California 2017-2018 Regular Session Status: Enacted

AB 3144 — Professional Fiduciaries Bureau.

Last action — Chaptered by Secretary of State - Chapter 681, Statutes of 2018.

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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 16, 2018. 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 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, until January 1, 2019, establishes the Professional Fiduciaries Bureau within the Department of Consumer Affairs, and requires the bureau to license and regulate professional fiduciaries. Existing law prescribes specified qualifications, including education and work experience, for licensure as a professional fiduciary. Existing law requires the licensee to initially, and annually thereafter, file with the bureau a statement under penalty of perjury as to whether, among other things, he or she has been removed for cause as a conservator, guardian, trustee, or personal representative. Existing law requires the bureau to maintain specified information in the licensee's file, including whether the licensee has ever been removed for cause or resigned as a conservator, guardian, trustee, or personal representative and requires the bureau to make this information available to a court for any purpose. Existing law requires the bureau to investigate the actions of a professional fiduciary upon receipt of a complaint from any person. This bill would extend the operation of the bureau to January 1, 2023. The bill would expand the work experience requirements to qualify for licensure as a professional fiduciary and would require a licensee to additionally include in his or her statement, filed under penalty of perjury, whether he or she has been removed for cause as an agent under a durable power of attorney for health care or as an agent under a durable power of attorney for finances. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. This bill would also require the bureau to maintain in the licensee's file, among other things, the licensee's current principals under a durable power of attorney for healthcare or finances and whether the licensee has ever been removed for cause or resigned, as provided, as an agent under a durable power of attorney for health care or as an agent under a durable power of attorney for finances. The bill would prohibit a licensee, as specified, from billing a client, or imposing a fee on the estate or trust of a client, for responding to a complaint filed with the bureau against the licensee. 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 no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 681, Statutes of 2018.

  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 80. Noes 0. Page 6985.).

  5. From committee: That the Senate amendments be concurred in. (Ayes 15. Noes 0.) (August 29).

  6. Joint Rule 62(a), file notice suspended. (Page 6729.)

  7. Re-referred to Com. on B. & P. pursuant to Assembly Rule 77.2.

  8. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 29 pursuant to Assembly Rule 77.

  9. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5806.).

  10. Read second time. Ordered to third reading.

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

  12. Read second time. Ordered to third reading.

  13. From committee: Do pass. (Ayes 7. Noes 0.) (August 16).

  14. In committee: Referred to APPR. suspense file.

  15. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 25). Re-referred to Com. on APPR.

  16. 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.

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

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

  19. Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 5508.)

  20. Read second time. Ordered to third reading.

  21. From committee: Do pass. (Ayes 16. Noes 0.) (May 25).

  22. In committee: Set, first hearing. Referred to APPR. suspense file.

  23. From committee: Do pass and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (April 24). Re-referred to Com. on APPR.

  24. Referred to Com. on B. & P.

  25. From printer. May be heard in committee March 19.

  26. Read first time. To print.

Sponsors

  • Hill · Cosponsor
  • Low · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Low

Co-sponsors (1)

  • Hill

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 3144 LOW Concurrence in Senate Amendments

Passed 80 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 58000
Democratic 16000
Republican 6000
Total 80000
% of votes cast 100%0%0%0%
How each member voted (80)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Harper — Yea
Jones-Sawyer — Yea
Kiley — Yea
Mathis — Yea
McCarty — Yea
Obernolte — Yea
Thurmond — Yea
Waldron — Yea
Burke — Yea
Fong — Yea
Salas — Yea
Friedman — Yea
Gray — Yea
Holden — Yea
Rubio — Yea
Rivas — Yea
Kamlager-Dove — Yea
Levine — Yea
Maienschein — Yea
Melendez — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooper — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Quirk — Yea
Rendon — Yea
Steinorth — Yea
Voepel — Yea
Weber — Yea
Wood — Yea
Low — Yea
Mayes — Yea
Gonzalez Fletcher — Yea
Chau — Yea
Medina — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Cooley — Yea
Eggman — Yea
Cunningham — Yea
Daly — Yea
Frazier — Yea
Gloria — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
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 Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse 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 Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

With recommendation: That Senate amendments be concurred in.

