Store Research
Assembly Bill 2751 (Kaloogian – 1996)
Chapter 862, Statutes of 1996
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As enacted in 1996, Assembly Bill 2751 amended, added, and repealed numerous sections relating to estates and trusts. (See Exhibit #1e) Assembly member Howard Kaloogian introduced Assembly Bill 2751 on February 22, 1996 at the request of the California State Bar Estate Planning, Trust and Probate Law Section and the California Law Revision Commission (2 sections). (See Exhibits #1a and #7)
Assembly Bill 2751 was assigned to the Assembly Committee on Judiciary where policy issues raised by the bill were considered. (See Exhibit #3) The Assembly made no amendments to Assembly Bill 2751. (See Exhibit #2) Assembly Bill 2751 was approved by the Assembly and forwarded to the Senate on April 22, 1996. (Id.) The Senate Committee on Judiciary considered the policy issues raised by the bill. (See Exhibit #7) Three amendments were made to Assembly Bill 2751 by the Senate, on June 3, June 13, and August 20, 1996. (See Exhibits #1b through #1d and #2) After the Senate and Assembly approved the amendments, Assembly Bill 2751 was signed by Governor Pete Wilson on September 23, 1996. (Id.) It was recorded by the Secretary of State on September 24, 1996 as Chapter 862 of the Statutes of 1996. (See Exhibits #1e and #2)
Assembly Bill 2751, which affected many code sections, was referred to in a State Bar memo as a “mini-omnibus” bill. (See Exhibit #8, document SP-1) The enrolled Bill Report analysis of the Health and Welfare Agency indicated that “AB 2751 is an omnibus clean-up bill intended to improve various probate procedures.” (See Exhibit #14, document PE-7)
The Assembly Committee on Judiciary prepared a Concurrence in Senate Amendments analysis on the August 20, 1996 version of Assembly Bill 2751 that summarized the bill as follows:
Makes technical and clarifying changes in probate, guardianship and conservatorship statutes, as more fully described in the background section of this analysis.
The Senate amendments delete provisions related to the mental capacity of incompetents; to the lawyer's role in determination of competency of the proposed conservatee; to petitions for modification of a spouse's joint revocable trust; to citations of persons believed to have knowledge of estate property; and to remedies under the Elder Abuse and Dependent Adult Civil Protection Act; make clarifying and conforming changes; and delay the operative date of certain provisions until July 1, 1997.
(See Exhibit #12c, page 1)