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 12, 2005
Time:10:00 a.m. - Noon
Location: Office of Legislative Counsel Bion M. Gregory Conference Room
925 L Street, Lower Level
Sacramento, California 95814
(916)341-8037
Kiesel, Boucher & Larson, LLP 8648 Wilshire Boulevard
Beverly Hills, California 90211
(310) 854-4444
Mayer, Brown, Rowe & Maw LLP
350 South Grand Avenue, 25th Floor
Los Angeles, California 90071
(213) 229-9512
Office of Peralta Community College District
333 E. 8th Street
Oakland, California 94606
(510) 466-7200
Final Agenda
1. Legislative program for the second half of the 2005-2006 Legislative Session
2. Other items
Minutes
Meeting of the California Commission on Uniform State Laws
December 12, 2005 10:00 a.m. – Noon
Attendees: Sacramento – Cynthia Bosco, Diane Boyer-Vine, Robert Cornell, Patrick DeBlase, Sandy Rae, Byron Sher; Oakland – Elihu Harris; Los Angeles – Ann Park, Philip Recht; Beverly Hills – Robert Beverly, Elaine Mandel; Gene Wong and Benjamin Palmer, Senate Judiciary Committee; John McCabe, Michael Kerr, and Michele Clayton, NCCUSL Legislative Counsels. No members of the public were present.
The meeting was called to order at 10:00 a.m.
1. Legislative program for the second half of the 2005-2006 Legislative Session
Diane Boyer-Vine stated that she could no longer be the primary contact for uniform laws introduced on behalf of the California Commission on Uniform State Laws. She asked that other commissioners take on the responsibility of moving the bills through the Legislature.
After discussion about the roles of the California Commissioners, legislative staff, and the Office of Legislative Counsel, it was decided that an individual commissioner would be the “point person” for the bill and Diane Boyer-Vine, in her capacity as Legislative Counsel, would provide support functions. During the discussion, it was emphasized that even though legislative staff can handle many of the responsibilities of getting a bill through the Legislature, it was important that an experienced commissioner knowledgeable about the uniform law and its history be intimately involved in the process.
Based on a memo from John McCabe, Legislative Director of the National Conference of Commissioners on Uniform State Laws, the California Commission discussed his recommendations for uniform law introductions:
Revised UCC Article 1 and Revised UCC Article 7
John McCabe explained why he thought these two UCC articles should pass without much controversy in California. Mr. McCabe also gave reasons why both articles should be introduced in the same bill. It was decided that Diane Boyer-Vine will submit two separate Legislative Counsel requests to draft the bill language with the understanding that the two requests can later be combined into one bill for introduction if that is preferred. Diane will also talk to Members about authoring the bill or bills. It was suggested that Assembly Member Harman or Assembly Member Jones, Chair of the Assembly Judiciary Committee, be approached about carrying the bill. Byron Sher said that he would prefer to work on UCC 1 because he was on the drafting committee and understands the history of that article.
Uniform Athletes Agents Act
Michael Kerr explained that this uniform act had already been introduced twice in California, passed the Legislature both times, and was vetoed by Governor Davis both times. Diane Boyer-Vine will contact Richard Costigan in the Governor’s Office to determine whether Governor Schwarzenegger supports the Uniform Athlete Agents Act. If there is no support from the Governor’s Office, it is recommended the uniform law not be introduced. If there is support and the uniform law is introduced, Byron Sher indicated that he may be interested in working this bill through the Legislature.
Uniform Limited Partnership Act
This uniform act was introduced in the first half of California’s 2005-06 legislative session. Gene Wong explained that the bill had technical concerns that could not be resolved quickly, so it was made a two-year bill. Bob Cornell agreed to handle this bill, and he will contact the California State Bar. Gene Wong also suggested that Bob Cornell contact Gloria Ochoa, an analyst with the Senate Judiciary Committee, in February to discuss concerns with the bill.
Uniform Real Property Electronic Recording Act
The California Commissioners decided not to pursue this act any further.
Uniform Mediation Act
The California Commissioners decided not to introduce this act in California this year.
Uniform Securities Act
Michelle Clayton reported that the Department of Corporations is studying this uniform act. The California Commissioners decided to wait for the study to be concluded before any decisions are made about introducing this bill.
2. Other items
Chair of the California Commission on Uniform State Laws
Bob Cornell explained that he had been the Chair of the California Commission for many years, but several years ago it was decided to rotate the Chair based on seniority. Given that rotation, Elihu Harris would be the current Chair. However, it was decided that Bob Cornell would remain as Chair until the 2006 NCCUSL Annual Meeting and then Elihu Harris would be named Chair.
Diane Boyer-Vine pointed out that, according to Section 8268 of the Government Code, the commission “shall elect one of its members as chairperson and another as secretary, who shall hold their respective offices for a term of two years . . .”.
It was decided that the California Commission meet at the 2006 Annual Meeting and decide how to name a Chair in the future. Diane Boyer-Vine recommended that the commission follow the statutory language.
CCUSL Budget
Diane Boyer-Vine reported that she requested the same amount as last year’s appropriation. She also reported that she has heard no “hit list” rumors about the California Commission.
2007 NCCUSL Annual Meeting Host Committee
Michael Kerr told the California Commissioners that Howard Swibel, President of NCCUSL, will be contacting them soon about fundraising for the 2007 NCCUSL Annual Meeting in Pasadena. Michael Kerr also explained that the Host Committee generally solicits private law firms to sponsor individual annual meeting events, and the contributing law firms then have their names associated with the events. Ann Park volunteered to serve on the Annual Meeting Host Committee.
The meeting adjourned at 11:00 a.m.
Respectfully submitted,
Susan Ballew