Store Research
SENATE BILL 271 (KOPP – 1991)
CHAPTER 1055, STATUTES OF 1991 - SB 271
Some bill research does not include the Governor's file because at the time we researched the bill, the sitting Governor had not released his chaptered bill file. If the Governor's file is not included with this particular research, please contact our office (1-530-666-1917 or quote@legintent.com) and we will be happy to provide this file at no charge if it is available. Please Note: Governor files did not exist prior to 1943.
As enacted in 1991, Senate Bill 271, relating to disposition of property, affected numerous sections of the Financial Code, Health and Safety Code, Probate Code, and Vehicle Code. (See Exhibit #1h) Senate Bill 271 was introduced on January 31, 1991 by Senator Quentin Kopp on January 31, 1991. (See Exhibit #1a) He carried this bill for the California Law Revision Commission [hereinafter referred to as “the CLRC” or “the Commission], and the State Bar Estate Planning, Trust and Probate Section. (See Exhibit #3, page 1)
Senate Bill 271 was assigned to the Senate Committee on Judiciary where policy issues raised by the bill were considered. (See Exhibit #3) After approval by that Committee, the Senate Committee on Appropriations examined its fiscal ramifications. (See Exhibit #5) The Senate amended the bill on March 19, April 17, May 8, and June 9, 1991. (See Exhibits #1b through #1e) Senate Bill 271 was approved by the Senate and forwarded to the Assembly on June 14, 1991. (See Exhibit #2)
While in the Assembly, the Committee on Judiciary considered the policy issues raised by the bill. (See Exhibit #10) Subsequent to approval by that Committee, Senate Bill 271 was assigned to the Assembly Committee on Ways and Means that examined its fiscal implications. (See Exhibit #12) Two amendments were made to Senate Bill 271 by the Assembly, on July 8 and August 20, 1991. (See Exhibits #1f and #1g) The Assembly thereafter approved the bill and returned it to the Senate. (See Exhibit #2)
The Senate approved the Assembly amendments and forwarded Senate Bill 271 to the Governor on September 30, 1991. Senate Bill 271 was signed by Governor Pete Wilson on October 14, 1991, and it was recorded by the Secretary of State on that date as Chapter 1055 of the Statutes of 1991. (See Exhibits #1h and #2)
Senate Bill 271 was considered an omnibus bill on various Probate Code sections dealing with substantive law and procedure changes recommended by the Commission and the State Bar. (See Exhibits #3; #8 through #11, document AP 1; #16, document PE-3) A memorandum from the Office of Senator Kopp, dated April 16, 1991, explained that the proposals from the CLRC dealt with transfer on death beneficiary designations and the proposal from the State Bar dealt with the new statutory will. (See Exhibit #4, document AP-26)
The Assembly Committee on Judiciary analysis of Senate Bill 271 as last amended on August 20, 1991 summarized the provisions of the bill, stating:
This omnibus bill on probate law and procedure, (1) makes numerous technical and reorganization changes to provisions regarding probate law and procedure recommended by the California Law Revision Commission (CLRC), (2) allows registration for transfer on death (TOD) ownership of vehicles, vessels and motor homes to a designated beneficiary, (3) revises the California Statutory Will provisions, (4) clarifies the probate court’s jurisdiction with regard to power of attorney, and (5) replaces the rule of strict compliance with a testator’s requirements for exercising a power of appointment with a “reasonable compliance” rule.
(See Exhibit #10b, page 1)