California 2023-2024 Regular Session Status: Passed Assembly

AB 2148 — Professional fiduciaries.

Last action — In committee: Held under submission.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the Professional Fiduciaries Act, establishes, until January 1, 2028, the Professional Fiduciaries Bureau, within the Department of Consumer Affairs under the supervision and control of the Director of Consumer affairs, and requires the bureau to license and regulate professional fiduciaries. The act defines various terms for these purposes. Existing law makes a violation of specified law, including provisions of the act, an infraction, as specified. Existing law, the Moscone-Knox Professional Corporation Act, defines and regulates professional corporations. The act provides that a professional organization renders professional services that may be lawfully rendered only pursuant to a license, certification, or registration authorized by, among others, the Business and Professions Code pursuant to a certificate of registration issued by the governmental agency regulating the profession, as specified. This bill would, beginning July 1, 2025, require the bureau to issue a certificate of registration to a professional corporation if the professional corporation files certain items with the bureau under penalty of perjury, and would require a professional corporation that has a certificate of registration to annually file those items with the bureau under penalty of perjury. The bill would prohibit a professional corporation from rendering professional services requiring a license under the Professional Fiduciaries Act or acting or holding itself out to the public as an entity acting as a professional fiduciary unless the professional corporation is a registrant under the bill's provisions. The bill would prescribe imposition of fees, as specified. The bill would define various terms for these purposes. The bill would make a violation of these provisions an infraction. By expanding the scope of a crime, this bill would impose a state-mandated local program. Existing law prohibits a superior court from appointing a person to carry out the duties of a professional fiduciary, as defined, unless that person holds a valid, unexpired, and unsuspended license as a professional fiduciary or is exempt from those licensing requirements, as specified. This bill would delete that prohibition and would instead prohibit a superior court from appointing a professional fiduciary, as defined, as a guardian, conservator, or other officer, or permit a professional fiduciary to continue in any of those offices, unless they hold a current, unsuspended license or certificate of registration, as specified. The bill would include in the definition of "professional fiduciary" a professional corporation that receives a certificate of registration pursuant to the provisions described above. The bill would also make technical and conforming changes. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. In committee: Held under submission.

  2. In committee: Referred to APPR suspense file.

  3. From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (July 2). Re-referred to Com. on APPR.

  4. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  5. From committee: Do pass and re-refer to Com. on JUD. (Ayes 11. Noes 0.) (June 17). Re-referred to Com. on JUD.

  6. Referred to Coms. on B., P. & E. D. and JUD.

  7. In Senate. Read first time. To Com. on RLS. for assignment.

  8. Read third time. Passed. Ordered to the Senate. (Ayes 71. Noes 0. Page 5426.)

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 15. Noes 0.) (May 16).

  11. In committee: Set, first hearing. Referred to APPR. suspense file.

  12. From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (April 16). Re-referred to Com. on APPR.

  13. Re-referred to Com. on JUD.

  14. Read second time and amended.

  15. From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 18. Noes 0.) (April 2).

  16. Re-referred to Com. on B. & P.

  17. From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.

  18. Referred to Coms. on B. & P. and JUD.

  19. From printer. May be heard in committee March 8.

  20. Read first time. To print.

Sponsors

  • Low · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Low

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 8000
Unaffiliated 2000
Republican 1000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Wilk — Yea
Roth — Yea
Allen, Benjamin Democratic Yea
Ashby, Angelique V. Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Niello, Roger W. Republican Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Judiciary]

Passed 11 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Democratic 5001
Republican 2000
Total 11002
% of votes cast 85%0%0%15%
How each member voted (13)
Member Party Vote
Eggman — Yea
Glazer — Yea
Wilk — Yea
Roth — Yea
Dodd — Not Voting
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Smallwood-Cuevas, Lola Democratic Yea
Alvarado-Gil, Marie Republican Yea
Niello, Roger W. Republican Yea

Official roll call →

AB 2148 Low Assembly Third Reading

Passed 71 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Democratic 43004
Republican 13001
Unaffiliated 15004
Total 71009
% of votes cast 89%0%0%11%
How each member voted (80)
Member Party Vote
Maienschein — Yea
Rodriguez — Yea
Villapudua — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Wood — Yea
Low — Yea
Waldron — Yea
Santiago — Yea
Holden — Not Voting
Friedman — Not Voting
Mathis — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Not Voting
Vince Fong — Yea
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Not Voting
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Not Voting
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Yea
Dixon, Diane Republican Yea
Essayli, Bill Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Hoover, Josh Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Sanchez, Kate Republican Yea
Ta, Tri Republican Yea
Wallis, Greg Republican Yea

Official roll call →

Do pass.

