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Assembly Bill 2652 (McAlister – 1986)

Chapter 820, Statutes of 1986 - AB 2652

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Numerous sections relating to trusts were affected in 1986 following legislative passage of Assembly Bill 2652.  (See Exhibit A, #1f)  Assembly member Alister McAlister introduced Assembly Bill 2652 on January 13, 1986 at the request of the California Law Revision Commission [hereinafter referred to as “the Commission” or “the CLRC”].  (See Exhibit A, #1a; #9, page 7; and #16, document A-2)

After its introduction, the bill was heard by the Assembly Committee on Judiciary and the Assembly Committee on Ways and Means.  (See Exhibit A, #3 and #5)  On the Senate side, the measure was heard before the Senate Committee on Judiciary and the Senate Committee on Appropriations.  (See Exhibit A, #2 and #9)  There were four amendments proposed for Assembly Bill 2652, two from each House.  (See Exhibit A, #1b through #1e and #2)  Subsequent to legislative approval, Assembly Bill 2652 was signed by Governor George Deukmejian on September 14, 1986, and it was recorded by the Secretary of State on September 15, 1986 as Chapter 820 of the Statutes of 1986.  (See Exhibit B, #1f and #2)

According to the bill’s sponsor, the CLRC:

. . . California’s trust law is a patchwork, with various parts largely uncoordinated and antiquated.  A major purpose of this bill is to reorganize and consolidate the scattered provisions of existing laws.  Further, it improves existing law’s operation by eliminating inconsistencies, modernizing language, unifying procedures, and filling gaps in the law where additional guidance is considered useful.  To the extent practicable, the bill seeks to apply the same substantive and procedural rules to living and testamentary trusts.  Many provisions in existing law, particularly recent statutory enactments, have been retained in the bill without substantive change.

(See Exhibit A, #3a, page 8)