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 10, 2009
Time: 9:00 a.m. – Noon
Location: Office of Legislative Counsel
Bion M. Gregory Conference Room
925 L Street, Lower Level
Sacramento, California 95814
LAPD Harbor Police Division
2175 John S. Gibson Boulevard
San Pedro, California 90731
600 John Street
Manhattan Beach, California 90266
Final Agenda
- Introductions
- 2010-11 Budget and 2010 Annual Dues
- Selection of Chair
- Selection of Vice Chair
- Interim decision-making
- Update – legislative program for the first half of the 2009-2010 Legislative Session
- Legislative program for the second half of the 2009-2010 Legislative Session
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act: request California Law Revision Commission study
- CCUSL brochure
- CCUSL website
- Other administrative matters
Minutes
Meeting of the California Commission on Uniform State Laws
October 10, 2009 9:00 a.m. – Noon
Attendees: Pamela Bertani; Diane Boyer-Vine; Dave Clark; Ellen Corbett; Bob Cornell; Justin Houterman; Robert Jameson; Sandy Rae; Dan Robbins; Byron Sher; Nat Sterling; Saskia Kim, Chief Counsel to the Senate Committee on Judiciary; Susan Ballew, note taker.
Diane Boyer-Vine called the meeting to order at 9:00 a.m. and attendees began calling in from remote locations.
1. Introductions
Commissioners introduced themselves and stated how long they had served on the California Commission.
2. 2010-11 Budget and 2010 Annual Dues
Diane Boyer-Vine reported that California paid $125,000 of the assessed $148,600 annual dues for 2010 payable to the Uniform Law Conference.
Diane also recommended that the California Commission request a 2010/11 budget allocation of $148,000 which is the same as that requested for the 2009/2010 fiscal year. The Commissioners agreed that, given California’s deficit problems, this was a prudent recommendation.
3. Selection of Chair
4. Selection of Vice-Chair
After discussion about the duties of the Chair and Vice-Chair of the California Commission and the fact that the positions have traditionally been held for two years, it was decided that Commissioners would be nominated for these positions in order of seniority.
Pamela J. Bertani was nominated as Chair of the California Commission on Uniform State Laws for a term of two years. The motion was seconded and passed unanimously.
Nathaniel Sterling was nominated as Vice Chair of the California Commission on Uniform State Laws for a term of two years. The motion was seconded and passed unanimously.
5. Interim decision-making
Diane Boyer-Vine discussed the difficulty of making interim decisions with respect to legislative measures and involving all California Commissioners in that decision-making. This issue was discussed, and a motion was made to allow the Chair of the California Commission, upon consulting with the Commission’s Legislative Liaison and the Vice Chair of the Commission if the Vice Chair is available, to make interim decisions without approval of the entire membership of the California Commission. The motion was seconded and passed unanimously.
6. Update – legislative program for the first half of the 2009-2010 Legislative Session
Diane Boyer-Vine thanked Dave Clark for his work on Assembly Bill No. 1545, the Uniform Principal and Income Act. The bill was signed by the Governor and is Chapter 152 of the Statutes of 2009. Diane also reported that she sent a letter to Assembly Member Calderon thanking him for allowing AB 1545 to be authored by the Assembly Committee on Revenue and Taxation.
Diane Boyer-Vine also reported that there was an issue with Uniform Commercial Code, Article 9 and the extension of a sunset provision relating to how residuals are paid to actors. Diane worked with the Senate Committee on Judiciary to extend the sunset for three years which works in favor of maintaining the uniformity of the article. That bill is now one of the 700 bills waiting the Governor’s signature. Diane also reported that California Commission representatives will meet with stakeholders to work on a permanent solution.
7. Legislative Program for the second half of the 2009-2010 Legislative Session
Diane Boyer-Vine reported that she had no specific recommendations for uniform act introductions for the second half of the session.
After reviewing the list of Target Acts proposed by the Uniform Law Conference and discussing the merits of each, the California Commission will consider the following for possible inclusion as part of the 2009-10 and 2011-12 legislative programs:
• Uniform Assignment of Rents Act
Nat Sterling agreed to review the act for possible introduction in the first half of the 2011-12 legislative session.
• Uniform Athlete Agents Act
Even though this uniform act has been introduced twice in California and failed passage, it was pointed out that the political leadership has changed. Diane Boyer-Vine will research the act further and determine who the stakeholders are. Based on that information, a decision will be made whether to introduce the act during this legislative session or the next. Byron Sher and Justin Houterman agreed to work the bill through the legislative process.
