2015 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 2015.

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
Conforming California’s Investment Standard to the Uniform Prudent Management of Institutional Funds Act
(BLS-2015-01)

Conforming California’s Investment Standard to the Uniform Prudent Management of Institutional Funds Act
(BLS-2015-01)
(ADA Version)


Would clarify California law with respect to the investment of funds by California nonprofit public benefit and religious corporations.

Business Law Section (Nonprofit Organizations Committee)
Amends Sections 5240 and 9250 of the Corporations Code
Use of “Chair” and Other Titles under Corporations Code Sections 5039.5, 5213, 7213, 9213, 12228.5 and 12353
(BLS-2015-02)


Use of “Chair” and Other Titles under Corporations Code Sections 5039.5, 5213, 7213, 9213, 12228.5 and 12353
(BLS-2015-02)
(ADA Version)


Would authorize the use of chair, chairperson, chairman and chairwoman as officer titles, and update and correct related definitional sections of the Corporations Code.
Business Law Section (Nonprofit Organizations Committee) Amends Sections 5039.5, 5213, 7213, 9213, 12228.5 and 12353 of the Corporations Code
Revisions to Update California Consumer Cooperative Corporation Law to Add Emergency Powers and Bylaw Provisions
(BLS-2015-03)


Revisions to Update California Consumer Cooperative Corporation Law to Add Emergency Powers and Bylaw Provisions
(BLS-2015-03)
(ADA Version)


Would add emergency powers and bylaw provisions to the California Consumer Cooperative Corporation Law.
Business Law Section (Nonprofit Organizations Committee)
Amends Sections 12320 and 12331 of the Corporations Code
Amendments to California Revised Uniform Limited Liability Company Act (“RULLCA”) and California Revised Uniform Limited Partnership Act (“RULPA”)
(BLS-2015-04)


Amendments to California Revised Uniform Limited Liability Company Act (“RULLCA”) and California Revised Uniform Limited Partnership Act (“RULPA”)
(BLS-2015-04)
(ADA Version)


Would amend RULLCA and RULPA to address ambiguities and inconsistencies and to make further improvements.
Business Law Section (Partnerships and Limited Liability Companies Committee) Amends the California Revised Uniform Limited Liability Company Act (Cal. Corp. Code §§ 17701.01 – 17713.13) and the California Revised Uniform Limited Partnership Act (Cal. Corp. Code §§ 15900 – 15912.07)
Eliminating Disclosures in Default Cases When Service Is by Publication or Posting
(FL-2015-05)

            
Eliminating Disclosures in Default Cases When Service Is by Publication or Posting
(FL-2015-05)
(ADA Version)


Would create an exception to the mandatory financial disclosure rules in dissolution and legal separation matters where service of Summons and Petition was by publication or posting pursuant to court order and the respondent defaults.
Family Law Section
Amends Section 2110 of the Family Code
Attendance Records from Court-Ordered Batterer’s Intervention Programs
(FL-2015-06)


Attendance Records from Court-Ordered Batterer’s Intervention Programs
(FL-2015-06)
(ADA Version)


Would ensure that attendance records from court-ordered batterer’s intervention programs are made available to the court and the protected party.
Family Law Section Amends Section 6343 of the Family Code
Mutual Restraining Orders
(FL-2015-07)

            
Mutual Restraining Orders
(FL-2015-07)
(ADA Version)


Would ensure that when the court is determining whether to issue mutual domestic violence restraining orders, the written evidence of abuse or domestic violence required by Family Code Section 6305 is in the form of a request for Domestic Violence Prevention Act (DVPA) orders, not in the form of an Answer to a request for DVPA orders.
Family Law Section
Amends Section 6305 of the Family Code
Protections for Pets in Restraining Orders
(FL-2015-08)


Protections for Pets in Restraining Orders
(FL-2015-08)
(ADA Version)


Would bring all types of restraining orders in alignment with the protections provided pursuant to the Domestic Violence Prevention Act, by empowering the court to protect companion animals of protected parties in restraining orders issued in juvenile dependency, elder abuse, and civil harassment cases.
Family Law Section Amends Welfare and Institutions Code Sections 213.5 and 15657.03, and Code of Civil Procedure Section 527.6
Service of Preliminary Declarations Of Disclosure
(FL-2015-09)


Service of Preliminary Declarations Of Disclosure
(FL-2015-09)
(ADA Version)


Would amend Family Code Section 2104(f) to add the words “or legal separation” to the list of cases for which Preliminary Declarations of Disclosure must be served within 60 days of the Petition or Response.
Family Law Section Amends Family Code Section 2104
Trustee Property Petition
(T&E-2015-10)


Trustee Property Petition
(T&E-2015-10)
(ADA Version)


Would permit the trustee of a decedent’s revocable trust that is designated as the remainder beneficiary in the decedent’s will to collect specifically identified assets of such remainder upon petition to the probate court, if the limited circumstances provided in the proposed statute all apply to the decedent’s will and trust.
Trusts & Estates Section Adds new Part 3 to Division 8 of the Probate Code, Sections 13750 through 13759
Clarification Regarding Clerk’s Duty to Provide Copy Of Lodged Will
(T&E-2015-11)


Clarification Regarding Clerk’s Duty to Provide Copy Of Lodged Will
(T&E-2015-11)
(ADA Version)

Would clarify that either an “authorized” certified copy or an “informational” certified copy of a death certificate of a decedent permits the bearer to receive a copy of a will that has been lodged with the clerk of the superior court of the county in which the estate of the decedent may be administered
Trusts & Estates Section Amends Probate Code Section 8200