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 9000
Unaffiliated 3000
Republican 3000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Villapudua — Yea
Jim Patterson — Yea
Wendy Carrillo — Yea
Arambula, Joaquin Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Pellerin, Gail Democratic Yea
Wicks, Buffy Democratic Yea
Dixon, Diane Republican Yea
Sanchez, Kate Republican Yea
Ta, Tri Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 12 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 2000
Democratic 8000
Republican 2000
Total 12000
% of votes cast 100%0%0%0%
How each member voted (12)
Member Party Vote
Maienschein — Yea
Waldron — Yea
Bauer-Kahan, Rebecca Democratic Yea
Bryan, Isaac G. Democratic Yea
Connolly, Damon Democratic Yea
Haney, Matt Democratic Yea
Kalra, Ash Democratic Yea
McKinnor, Tina Democratic Yea
Pacheco, Blanca Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Dixon, Diane Republican Yea
Sanchez, Kate Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on [Judiciary]

Passed 18 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 12000
Republican 5000
Unaffiliated 1000
Total 18000
% of votes cast 100%0%0%0%
How each member voted (18)
Member Party Vote
Low — Yea
Bains, Jasmeet Democratic Yea
Berman, Marc Democratic Yea
Carrillo, Juan Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Nguyen, Stephanie Democratic Yea
Pellerin, Gail Democratic Yea
Soria, Esmeralda Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Yea
Dixon, Diane Republican Yea
Flora, Heath Republican Yea
Sanchez, Kate Republican Yea

Official roll call →

Subjects

public-safety labor
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Frequently asked questions

What does AB 2148 do?
Existing law, the Professional Fiduciaries Act, establishes, until January 1, 2028, the Professional Fiduciaries Bureau, within the Department of Consumer Affairs under the supervision and control of the Director of Consumer affairs, and requires the bureau to license and regulate professional fiduciaries. The act defines various terms for these purposes. Existing law makes a violation of specified law, including provisions of the act, an infraction, as specified. Existing law, the Moscone-Knox Professional Corporation Act, defines and regulates professional corporations. The act provides that a professional organization renders professional services that may be lawfully rendered only pursuant to a license, certification, or registration authorized by, among others, the Business and Professions Code pursuant to a certificate of registration issued by the governmental agency regulating the profession, as specified. This bill would, beginning July 1, 2025, require the bureau to issue a certificate of registration to a professional corporation if the professional corporation files certain items with the bureau under penalty of perjury, and would require a professional corporation that has a certificate of registration to annually file those items with the bureau under penalty of perjury. The bill would prohibit a professional corporation from rendering professional services requiring a license under the Professional Fiduciaries Act or acting or holding itself out to the public as an entity acting as a professional fiduciary unless the professional corporation is a registrant under the bill's provisions. The bill would prescribe imposition of fees, as specified. The bill would define various terms for these purposes. The bill would make a violation of these provisions an infraction. By expanding the scope of a crime, this bill would impose a state-mandated local program. Existing law prohibits a superior court from appointing a person to carry out the duties of a professional fiduciary, as defined, unless that person holds a valid, unexpired, and unsuspended license as a professional fiduciary or is exempt from those licensing requirements, as specified. This bill would delete that prohibition and would instead prohibit a superior court from appointing a professional fiduciary, as defined, as a guardian, conservator, or other officer, or permit a professional fiduciary to continue in any of those offices, unless they hold a current, unsuspended license or certificate of registration, as specified. The bill would include in the definition of "professional fiduciary" a professional corporation that receives a certificate of registration pursuant to the provisions described above. The bill would also make technical and conforming changes. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 2148?
AB 2148 is sponsored by Low.
What is the current status of AB 2148?
This bill died with 2023-2024 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2148?
Track AB 2148 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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