California 2009-2010 Regular Session Status: To Executive

SB 308 — Professional fiduciaries: donative transfers.

Last action — Chaptered by Secretary of State. Chapter 348, Statutes of 2009.

  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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, the Professional Fiduciaries Act, defines professional fiduciaries required to be licensed by the Professional Fiduciaries Bureau within the Department of Consumer Affairs as a person who acts as a conservator or guardian for 2 or more persons who are related to the professional fiduciary or each other, or a person who acts as a trustee or agent under a durable power of attorney for more than 3 people or families who are not related to the professional fiduciary. This bill would specify how individuals are counted to determine whether a person is a professional fiduciary, including that individuals related to the fiduciary would not be counted and individuals or trustors who are related to each other would be counted as one individual. (2) Existing law, effective January 1, 2010, in relation to wills, trusts, and other instruments, defines and regulates no contest clauses. Existing law limits the application of a no contest clause to specific contests and provides that a no contest clause may be enforced against a direct contest only when it is brought without probable cause. Former law exempted certain contests from the enforcement of the no contest clause under specified circumstances, including if there was reasonable cause to believe that instrument had been revoked. Former law also permitted a beneficiary to apply to a court for a determination of whether a particular motion, petition, or other act by the beneficiary would be a contest within the terms of a no contest clause. This bill would make conforming changes to clarify under what circumstances the former law would apply. (3) Existing law provides for a decedent's property to be distributed through intestate succession when the decedent dies without a will, trust, or other instrument based on the degree of kinship. Existing law prohibits certain property transactions between certain court officials or employees or their relatives and guardians or conservators based on the lineal or collateral consanguinity of the person to the court official or employee. Existing law requires a guardian or conservator, when engaging in certain property transactions, or when seeking approval for certain acts, with the guardians or conservator's family members, based on lineal or collateral consanguinity, to disclose that relationship to the court upon a petition for approval. This bill would define the degree of kinship or consanguinity for the purpose of these provisions.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 348, Statutes of 2009.

  2. Approved by Governor.

  3. Enrolled. To Governor at 11 a.m.

  4. Ordered held in Engrossing and Enrolling.

  5. Returned by the Governor at the request of the Senate.

  6. Enrolled. To Governor at 10 a.m.

  7. Senate concurs in Assembly amendments. (Ayes 39. Noes 0. Page 1924.) To enrollment.

  8. To Special Consent Calendar.

  9. In Senate. To unfinished business.

  10. Read third time. Passed. (Ayes 76. Noes 0. Page 2617.) To Senate.

  11. Read second time. To Consent Calendar.

  12. (Heard in committee on July 15.)

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

  14. (Heard in committee on June 30.)

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

  16. (Heard in committee on June 23.)

  17. From committee: Do pass, but first be re-referred to Com. on B. & P. with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) Re-referred to Com. on B. & P.

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

  19. To Coms. on JUD. and B. & P.

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

  21. Read third time. Passed. (Ayes 37. Noes 0. Page 623.) To Assembly.

  22. To Special Consent Calendar.

  23. Read second time. To third reading.

  24. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  25. Set for hearing April 20.

  26. From committee: Do pass, but first be re-referred to Com. on APPR with recommendation: To Consent Calendar. (Ayes 5. Noes 0. Page 383.) Re-referred to Com. on APPR.

  27. Set for hearing March 31.

  28. To Com. on JUD.

  29. From print. May be acted upon on or after March 28.

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

Sponsors

  • Harman · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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 #15 SB308 Harman

Passed 40 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 37001
Democratic 2000
Republican 1000
Total 40001
% of votes cast 98%0%0%2%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Harman — Yea
Hollingsworth — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Kehoe — Yea
Leno — Yea
Corbett — Yea
Liu — Yea
McLeod — Yea
Alquist — Yea
Ashburn — Yea
Benoit — Yea
Correa — Yea
Ducheny — Yea
Dutton — Yea
Oropeza — Yea
Pavley — Not Voting
Price — Yea
Romero — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Yea
Aanestad — Yea
Huff — Yea
Maldonado — Yea
Simitian — Yea
Wolk — Yea
Wright — Yea
Cedillo — Yea
Cogdill — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 308 Harman Consent Calendar Second Day Regular Session

