Nonprofit public benefit corporations.
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SB 540 — Nonprofit public benefit corporations.
Last action — Chaptered by Secretary of State. Chapter 250, Statutes of 2019.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed Assembly
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 21, 2019. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
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Cleared a recorded vote
Passed 6 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 prohibits a nonprofit public benefit corporation from lending money or property to a director or officer, or guaranteeing the obligation of a director or officer, without the approval of the Attorney General. However, a nonprofit public benefit corporation is authorized to pay life insurance premiums for insurance on the life of a director or officer if repayment is secured by the proceeds of the policy and its cash surrender value. This bill would revise the above-described exception to allow the nonprofit public benefit corporation to pay life insurance premiums if repayment is secured by either the policy's death benefit proceeds or its cash surrender value, or both. The bill would provide that when repayment is secured only by a policy's death benefit, the contract between the corporation and director or officer that secures the loan must include terms sufficient to ensure that any policy fees and charges, withdrawals of the cash value, or loans taken against it do not impair the value of the death benefit to repay the cost of the loan, for the life of the policy. The bill would also provide that when repayment is secured only by the policy's cash surrender value, the contract between the corporation and director or officer that secures the loan must include terms sufficient to ensure that the cash surrender value is sufficient to repay the cost of the loan, for the life of the policy.
Bill Text
- Chaptered 09/05/19 - Chaptered Current pdf September 05, 2019
- Enrolled 08/23/19 - Enrolled pdf August 23, 2019
- Amended 04/30/19 - Amended Senate pdf April 30, 2019
- Amended 04/11/19 - Amended Senate pdf April 11, 2019
- Introduced 02/21/19 - Introduced pdf February 21, 2019
- SB540 View text html
Action History
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Chaptered by Secretary of State. Chapter 250, Statutes of 2019.
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Approved by the Governor.
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Enrolled and presented to the Governor at 3 p.m.
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In Senate. Ordered to engrossing and enrolling.
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Read third time. Passed. (Ayes 68. Noes 3. Page 2803.) Ordered to the Senate.
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Ordered to third reading.
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From consent calendar on motion of Assembly Member Calderon.
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Read second time. Ordered to consent calendar.
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From committee: Do pass. Ordered to consent calendar. (Ayes 14. Noes 0.) (July 10).
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From committee: Do pass and re-refer to Com. on INS. with recommendation: To consent calendar. (Ayes 10. Noes 0.) (July 8). Re-referred to Com. on INS.
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Assembly Rule 56 suspended.
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June 24 set for first hearing canceled at the request of author.
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June 10 hearing postponed by committee.
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Referred to Coms. on B. & F. and INS.
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In Assembly. Read first time. Held at Desk.
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Read third time. Passed. (Ayes 31. Noes 4. Page 962.) Ordered to the Assembly.
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Read second time and amended. Ordered to third reading.
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From committee: Do pass as amended. (Ayes 6. Noes 0. Page 872.) (April 24).
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Set for hearing April 24.
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Read second time and amended. Re-referred to Com. on B. & F.I.
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From committee: Do pass as amended and re-refer to Com. on B. & F.I. (Ayes 12. Noes 0. Page 652.) (April 10).
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Set for hearing April 10.
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Referred to Coms. on INS. and B. & F.I.
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From printer. May be acted upon on or after March 24.
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Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sponsors
- Brian W. Jones · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No
Sponsors (1)
- Jones, Brian W. Republican
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 43 | 3 | 0 | 6 |
| Democratic | 20 | 0 | 0 | 2 |
| Republican | 5 | 0 | 0 | 0 |
| Total | 68 | 3 | 0 | 8 |
| % of votes cast | 86% | 4% | 0% | 10% |
How each member voted (79)
| Member | Party | Vote |
|---|---|---|
| Fong | — | Yea |
| Brough | — | Yea |
| Kiley | — | Yea |
| Mayes | — | Yea |
| Salas | — | Yea |
| Mathis | — | Yea |
| Bigelow | — | Yea |
| Cooley | — | Yea |
| Smith | — | Yea |
| Cunningham | — | Yea |
| Diep | — | Yea |
| Chau | — | Yea |
| Bloom | — | Yea |
| Rodriguez | — | Yea |
| Santiago | — | Yea |
| Obernolte | — | Yea |
| Voepel | — | Yea |
| Holden | — | Yea |
| Daly | — | Yea |
| Eggman | — | Yea |
| Maienschein | — | Yea |
| Jones-Sawyer | — | Yea |
| Quirk | — | Yea |
| Mullin | — | Yea |
| Friedman | — | Yea |
| Kamlager-Dove | — | Yea |
| Levine | — | Yea |
| Melendez | — | Yea |
