Meeting Notice
Meeting of the California Commission on Uniform State Laws
Meeting of the California Commission on Uniform State Laws
September 26, 2017 - 10:00 A.M. – 4:00 P.M
Meeting Location:
Office of Legislative Counsel
Bion M. Gregory Conference Room
925 L Street, Lower Level
Sacramento, California 95814
Introductions
- Adoption of minutes
- September 13, 2016,
- July 14, 2017, July 15, 2017
- Election of officers:
- Chair
- Vice Chair
- Update on 2017 legislation
- Consideration of adoption of voting and Quorum rules.
- Consideration of uniform acts for introduction in 2017
- Trust Decanting Act
- Uniform Regulation of Virtual Currency Businesses Act
- Uniform Parentage Act
- Uniform Protected Series Act
- 2018 Annual meeting
MINUTES
Chairman Dave Clark called the meeting to order. Commissioner Clark asked for a roll call of the California Commission to determine if a quorum was present.
Present: Commissioner Diane Boyer-Vine, Commissioner Marty Carr, Commissioner Dave Clark, Commissioner Elena Duarte, Commissioner Elihu Harris, Commissioner Dan Robbins, Commissioner Byron Sher, and Commissioner Nathaniel Sterling.
Absent: Commissioner Pam Bertani, Commissioner Rob Bonta, Commissioner Bob Cornell, Commissioner Hannah-Beth Jackson, and Commissioner Fred Rowley.
Interested parties: Fred Miller, ULC; Gene Erbin, lobbyist; Nichole Rocha, Assembly Judiciary Committee; and Marisa Shea, Senate Judiciary Committee.
Agenda Item 1: Adoption of minutes for September 13, 2016, and July 14-15, 2017.
Commissioner Elena Duarte moved to approve the September 13, 2016, minutes as read, seconded by Commissioner Dave Clark. The vote was unanimous.
Commissioner Diane Boyer-Vine mentioned two changes to the July 14-15, 2017, minutes. Those changes were: (1) the minutes should read “Virtual Currency” not “Virtual Current” and (2) Commissioner Rowley recused himself from the vote, that is, he did not abstain.
After a short discussion, Commissioner Diane Boyer-Vine agreed to change the heading on the July 14-15 2017, minutes to show in boldface type set “Uniform Protected Series Act”. Commissioner Dan Robbins made a motion to approve the July 14-15, 2017, minutes. The motion was seconded by Commissioner Elena Duarte. The vote was unanimous.
Agenda Item 2: Election of Officers: Chair and Vice Chair
Commissioner Diane Boyer-Vine explained the process for the election of the Chair and Vice Chair to the CCUSL. Commissioner Diane Boyer-Vine made a motion to elect Marty Carr as the Chair; Commissioner Elena Duarte seconded the motion. The vote was unanimous. Commissioner Marty Carr then made a motion to elect Commissioner Fred Rowley as Vice Chair; Commissioner Elena Duarte seconded the motion. The vote was unanimous.
Agenda Item 3: Update on 2017 Legislation
Commissioner Diane Boyer-Vine updated the commission on Senate Bill 204 related to enactment of the Canadian Domestic Violence Protection Orders Act. The bill was signed by the Governor on July 21, 2017. The act will be added to the Internet Web site.
Agenda Item 4: Consideration of Adoption of Voting and Quorum Rules
Commissioner Diane Boyer-Vine explained the issue the commission was experiencing regarding an abstention counting as a “no” vote. There is no current rule in place to deal with this issue. Commissioner Nathaniel Sterling then spoke about the memo he prepared regarding a proposed new rule to cover the issue. A motion was made to adopt the new rule. The vote was unanimous.
Agenda Item 5: Consideration of Uniform Acts for introduction in 2017
Trust Decanting Act - Commissioner Diane Boyer-Vine gave an overview of Assembly Bill 1855 from the 2015-16 Regular Session and discussed the fact that the Assembly Judiciary Committee decided to not take up the bill. She explained to the group how she was working with Commissioner Dave Clark on changes to the act based on meetings with staff from the Assembly Judiciary Committee and the California State Bar. After discussion, a decision was made to find an author for the act for the upcoming session.
Uniform Regulation of Virtual Currency Business Act – Commissioner Fred Miller was conferenced in on the Virtual Currency Act. Fred Miller spoke about the challenges facing the enactment of the act. Commissioner Diane Boyer-Vine informed the commission regarding Assembly Bill 1123, which was related to the regulation of virtual currency. The commission asked Commissioner Diane Boyer-Vine to look into moving this act forward. Commissioner Dan Robbins moved to seek an author for the act. Commissioner Elena Duarte seconded the motion. The vote was unanimous; Commissioner Harris and Commissioner Sher were not present for the vote.
Uniform Parentage Act – Commissioner Diane Boyer-Vine stated that Commissioner Marty Carr reached out to UC Davis law professor Johnston regarding the Uniform Parentage Act. Commissioner Diane Boyer-Vine posed the question of support for sections of an act rather than an entire act. Commissioner Nathaniel Sterling and Commissioner Marty Carr spoke about their concerns about that proposal. Professor Joslin was then conferenced into the meeting to discuss the act with the commission. Commissioner Marty Carr requested approval to reach out to the Family Law Section of the California State Bar to determine any interest in its seeking an author for the act. If the Bar is not interested, Commissioner Marty Carr suggested that he and Professor Johnston reach out to Senator Toni Atkins about the act. Commissioner Elena Duarte made a motion. Commissioner Diane Boyer-Vine seconded the motion. The vote was unanimous; Commissioner Harris and Commissioner Sher were not present for the vote.
Uniform Protected Series Act – Commissioner Dave Clark spoke about how the California State Bar wants to take up the Uniform Protected Series Act. Commissioner Marty Carr expressed his concerns with the act and the protection of unsecured creditors. Commissioner Elihu Harris spoke about his concerns with corporations having the ability to shield themselves. Commissioner Marty Carr asked Commissioner Dave Clark to monitor the progress of this act as it is brought forth by the Bar. Commissioner Diane Boyer-Vine made a motion in that regard; Commissioner Elena Duarte seconded the motion. The vote was unanimous; Commissioner Harris and Commissioner Sher were not present for the vote.
Agenda Item 6– 2018 Annual Meeting
Commissioner Nathaniel Sterling spoke about how the commission cannot travel because of the travel ban enacted by California law. Commissioner Nathaniel Sterling made a motion that a letter be sent one month before the annual meeting in Kentucky to the Kentucky delegation explaining why the California Commission is not attending the meeting. The motion was seconded. The vote was unanimous; Commissioner Harris and Commissioner Sher were not present for the vote.
Adjournment
Commissioner Nathaniel Sterling made a motion to adjourn the meeting at 12:20 p.m. and the motion was seconded. The vote was unanimous; Commissioner Harris and Commissioner Sher were not present for the vote.