Meeting Notice

Meeting of the California Commission on Uniform State Laws

 

Date:  October 29, 2018

 

Time:  10:00 a.m. - 4:00 p.m.

 

Location:  Office of Legislative Counsel

Bion M. Gregory Conference Room

925 L Street, Lower Level

Sacramento, CA  95814

 

1. Introductions
2. Adoption of minutes from September 26, 2017 meeting
3. Update on 2018 legislation
4. Consideration of uniform acts for introduction in 2019
   1. Uniform Regulation of Virtual-Currency Businesses Act
   2. Uniform Supplemental Commercial Law for the Uniform Regulation of Virtual-Currency Businesses Act
   3. Uniform Fiduciary Income and Principal Act
   4. Revised Uniform Law on Notorial Acts
   5. Uniform Criminal Records Accuracy Act
5. 2019 Annual Meeting

 

California Commission on Uniform State Laws

State Capitol, Room 3021

Sacramento, California 95814

916-341-8005

916-341-8020

Minutes

Present: Commissioner Pam Bertani, Commissioner Diane Boyer-Vine, Commissioner Marty Carr, Commissioner Dave Clark, Commissioner Elena Duarte, Commissioner Elihu Harris, Senator Hannah-Beth Jackson, Commissioner Dan Robbins, Commissioner Byron Sher, Commissioner Nathaniel Sterling,

Absent Members: Commissioner Bob Cornell and Commissioner Fred Rowley

1. Introductions

Chairperson Marty Carr called the meeting to order. Chairperson Marty Carr asked for a roll call of the California Commission and determined that a quorum was present.

Start time: 10:09 a.m.

2. Adoption of the minutes from September 26, 2017 – comments and changes

• Moving away from detailed minutes.
• Chairperson Marty Carr proposed a change to the discussion of the Uniform Parentage Act – UC Davis Law Professor should be Joslin not Johnston.
• Motion to adopt as amended motion adopted.

Commissioner Elihu Harris, Senator Hannah Beth Jackson and Commissioner Byron Sher were not present when the vote was taken.

3. Update on the 2018 Legislation

Commissioner Diane Boyer-Vine gave an overview of the following bills.

• SB 909 Uniform Trust Decanting Act – signed into law September 14, 2018.
• AB 2684 Uniform Parentage Act – signed into law September 28, 2018.
• Commissioner Nat Sterling will update the 2018 legislation list on the website.

4. Consideration of uniform acts for introduction in 2019*

1. Uniform Regulation of Virtual Currency Business Act – Regulating the business activity of virtual currency.  Commissioner Nat Sterling volunteered to work on this two-year project.  Voted on seeking an author.  Moved and seconded.  The vote was unanimous.

2. Uniform Supplemental Commercial Law for the Uniform Regulation of Virtual Currency Businesses Act – Companion act to deal with some of the provisions in the Uniform Commercial Code.

3. Uniform Fiduciary Income and Principal Act – Revised to address changes in the design of the modern trust.  Needs input from the Trust and Estate Section of the California State Bar. Bankers actively participated with drafting of this act.  Provisions are unitrust and power to adjust to show a difference of income and principal.  For the first step on this act, Commissioner David Clark agreed to speak with the State Bar. Depending on that conversation the Commission authorized finding an author for this act.  Moved and seconded.  The vote was unanimous.

4. Revised Uniform Law on Notarial Acts –Commissioner Elihu Harris suggested transmitting a copy of the act to the Secretary of State for reaction. Commissioner Diane Boyer-Vine will transmit a copy of the act.  Moved and seconded.  The vote was unanimous.

5. Uniform Criminal Records Accuracy Act – Designed to help people who have something on their record to clear up their rap sheet.  Establishes a mistaken identity prevention registry for people who have similar names. The final act is not available at this time.  There are many local entities that are handling an individual’s criminal record or criminal history and this act will require the various entities to report to a centralized authority to consolidate the individual’s information into one place.  This act provides a mechanism for agencies to properly transfer correct information or if the information is incorrect to contact the central authority for corrections.  Cost will be an issue.  Commissioner Marty Carr moved that the Office of Legislative Counsel prepare a research memo on this act for 2019.  Moved and seconded.  The vote was unanimous.

6. Uniform Protected Series Act – Commissioner David Clark was in charge of monitoring this act.  The State Bar was going to move forward with the act.  Commissioner David Clark is in contact with Phil Jelsma, a tax attorney with the California Lawyers Association “CLA” (business law taxation section).  The CLA will take up the act in 2019. If it is to move forward, it will be introduced in 2020.

5. 2019 Annual ULC Meeting – Anchorage, AK

• Update on the dues: Commissioner Diane Boyer-Vine, having the sole authority for the decision to pay the dues, approved payment of the dues at the beginning of the fiscal year rather than wait until October meeting.  Next year’s dues payment will be voted at the ULC Annual Meeting in Alaska.

Adjournment – Chairperson Marty Carr made a motion to adjourn the meeting at 11:43 a.m. and the motion was moved and seconded.  The vote was unanimous.

*Senator Hannah-Beth Jackson indicated any yes vote made in the CCUSL meeting does not reflect any position that she would take as a legislator or as Chair of the Senate Judiciary Committee.