Passed 15 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 12002
Democratic 2002
Republican 1000
Total 15004
% of votes cast 79%0%0%21%
How each member voted (19)
Member Party Vote
Brough — Yea
Eggman — Yea
Fong — Yea
Chiu — Yea
Cunningham — Not Voting
Holden — Not Voting
Low — Yea
McCarty — Yea
Baker — Yea
Bloom — Yea
Medina — Yea
Mullin — Yea
Obernolte — Yea
Ting — Yea
Arambula, Joaquin Democratic Not Voting
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Not Voting
Chen, Phillip Republican Yea

Official roll call →

3rd Reading AB3144 Low By Hill

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 34001
Democratic 5000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Beall — Yea
Hernandez — Yea
Hueso — Yea
Leyva — Yea
Moorlach — Yea
Nielsen — Yea
Skinner — Yea
Wieckowski — Yea
Chang — Yea
Galgiani — Yea
Glazer — Yea
Cannella — Yea
De León — Yea
Mitchell — Yea
Hertzberg — Yea
Hill — Yea
Allen — Yea
Delgado — Yea
Portantino — Yea
Dodd — Yea
Atkins — Yea
Bates — Yea
Bradford — Yea
Lara — Yea
Monning — Yea
Morrell — Yea
Pan — Yea
Roth — Yea
Vidak — Yea
Wilk — Yea
Fuller — Yea
Beth Gaines — Yea
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 →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Hill — Yea
Portantino — Yea
Nielsen — Yea
Bates — Yea
Beall — Yea
Bradford — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Hill — Yea
Nielsen — Yea
Portantino — Yea
Beall — Yea
Bradford — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 3144 B. & P. Assembly Third Reading By LOW

Passed 78 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 57000
Democratic 15000
Republican 6000
Total 78000
% of votes cast 100%0%0%0%
How each member voted (78)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Kamlager-Dove — Yea
Maienschein — Yea
Mathis — Yea
Obernolte — Yea
Steinorth — Yea
Voepel — Yea
Wood — Yea
Chau — Yea
Gonzalez Fletcher — Yea
Burke — Yea
Frazier — Yea
Fong — Yea
Salas — Yea
Friedman — Yea
Gloria — Yea
Harper — Yea
Gray — Yea
Holden — Yea
Jones-Sawyer — Yea
Rubio — Yea
Kiley — Yea
Levine — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Medina — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Daly — Yea
Melendez — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Cooper — Yea
Eggman — Yea
Cunningham — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
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 Yea
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 Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12001
Democratic 3000
Republican 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Brough — Not Voting
Nazarian — Yea
Eggman — Yea
Friedman — Yea
Gonzalez Fletcher — Yea
Fong — Yea
Obernolte — Yea
Chau — Yea
Quirk — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 15 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 3001
Republican 1000
Total 15001
% of votes cast 94%0%0%6%
How each member voted (16)
Member Party Vote
Brough — Yea
Mullin — Yea
Eggman — Yea
Holden — Yea
Chiu — Yea
Fong — Yea
Baker — Yea
Bloom — Yea
Cunningham — Yea
Low — Yea
Ting — Yea
Arambula, Joaquin Democratic Yea
Gipson, Mike A. Democratic Not Voting
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Chen, Phillip Republican Yea

Official roll call →

Subjects

public-safety civil-rights healthcare
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Frequently asked questions

What does AB 3144 do?
Existing law, until January 1, 2019, establishes the Professional Fiduciaries Bureau within the Department of Consumer Affairs, and requires the bureau to license and regulate professional fiduciaries. Existing law prescribes specified qualifications, including education and work experience, for licensure as a professional fiduciary. Existing law requires the licensee to initially, and annually thereafter, file with the bureau a statement under penalty of perjury as to whether, among other things, he or she has been removed for cause as a conservator, guardian, trustee, or personal representative. Existing law requires the bureau to maintain specified information in the licensee's file, including whether the licensee has ever been removed for cause or resigned as a conservator, guardian, trustee, or personal representative and requires the bureau to make this information available to a court for any purpose. Existing law requires the bureau to investigate the actions of a professional fiduciary upon receipt of a complaint from any person. This bill would extend the operation of the bureau to January 1, 2023. The bill would expand the work experience requirements to qualify for licensure as a professional fiduciary and would require a licensee to additionally include in his or her statement, filed under penalty of perjury, whether he or she has been removed for cause as an agent under a durable power of attorney for health care or as an agent under a durable power of attorney for finances. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. This bill would also require the bureau to maintain in the licensee's file, among other things, the licensee's current principals under a durable power of attorney for healthcare or finances and whether the licensee has ever been removed for cause or resigned, as provided, as an agent under a durable power of attorney for health care or as an agent under a durable power of attorney for finances. The bill would prohibit a licensee, as specified, from billing a client, or imposing a fee on the estate or trust of a client, for responding to a complaint filed with the bureau against the licensee. 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 no reimbursement is required by this act for a specified reason.
Who sponsors AB 3144?
AB 3144 is sponsored by Hill and Low.
What is the current status of AB 3144?
This bill has been enacted into law. Introduced February 16, 2018. Enacted.
Where can I track AB 3144?
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