California 2015-2016 Regular Session Status: Enacted Bipartisan · 2 D · 1 R cosponsors

AB 691 — Revised Uniform Fiduciary Access to Digital Assets Act.

Last action — Chaptered by Secretary of State - Chapter 551, Statutes of 2016.

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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 25, 2015. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 11 sponsors

    1 primary, 10 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (2 D · 1 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 9 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 provides for the disposition of a testator's property by will. Existing law also provides for the disposition of that portion of a decedent's estate not disposed of by will. Existing law provides that the decedent's property, including property devised by a will, is generally subject to probate administration, except as specified. This bill would enact the Revised Uniform Fiduciary Access to Digital Assets Act, which would authorize a decedent's personal representative or trustee to access and manage digital assets and electronic communications, as specified. The bill would authorize a person to use an online tool to give directions to the custodian of his or her digital assets regarding the disclosure of those assets. The bill would specify that, if a person has not used an online tool to give that direction, he or she may give direction regarding the disclosure of digital assets in a will, trust, power of attorney, or other record. The bill would require a custodian of the digital assets to comply with a fiduciary's request for disclosure of digital assets or to terminate an account, except under certain circumstances, including when the decedent has prohibited this disclosure using the online tool. The bill would make custodians immune from liability for an act or omission done in good faith in compliance with these provisions.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 551, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6305.).

  5. From committee: That the Senate amendments be concurred in. (Ayes 10. Noes 0.) (August 23).

  6. In committee: Hearing postponed by committee.

  7. Re-referred to Com. on JUD. pursuant to Assembly Rule 77.2.

  8. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 4 pursuant to Assembly Rule 77.

  9. Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 1. Page 4724.).

  10. Read second time. Ordered to third reading.

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

  12. From committee: Return to Senate floor for consideration. (Ayes 6. Noes 0.) (May 3).

  13. In committee: Set, first hearing. Hearing canceled at the request of author.

  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. From committee: Be re-referred to Com. on JUD. pursuant to Senate Rule 29.10(b). (Ayes 4. Noes 0.) Re-referred to Com. on JUD.

  16. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(b).

  17. Read second time. Ordered to third reading.

  18. Read second time and amended. Ordered returned to second reading.

  19. Ordered to second reading.

  20. From inactive file.

  21. Ordered to inactive file at the request of Senator Mitchell.

  22. From committee: Return to Senate floor for consideration. (Ayes 7. Noes 0.) (September 10).

  23. From committee: Be re-referred to Com. on JUD. pursuant to Senate Rule 29.10(b). (Ayes 5. Noes 0.) Re-referred to Com. on JUD.

  24. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(b).

  25. Read second time. Ordered to third reading.

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

  27. Read second time. Ordered to third reading.

  28. From committee: Do pass. (Ayes 6. Noes 0.) (July 14).

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

  30. Referred to Com. on JUD.

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

  32. Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 1380.)

  33. Read second time. Ordered to third reading.

  34. From committee: Do pass. (Ayes 11. Noes 0.) (May 5).

  35. Re-referred to Com. on P. & C.P.

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

  37. From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 10. Noes 0.) (April 28). Re-referred to Com. on P. & C.P.

  38. Re-referred to Com. on JUD.

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

  40. In committee: Set, first hearing. Hearing canceled at the request of author.

  41. Re-referred to Com. on JUD.

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

  43. Re-referred to Com. on JUD.

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

  45. Referred to Coms. on JUD. and P. & C.P.

  46. From printer. May be heard in committee March 28.

  47. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 10 co-sponsors · 111 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (10)

Not signed on (111)

111 members have not signed on to this bill.

Show all 111 →

"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 691 CALDERON Concurrence in Senate Amendments

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 69001
Democratic 5000
Republican 5000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Baker — Yea
Brough — Yea
Brown — Yea
Kim — Yea
Linder — Yea
Maienschein — Yea
Mathis — Yea
Nazarian — Yea
Rendon — Yea
Wagner — Yea
Weber — Yea
Wood — Yea
Eggman — Yea
Cooper — Yea
Daly — Yea
Salas — Yea
Gatto — Yea
Gordon — Yea
Harper — Yea
Jones-Sawyer — Yea
Chang — Yea
Levine — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Gray — Yea
Bigelow — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Melendez — Yea
O'Donnell — Yea
Obernolte — Yea
Olsen — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Steinorth — Yea
Thurmond — Yea
Waldron — Yea
Wilk — Yea
Williams — Yea
Atkins — Yea
Bonilla — Yea
Lopez — Yea
Burke — Not Voting
Hadley — Yea
Holden — Yea
Medina — Yea
Bloom — Yea
Campos — Yea
Mullin — Yea
Quirk — Yea
Santiago — Yea
Ting — Yea
Frazier — Yea
Gomez — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB691 Calderon By Hertzberg

