California 2015-2016 Regular Session Status: Enacted

SB 1265 — Marital deduction trusts.

Last action — Chaptered by Secretary of State. Chapter 140, Statutes of 2016.

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

This bill has been enacted into law. Introduced February 18, 2016. 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 4 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 regulates the interpretation and administration of wills, trusts, and estates. Existing law regulates the compliance of marital deduction gifts with the federal Internal Revenue Code. Existing law provides that if a marital deduction gift is made in trust, certain additional conditions apply to the marital deduction trust, including, among others, that the transferor's spouse is entitled to all of the income of the marital deduction property not less frequently than annually, as long as the spouse is alive. Existing law requires that in the case of qualified terminable interest property specified in certain provisions of the Internal Revenue Code, on termination of the interest of the transferor's spouse in the trust, all of the remaining accrued or undistributed income pass to the transferor's spouse, except as provided. This bill would delete the provision relating to qualified terminable interest property described above and instead require that the term income, for purposes of the marital deduction property, be construed in a manner consistent with specified provisions of the Internal Revenue Code, and include a unitrust payment or other allocation of income determined pursuant to a reasonable apportionment of total investment return, as specified.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 140, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 10:30 a.m.

  4. In Senate. Ordered to engrossing and enrolling.

  5. Read third time. Passed. (Ayes 76. Noes 0. Page 5644.) Ordered to the Senate.

  6. Read second time. Ordered to consent calendar.

  7. From committee: Do pass. Ordered to consent calendar. (Ayes 10. Noes 0.) (June 28).

  8. Referred to Com. on JUD.

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

  10. Read third time. Passed. (Ayes 38. Noes 0. Page 3849.) Ordered to the Assembly.

  11. Read second time. Ordered to consent calendar.

  12. From committee: Do pass. Ordered to consent calendar. (Ayes 6. Noes 0. Page 3767.) (May 3).

  13. Set for hearing May 3.

  14. Referred to Com. on JUD.

  15. From printer. May be acted upon on or after March 20.

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

Sponsors

  • Moorlach · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Moorlach

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 1265 Moorlach Consent Calendar Second Day

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 66004
Republican 5000
Democratic 5000
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Jones-Sawyer — Yea
Levine — Yea
Mathis — Yea
Medina — Yea
Mullin — Yea
Quirk — Yea
Rodriguez — Yea
Steinorth — Yea
Wagner — Yea
Wood — Yea
Eggman — Yea
Alejo — Yea
Olsen — Yea
Chávez — Yea
Cooper — Yea
Harper — Yea
Low — Yea
Mayes — Yea
Melendez — Yea
O'Donnell — Yea
Obernolte — Yea
Rendon — Yea
Salas — Yea
Bonilla — Yea
Achadjian — Yea
Bigelow — Yea
Dodd — Yea
Gray — Yea
Maienschein — Yea
Nazarian — Yea
Brown — Yea
Daly — Yea
Frazier — Yea
Burke — Yea
Lopez — Yea
Gordon — Yea
Hadley — Yea
Holden — Yea
Kim — Yea
Chang — Yea
Atkins — Yea
Chau — Yea
Chiu — Yea
Cooley — Yea
McCarty — Yea
Ridley-Thomas — Yea
Santiago — Yea
Thurmond — Yea
Waldron — Yea
Weber — Yea
Wilk — Yea
Williams — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Chu — Yea
Campos — Not Voting
Dababneh — Not Voting
Linder — Not Voting
Ting — Yea
Gatto — Yea
Gomez — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Not Voting
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 →

Consent Calendar 2nd

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Democratic 3000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Beall — Yea
Hernandez — Yea
Hill — Yea
Hueso — Yea
Liu — Not Voting
Fuller — Yea
Glazer — Yea
Cannella — Yea
Galgiani — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Hall — Yea
Hertzberg — Yea
Block — Yea
Lara — Yea
Leno — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Pan — Yea
Pavley — Yea
Roth — Yea
Wieckowski — Yea
Wolk — Yea
Runner — Not Voting
Hancock — Yea
Huff — Yea
Leyva — Yea
Vidak — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Subjects

finance
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 1265 do?
Existing law regulates the interpretation and administration of wills, trusts, and estates. Existing law regulates the compliance of marital deduction gifts with the federal Internal Revenue Code. Existing law provides that if a marital deduction gift is made in trust, certain additional conditions apply to the marital deduction trust, including, among others, that the transferor's spouse is entitled to all of the income of the marital deduction property not less frequently than annually, as long as the spouse is alive. Existing law requires that in the case of qualified terminable interest property specified in certain provisions of the Internal Revenue Code, on termination of the interest of the transferor's spouse in the trust, all of the remaining accrued or undistributed income pass to the transferor's spouse, except as provided. This bill would delete the provision relating to qualified terminable interest property described above and instead require that the term income, for purposes of the marital deduction property, be construed in a manner consistent with specified provisions of the Internal Revenue Code, and include a unitrust payment or other allocation of income determined pursuant to a reasonable apportionment of total investment return, as specified.
Who sponsors SB 1265?
SB 1265 is sponsored by Moorlach.
What is the current status of SB 1265?
This bill has been enacted into law. Introduced February 18, 2016. Enacted.
Where can I track SB 1265?
Track SB 1265 free on One Click Politics — get push/email alerts when it moves.

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