Assembly Bill 1729 (Davis – 1947)
Chapter 1038, Statutes of 1947
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As enacted in 1947, Assembly Bill 1729 established the Corporations Code. (See Exhibit #1c) This codification effort superseded former laws from the Civil Code, Political Code and Penal Code related to corporations. (Id.) Assembly Bill 1729 was introduced by Assembly member M. Philip Davis on January 31, 1947. (See Exhibit #1a) The California Code Commission sponsored the measure, and Assembly Bill 1729 received the review and subsequent support of the State Bar Committee on Revision of the Corporations Laws. (See Exhibit #6, document PE-6)
Assembly Bill 1729 was assigned to the Senate Committee on Judiciary where policy issues raised by the bill were considered. (See Exhibit #2) No amendments were made to Assembly Bill 1729. Subsequent to legislative approval, Governor Earl Warren signed the bill on July 1, 1947, and it was recorded by the Secretary of State on that date as Chapter 1038 of the Statutes of 1947. (See Exhibits #1c and #2)
Neither of the committees hearing this bill nor its author have left documentation surviving upon its consideration. Given these circumstances, we found that the post-enrollment legislative bill file for the Governor regarding this legislation provided the most useful documents. (See generally, Exhibit #6) Through the materials located in the Governor’s file we are able to gain some insight into the intent of the legislation. The information in these materials was presumably presented to the legislature by the writers who were participants in the legislative process. (Id.)
The Office of Legislative Counsel stated that “Assembly Bill No. 1729 is the main bill of the Corporations Code program.” (See Exhibit #6, document PE-2) This Report on Assembly Bill 1729 stated further:
This bill, prepared by the California Code Commission, assembles, codifies, and consolidates the law relating to general corporations, nonprofit corporations, corporations for various special purposes, unincorporated associations, and subversive organizations.
This bill (together with Assembly Bill No. 1736, making corrective amendments, which is also before the Governor) makes no substantive change in the existing law, but rearranges and restates in simplified language the substance of existing laws, and repeals obsolete and superseded statutes, as well as the laws codified.
(See Exhibit #6, document PE-2)