California 2011-2012 Regular Session Status: Enacted

AB 1325 — Business filings: fictitious business name statements.

Last action — Chaptered by Secretary of State - Chapter 368, Statutes of 2012.

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

This bill has been enacted into law. Introduced February 18, 2011. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law requires a person transacting business in the state under a fictitious name, as defined, to file, with the county clerk of the county where the business is located, a statement including specified information and to declare that the information is true and correct. Under existing law, a registrant who declares as true information that the registrant knows to be false, or otherwise executes, files, or publishes any statement under these provisions, knowing that the statement is false, is guilty of a misdemeanor punishable by a fine not to exceed $1,000. This bill would, beginning January 1, 2014, specify on the filing form that a registrant who declares to be true any material matter knowing it to be false is guilty of a misdemeanor punishable by that penalty. The bill would require a registrant or an agent filing on behalf of a registrant to present a California driver's license or other personal government identification acceptable to the county clerk to adequately determine the registrant's or agent's identity, as specified. The bill would authorize the county clerk to require the registrant to complete and sign an affidavit of identity statement on a form prescribed by the county clerk, and would authorize the county clerk to require an agent submitting the filings on behalf of a registrant to also complete and sign an affidavit of identity statement declaring that the registrant has authorized the agent to make the filings on behalf of the registrant. The bill would also require a registrant that is a corporation, limited liability company, or limited liability partnership, and that is required by the county clerk to file an affidavit of identity statement, to submit with its affidavit a certificate of status issued by the Secretary of State certifying to that business entity's existence and good standing. The bill would also make conforming changes. Because this bill would require an additional level of service from a county clerk's office, this bill would create a state-mandated local program. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 368, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:05 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 5945.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 15 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 4479.).

  7. Read second time. Ordered to third reading.

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

  9. Read second time and amended. Re-referred to Com. on APPR.

  10. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 25).

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

  12. Referred to Com. on B., P. & E.D.

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

  14. Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 3607.)

  15. Read second time. Ordered to consent calendar.

  16. From committee: Do pass. To consent calendar. (Ayes 17. Noes 0.) (January 19).

  17. From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 8. Noes 0.) (January 10). Re-referred to Com. on APPR.

  18. Re-referred to Com. on B., P. & C.P.

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

  20. Referred to Com. on B., P. & C.P.

  21. From printer. May be heard in committee March 22.

  22. Read first time. To print.

Sponsors

  • Lara · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Lara

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

AB 1325 LARA Concurrence in Senate Amendments

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 76001
Democratic 1000
Republican 2000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Hagman — Yea
Hall — Yea
Fong — Yea
Yamada — Yea
Feuer — Yea
Furutani — Yea
John A. Pérez — Yea
Mitchell — Yea
Gordon — Yea
Atkins — Yea
Butler — Yea
Halderman — Yea
Harkey — Yea
Campos — Yea
Portantino — Yea
Hayashi — Yea
Huber — Yea
Carter — Yea
Allen — Yea
Hueso — Yea
Jeffries — Yea
Bonilla — Yea
Knight — Yea
Ammiano — Yea
Blumenfield — Yea
Cedillo — Yea
Chesbro — Yea
Conway — Yea
Davis — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Olsen — Yea
Perea — Yea
Silva — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Valadao — Yea
Wagner — Yea
Wieckowski — Yea
Fletcher — Yea
Galgiani — Yea
Gatto — Yea
Gorell — Yea
Donnelly — Not Voting
Beall — Yea
Block — Yea
Monning — Yea
Achadjian — Yea
Alejo — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huffman — Yea
Lara — Yea
Ma — Yea
Mansoor — Yea
Norby — Yea
Pan — Yea
Skinner — Yea
Smyth — Yea
Williams — Yea
Cook — Yea
Eng — Yea
Dickinson — Yea
Fuentes — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB1325 Lara By Negrete McLeod

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Republican 1000
Democratic 2000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Evans — Yea
Fuller — Yea
Harman — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Hernandez — Yea
Negrete McLeod — Yea
Huff — Yea
Rubio — Yea
Kehoe — Yea
Cannella — Yea
Blakeslee — Yea
Leno — Yea
Lieu — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Hancock — Not Voting
Anderson — Not Voting
Dutton — Yea
Liu — Not Voting
Alquist — Yea
Vargas — Yea
Wyland — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 1325 LARA Consent Calendar Second Day

Passed 75 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 72005
Democratic 1000
Total 75005
% of votes cast 94%0%0%6%
How each member voted (80)
Member Party Vote
Hall — Yea
Fuentes — Yea
Butler — Yea
Furutani — Yea
Garrick — Yea
Gatto — Yea
Gordon — Yea
Fong — Yea
Hagman — Yea
Allen — Yea
Hayashi — Yea
Huber — Yea
Carter — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Hueso — Yea
Jeffries — Yea
Cedillo — Yea
Knight — Yea
Bonilla — Yea
Ammiano — Yea
Beall — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Dickinson — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Olsen — Yea
Pan — Yea
Perea — Yea
Silva — Yea
Swanson — Yea
Valadao — Yea
Wagner — Yea
Williams — Yea
Atkins — Yea
Gorell — Not Voting
Halderman — Not Voting
Campos — Yea
Donnelly — Yea
Morrell — Yea
Solorio — Yea
Wieckowski — Yea
Achadjian — Yea
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Not Voting
Hill — Yea
Huffman — Yea
Lara — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Skinner — Yea
Smyth — Not Voting
Torres — Yea
Eng — Yea
Feuer — Yea
Davis — Not Voting
Yamada — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Campos — Yea
Fuentes — Yea
Mitchell — Yea
Gatto — Yea
Hall — Yea
Chesbro — Yea
Donnelly — Yea
Hill — Yea
Nielsen — Yea
Norby — Yea
Solorio — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Harkey — Yea
Wagner — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

finance elections labor
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Frequently asked questions

What does AB 1325 do?
Existing law requires a person transacting business in the state under a fictitious name, as defined, to file, with the county clerk of the county where the business is located, a statement including specified information and to declare that the information is true and correct. Under existing law, a registrant who declares as true information that the registrant knows to be false, or otherwise executes, files, or publishes any statement under these provisions, knowing that the statement is false, is guilty of a misdemeanor punishable by a fine not to exceed $1,000. This bill would, beginning January 1, 2014, specify on the filing form that a registrant who declares to be true any material matter knowing it to be false is guilty of a misdemeanor punishable by that penalty. The bill would require a registrant or an agent filing on behalf of a registrant to present a California driver's license or other personal government identification acceptable to the county clerk to adequately determine the registrant's or agent's identity, as specified. The bill would authorize the county clerk to require the registrant to complete and sign an affidavit of identity statement on a form prescribed by the county clerk, and would authorize the county clerk to require an agent submitting the filings on behalf of a registrant to also complete and sign an affidavit of identity statement declaring that the registrant has authorized the agent to make the filings on behalf of the registrant. The bill would also require a registrant that is a corporation, limited liability company, or limited liability partnership, and that is required by the county clerk to file an affidavit of identity statement, to submit with its affidavit a certificate of status issued by the Secretary of State certifying to that business entity's existence and good standing. The bill would also make conforming changes. Because this bill would require an additional level of service from a county clerk's office, this bill would create a state-mandated local program. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Who sponsors AB 1325?
AB 1325 is sponsored by Lara.
What is the current status of AB 1325?
This bill has been enacted into law. Introduced February 18, 2011. Enacted.
Where can I track AB 1325?
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Last checked for changes 3 months ago · updated continuously

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