| Nazarian | — | Yea |
| Burke | — | Yea |
| Cooper | — | Yea |
| Medina | — | Yea |
| Rendon | — | Yea |
| Chu | — | Yea |
| McCarty | — | Yea |
| O'Donnell | — | Yea |
| Waldron | — | Yea |
| Gloria | — | Nay |
| Gonzalez | — | Nay |
| Ting | — | Nay |
| Wood | — | Not Voting |
| Gray | — | Not Voting |
| Chiu | — | Not Voting |
| Frazier | — | Not Voting |
| Weber | — | Not Voting |
| Low | — | Not Voting |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Yea |
| Luz Rivas | — | Yea |
| Mark Stone | — | Yea |
| Wendy Carrillo | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Boerner, Tasha | Democratic | Not Voting |
| Bonta, Mia | 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 | Not Voting |
| Petrie-Norris, Cottie | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Ramos, James C. | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Rubio, Blanca E. | Democratic | Yea |
| Wicks, Buffy | Democratic | Yea |
| Chen, Phillip | Republican | Yea |
| Choi, Steven S. | Republican | Yea |
| Flora, Heath | Republican | Yea |
| Gallagher, James | Republican | Yea |
| Lackey, Tom | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 4 | 0 | 0 | 0 |
| Unaffiliated | 9 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 14 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| Cooper | — | Yea |
| Voepel | — | Yea |
| Mayes | — | Yea |
| Kamlager-Dove | — | Yea |
| Frazier | — | Yea |
| Bigelow | — | Yea |
| Daly | — | Yea |
| Cooley | — | Yea |
| Chu | — | Yea |
| Berman, Marc | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Chen, Phillip | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 2 | 0 | 0 | 2 |
| Democratic | 6 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 0 |
| Total | 10 | 0 | 0 | 2 |
| % of votes cast | 83% | 0% | 0% | 17% |
How each member voted (12)
| Member | Party | Vote |
|---|---|---|
| Weber | — | Yea |
| Burke | — | Not Voting |
| Melendez | — | Not Voting |
| Mark Stone | — | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Limón, Monique | Democratic | Yea |
| Wicks, Buffy | Democratic | Yea |
| Chen, Phillip | Republican | Yea |
| Choi, Steven S. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 23 | 2 | 0 | 2 |
| Democratic | 6 | 2 | 0 | 1 |
| Republican | 2 | 0 | 0 | 0 |
| Total | 31 | 4 | 0 | 3 |
| % of votes cast | 82% | 11% | 0% | 8% |
How each member voted (38)
| Member | Party | Vote |
|---|---|---|
| Rubio | — | Yea |
| Bradford | — | Yea |
| Wilk | — | Yea |
| Beall | — | Yea |
| Atkins | — | Yea |
| Hill | — | Yea |
| Roth | — | Yea |
| Morrell | — | Yea |
| Hueso | — | Yea |
| Leyva | — | Yea |
| Dodd | — | Yea |
| Moorlach | — | Yea |
| Allen | — | Yea |
| Borgeas | — | Yea |
| Galgiani | — | Yea |
| Hertzberg | — | Yea |
| Portantino | — | Yea |
| Bates | — | Yea |
| Glazer | — | Yea |
| Nielsen | — | Yea |
| Chang | — | Yea |
| Pan | — | Yea |
| Mitchell | — | Nay |
| Skinner | — | Nay |
| Wieckowski | — | Not Voting |
| Monning | — | Not Voting |
| Mark Stone | — | Yea |
| Archuleta, Bob | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Nay |
| Hurtado, Melissa | Democratic | Yea |
| Jackson, Corey A. | Democratic | Not Voting |
| McGuire, Mike | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Nay |
| Grove, Shannon | Republican | Yea |
| Jones, Brian W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 2 | 0 | 0 | 0 |
| Unaffiliated | 4 | 0 | 0 | 1 |
| Total | 6 | 0 | 0 | 1 |
| % of votes cast | 86% | 0% | 0% | 14% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Chang | — | Yea |
| Morrell | — | Yea |
| Hueso | — | Yea |
| Bradford | — | Yea |
| Portantino | — | Not Voting |
| Caballero, Anna M. | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 10 | 0 | 0 | 1 |
| Republican | 1 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 12 | 0 | 0 | 1 |
| % of votes cast | 92% | 0% | 0% | 8% |
How each member voted (13)
| Member | Party | Vote |
|---|---|---|
| Dodd | — | Yea |
| Moorlach | — | Yea |
| Rubio | — | Yea |
| Borgeas | — | Yea |
| Galgiani | — | Yea |
| Portantino | — | Yea |
| Bates | — | Yea |
| Roth | — | Yea |
| Glazer | — | Yea |
| Hueso | — | Yea |
| Mitchell | — | Not Voting |
| Archuleta, Bob | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 540 do?
- Existing law prohibits a nonprofit public benefit corporation from lending money or property to a director or officer, or guaranteeing the obligation of a director or officer, without the approval of the Attorney General. However, a nonprofit public benefit corporation is authorized to pay life insurance premiums for insurance on the life of a director or officer if repayment is secured by the proceeds of the policy and its cash surrender value. This bill would revise the above-described exception to allow the nonprofit public benefit corporation to pay life insurance premiums if repayment is secured by either the policy's death benefit proceeds or its cash surrender value, or both. The bill would provide that when repayment is secured only by a policy's death benefit, the contract between the corporation and director or officer that secures the loan must include terms sufficient to ensure that any policy fees and charges, withdrawals of the cash value, or loans taken against it do not impair the value of the death benefit to repay the cost of the loan, for the life of the policy. The bill would also provide that when repayment is secured only by the policy's cash surrender value, the contract between the corporation and director or officer that secures the loan must include terms sufficient to ensure that the cash surrender value is sufficient to repay the cost of the loan, for the life of the policy.
- Who sponsors SB 540?
- SB 540 is sponsored by Jones, Brian W. (Republican).
- What is the current status of SB 540?
- This bill has been enacted into law. Introduced February 21, 2019. Enacted.
- Where can I track SB 540?
- Track SB 540 free on One Click Politics — get push/email alerts when it moves.
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