California 2015-2016 Regular Session Status: Enacted

SB 873 — Revised Uniform Fiduciary Access to Digital Assets Act.

Last action — Chaptered by Secretary of State. Chapter 585, 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 January 14, 2016. 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 11 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. AB 691 of the 2015–16 Regular Session 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. Among other provisions, AB 691 would provide that a custodian of digital assets, and its officers, employees, and agents, are immune from liability for an act or omission done in good faith and in compliance with the act. This bill would specify that this immunity does not apply in a case of gross negligence or willful or wanton misconduct. The bill would become operative only if AB 691 is enacted prior to the enactment of this bill.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 585, Statutes of 2016.

  2. Approved by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5574.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 79. Noes 0. Page 6481.) Ordered to the Senate.

  7. Assembly Rule 63 suspended.

  8. Ordered to third reading.

  9. From consent calendar.

  10. Read second time. Ordered to consent calendar.

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

  12. From committee: Do pass as amended. Ordered to consent calendar. (Ayes 10. Noes 0.) (August 23).

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

  14. Ordered to third reading.

  15. Read third time and amended. (Ayes 73. Noes 0. Page 5957.)

  16. Read second time. Ordered to third reading.

  17. From committee: Do pass. (Ayes 15. Noes 0.) (August 11).

  18. August 3 set for first hearing. Placed on APPR. suspense file.

  19. Read second time and amended. Re-referred to Com. on APPR.

  20. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 20).

  21. June 20 set for first hearing. Placed on REV. & TAX. suspense file.

  22. From committee: Do pass and re-refer to Com. on REV. & TAX. (Ayes 6. Noes 0.) (June 15). Re-referred to Com. on REV. & TAX.

  23. Referred to Coms. on H. & C.D. and REV. & TAX.

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

  25. Read third time. Passed. (Ayes 39. Noes 0. Page 4036.) Ordered to the Assembly.

  26. Read second time. Ordered to third reading.

  27. From committee: Do pass. (Ayes 6. Noes 0. Page 3998.) (May 27).

  28. Set for hearing May 27.

  29. April 18 hearing: Placed on APPR. suspense file.

  30. Set for hearing April 18.

  31. Read second time and amended. Re-referred to Com. on APPR.

  32. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 3334.) (March 30).

  33. Set for hearing March 30.

  34. March 16 hearing postponed by committee.

  35. Set for hearing March 16.

  36. Referred to Com. on GOV. & F.

  37. From printer. May be acted upon on or after February 14.

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

Sponsors

  • Beall · Primary
  • Calderon · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Beall

Co-sponsors (1)

  • Calderon

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

Unfinished Business SB873 Beall Concurrence

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 36000
Democratic 3000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Anderson — Yea
Beall — Yea
Hertzberg — Yea
Hill — Yea
Liu — Yea
Nielsen — Yea
Fuller — Yea
Galgiani — Yea
Glazer — Yea
Allen — Yea
Cannella — Yea
Hernandez — Yea
Mitchell — Yea
De León — Yea
Lara — Yea
Leno — Yea
Mendoza — Yea
Moorlach — Yea
Pan — Yea
Pavley — Yea
Wolk — Yea
Hancock — Yea
Bates — Yea
Block — Yea
Hueso — Yea
Huff — Yea
Leyva — Yea
Monning — Yea
Morrell — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Hall — 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 →

SB 873 Beall Senate Third Reading By CALDERON

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
Jones-Sawyer — Yea
Rodriguez — Yea
Waldron — Yea
Williams — Yea
Eggman — Yea
Frazier — Yea
Burke — Yea
Chang — Yea
Salas — Yea
Gatto — Yea
Gordon — Yea
Chau — Yea
Harper — Yea
Kim — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Dababneh — Yea
Dodd — Yea
Levine — Yea
Linder — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Melendez — Yea
O'Donnell — Yea
Obernolte — Yea
Achadjian — Yea
Baker — Yea
Bigelow — Yea
Brough — Yea
Brown — Yea
Olsen — Yea
Rendon — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Thurmond — Yea
Weber — Yea
Wilk — Yea
Gray — Yea
Campos — Yea
Daly — Yea
Atkins — Yea
Bonilla — Yea
Lopez — Yea
Hadley — Yea
Holden — Yea
Maienschein — Yea
Mathis — Yea
Medina — Yea
Mullin — Yea
Alejo — Yea
Bloom — Yea
Quirk — Yea
Santiago — Yea
Ting — Yea
Wagner — Yea
Wood — Yea
Nazarian — Not Voting
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 →

