Store Research
SENATE BILL 716 (ROBERTI – 1991)
CHAPTER 1026, STATUTES OF 1991, SB 716
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Former Civil Code sections 5103, 5125 and 5125.1, precursors to current Family Code sections 721 and 1100, et seq., were amended in 1991 following legislative approval of Senate Bill 716. (See Exhibit A, #1e) Senator David Roberti introduced the measure on March 6, 1991 on behalf of the Coalition for Family Equity. (See Exhibit A, #1a, #3, and #12, document A 16)
Senate Bill 716 was heard in the Senate and Assembly Committees on Judiciary for consideration of the policy issues raised by the bill. (See Exhibit A, #3 and #7) The bill was amended three times, once in the Senate and twice in the Assembly. (See Exhibit A, #1b through #1d and #2) After approval by the Legislature, the measure was forwarded to the Governor on September 26, 1991. (See Exhibit A, #2) Governor Pete Wilson approved the bill on October 13, 1991, and it was recorded by the Secretary of State on October 14, 1991 as Chapter 1026 of the Statutes of that year. (See Exhibit A, #1e and #2)
A description of Senate Bill 716 as last amended was provided in the Unfinished Business analysis of the Office of Senate Floor Analyses as follows:
. . . This bill provides that the rules applicable to transactions between spouses relating to the use of community property be analogous to those governing fiduciary relationship of nonmarital business partners.
This bill also provides specific remedies for spouses who have suffered impairment due to a breach of a fiduciary duty.
Assembly Amendments (1) recast when a spouse may make a gift of community property and (2) make clarifying changes.
(See Exhibit A, #11, page 1)