2017 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 2017.

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 DescriptionSponsorCode §§ Affected
Creating Emergency Jurisdiction for Custody and Visitation Issues When a Change of Venue Has Been Ordered but Not Perfected
(FL-2017-01)

Would create emergency jurisdiction for child custody and visitation issues when a case has been approved for a change of venue but jurisdiction has not been perfected in the new venue, thereby filling a void in the law that can result in a denial of access to justice because of a procedural quirk that leaves a case in limbo.
 		Family Law Section
 		Amends Section 399 of the Code of Civil Procedure
 
Revisions to Remedy Inconsistencies in Probate Code Resulting from Recent Case Law, Eliminate Ambiguity, and Correct an Omission
(TE-2017-02)

Would 1) remedy inconsistencies that have arisen in a statutory scheme designed to protect vulnerable members of society, thereby eliminating harm to victims and preventing confusion; 2) eliminate ambiguity; and 3) correct an omission.
 		Trusts and Estates Section
 		Amends Probate Code Section 21380 et seq.
 
Updating California’s Uniform Testamentary Additions to Trusts Act
(TE-2017-03)

Would conform California law with the Uniform Testamentary Additions to Trusts Act to permit a decedent to validly devise property to a trustee where the terms of the trust are set forth in an instrument executed after the decedent’s will is executed, as well as where those terms are set forth in an instrument executed before or concurrently with the decedent’s will, thereby eliminating the possibility for a technicality to thwart the intention of the decedent.
 		Trusts & Estates Section

 		Amends Probate Code Section 6300
Commencement of Discovery and Enhanced Notice in Probate Proceedings
(TE-2017-04)

Would 1) bring greater conformity to the timing rules for commencement of discovery in trust and estate proceedings and civil proceedings; and 2) provide enhanced notice in proceedings brought to determine rights and claims to property in the control or possession of an estate or another party, thereby eliminating a potential due process issue.
 		Trusts & Estates Section
 		Amends Probate Code Sections 851 and 1000

 
Providing a Legal Path for the Windup of a California Corporation That Has Been Liquidated under a Chapter 11 Plan Approved by a Bankruptcy Court
(BLS-2017-05)

Would provide a legal path for the windup of a California corporation that has been liquidated under a Chapter 11 plan approved by a bankruptcy court, thereby eliminating the inefficiencies and waste that result when a corporate shell remains “on the books” of many California state agencies, including the Secretary of State and the Franchise Tax Board.
 		Business Law Section (Insolvency Law Committee)


 		Amends Section 1401 of and adds Section 1905.2 to the Corporations Code