California 2009-2010 Regular Session Status: Enacted

AB 1046 — Enforcement of judgments: exemptions: homesteads.

Last action — Chaptered by Secretary of State - Chapter 499, Statutes of 2009.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 27, 2009. Enacted.

Prognosis

Likely to advance 74% · 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.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • 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 provides that a specified portion of equity in a homestead, as defined, is exempt from execution to satisfy a judgment debt. Existing law provides a base exemption of $50,000, an exemption of $75,000 if the judgment debtor or his or her spouse who resides in the homestead is, at the time of the sale, a member of a family unit, and one member of the family unit is without an interest, or with only a limited interest, as specified, in the homestead, and an exemption of $150,000 if the judgment debtor or the spouse of the judgment debtor who resides in the homestead is, at the time of the sale, 65 years of age or older, disabled, or 55 years of age or older with a limited income, as specified. Existing law requires the Judicial Council to adjust specified exemptions from execution at 3-year intervals based on the change in the annual California Consumer Price Index for All Urban Consumers, and to publish a list of the current dollar amounts of those exemptions, as specified. This bill would increase the homestead exemptions described above to $75,000, $100,000, and $175,000, respectively. The bill would require the Judicial Council to determine, on or before April 1, 2010, and at each 3-year interval ending on April 1 thereafter, to submit to the Legislature the amount by which the dollar amounts of the exemptions applicable to that exempt property may be increased based on the change in the annual California Consumer Price Index for All Urban Consumers. The bill would provide that those increases shall not take effect unless they are approved by the Legislature. The bill would require the Judicial Council to publish a list of the current dollar amounts of those exemptions.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 499, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 5 p.m.

  4. Returned by the Governor at the request of the Assembly.

  5. Enrolled and to the Governor at 1:30 p.m.

  6. Senate amendments concurred in. To enrollment. (Ayes 76. Noes 0. Page 2605.)

  7. In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 18 pursuant to Assembly Rule 77.

  8. Read third time, passed, and to Assembly. (Ayes 36. Noes 0. Page 1766.)

  9. Ordered to Special Consent Calendar.

  10. Read second time. To third reading.

  11. Read third time, amended. To second reading.

  12. Read second time. To third reading.

  13. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  14. From committee: Do pass, and re-refer to Com. on APPR with recommendation: To Consent Calendar. Re-referred. (Ayes 5. Noes 0.) (June 9).

  15. Referred to Com. on JUD.

  16. In Senate. Read first time. To Com. on RLS. for assignment.

  17. Read third time, passed, and to Senate. (Ayes 79. Noes 0. Page 1241.)

  18. Read second time. To Consent Calendar.

  19. From committee: Do pass. To Consent Calendar. (April 22).

  20. From committee: Do pass, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. Re-referred. (Ayes 10. Noes 0.) (April 14).

  21. Referred to Com. on JUD.

  22. Read first time.

  23. From printer. May be heard in committee March 30.

  24. Introduced. To print.

Sponsors

  • Anderson · Primary
  • Gilmore · Cosponsor
  • Lieu · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on

Sponsors (1)

  • Anderson

Co-sponsors (2)

  • Gilmore
  • Lieu

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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

AB 1046 ANDERSON Concurrence in Senate Amendments

Passed 87 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 82003
Democratic 2001
Republican 3000
Total 87004
% of votes cast 96%0%0%4%
How each member voted (91)
Member Party Vote
Hagman — Yea
A. — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Evans — Yea
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Garrick — Yea
Gilmore — Yea
Hall — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hernandez — Yea
Huber — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Coto — Yea
Davis — Yea
Duvall — Yea
Huffman — Yea
Knight — Yea
Krekorian — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Nestande — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Charles — Not Voting
Cook — Not Voting
Bass — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Smyth — Not Voting
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Jeffries — Yea
Lieu — Yea
Ma — Yea
Nielsen — Yea
Solorio — Yea
Torlakson — Yea
Tran — Yea
Emmerson — Yea
Feuer — Yea
DeVore — Yea
Yamada — Yea
Furutani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Special Consent #13 AB1046 Anderson

Passed 37 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 35003
Democratic 1001
Republican 1000
Total 37004
% of votes cast 90%0%0%10%
How each member voted (41)
Member Party Vote
Yee — Yea
Ashburn — Yea
Hancock — Yea
Harman — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Corbett — Yea
Huff — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Benoit — Not Voting
Ducheny — Yea
Dutton — Yea
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Romero — Yea
Walters — Yea
Wiggins — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Hollingsworth — Yea
Kehoe — Yea
Maldonado — Yea
Simitian — Yea
Steinberg — Yea
Wolk — Yea
Cedillo — Yea
Cogdill — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Yea

Official roll call →

AB 1046 ANDERSON Consent Calendar Second Day Regular Session

Passed 91 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 83001
Democratic 5000
Republican 3000
Total 91001
% of votes cast 99%0%0%1%
How each member voted (92)
Member Party Vote
Hagman — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Evans — Yea
Feuer — Yea
Fuller — Yea
Charles — Yea
Furutani — Yea
Garrick — Yea
Gilmore — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hill — Yea
Huber — Yea
Fletcher — Yea
Gaines — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Coto — Yea
Davis — Yea
Duvall — Yea
Knight — Yea
Krekorian — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Price — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Bass — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huffman — Not Voting
Jeffries — Yea
Lieu — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Ruskin — Yea
Smyth — Yea
Torlakson — Yea
Tran — Yea
Emmerson — Yea
Eng — Yea
DeVore — Yea
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 21 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 19000
Democratic 1000
Republican 1001
Total 21001
% of votes cast 95%0%0%5%
How each member voted (22)
Member Party Vote
Hall — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Fuentes — Yea
Harkey — Yea
Duvall — Yea
Miller — Yea
Nielsen — Yea
Price — Yea
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Skinner — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Not Voting
Strickland, Tony Republican Yea

Official roll call →

Subjects

finance housing
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Frequently asked questions

What does AB 1046 do?
Existing law provides that a specified portion of equity in a homestead, as defined, is exempt from execution to satisfy a judgment debt. Existing law provides a base exemption of $50,000, an exemption of $75,000 if the judgment debtor or his or her spouse who resides in the homestead is, at the time of the sale, a member of a family unit, and one member of the family unit is without an interest, or with only a limited interest, as specified, in the homestead, and an exemption of $150,000 if the judgment debtor or the spouse of the judgment debtor who resides in the homestead is, at the time of the sale, 65 years of age or older, disabled, or 55 years of age or older with a limited income, as specified. Existing law requires the Judicial Council to adjust specified exemptions from execution at 3-year intervals based on the change in the annual California Consumer Price Index for All Urban Consumers, and to publish a list of the current dollar amounts of those exemptions, as specified. This bill would increase the homestead exemptions described above to $75,000, $100,000, and $175,000, respectively. The bill would require the Judicial Council to determine, on or before April 1, 2010, and at each 3-year interval ending on April 1 thereafter, to submit to the Legislature the amount by which the dollar amounts of the exemptions applicable to that exempt property may be increased based on the change in the annual California Consumer Price Index for All Urban Consumers. The bill would provide that those increases shall not take effect unless they are approved by the Legislature. The bill would require the Judicial Council to publish a list of the current dollar amounts of those exemptions.
Who sponsors AB 1046?
AB 1046 is sponsored by Anderson, Gilmore, and Lieu.
What is the current status of AB 1046?
This bill has been enacted into law. Introduced February 27, 2009. Enacted.
Where can I track AB 1046?
Track AB 1046 free on One Click Politics — get push/email alerts when it moves.

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