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SENATE BILL 1407 (KUEHL – 2004)

CHAPTER 119, STATUTES OF 2004, SB 1407

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Family Code section 2640 was amended in 2004 following legislative approval of Senate Bill 1407, introduced on February 19, 2004 by Senator Sheila Kuehl.  (See Exhibits #1a and #1d)  She carried this bill for the Family Law Section of the State Bar of California and the Sacramento County Bar Association.  (See Exhibits #3, page 2, and #8, page 1)  Senate Bill 1407 was a single-section bill that proposed only to affect section 2640.  (See Exhibits #1a through #1d)

Senate Bill 1407 was assigned to the Senate Committee on Judiciary and the Assembly Committee on Judiciary where policy issues raised by the bill were considered.  (See Exhibits #3 and #6) Two amendments were made to Senate Bill 1407.  (See Exhibits #1b, #1c, and #2)  Subsequent to legislative approval, Governor Arnold Schwarzenegger signed Senate Bill 1407 on July 7, 2004, and it was recorded by the Secretary of State as Chapter 119 of the Statutes of 2004.  (See Exhibits #1d and #2)

The Office of Senate Floor Analyses produced an Unfinished Business analysis of Senate Bill 1407 as last amended that described the bill as follows:

DIGEST: This bill allows reimbursement for a persons separate property contributions of one spouse to the other spouses separate property estate, unless there is a written waiver of the right to reimbursement ergo making the contribution a gift. The proposed right to reimbursement will be without interest or adjustment for change in monetary values.
(See Exhibit #8, page 1)