California 2009-2010 Regular Session Status: To Executive

SB 202 — Trustees: duties.

Last action — Chaptered by Secretary of State. Chapter 621, Statutes of 2010.

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

This bill died with 2009-2010 Regular Session. It reached “To Executive” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) Existing law regulates the administration of trusts by trustees on behalf of beneficiaries. Existing law provides that, if the principal of a trust does not exceed $20,000 in value, the trustee has the power to terminate the trust. This bill would provide, instead, that a trustee has the power to terminate a trust if the principal does not exceed $40,000 in value. (2) Existing law provides that the trustee shall provide the beneficiary, upon reasonable request, information about the assets, liabilities, receipts and disbursements of the trust, acts of the trustee, and the administration of the trust relevant to the beneficiary's interest. Existing law also allows the trust instrument to waive the report, as provided. This bill would instead provide that on reasonable request the trustee shall report to the beneficiary information relating to the administration of the trust, and on request of the beneficiary the trustee shall provide the terms of the trust, unless it is during the period when a revocable trust can be revoked, as provided, or if the beneficiary and the trustee are the same person. This bill would allow a beneficiary or trustee to petition the court to determine the existence of a trust if a trustee has failed to report the requested information within 60 days after written request. This bill would also require a court to compel the trustee to account, regardless of waiver by a beneficiary, upon a showing that it is reasonably likely that a material breach of the trust has occurred and would provide when a waiver is void as against public policy. The bill would permit the court, on its own motion, to set and give notice of an order to show cause why a trustee who is a professional fiduciary, as provided, should not be removed for failing to hold a valid, unexpired, unsuspended license. (3) Existing law requires, when a revocable trust or any portion of a revocable trust becomes irrevocable, as provided, the trustee to provide a copy of the trust to any beneficiary who requests it and to any heir of a deceased settlor who requests it. Existing law also requires a trustee to serve a notification, as provided, to specified persons including each beneficiary of an irrevocable trust, each heir of the deceased settlor, and to the Attorney General if the trust is a charitable trust. This bill would revise and recast these provisions to require the trustee to provide a true and complete copy of the terms of an irrevocable trust, or the irrevocable portion of the trust, to any beneficiary or heir of a deceased settlor who requests it, as provided, including when the power of appointment is effective or lapses upon the death of a settlor, except as provided, to any beneficiary whenever there is a change of trustee of an irrevocable trust, and if the trust is a charitable trust subject to the supervision of the Attorney General, to the Attorney General, as provided. This bill would also specify that the duty to serve the notification by the trustee is the duty of the continuing or successor trustee.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 621, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 4 p.m.

  4. Senate concurs in Assembly amendments. (Ayes 34. Noes 0. Page 4948.) To enrollment.

  5. To Special Consent Calendar.

  6. From committee: That the Assembly amendments be concurred in. (Ayes 4. Noes 0. Page 4806.)

  7. Set for hearing August 23.

  8. From committee: Be re-referred to Com. on JUD. (Ayes 4. Noes 0. Page 4565.) Re-referred to Com. on JUD.

  9. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.

  10. In Senate. To unfinished business.

  11. Read third time. Passed. (Ayes 74. Noes 0. Page 6234.) To Senate.

  12. Read third time. Amended. (Page 6173.) To third reading.

  13. From Consent Calendar to third reading.

  14. Read second time. To Consent Calendar.

  15. (Heard in committee on June 22.)

  16. From committee: Do pass. To Consent Calendar. (Ayes 10. Noes 0.)

  17. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.

  18. (Heard in committee on May 28.)

  19. From committee: Be re-referred to Com. on JUD. (Ayes 9. Noes 0.) Re-referred to Com. on JUD.

  20. Re-referred to Com. on RULES.

  21. Read third time. Amended. (Page 5253.)

  22. From inactive file to third reading file.

  23. Notice of motion to remove from inactive file given by Assembly Member Ma.

  24. Placed on inactive file on request of Assembly Member Krekorian.

  25. Read second time. To third reading.

  26. (Received by Desk on August 28 pursuant to Joint Rule 61(a)(11).)

