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AB-2328 State government: California Law Revision Commission.(2011-2012)

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CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 2328


Introduced  by  Assembly Member Olsen

February 24, 2012


An act to repeal Section 703.120 of the Code of Civil Procedure, and to amend Section 13332.16 of, to repeal Sections 70219 and 71674 of, and to repeal Article 2 (commencing with Section 8280) of Chapter 3.5 of Division 1 of Title 2 of, the Government Code, relating to state government.


LEGISLATIVE COUNSEL'S DIGEST


AB 2328, as introduced, Olsen. State government: California Law Revision Commission.
Existing law establishes within state government the California Law Revision Commission, and sets forth its powers and duties. Existing law requires the commission to, among other things, examine the common law and statutes of the state and judicial decisions for the purpose of discovering defects and anachronisms in the law and recommending needed reforms.
This bill would eliminate the California Law Revision Commission, and would make conforming changes to related provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 703.120 of the Code of Civil Procedure is repealed.
703.120.

(a) Ten years following the operative date of this title and every 10 years thereafter, the California Law Revision Commission shall review the exempt amounts provided in this chapter and in other statutes and recommend to the Governor and the Legislature any changes in exempt amounts that appear proper.

(b)Nothing in this section precludes the commission from making recommendations concerning exempt amounts more frequently than required by subdivision (a) or from making recommendations concerning any other aspect of this title, and the commission is authorized to maintain a continuing review of and submit recommendations concerning enforcement of judgments.

SEC. 2.

 Article 2 (commencing with Section 8280) of Chapter 3.5 of Division 1 of Title 2 of the Government Code is repealed.

SEC. 3.

 Section 13332.16 of the Government Code is amended to read:

13332.16.
 This article shall not apply to appropriations to the Legislature, the Legislative Counsel Bureau, the Bureau of State Audits, or the California Commission on Uniform State Laws, or the California Law Revision Commission.

SEC. 4.

 Section 70219 of the Government Code is repealed.
70219.

On submission by the California Law Revision Commission of its report to the Governor and the Legislature pursuant to Resolution Chapter 102 of the Statutes of 1997 recommending statutory changes that may be necessitated by court unification, the Judicial Council and the California Law Revision Commission shall study and make recommendations to the Governor and the Legislature on the issues identified in the report as appropriate for future study, including consideration of the experience in counties in which the courts have unified. Each agency shall assume primary or joint responsibility for the studies and recommendations as outlined in the report, and each agency shall consult with the other in the studies and recommendations. This section does not limit any authority of the Judicial Council or the California Law Revision Commission to conduct studies and make recommendations authorized or directed by law.

SEC. 5.

 Section 71674 of the Government Code is repealed.
71674.

The California Law Revision Commission shall determine whether any provisions of law are obsolete as a result of the enactment of this chapter, the enactment of the Lockyer-Isenberg Trial Court Funding Act of 1997 (Chapter 850 of the Statutes of 1997), or the implementation of trial court unification, and shall recommend to the Legislature any amendments to remove those obsolete provisions. The commission shall report its recommendations to the Legislature, including any proposed statutory changes.