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ASSEMBLY BILL 3893 (HARRIS � 1988)

CHAPTER 1006, STATUTES OF 1988, AB 3893

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Civil Code sections 2941 and 2941.5 were amended in 1988 following legislative passage of Assembly Bill 3893, which affected only these two sections. (See Exhibit #1f) This bill was introduced by Assembly member Elihu M. Harris on February 18, 1988 at the request of the California Attorney General. (See Exhibits #1a and #3, page 2)

Assembly Bill 3893 was heard by the Assembly Committee on Judiciary, which passed it unanimously as a “Consent” item. (See Exhibits #2 through #4, document AP 5) On the Senate side, the Committee on Judiciary considered the measure, which also passed it unanimously as a “Consent” item. (See Exhibits #2, #6, and #7) To be on “Consent” a bill must be unopposed.

Following four amendments, two in the Assembly and two in the Senate, Assembly Bill 3893 was unanimously passed by both Houses of the Legislature. (See Exhibits #1b through #1e and #2) Governor George Deukmejian signed the bill on September 20, 1988 and the Secretary of State then recorded the measure on that date as Chapter 1006 of the Statutes of 1988. (See Exhibits #1f and #2)

The Office of Senate Floor Analyses prepared a “Consent to Third Reading” analysis of Assembly Bill 3893 as last amended describing the measure as follows:

. . . This bill would permit title insurance companies to execute and record a release of obligation when a trustee or mortgagee has failed to execute and record a reconveyance or discharge of obligation after a deed of trust or mortgage has been paid in full.
(Exhibit #8, page 1)