California 2011-2012 Regular Session Status: Enacted

AB 1288 — Public guardians and conservators: authority: property held in trust.

Last action — Chaptered by Secretary of State - Chapter 370, Statutes of 2011.

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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 72% · 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.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 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 authorizes a county public guardian or conservator to take temporary possession or control of real and personal property of a person in the county who requires a guardian or conservator, as specified, if the property is subject to loss, injury, waste, or misappropriation. Existing law authorizes a public guardian to issue a written certification for purposes of taking possession or control of property in this regard, which may be recorded and which is effective for 15 days after the date of issuance. Existing law requires a financial institution or other person, without inquiring into the truth of the written certification and without court order being issued, to provide the public guardian information concerning property held in the sole name of the proposed ward or conservatee and to surrender to the public guardian property of the proposed ward or conservatee that is subject to loss, injury, waste, or misappropriation. Existing law immunizes the financial institution or other person from any liability for any act or omission of the public guardian with respect to the property. This bill would authorize a public guardian or public conservator, if he or she intends to apply for appointment as the guardian or conservator of a person domiciled in the county, to restrain the transfer, encumbrance, or disposal of real or personal property held in a trust for that person, if certain requirements are met, except as specified. The bill would prescribe a certification form in this regard, which may be recorded in the case of real property, and which may be provided to a financial institution. The bill would require a financial institution that receives the certification to provide information to the public guardian or public conservator and to restrain the transfer, encumbrance, or disposal of the property at issue without the necessity of inquiring into the truth of the certification and without court order or letters being issued. The bill would also extend to 30 days the period that the written certification issued for purposes of taking possession or control of property is effective.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 370, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 2565.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 34. Noes 0. Page 2017.).

  7. Ordered to special consent calendar.

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Measure version as amended on July 1 corrected.

  11. Read second time and amended. Ordered to third reading.

  12. From committee: Do pass as amended. (Ayes 4. Noes 0.) (June 28).

  13. Measure version as amended on June 20 corrected.

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

  15. Referred to Com. on JUD.

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

  17. Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1447.)

  18. Read second time. Ordered to third reading.

  19. Read second time and amended. Ordered to second reading.

  20. From committee: Do pass as amended. (Ayes 9. Noes 0.) (May 10).

  21. Re-referred to Com. on JUD.

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

  23. Re-referred to Com. on JUD.

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

  25. Referred to Com. on JUD.

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

  27. Read first time. To print.

Sponsors

  • Beall · Cosponsor
  • Gordon · Primary

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Gordon

Co-sponsors (1)

  • Beall

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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 1288 GORDON Concurrence in Senate Amendments

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 75002
Republican 2000
Democratic 0001
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Hagman — Yea
Butler — Yea
Hill — Yea
Carter — Yea
Yamada — Yea
John A. Pérez — Yea
Mitchell — Yea
Feuer — Yea
Fuentes — Yea
Atkins — Yea
Galgiani — Yea
Campos — Yea
Garrick — Yea
Gordon — Yea
Cedillo — Yea
Portantino — Yea
Halderman — Yea
Hall — Yea
Chesbro — Yea
Allen — Yea
Harkey — Yea
Hueso — Yea
Huffman — Yea
Fong — Yea
Fletcher — Yea
Conway — Yea
Knight — Yea
Alejo — Yea
Beall — Yea
Block — Yea
Cook — Yea
Davis — Yea
Donnelly — Yea
Lara — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Olsen — Yea
Pan — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Valadao — Yea
Wagner — Yea
Williams — Yea
Bonilla — Not Voting
Gorell — Not Voting
Achadjian — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Norby — Yea
Perea — Yea
Smyth — Yea
Torres — Yea
Wieckowski — Yea
Eng — Yea
Dickinson — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Not Voting
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Special Consent #8 AB1288 Gordon By Corbett

Passed 34 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Republican 0001
Democratic 0002
Total 34006
% of votes cast 85%0%0%15%
How each member voted (40)
Member Party Vote
Yee — Yea
Fuller — Yea
Cannella — Yea
Hancock — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Hernandez — Yea
Rubio — Yea
Corbett — Yea
Huff — Yea
Anderson — Yea
Correa — Yea
Dutton — Yea
Kehoe — Yea
Leno — Yea
Lieu — Yea
Price — Yea
Simitian — Not Voting
Steinberg — Yea
Vargas — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Blakeslee — Yea
Harman — Not Voting
Liu — Yea
Pavley — Yea
Wyland — Not Voting
Emmerson — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Not Voting

Official roll call →

Do pass as amended.

