Bill Text: CA SB1387 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: South Coast Air Quality Management District board.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2016-09-01 - From Assembly without further action. [SB1387 Detail]

Download: California-2015-SB1387-Introduced.html

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BILL NUMBER: SB 1387	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator De León

                        FEBRUARY 19, 2016

   An act to amend Section 13104 of the Probate Code, relating to
probate.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1387, as introduced, De León. Collection or transfer of
personal property: affidavit procedure.
   Existing law requires, in order to collect money, receive tangible
personal property, or have evidences of a debt, obligation,
interest, right, security, or chose in action transferred under
specified provisions, an affidavit or a declaration under penalty of
perjury to be furnished to the holder of the decedent's property
stating certain information. Existing law requires reasonable proof
of the identity of each person executing the affidavit or declaration
to be provided to the holder of the decedent's property, and
authorizes the holder to, if the affidavit or declaration is executed
in the presence of the holder, reasonably rely on specified
information as reasonable proof of identity, including a passport
issued by a foreign government that has been stamped by the United
States Immigration and Naturalization Service, as specified.
   This bill would make nonsubstantive, technical changes to those
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 13104 of the Probate Code is amended to read:
   13104.  (a) Reasonable proof of the identity of each person
executing the affidavit or declaration shall be provided to the
holder of the decedent's property.
   (b) Reasonable proof of identity is provided for the purposes of
this section if both of the following requirements are satisfied:
   (1) The person executing the affidavit or declaration is
personally known to the holder.
   (2) The person executes the affidavit or declaration in the
presence of the holder.
   (c) If the affidavit or declaration is executed in the presence of
the holder, a written statement under penalty of perjury by a person
personally known to the holder affirming the identity of the person
executing the affidavit or declaration is reasonable proof of
identity for the purposes of this section.
   (d) If the affidavit or declaration is executed in the presence of
the holder, the holder may reasonably rely on any of the following
as reasonable proof of identity for the purposes of this section:
   (1) An identification card or driver's license issued by the
Department of Motor Vehicles  of this state  that is
current or was issued during the preceding five years.
   (2) A passport issued by the  United States  Department
of State  of the United States  that is current or
was issued during the preceding five years.
   (3) Any of the following documents if the document is current or
was issued during the preceding five years and contains a photograph
and description of the person named on it, is signed by the person,
and bears a serial or other identifying number:
   (A) A passport issued by a foreign government that has been
stamped by the United States  Immigration and Naturalization
Service.   Customs and Border Protection. 
   (B) A driver's license issued by a state other than California.
   (C) An identification card issued by a state other than
California.
   (D) An identification card issued by any branch of the armed
forces of the United States.
   (e) For the purposes of this section, a notary public's
certificate of acknowledgment identifying the person executing the
affidavit or declaration is reasonable proof of identity of the
person executing the affidavit or declaration.
   (f) Unless the affidavit or declaration contains a notary public's
certificate of acknowledgment of the identity of the person, the
holder shall note on the affidavit or declaration either that the
person executing the affidavit or declaration is personally known or
a description of the identification provided by the person executing
the affidavit or declaration.