted that there is nationwide support for the act, and 20 states have already enacted it. The Commission agreed to introduce this act, and Cindy Bosco volunteered to serve as primary contact.
▪ Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
Diane Boyer-Vine expressed concern that the act may not be ready for introduction because of problems identified by the Style Committee. It was noted that there was insufficient time to review, so it was uncertain if the provisions of the uniform act would be beneficial for California. Sandy Rae and Nat Sterling suggested that the uniform act be sent to the California State Bar Probate Section for review. It was also agreed that Sandy would take the lead on getting State Bar review since he still maintains close contacts with the Probate Section leadership.
2. Selection of Chair
By unanimous acclamation, Diane Boyer-Vine was selected the 2008 Chair for the California Commission on Uniform State Laws.
3. Selection of Vice Chair
By unanimous acclamation, Ann Park agreed to serve as the 2008 Vice Chair for the California Commission on Uniform State laws with the understanding that she would not automatically be Chair when that term expires.
4. 2008-09 budget
Diane Boyer-Vine reported that she submitted a letter to the Department of Finance requesting an increase in CCUSL’s budget for fiscal year 2008-09. Diane requested $165,000 which is a $16,000 increase over last year’s budget. It was noted that the NCCUSL dues for 2009 are $144,200.
Diane also reported that the day after she submitted the budget request letter, she learned of a proposed 10% budget cut for all agencies. When Diane checked with the Commission’s budget analyst, she was told to take no additional action. It is assumed the amount requested in the budget letter is the amount that will be in the Governor’s budget. Diane also warned that if there is a decrease in the requested amount, the Commission will not be able to pay its annual dues and pay Commissioners’ expenses to attend the annual meeting.
Elihu Harris commented that, because of national economic conditions, it is not a good time for NCCUSL to ask for an increase in state dues.
5. Assignment of uniform acts for review prior to the annual meeting
Diane Boyer-Vine stated that it is the intention that every Commissioner be assigned to review uniform acts up for consideration at the annual meeting and report back to the California Commission. Bob Cornell elaborated on this by stating that there should be a lead and an assistant assigned to each uniform act. It is the responsibility of either the lead or the assistant to be on the floor during discussions of the act at the annual meeting and follow the act through the process. It is also the responsibility of the lead and assistant to be prepared to advise California Commissioners on the impact of the proposed uniform acts on California law. The Commissioner reviewing the act should complete the analysis and make it available to the Commission 30 days before the annual meeting provided, of course, that the final drafts are ready for review in a timely manner.
Assignments for Final Approval uniform acts:
Common Interest Ownership: Nat Sterling
Collateral Sanctions and Disqualifications: Pam Bertani
Business Organizations: Elihu Harris (tentative)
Record Owners of Businesses: Dan Robbins
Statutory Trust Entity: Byron Sher
Unincorporated Nonprofit Associations: Ann Park
Unsworn Foreign Declarations: Diane Boyer-Vine, Robert Cornell
Probate Code Amendments on Intestacy: Cindy Bosco, Sandy Rae
Debt Management Services: no assignment, possible reading at annual meeting
International UIFSA Amendments: no assignment, possible reading at annual meeting
Assignments for Discussion Only uniform acts:
Division of Income for Tax Purposes: Dan Robbins, Ann Park
Enforcement of Hague Convention: Robert Cornell, Dan Robbins
Misuse of Genetic Information: Pam Bertani
Diane Boyer-Vine noted that NCCUSL headquarters provided her with a list of Final Reading acts only, so the above list of First Reading acts is incomplete. Diane will email a list of the First Reading acts at a later date and ask for volunteers to review the remaining acts. Diane Boyer-Vine suggested that the Commissioners serving on drafting committees whose acts are up for first reading take responsibility for those acts. Diane asked Commissioners to email Susan Ballew a list of drafting committees on which they are serving.
6. Other administrative matters
It was noted that the Assembly still does not have a representative on the CCUSL. Recommendations to fill the position will be discussed at another time.
Diane Boyer-Vine announced that Legislative Training would begin at 1:30 p.m.
The meeting was adjourned at 11:15 a.m.
Respectfully submitted,
Susan Ballew