California 2017-2018 Regular Session Status: Enacted

SB 333 — Trusts: modification or termination.

Last action — Chaptered by Secretary of State. Chapter 61, Statutes of 2017.

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  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 13, 2017. 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 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 the beneficiaries of an irrevocable trust, upon the consent of all beneficiaries, to compel the modification or termination of the trust upon petition to the court. Existing law prohibits the modification or termination of an irrevocable trust if the continuance of the trust is necessary to carry out a material purpose of the trust, unless the court determines that modification or termination under the circumstances outweighs the interest in accomplishing a material purpose of the trust. Notwithstanding that provision, existing law prohibits the court from terminating a trust that is subject to a valid restraint on the transfer of a beneficiary's interest. This bill would revise and recast these provisions to delete the provision prohibiting a court from terminating an irrevocable trust that is subject to a valid restraint on the transfer of a beneficiary's interest and instead authorize the court to terminate a trust with this restraint if the court finds good cause to do so. The bill would specify that a court is authorized to limit the class of beneficiaries whose consent is necessary to modify or terminate a trust when the class is described as "heirs" or "next of kin." The bill would also make clarifying changes. Existing law authorizes the settlor and the beneficiaries of a trust, upon the consent of the settlor and all beneficiaries, to compel the modification or termination of the trust. This bill would revise and recast those provisions and instead authorize the trust to be modified or terminated by the written consent of the settlor and all beneficiaries without court approval of the modification or termination. The bill would also make clarifying changes.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 61, Statutes of 2017.

  2. Approved by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 37. Noes 0. Page 1679.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 74. Noes 0. Page 2259.) Ordered to the Senate.

  7. Read second time. Ordered to consent calendar.

  8. From committee: Do pass. Ordered to consent calendar. (Ayes 11. Noes 0.) (June 13).

  9. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  10. Referred to Com. on JUD.

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

  12. Read third time. Passed. (Ayes 36. Noes 0. Page 768.) Ordered to the Assembly.

  13. Read second time. Ordered to consent calendar.

  14. From committee: Do pass. Ordered to consent calendar. (Ayes 6. Noes 0. Page 626.) (April 4).

  15. Set for hearing April 4.

  16. Referred to Com. on JUD.

  17. From printer. May be acted upon on or after March 16.

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

Sponsors

  • Anderson · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Anderson

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

Unfinished Business SB333 Anderson et al. Concurrence

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 32003
Democratic 5000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Bates — Yea
Bradford — Not Voting
Hill — Yea
Lara — Yea
Leyva — Yea
Monning — Yea
Newman — Yea
Skinner — Yea
Galgiani — Yea
Fuller — Yea
Glazer — Yea
Cannella — Yea
Hernandez — Yea
Hertzberg — Yea
Hueso — Yea
Allen — Yea
De León — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Anderson — Yea
Beall — Yea
Mendoza — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Pan — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Wilk — Yea
Dodd — Yea
Beth Gaines — Not Voting
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

SB 333 Anderson Consent Calendar Second Day

Passed 74 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 56003
Democratic 13002
Republican 5001
Total 74006
% of votes cast 93%0%0%8%
How each member voted (80)
Member Party Vote
Acosta — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Harper — Yea
Holden — Yea
Levine — Yea
Mathis — Yea
Obernolte — Yea
Quirk — Yea
Ridley-Thomas — Yea
Waldron — Yea
Wood — Yea
Cooley — Yea
Eggman — Yea
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Chiu — Yea
Chu — Yea
Gloria — Yea
Jones-Sawyer — Yea
Maienschein — Yea
Melendez — Yea
Bigelow — Yea
Mullin — Yea
Thurmond — Yea
Voepel — Yea
Frazier — Yea
Rubio — Yea
Friedman — Yea
Gomez — Yea
Salas — Yea
Burke — Yea
Fong — Yea
Chau — Yea
Gray — Yea
Gonzalez Fletcher — Yea
Kiley — Yea
Low — Yea
Bocanegra — Not Voting
Mayes — Yea
McCarty — Yea
Chávez — Yea
Cooper — Yea
Medina — Yea
Nazarian — Yea
O'Donnell — Not Voting
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Weber — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Not Voting
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Not Voting
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Consent Calendar 2nd SB333

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 31004
Democratic 5000
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Anderson — Yea
Hernandez — Yea
Hertzberg — Yea
Monning — Yea
Newman — Yea
Pan — Yea
Wilk — Yea
Dodd — Yea
Fuller — Yea
Glazer — Yea
Cannella — Yea
De León — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Galgiani — Yea
Allen — Not Voting
Hill — Yea
Bates — Yea
Beall — Not Voting
Bradford — Yea
Hueso — Not Voting
Lara — Not Voting
Leyva — Yea
Mendoza — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Roth — Yea
Skinner — Yea
Vidak — Yea
Wieckowski — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. 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 333 do?
Existing law authorizes the beneficiaries of an irrevocable trust, upon the consent of all beneficiaries, to compel the modification or termination of the trust upon petition to the court. Existing law prohibits the modification or termination of an irrevocable trust if the continuance of the trust is necessary to carry out a material purpose of the trust, unless the court determines that modification or termination under the circumstances outweighs the interest in accomplishing a material purpose of the trust. Notwithstanding that provision, existing law prohibits the court from terminating a trust that is subject to a valid restraint on the transfer of a beneficiary's interest. This bill would revise and recast these provisions to delete the provision prohibiting a court from terminating an irrevocable trust that is subject to a valid restraint on the transfer of a beneficiary's interest and instead authorize the court to terminate a trust with this restraint if the court finds good cause to do so. The bill would specify that a court is authorized to limit the class of beneficiaries whose consent is necessary to modify or terminate a trust when the class is described as "heirs" or "next of kin." The bill would also make clarifying changes. Existing law authorizes the settlor and the beneficiaries of a trust, upon the consent of the settlor and all beneficiaries, to compel the modification or termination of the trust. This bill would revise and recast those provisions and instead authorize the trust to be modified or terminated by the written consent of the settlor and all beneficiaries without court approval of the modification or termination. The bill would also make clarifying changes.
Who sponsors SB 333?
SB 333 is sponsored by Anderson.
What is the current status of SB 333?
This bill has been enacted into law. Introduced February 13, 2017. Enacted.
Where can I track SB 333?
Track SB 333 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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