• Uniform Limited Liability Company Act
Dave Clark told the Commission that a Uniform Law Conference is working on the Business Organizations Act which standardizes definitions in various uniform acts pertaining to business. It was recommended to defer this act for introduction until that process was completed.
• Uniform Electronic Real Property Recording Act
There was discussion about the concern for potential fraud with electronic recording, but since technology has changed it would be prudent to take another look at this uniform act for possible introduction. Justin Houterman will ask the Los Angeles County District Attorneys Association about their potential position if we seek to reintroduce the act.
• Uniform Unincorporated Nonprofit Association Act
Diane Boyer-Vine will have a comparison done between the uniform act and current California law for research purposes for possible introduction during the 2011-12 legislative session.
• Uniform Commercial Code, Articles 3 and 4
The Commissioners agreed that this uniform act was worth looking into. Diane Boyer-Vine will talk to stakeholders to help the Commission determine if this is a uniform act it wants to introduce. If the Commission agrees to go ahead with introduction, Dan Robbins agreed to help move the bill through the legislative process. It was pointed out introduction in the first half of the 2011-12 legislative session may be a better option.
• Uniform Commercial Code, Article 9
California Commission representatives will meet with stakeholders to work on a permanent solution to the sunset issue. Dan Robbins agreed to assist with this effort.
8. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act: request California Law Revision Commission study.
After discussion, it was moved that the California Commission on Uniform State Laws request the California Law Revision Commission to study the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act to compare and make a recommendation with respect to current California law and the uniform act. The motion was seconded and passed unanimously.
9. CCUSL brochure
The draft version of the CCUSL brochure was distributed to the Commissioners for their review and comment. Diane Boyer-Vine explained that the purpose of this brochure was a promotional and educational tool for meetings with newly-elected Legislators and for newly-appointed California Commissioners. It will also be used for outreach efforts. Commissioners were asked to send their comments and suggestions to Susan Ballew.
It was noted that the union bug was not on the brochure, and it will be added to the revised version.
Diane Boyer-Vine will check the statutes to verify language in the brochure with respect to qualifications for appointment.
10. CCUSL website
Rajinder Naresh, with the Legislative Data Center, demonstrated the test site for the California Commission’s new website. Susan Ballew will send the website’s URL to the Commissioners, and Diane Boyer-Vine asked them to test the website and send recommendations regarding its content to Susan before November 1. Diane thanked Rajinder for her work on developing the website.
Nat Sterling revised the list of uniform acts enacted in California in preparation for posting it on the website. Nat pointed out several complications with the list that could lead to confusion. After discussion as to what is the purpose of the list and how to resolve these issues, it was decided to list only uniform acts that are currently in effect in California regardless of whether or not they are deemed “obsolete” by the Uniform Law Conference.
Additional research may be needed to develop a useful list of uniform acts enacted in California which will be posted on the CCUSL website. Diane Boyer-Vine offered to help Nat with the research.
Nat Sterling raised a question as to whether posting a CCUSL meeting notice on the website will satisfy the Open Meetings Act requirements. Diane Boyer-Vine said that she thinks it should, but print media will still be used for meeting notifications.
Dave Clark asked if, in the interest of providing broader exposure to other groups, the CCUSL website will provide links to other groups. Diane Boyer-Vine said that ULC should retain that responsibility so CCUSL avoids deciding which organizations have links.
11. Other administrative matters
Nat Sterling told the Commission that California’s Open Meeting laws pose a problem at the ULC Annual Meeting when the California Commissioners are asked to meet and make decisions during annual meeting deliberations. Nat gave the specific example of “vote-by-state” when the California Commissioners decide how the California delegation will vote on consideration of uniform laws. Nat suggested the ULC Annual Meeting be noticed on the website and in print to comply with the Open Meeting laws. Since the meeting agenda must also be noticed, a link to the ULC Annual Meeting website will resolve this. The Commission decided that this was an acceptable way to handle this issue. To comply with quorum requirements during the ULC Annual Meeting, the Chair or Vice Chair of the California Commission will convene a meeting of the California Commission when a quorum is present.
Dave Clark stated that he is an active member of the American Bar Association Tax Section and the State and Local Tax Committees. He is involved in outreach programs and will participate in activities involving outreach.
Bob Cornell explained that California’s Continuing Education of the Bar requirements can be fulfilled by attending the ULC Annual Meeting. Bob also pointed that attendees must sign a registration book in the main meeting room in order to qualify for credit.
The meeting was adjourned at 11:40 a.m.
Respectfully submitted,
Susan Ballew