Passed 88 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 82003
Democratic 3000
Republican 3000
Total 88003
% of votes cast 97%0%0%3%
How each member voted (91)
Member Party Vote
Hall — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Coto — Yea
Davis — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Evans — Yea
Feuer — Yea
Fuller — Yea
Charles — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Harkey — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hayashi — Yea
Hill — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Anderson — Yea
Blakeslee — Yea
Duvall — Yea
Huber — Yea
Jeffries — Yea
Krekorian — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
Saldana — Not Voting
Cook — Not Voting
Yamada — Yea
Nielsen — Yea
Silva — Yea
Skinner — Yea
Smyth — Not Voting
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Ammiano — Yea
Bass — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Knight — Yea
Lieu — Yea
Ma — Yea
Nava — Yea
Ruskin — Yea
Torres — Yea
Villines — Yea
Emmerson — Yea
DeVore — Yea
Fuentes — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 19000
Democratic 1000
Republican 1000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Hall — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Harkey — Yea
Duvall — Yea
Solorio — Yea
Ammiano — Yea
Miller — Yea
Nielsen — Yea
Skinner — Yea
Torlakson — Yea
Coto — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Special Consent #1 SB308 Harman

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 34002
Democratic 3000
Republican 1000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Corbett — Yea
Benoit — Yea
Wyland — Yea
Negrete — Yea
Runner — Yea
Hancock — Yea
Harman — Not Voting
Huff — Yea
Correa — Yea
Kehoe — Yea
Liu — Yea
Maldonado — Yea
McLeod — Yea
Oropeza — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Ducheny — Not Voting
Dutton — Yea
Wiggins — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Ashburn — Yea
Hollingsworth — Yea
Leno — Yea
Pavley — Yea
Wolk — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

finance civil-rights labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 308 do?
(1) Existing law, the Professional Fiduciaries Act, defines professional fiduciaries required to be licensed by the Professional Fiduciaries Bureau within the Department of Consumer Affairs as a person who acts as a conservator or guardian for 2 or more persons who are related to the professional fiduciary or each other, or a person who acts as a trustee or agent under a durable power of attorney for more than 3 people or families who are not related to the professional fiduciary. This bill would specify how individuals are counted to determine whether a person is a professional fiduciary, including that individuals related to the fiduciary would not be counted and individuals or trustors who are related to each other would be counted as one individual. (2) Existing law, effective January 1, 2010, in relation to wills, trusts, and other instruments, defines and regulates no contest clauses. Existing law limits the application of a no contest clause to specific contests and provides that a no contest clause may be enforced against a direct contest only when it is brought without probable cause. Former law exempted certain contests from the enforcement of the no contest clause under specified circumstances, including if there was reasonable cause to believe that instrument had been revoked. Former law also permitted a beneficiary to apply to a court for a determination of whether a particular motion, petition, or other act by the beneficiary would be a contest within the terms of a no contest clause. This bill would make conforming changes to clarify under what circumstances the former law would apply. (3) Existing law provides for a decedent's property to be distributed through intestate succession when the decedent dies without a will, trust, or other instrument based on the degree of kinship. Existing law prohibits certain property transactions between certain court officials or employees or their relatives and guardians or conservators based on the lineal or collateral consanguinity of the person to the court official or employee. Existing law requires a guardian or conservator, when engaging in certain property transactions, or when seeking approval for certain acts, with the guardians or conservator's family members, based on lineal or collateral consanguinity, to disclose that relationship to the court upon a petition for approval. This bill would define the degree of kinship or consanguinity for the purpose of these provisions.
Who sponsors SB 308?
SB 308 is sponsored by Harman.
What is the current status of SB 308?
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 308?
Track SB 308 free on One Click Politics — get push/email alerts when it moves.

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