  27. (Heard in committee on August 27.)

  28. From committee: Do pass. (Ayes 16. Noes 1.)

  29. Set, first hearing. Referred to APPR. suspense file.

  30. Read second time. Amended. Re-referred to Com. on APPR.

  31. (Heard in committee on June 30.)

  32. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 10. Noes 0.)

  33. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B. & P.

  34. To Com. on B. & P.

  35. In Assembly. Read first time. Held at Desk.

  36. Read third time. Passed. (Ayes 33. Noes 0. Page 925.) To Assembly.

  37. Read second time. Amended. To third reading.

  38. From committee: Do pass as amended. (Ayes 13. Noes 0. Page 848.)

  39. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

  40. Set for hearing May 11.

  41. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 10. Noes 0. Page 675.) Re-referred to Com. on APPR.

  42. Set for hearing April 27.

  43. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B., P. & E.D.

  44. Set, first hearing. Testimony taken. Further hearing to be set.

  45. Set for hearing April 20.

  46. To Com. on B., P. & E.D.

  47. From print. May be acted upon on or after March 26.

  48. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Harman · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Harman

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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Special Consent #32 SB202 Harman

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Democratic 2000
Republican 0001
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Corbett — Yea
Ducheny — Yea
Ashburn — Yea
Blakeslee — Yea
Dutton — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Florez — Not Voting
Hancock — Yea
Hollingsworth — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
Oropeza — Not Voting
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Not Voting
Aanestad — Yea
Alquist — Yea
Harman — Yea
McLeod — Yea
Price — Yea
Wolk — Yea
Wright — Yea
Cogdill — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

SB 202 Harman Senate Third Reading By TRAN

Passed 85 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 80005
Republican 3000
Democratic 2001
Total 85006
% of votes cast 93%0%0%7%
How each member voted (91)
Member Party Vote
Evans — Yea
Fuentes — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fuller — Yea
Yamada — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Chesbro — Yea
Carter — Yea
Bill — Yea
Tom — Yea
Anderson — Yea
Beall — Yea
Block — Yea
Furutani — Yea
Charles — Not Voting
Garrick — Yea
Conway — Yea
Bass — Not Voting
Coto — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Huber — Yea
Huffman — Yea
Knight — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Norby — Not Voting
Ruskin — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Ammiano — Yea
Blakeslee — Not Voting
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Silva — Yea
Solorio — Yea
Torres — Yea
Villines — Yea
Cook — Yea
Eng — Yea
Feuer — Yea
Davis — Not Voting
DeVore — Yea
Galgiani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 9000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Saldana — Yea
Evans — Yea
Hagman — Yea
Huffman — Yea
Monning — Yea
Tran — Yea
Brownley — Yea
Knight — Yea
Feuer — Yea
Jones, Brian W. Republican Yea

Official roll call →

Be referred to Committee on Judiciary.

Passed 9 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9001
Democratic 0001
Total 9002
% of votes cast 82%0%0%18%
How each member voted (11)
Member Party Vote
Saldana — Not Voting
Hagman — Yea
Hill — Yea
Lieu — Yea
Mendoza — Yea
Nielsen — Yea
Adams — Yea
Skinner — Yea
Torlakson — Yea
Beth Gaines — Yea
Caballero, Anna M. Democratic Not Voting

Official roll call →

Do pass.

