2014 Legislative Proposals

The following are legislative proposals developed by various Sections and/or Committees of the State Bar for possible introduction in the California Legislature in 2014.

For information concerning these proposals contact:

  • the person(s) named on the individual proposals;
  • Saul Bercovitch, Legislative Counsel, Office of Governmental Affairs; or
  • Mark Weideman, Legislative Representative for the State Bar Sections.

Title & Brief Description Sponsor Code §§ Affected
Revisions to Update California Corporations Code Regarding Mergers (the “50/90 Rule”)
(BLS-2014-01)


Revisions to Update California Corporations Code Regarding Mergers (the “50/90 Rule”)
(BLS-2014-01)
(ADA Version)


Would amend Section 1101 of the Corporations Code to (i) eliminate redundancy with respect to the definition of short-form mergers, (ii) clarify that the additional shareholder approval requirements relating to certain types of merger transactions do not apply to arm’s length transactions, and (iii) revise these additional shareholder approval requirements to require “a majority of the minority” approval rather than unanimous approval.
Business Law Section (Corporations Committee) Amends § 1101 of the Corporations Code
Definition of a Director under California Corporations Code Section 5047
(BLS-2014-02)


Definition of a Director under California Corporations Code Section 5047
(BLS-2014-02)
(ADA Version)


Would further clarify the definition of a director under Corporations Code Section 5047 for purposes of the California Nonprofit Corporation Law.


Business Law Section (Nonprofit Organizations Committee) Amends § 5047 of the Corporations Code
Proposal to Re-enact Family Code Section 4326 Regarding Termination of Child Support as a Change of Circumstances
(FL-2014-03)


Proposal to Re-enact Family Code Section 4326 Regarding Termination of Child Support as a Change of Circumstances
(FL-2014-03)
(ADA Version)


Would re-enact Family Code Section 4326, which currently contains a sunset provision under which the statue will remain in effect only until January 1, 2014.


Family Law Section
Adds § 4362 to the Family Code
Proposal to Revise Probate Code Section 8200 (Duties of Custodian of a Will)
(T&E-2014-04)

Proposal to Revise Probate Code Section 8200 (Duties of Custodian of a Will)
(T&E-2014-04)
(ADA Version)


Would authorize the custodian of a will to either lodge the decedent’s will, as per the existing statute, or in the alternate to deliver the will to the executor, or if the executor’s whereabouts are not known to a person named in the will as a beneficiary, with the statutory fee for lodging the will to be reimbursable from the estate as an expense of administration.
Trusts & Estates Section Amends § 8200 of the Probate Code