California 2021-2022 Regular Session Status: Enacted

SB 956 — Enforcement of money judgments: exemptions.

Last action — Chaptered by Secretary of State. Chapter 25, Statutes of 2022.

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  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 February 09, 2022. Enacted.

Prognosis

Likely to advance 70% · 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.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 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 identifies various types of property of a judgment debtor that are exempt from the enforcement of a money judgment. Existing law provides that all of the exemptions that are applicable to the enforcement of a money judgment are applicable in a bankruptcy case, regardless of whether there is a money judgment against the debtor or whether a money judgment is being enforced by execution sale or any other procedure, unless the debtor elects certain alternative exemptions in lieu of all other statutory exemptions provided. Existing law provides that money held in an account owned by the judgment debtor and established pursuant to the Golden State Scholarshare Trust Act is exempt from the enforcement of a money judgment and also as an alternative exemption in a bankruptcy case, and the amount exempted is limited to contributions to the account, as specified, prior to the date of filing of the debtor's petition for bankruptcy, not to exceed the amount of the annual gift exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the contribution. Existing law requires the Judicial Council to adjust, every 3 years, the amounts of the exemptions applicable to exempt property based on the change in the annual California Consumer Price Index for All Urban Consumers. This bill would specify that the alternative exemption for money held in a Scholarshare account would instead be limited to an amount not to exceed the amount of the annual gift exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of filing of the debtor's petition for bankruptcy. The bill would specify that the exemption applicable to the enforcement of a money judgment for money held in a Scholarshare account would instead be limited to contributions to the account, as specified, prior to the date of entry of a money judgment and not to exceed the amount of the annual gift exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of entry of the money judgment. The bill would expressly specify that the amounts of these exemptions are not subject to adjustment by the Judicial Council.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 25, Statutes of 2022.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2:30 p.m.

  4. In Senate. Ordered to engrossing and enrolling.

  5. Read third time. Passed. (Ayes 69. Noes 0. Page 5305.) Ordered to the Senate.

  6. Read second time. Ordered to consent calendar.

  7. From committee: Do pass. Ordered to consent calendar. (Ayes 10. Noes 0.) (June 1).

  8. Referred to Com. on JUD.

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

  10. Read third time. Passed. (Ayes 37. Noes 0. Page 3358.) Ordered to the Assembly.

  11. Read second time. Ordered to consent calendar.

  12. From committee: Do pass. Ordered to consent calendar. (Ayes 11. Noes 0. Page 3254.) (March 29).

  13. Set for hearing March 29.

  14. Referred to Com. on JUD.

  15. From printer.

  16. Article IV Section 8(a) of the Constitution and Joint Rule 55 dispensed with February 7, 2022, suspending the 30 calendar day requirement.

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

Sponsors

  • Wieckowski · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Wieckowski

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.

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

Passed 69 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Democratic 29001
Unaffiliated 31008
Republican 9000
Total 69009
% of votes cast 88%0%0%12%
How each member voted (78)
Member Party Vote
Bloom — Yea
Friedman — Yea
Voepel — Yea
Cooley — Yea
Mathis — Yea
Bigelow — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Wood — Yea
Kiley — Yea
Mayes — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Levine — Yea
O'Donnell — Yea
Daly — Yea
McCarty — Yea
Gray — Yea
Smith — Yea
Cooper — Yea
Waldron — Not Voting
Rodriguez — Not Voting
Cunningham — Not Voting
Quirk — Not Voting
Medina — Not Voting
Villapudua — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Not Voting
Vince Fong — Yea
Wendy Carrillo — Not Voting
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
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
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Not Voting
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Democratic 5000
Republican 1000
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Bloom — Yea
Maienschein — Yea
Cunningham — Yea
Kiley — Yea
Mark Stone — Not Voting
Haney, Matt Democratic Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Wicks, Buffy Democratic Yea
Davies, Laurie Republican Yea

Official roll call →

Consent Calendar SB956

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 21002
Democratic 12001
Republican 4000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Nielsen — Yea
Melendez — Yea
Eggman — Yea
Roth — Yea
Min — Yea
Newman — Yea
Hueso — Yea
Dodd — Yea
Portantino — Yea
Glazer — Yea
Atkins — Yea
Pan — Yea
Bradford — Yea
Skinner — Yea
Bates — Yea
Borgeas — Yea
Rubio — Yea
Leyva — Yea
Wieckowski — Yea
Hertzberg — Yea
Kamlager — Yea
Gonzalez — Not Voting
Wilk — Not Voting
Allen, Benjamin Democratic Not Voting
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 6000
Unaffiliated 4000
Republican 1000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Borgeas — Yea
Wieckowski — Yea
Gonzalez — Yea
Hertzberg — Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

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 956 do?
Existing law identifies various types of property of a judgment debtor that are exempt from the enforcement of a money judgment. Existing law provides that all of the exemptions that are applicable to the enforcement of a money judgment are applicable in a bankruptcy case, regardless of whether there is a money judgment against the debtor or whether a money judgment is being enforced by execution sale or any other procedure, unless the debtor elects certain alternative exemptions in lieu of all other statutory exemptions provided. Existing law provides that money held in an account owned by the judgment debtor and established pursuant to the Golden State Scholarshare Trust Act is exempt from the enforcement of a money judgment and also as an alternative exemption in a bankruptcy case, and the amount exempted is limited to contributions to the account, as specified, prior to the date of filing of the debtor's petition for bankruptcy, not to exceed the amount of the annual gift exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the contribution. Existing law requires the Judicial Council to adjust, every 3 years, the amounts of the exemptions applicable to exempt property based on the change in the annual California Consumer Price Index for All Urban Consumers. This bill would specify that the alternative exemption for money held in a Scholarshare account would instead be limited to an amount not to exceed the amount of the annual gift exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of filing of the debtor's petition for bankruptcy. The bill would specify that the exemption applicable to the enforcement of a money judgment for money held in a Scholarshare account would instead be limited to contributions to the account, as specified, prior to the date of entry of a money judgment and not to exceed the amount of the annual gift exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of entry of the money judgment. The bill would expressly specify that the amounts of these exemptions are not subject to adjustment by the Judicial Council.
Who sponsors SB 956?
SB 956 is sponsored by Wieckowski.
What is the current status of SB 956?
This bill has been enacted into law. Introduced February 09, 2022. Enacted.
Where can I track SB 956?
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