Passed 4 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Total 4001
% of votes cast 80%0%0%20%
How each member voted (5)
Member Party Vote
Harman — Not Voting
Leno — Yea
Corbett — Yea
Blakeslee — Yea
Evans — Yea

Official roll call →

AB 1288 GORDON Assembly Third Reading

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 73002
Democratic 3000
Republican 2000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Hagman — Yea
Halderman — Yea
Butler — Yea
Hill — Yea
Hueso — Yea
Jeffries — Yea
John A. Pérez — Yea
Mitchell — Yea
Knight — Yea
Atkins — Yea
Logue — Yea
Miller — Yea
Portantino — Yea
Bradford — Yea
Carter — Yea
Cedillo — Yea
Donnelly — Yea
Pan — Yea
Skinner — Yea
Wagner — Yea
Yamada — Yea
Bonilla — Yea
Fletcher — Yea
Campos — Yea
Furutani — Yea
Galgiani — Yea
Gatto — Yea
Gordon — Yea
Gorell — Not Voting
Beall — Yea
Block — Yea
Conway — Yea
Hall — Yea
Harkey — Yea
Lara — Yea
Ma — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torres — Yea
Wieckowski — Yea
Achadjian — Yea
Alejo — Not Voting
Ammiano — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Huffman — Yea
Mansoor — Yea
Olsen — Yea
Perea — Yea
Swanson — Yea
Valadao — Yea
Williams — Yea
Chesbro — Yea
Cook — Yea
Eng — Yea
Feuer — Yea
Davis — Yea
Dickinson — Yea
Fuentes — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended.

Passed 9 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 8001
Total 9001
% of votes cast 90%0%0%10%
How each member voted (10)
Member Party Vote
Atkins — Yea
Dickinson — Yea
Hagman — Yea
Monning — Yea
Wagner — Yea
Wieckowski — Yea
Huber — Not Voting
Huffman — Yea
Feuer — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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 AB 1288 do?
Existing law authorizes a county public guardian or conservator to take temporary possession or control of real and personal property of a person in the county who requires a guardian or conservator, as specified, if the property is subject to loss, injury, waste, or misappropriation. Existing law authorizes a public guardian to issue a written certification for purposes of taking possession or control of property in this regard, which may be recorded and which is effective for 15 days after the date of issuance. Existing law requires a financial institution or other person, without inquiring into the truth of the written certification and without court order being issued, to provide the public guardian information concerning property held in the sole name of the proposed ward or conservatee and to surrender to the public guardian property of the proposed ward or conservatee that is subject to loss, injury, waste, or misappropriation. Existing law immunizes the financial institution or other person from any liability for any act or omission of the public guardian with respect to the property. This bill would authorize a public guardian or public conservator, if he or she intends to apply for appointment as the guardian or conservator of a person domiciled in the county, to restrain the transfer, encumbrance, or disposal of real or personal property held in a trust for that person, if certain requirements are met, except as specified. The bill would prescribe a certification form in this regard, which may be recorded in the case of real property, and which may be provided to a financial institution. The bill would require a financial institution that receives the certification to provide information to the public guardian or public conservator and to restrain the transfer, encumbrance, or disposal of the property at issue without the necessity of inquiring into the truth of the certification and without court order or letters being issued. The bill would also extend to 30 days the period that the written certification issued for purposes of taking possession or control of property is effective.
Who sponsors AB 1288?
AB 1288 is sponsored by Beall and Gordon.
What is the current status of AB 1288?
This bill has been enacted into law. Introduced February 18, 2011. Enacted.
Where can I track AB 1288?
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