SB 873 Beall Senate Third Reading Amendment Set #1

Passed 73 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 63007
Democratic 5000
Republican 5000
Total 73007
% of votes cast 91%0%0%9%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Bigelow — Not Voting
Bloom — Yea
Brough — Yea
Brown — Yea
Harper — Yea
Jones-Sawyer — Yea
Low — Yea
Maienschein — Yea
Mathis — Not Voting
Nazarian — Yea
O'Donnell — Yea
Ridley-Thomas — Yea
Santiago — Yea
Ting — Yea
Eggman — Yea
Cooper — Yea
Daly — Yea
Gatto — Yea
Campos — Yea
Chávez — Yea
Dababneh — Yea
Salas — Yea
Bonilla — Yea
Gray — Yea
Alejo — Yea
Mayes — Yea
Medina — Yea
Lopez — Yea
Melendez — Yea
Frazier — Yea
Mullin — Yea
Gomez — Yea
Gordon — Yea
Olsen — Yea
Hadley — Yea
Burke — Yea
Atkins — Yea
Holden — Not Voting
Kim — Not Voting
Chang — Yea
Baker — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Dodd — Not Voting
Levine — Yea
Linder — Yea
McCarty — Yea
Obernolte — Not Voting
Quirk — Yea
Rodriguez — Yea
Steinorth — Yea
Thurmond — Yea
Waldron — Yea
Weber — Yea
Wilk — Yea
Williams — Yea
Wood — Yea
Rendon — Yea
Wagner — Yea
Beth Gaines — Yea
Cristina Garcia — Not Voting
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 →

Do pass.

Passed 15 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 13003
Democratic 1001
Republican 1001
Total 15005
% of votes cast 75%0%0%25%
How each member voted (20)
Member Party Vote
Bigelow — Yea
Bloom — Yea
McCarty — Yea
Quirk — Yea
Santiago — Yea
Wood — Yea
Eggman — Yea
Bonilla — Yea
Chang — Yea
Holden — Not Voting
Daly — Not Voting
Obernolte — Yea
Wagner — Not Voting
Weber — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Not Voting
Gallagher, James Republican Not Voting
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Democratic 3000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Block — Yea
Hertzberg — Yea
Huff — Yea
Liu — Yea
Wolk — Yea
Cannella — Yea
Fuller — Yea
Galgiani — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Runner — Not Voting
Hall — Yea
Hancock — Yea
Hernandez — Yea
Bates — Yea
Beall — Yea
Hill — Yea
Hueso — Yea
Lara — Yea
Leno — Yea
Leyva — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Pan — Yea
Pavley — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Glazer — 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 →

Do pass

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5001
Democratic 1000
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Bates — Yea
Hill — Yea
Lara — Yea
Beall — Yea
Mendoza — Yea
Nielsen — Not Voting
McGuire, Mike Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Beall — Yea
Lara — Yea
Nielsen — Yea
De León — Yea
Hill — Yea
Bates — Yea
Mendoza — Yea

Official roll call →

Subjects

finance technology
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 873 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. AB 691 of the 2015–16 Regular Session 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. Among other provisions, AB 691 would provide that a custodian of digital assets, and its officers, employees, and agents, are immune from liability for an act or omission done in good faith and in compliance with the act. This bill would specify that this immunity does not apply in a case of gross negligence or willful or wanton misconduct. The bill would become operative only if AB 691 is enacted prior to the enactment of this bill.
Who sponsors SB 873?
SB 873 is sponsored by Beall and Calderon.
What is the current status of SB 873?
This bill has been enacted into law. Introduced January 14, 2016. Enacted.
Where can I track SB 873?
Track SB 873 free on One Click Politics — get push/email alerts when it moves.

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