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ASSEMBLY BILL 3686 (HORCHER – 1994)

CHAPTER 806, STATUTES OF 1994 AB 3686

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Code of Civil Procedure section 1060 and numerous Probate Code sections were amended in 1994 following legislative passage of Assembly Bill 3686, a “mini-omnibus probate” bill that was sponsored by the Estate Planning, Trust & Probate Law Section of the California State Bar.  (See Exhibits #1e and #11, documents A-1 and A-46).  Assembly member Paul Horcher introduced Assembly Bill 3686 on February 25, 1994.  (See Exhibit #1a)

 

Assembly Bill 3686 was assigned to the Assembly Committee on Judiciary where policy issues raised by the bill were considered.  (See Exhibit #3)  After approval by that Committee, the Assembly Committee on Ways and Means examined its fiscal ramifications.  (See Exhibit #5)  The Assembly amended the bill on April 28, 1994.  (See Exhibit #1b)  Assembly Bill 3686 was approved by the Assembly and forwarded to the Senate on June 1, 1994.  (See Exhibit #2)

 

While in the Senate, the Senate Committee on Judiciary considered the policy issues raised by the bill.  (See Exhibit #7)  Subsequent to approval by that Committee, the measure was assigned to the Senate Committee on Appropriations which examined its fiscal implications.  (See Exhibit #2)  Two amendments were made to Assembly Bill 3686 by the Senate, on August 8 and August 16, 1994.  (See Exhibit #1c, #1d and #2)  The Senate thereafter approved the bill and returned it to the Assembly.  (See Exhibit #2) 

 

The Assembly approved the Senate amendments and forwarded Assembly Bill 3686 to the Governor on September 7, 1994.  Governor Pete Wilson signed the bill on September 25, 1994, and it was recorded by the Secretary of State as Chapter 806, Statutes of 1994.  (See Exhibits #1e and #2)

 

The Office of Senate Floor Analyses produced a Special Consent analysis of Assembly Bill 3686 as last amended, which described the bill as follows:

 

This bill makes technical and grammatical changes to various Probate Code provisions.  The bill also extends the law regarding the rules of construction for wills to cover revocable trusts as well.

(See Exhibit #9, page 1)