Passed 21 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 19100
Democratic 1000
Republican 1000
Total 21100
% of votes cast 95%5%0%0%
How each member voted (22)
Member Party Vote
Conway — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Fuentes — Yea
Hall — Yea
Miller — Nay
Nielsen — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Harkey — Yea
Hill — Yea
Coto — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Senate 3rd Reading SB202 Harman

Passed 34 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 31005
Democratic 2001
Republican 1000
Total 34006
% of votes cast 85%0%0%15%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Not Voting
Cogdill — Yea
Wyland — Yea
Corbett — Yea
Ducheny — Yea
Dutton — Yea
Hancock — Yea
Hollingsworth — Not Voting
Huff — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Oropeza — Yea
Negrete — Yea
Runner — Yea
Alquist — Yea
Benoit — Yea
Romero — Not Voting
Simitian — Yea
Walters — Yea
Wiggins — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Ashburn — Yea
Harman — Yea
Kehoe — Yea
Maldonado — Yea
Pavley — Not Voting
Steinberg — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Not Voting
Calderon, Lisa Democratic Not Voting
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Wyland — Yea
Runner — Yea
Hancock — Yea
Kehoe — Yea
Leno — Yea
Oropeza — Yea
Wolk — Yea
Walters — Yea
Corbett — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea

Official roll call →

Do pass, but re-refer to the Committee on Appropriations.

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Yee — Yea
Corbett — Yea
Wyland — Yea
Negrete — Yea
McLeod — Yea
Oropeza — Yea
Aanestad — Yea
Romero — Yea
Walters — Yea
Correa — Yea
Florez — Yea

Official roll call →

Subjects

finance
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Frequently asked questions

What does SB 202 do?
(1) Existing law regulates the administration of trusts by trustees on behalf of beneficiaries. Existing law provides that, if the principal of a trust does not exceed $20,000 in value, the trustee has the power to terminate the trust. This bill would provide, instead, that a trustee has the power to terminate a trust if the principal does not exceed $40,000 in value. (2) Existing law provides that the trustee shall provide the beneficiary, upon reasonable request, information about the assets, liabilities, receipts and disbursements of the trust, acts of the trustee, and the administration of the trust relevant to the beneficiary's interest. Existing law also allows the trust instrument to waive the report, as provided. This bill would instead provide that on reasonable request the trustee shall report to the beneficiary information relating to the administration of the trust, and on request of the beneficiary the trustee shall provide the terms of the trust, unless it is during the period when a revocable trust can be revoked, as provided, or if the beneficiary and the trustee are the same person. This bill would allow a beneficiary or trustee to petition the court to determine the existence of a trust if a trustee has failed to report the requested information within 60 days after written request. This bill would also require a court to compel the trustee to account, regardless of waiver by a beneficiary, upon a showing that it is reasonably likely that a material breach of the trust has occurred and would provide when a waiver is void as against public policy. The bill would permit the court, on its own motion, to set and give notice of an order to show cause why a trustee who is a professional fiduciary, as provided, should not be removed for failing to hold a valid, unexpired, unsuspended license. (3) Existing law requires, when a revocable trust or any portion of a revocable trust becomes irrevocable, as provided, the trustee to provide a copy of the trust to any beneficiary who requests it and to any heir of a deceased settlor who requests it. Existing law also requires a trustee to serve a notification, as provided, to specified persons including each beneficiary of an irrevocable trust, each heir of the deceased settlor, and to the Attorney General if the trust is a charitable trust. This bill would revise and recast these provisions to require the trustee to provide a true and complete copy of the terms of an irrevocable trust, or the irrevocable portion of the trust, to any beneficiary or heir of a deceased settlor who requests it, as provided, including when the power of appointment is effective or lapses upon the death of a settlor, except as provided, to any beneficiary whenever there is a change of trustee of an irrevocable trust, and if the trust is a charitable trust subject to the supervision of the Attorney General, to the Attorney General, as provided. This bill would also specify that the duty to serve the notification by the trustee is the duty of the continuing or successor trustee.
Who sponsors SB 202?
SB 202 is sponsored by Harman.
What is the current status of SB 202?
This bill died with 2009-2010 Regular Session. It reached “To Executive” 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 SB 202?
Track SB 202 free on One Click Politics — get push/email alerts when it moves.

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