Evan Low
- Democratic
- Assemblymember
- District 26
Author
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.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 681, Statutes of 2018.
Enrolled and presented to the Governor at 4:30 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 6985.).
From committee: That the Senate amendments be concurred in. (Ayes 15. Noes 0.) (August 29).
Re-referred to Com. on B. & P. pursuant to Assembly Rule 77.2.
Joint Rule 62(a), file notice suspended. (Page 6729.)
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 29 pursuant to Assembly Rule 77.
Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5806.).
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
From committee: Do pass. (Ayes 7. Noes 0.) (August 16).
Read second time. Ordered to third reading.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 25). Re-referred to Com. on APPR.
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.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 5508.)
From committee: Do pass. (Ayes 16. Noes 0.) (May 25).
Read second time. Ordered to third reading.
In committee: Set, first hearing. Referred to APPR. suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (April 24). Re-referred to Com. on APPR.
From printer. May be heard in committee March 19.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB3144 | HTML |
| 02/16/18 - Introduced | |
| 06/19/18 - Amended Senate | |
| 08/20/18 - Amended Senate | |
| 09/04/18 - Enrolled | |
| 09/22/18 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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