Following are summaries of the bills enacted into law that may affect filings made and business conducted with the Secretary of State's office. Unless otherwise indicated, these measures will take effect on January 1, 2022. To research any legislation or existing law, please refer to the California Legislative Information website.
Chapter 576, Statutes of 2021 (AB 45, Aguiar-Curry)
Takes effect immediately as an urgency statute. Provides that a dietary supplement, food, beverage, cosmetic, or pet food is not adulterated by the inclusion of industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp if those substances meet specified requirements, and prohibits restrictions on the sale of dietary supplements, food, beverages, cosmetics, or pet food that include industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp based solely on the inclusion of those substances. Creates licensing, packaging, labeling and advertising requirements for permissible industrial hemp products distributed or sold in the state.
Chapter 215, Statutes of 2021 (SB 315, Roth)
Requires a revocable transfer on death deed satisfy all the requirements to be effective: 1) signed and dated by the transferor; 2) signed by two witnesses who were present at the same time and who witnessed either the signing of the deed or the transferor’s acknowledgment that the transferor had signed the deed; and 3) the signature of the transferor is acknowledged before a notary public. Requires, after the death of a transferor, that the beneficiary serve notice on the transferor’s heirs.
Establishes new processes for, and add provisions relating to, among other things, the enforceability of unrecorded interests, the personal liability of a beneficiary, calculating a beneficiary’s share of liability, the return of property to an estate by a beneficiary, and contesting the validity of a transfer or revocation, as specified. Under specified circumstances, authorizes a court in which a transferor’s estate is being administered to apply the doctrine of cy pres to reform a revocable TOD deed that was made by the transferor for a charitable purpose. Provides that an error or ambiguity in describing property or designating a beneficiary would not invalidate a revocable TOD deed if the transferor’s intention can be determined by a court.
