Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1646

Introduced by Assembly Member Gallagher

January 12, 2016

An act to amend Section begin delete 15001 end delete begin insert 6402.2 end insert of the begin delete Probate end delete begin insert Business and Professions end insert Code, relating to begin delete trusts. end delete begin insert professions. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1646, as amended, Gallagher. begin delete Trust proceedings. end delete begin insert Legal assistants: continuing education. end insert

begin insert

Existing law defines and regulates the activities of legal document assistants and unlawful detainer assistants, as those terms are defined. Existing law requires a legal document assistant or unlawful detainer assistant to be registered in the county in which his or her principal place of business is located and in which he or she maintains a branch office. Existing law requires that a certificate of registration expire after 2 years, as specified. Existing law requires a registrant, whether a legal document assistant or an unlawful detainer assistant, to complete 15 hours of continuing legal education courses, as specified, as a condition of registration renewal.

end insert begin insert

This bill would delete this continuing legal education requirement for an unlawful detainer assistant.

end insert begin delete

The Trust Law governs the regulation of trusts and proceedings concerning trusts and specifies that its provisions apply to all proceedings concerning trusts commenced on or after July 1, 1987. The law also applies to proceedings concerning trusts commenced before July 1, 1987, except under specified circumstances.

end delete begin delete

This bill would make technical, nonsubstantive changes to those provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 6402.2 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

6402.2.  

To be eligible to renew registration under this chapter,
begin delete the registrant end delete begin insert a legal document assistant end insert shall complete 15 hours
of continuing legal education courses, which meet the requirements
of Section 6070, during the two-year period preceding renewal.

begin delete

SECTION 1.  

Section 15001 of the Probate Code is amended
to read:

15001.  

Except as otherwise provided by statute:

(a) This division applies to all trusts regardless of whether they
were created before, on, or after July 1, 1987.

(b) This division applies to all proceedings concerning trusts
that are commenced on or after July 1, 1987.

(c) This division applies to all proceedings concerning trusts
commenced before July 1, 1987, unless, in the opinion of the court,
application of a particular provision of this division would
substantially interfere with the effective conduct of the proceedings
or the rights of the parties and other interested persons, in which
case the particular provision of this division does not apply and
prior law applies.

end delete