Bill Text: CA AB937 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Conservators and guardians: personal rights of conservatees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-08-19 - Chaptered by Secretary of State - Chapter 127, Statutes of 2013. [AB937 Detail]

Download: California-2013-AB937-Amended.html

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BILL NUMBER: AB 937	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Member Wieckowski

                        FEBRUARY 22, 2013

   An act to amend  Section 100004 of the Government Code,
relating to retirement savings.   Section 2351 of the
Probate Code, relating to conservators and guardians. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 937, as amended, Wieckowski.  The California Secure
Choice Retirement Savings Trust.   Conservators and
guardians: personal rights of conservatees.  
   Existing law requires that a guardian or conservator of a person
be responsible for the care, custody, control, and education of a
ward or conservatee, subject to a court's determination of the extent
of those powers, as specified.  
   This bill would provide that the conservator's control of the
conservatee shall not extend to personal rights retained by the
conservatee, including, but not limited to, the right to receive
visitors, telephone calls, and mail, unless specifically limited by a
court order.  
   Existing law, contingent upon the receipt of sufficient funds to
make the program operative, creates the California Secure Choice
Retirement Savings Trust for the purpose of promoting greater
retirement savings for California private employees in a convenient,
voluntary, low-cost, and portable manner.  
   This bill would make technical, nonsubstantive changes to these
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 2351 of the   Probate
Code   is amended to read: 
   2351.  (a) Subject to subdivision (b), the guardian or
conservator, but not a limited conservator, has the care, custody,
and control of, and has charge of the education of, the ward or
conservatee.  This control shall not extend to personal rights
retained by the conservatee, including, but not limited to, the right
to receive visitors, telephone calls, and mail, unless specifically
limited by court order. 
   (b) Where the court determines that it is appropriate in the
circumstances of the particular conservatee, the court, in its
discretion, may limit the powers and duties that the conservator
would otherwise have under subdivision (a) by an order stating either
of the following:
   (1) The specific powers that the conservator does not have with
respect to the conservatee's person and reserving the powers so
specified to the conservatee.
   (2) The specific powers and duties the conservator has with
respect to the conservatee's person and reserving to the conservatee
all other rights with respect to the conservatee's person that the
conservator otherwise would have under subdivision (a).
   (c) An order under this section (1) may be included in the order
appointing a conservator of the person or (2) may be made, modified,
or revoked upon a petition subsequently filed, notice of the hearing
on the petition having been given for the period and in the manner
provided in Chapter 3 (commencing with Section 1460) of Part 1.
   (d) The guardian or conservator, in exercising his or her powers,
may not hire or refer any business to an entity in which he or she
has a financial interest except upon authorization of the court.
Prior to authorization from the court, the guardian or conservator
shall disclose to the court in writing his or her financial interest
in the entity. For the purposes of this subdivision, "financial
interest" shall mean (1) an ownership interest in a sole
proprietorship, a partnership, or a closely held corporation, or (2)
an ownership interest of greater than 1 percent of the outstanding
shares in a publicly traded corporation, or (3) being an officer or a
director of a corporation. This subdivision shall apply only to
conservators and guardians required to register with the Statewide
Registry under Chapter 13 (commencing with Section 2850). 
  SECTION 1.    Section 100004 of the Government
Code is amended to read:
   100004.  (a) There is hereby established a retirement savings
trust known as the California Secure Choice Retirement Savings Trust
to be administered by the board for the purpose of promoting greater
retirement savings for California private employees in a convenient,
voluntary, low-cost, and portable manner. After sufficient funds are
made available for this title to be operative pursuant to Section
100042, the California Secure Choice Retirement Savings Trust, as a
self-sustaining trust, shall pay all costs of administration out of
moneys on deposit in the trust.
   (b) The board shall segregate moneys received by the California
Secure Choice Retirement Savings Trust into two funds, which shall be
identified as the program fund and the administrative fund.
Notwithstanding Section 13340, moneys in the trust are hereby
continuously appropriated, without regard to fiscal years, to the
board for the purposes of this title.
   (c) Moneys in the program fund may be invested or reinvested by
the Treasurer, or may be invested in whole or in part under contract
with the Board of Administration of the Public Employees' Retirement
System or private money managers, or both, as determined by the
board.
   (d) Transfers may be made from the program fund to the
administrative fund for the purpose of paying operating costs
associated with administering the trust and as required by this
title. On an annual basis, expenditures from the administrative fund
shall not exceed more than 1 percent of the total program fund. All
costs of administration of the trust shall be paid out of the
administrative fund. Operating costs associated with administering
the trust do not include the procurement of private underwriting for
the retirement savings' return.
   (e) Any contributions paid by employees and employers into the
trust shall be used exclusively for the purpose of paying benefits to
the participants of the California Secure Choice Retirement Savings
Program, for the cost of administration of the program, and for
investments made for the benefit of the program.