Store Research
Assembly Bill 2779 (Harris – 1988)
Chapter 113, Statutes of 1988
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Numerous Civil, Food and Agricultural, Government, Health and Safety, Insurance, Probate, and Welfare and Institutions Code sections, relating to probate law and procedure, were affected in 1988 with the passage of Assembly Bill 2779. (See Exhibit #1e) Assembly member Elihu Harris introduced this measure on on January 13, 1988 on behalf of the California Law Revision Commission [hereinafter referred to as the “Commission” or “CLRC”]. (See Exhibits #1a and #12, document PE-2)
Assembly Bill 2779 was assigned to the Assembly Committee on Judiciary and the Senate Committee on Judiciary where policy issues raised by the bill were considered. (See Exhibits #3 and #6) Three amendments were made to Assembly Bill 2779 as the bill was considered by both Houses. (See Exhibits #1b through #1d and #2) Subsequent to legislative approval, Governor George Deukmejian signed the bill on May 24, 1988 and it was recorded by the Secretary of State on May 25th as Chapter 113 of the Statutes of 1988. (See Exhibit #1e)
As it was considered in the legislature, Assembly Bill 2779 went to the Consent Calendar in each house, indicating it was unopposed, and received unanimous votes in all committees. (See Exhibit #2)
The Office of Senate Floor Analyses’ in its Consent Analysis of Assembly Bill 2779, as last amended on April 27, 1988, described the measure as providing “technical changes to the Probate and other codes as cleanup legislation to AB 708 of 1987.” (See Exhibit #8, page 1)
With regard to these technical changes, the Assembly Committee on Judiciary stated the following:
. . . Some of the more significant changes proposed include:
Specifying that a grant of authority to an agent does not authorize an agent to violate a duty under specified other sections of the Probate Code.
Clarifying that a trust may not be modified by an attorney in fact under a power of attorney unless expressly authorized by the trust instruments.
Clarifying that specified provisions of the Probate Code that impose liability in certain circumstances do not permit enforcement of a claim that is barred.
Clarifying that an affidavit to transfer a secured obligation is recordable where the security is located and has the effect of an assigned of the secured obligation.
Providing that this bill is an urgency and is to be operative on July 1 1988.
(See Exhibit #3, page 1)