Passed 36 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 34002
Democratic 2100
Total 36102
% of votes cast 92%3%0%5%
How each member voted (39)
Member Party Vote
Anderson — Yea
Bates — Yea
Hernandez — Yea
Hill — Yea
Lara — Yea
Mendoza — Yea
Pan — Yea
Vidak — Yea
Fuller — Yea
Galgiani — Yea
Allen — Yea
Cannella — Yea
Mitchell — Yea
De León — Yea
Glazer — Yea
Hall — Yea
Hancock — Yea
Beall — Yea
Block — Yea
Hertzberg — Yea
Hueso — Yea
Huff — Yea
Leno — Yea
Leyva — Yea
Liu — Not Voting
Monning — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Pavley — Yea
Roth — Yea
Wieckowski — Yea
Wolk — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Nay
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Do pass

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 0001
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Anderson — Yea
Hertzberg — Yea
Leno — Yea
Monning — Yea
Moorlach — Yea
Wieckowski — Yea
Jackson, Corey A. Democratic Not Voting

Official roll call →

AB 691 CALDERON Assembly Third Reading

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 69001
Democratic 4000
Republican 6000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Holden — Yea
Jones-Sawyer — Yea
Kim — Yea
Mathis — Yea
Melendez — Yea
O'Donnell — Yea
Quirk — Yea
Rendon — Yea
Steinorth — Yea
Wagner — Yea
Waldron — Yea
Williams — Yea
Wood — Yea
Eggman — Yea
Chu — Yea
Cooper — Yea
Burke — Yea
Gatto — Yea
Gordon — Yea
Harper — Yea
Salas — Yea
Chang — Yea
Levine — Yea
Linder — Yea
Low — Yea
Chau — Yea
Mayes — Yea
Baker — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
McCarty — Yea
Nazarian — Yea
Obernolte — Yea
Olsen — Yea
Perea — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Thurmond — Yea
Weber — Yea
Wilk — Yea
Gray — Yea
Campos — Yea
Bonilla — Yea
Lopez — Yea
Hadley — Yea
Atkins — Not Voting
Dababneh — Yea
Daly — Yea
Dodd — Yea
Maienschein — Yea
Medina — Yea
Mullin — Yea
Santiago — Yea
Ting — Yea
Frazier — Yea
Gomez — Yea
Gonzalez — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass.

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Democratic 1000
Republican 1000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Baker — Yea
Wilk — Yea
Chang — Yea
Gatto — Yea
Gordon — Yea
Low — Yea
Chau — Yea
Cooper — Yea
Dababneh — Yea
Calderon, Lisa Democratic Yea
Dahle, Megan Republican Yea

Official roll call →

Subjects

finance technology
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Frequently asked questions

What does AB 691 do?
Existing law provides for the disposition of a testator's property by will. Existing law also provides for the disposition of that portion of a decedent's estate not disposed of by will. Existing law provides that the decedent's property, including property devised by a will, is generally subject to probate administration, except as specified. This bill would enact the Revised Uniform Fiduciary Access to Digital Assets Act, which would authorize a decedent's personal representative or trustee to access and manage digital assets and electronic communications, as specified. The bill would authorize a person to use an online tool to give directions to the custodian of his or her digital assets regarding the disclosure of those assets. The bill would specify that, if a person has not used an online tool to give that direction, he or she may give direction regarding the disclosure of digital assets in a will, trust, power of attorney, or other record. The bill would require a custodian of the digital assets to comply with a fiduciary's request for disclosure of digital assets or to terminate an account, except under certain circumstances, including when the decedent has prohibited this disclosure using the online tool. The bill would make custodians immune from liability for an act or omission done in good faith in compliance with these provisions.
Who sponsors AB 691?
AB 691 is sponsored by Chang, Chu, Chávez, Dababneh, Gatto, Steinorth, Calderon, Lisa (Democratic), Travis Allen, Waldron, Gonzalez, Jeff (Republican), and Garcia, Robert (Democratic).
What is the current status of AB 691?
This bill has been enacted into law. Introduced February 25, 2015. Enacted.
Where can I track AB 691?
Track AB 691 free on One Click Politics — get push/email alerts when it moves.

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