California 2009-2010 Regular Session Status: To Executive

SB 1038 — Powers of attorney: duties.

Last action — Chaptered by Secretary of State. Chapter 48, 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

The Power of Attorney Law creates various duties and requires an attorney-in-fact to observe the standard of care that would be observed by a prudent person dealing with property of another, or if an attorney-in-fact has special skills he or she shall observe the standard of care that would be observed by others with similar skills. However, existing law provides that an attorney-in-fact is not liable for a loss to the principal's property if he or she is not compensated, unless the loss results from his or her bad faith, intentional wrongdoing, or gross negligence. This bill would delete the latter provision. The bill would provide that if the attorney-in-fact breaches a duty pursuant to the Power of Attorney Law he or she is chargeable with interest for any loss or depreciation in value of the property, any profit made through the breach, or any profit that would have accrued to the principal if the loss or profit is a result of the breach. This bill would allow the court, in its discretion, to excuse the attorney-in-fact if he or she acted reasonably and in good faith, or if the court finds that an attorney-in-fact acted in bad faith, he or she would be held liable for twice the value of the property recovered.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 48, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 2 p.m.

  4. In Senate. To enrollment.

  5. Read third time. Passed. (Ayes 75. Noes 0. Page 5746.) To Senate.

  6. Read second time. To Consent Calendar.

  7. (Heard in committee on June 15.)

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

  9. To Com. on JUD.

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

  11. Read third time. Passed. (Ayes 31. Noes 0. Page 3519.) To Assembly.

  12. Read second time. To Consent Calendar.

  13. From committee: Do pass. To Consent Calendar. (Ayes 4. Noes 0. Page 3444.)

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

  15. Set for hearing May 4.

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

  17. To Com. on JUD.

  18. From print. May be acted upon on or after March 15.

  19. 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

SB 1038 Harman Consent Calendar Second Day Regular Session

Passed 87 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 82003
Republican 2001
Democratic 3000
Total 87004
% of votes cast 96%0%0%4%
How each member voted (91)
Member Party Vote
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
Feuer — Yea
Fuller — Yea
Furutani — Yea
Garrick — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Knight — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Norby — Yea
Ruskin — Yea
Skinner — Not Voting
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Tom — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Ammiano — Yea
Bass — Yea
Block — Yea
Adams — Yea
Anderson — Yea
Beall — Yea
Blakeslee — Not Voting
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Silva — Not Voting
Solorio — Yea
Torres — Yea
Villines — Yea
Eng — Yea
Evans — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Fuentes — 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 Yea
Jones, Brian W. Republican Not Voting
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
Unaffiliated 9000
Republican 1000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Feuer — Yea
Hagman — Yea
Brownley — Yea
Huffman — Yea
Monning — Yea
Nava — Yea
Tran — Yea
Knight — Yea
Evans — Yea
Jones, Brian W. Republican Yea

Official roll call →

Consent Calendar 2nd SB1038 Harman

Passed 32 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 30006
Republican 1000
Democratic 1001
Total 32007
% of votes cast 82%0%0%18%
How each member voted (39)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Not Voting
Corbett — Not Voting
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Harman — Yea
Hollingsworth — Yea
Ducheny — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Alquist — Yea
Dutton — Yea
Oropeza — Not Voting
Price — Yea
Romero — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Aanestad — Yea
Ashburn — Yea
Huff — Yea
Pavley — Yea
Simitian — Yea
Walters — Yea
Wright — Not Voting
Cedillo — Yea
Cogdill — Yea
Correa — Yea
Cox — Not Voting
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

finance
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Frequently asked questions

What does SB 1038 do?
The Power of Attorney Law creates various duties and requires an attorney-in-fact to observe the standard of care that would be observed by a prudent person dealing with property of another, or if an attorney-in-fact has special skills he or she shall observe the standard of care that would be observed by others with similar skills. However, existing law provides that an attorney-in-fact is not liable for a loss to the principal's property if he or she is not compensated, unless the loss results from his or her bad faith, intentional wrongdoing, or gross negligence. This bill would delete the latter provision. The bill would provide that if the attorney-in-fact breaches a duty pursuant to the Power of Attorney Law he or she is chargeable with interest for any loss or depreciation in value of the property, any profit made through the breach, or any profit that would have accrued to the principal if the loss or profit is a result of the breach. This bill would allow the court, in its discretion, to excuse the attorney-in-fact if he or she acted reasonably and in good faith, or if the court finds that an attorney-in-fact acted in bad faith, he or she would be held liable for twice the value of the property recovered.
Who sponsors SB 1038?
SB 1038 is sponsored by Harman.
What is the current status of SB 1038?
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 1038?
Track SB 1038 free on One Click Politics — get push/email alerts when it moves.

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