California 2009-2010 Regular Session Status: Enacted

AB 680 — Local government: fees and judgments.

Last action — Chaptered by Secretary of State - Chapter 4, Statutes of 2010.

  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 26, 2009. 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 5 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

(1) Existing law, in the case of a writ issued to enforce a judgment, requires a levying officer to, among other things, compute and collect the amount of additional interest accrued on the principal amount of the judgment remaining unsatisfied from the date of issuance of the writ until the date interest ceases to accrue. Existing law permits the levying officer to adjust the amount of daily interest to reflect partial satisfaction, if the amounts collected periodically do not fully satisfy the money judgment. This bill would instead require the levying officer to make that adjustment. (2) Existing law requires a levying officer to distribute the proceeds or collection of a money judgment by a writ of execution in order of priority, including to the judgment creditor to (A) satisfy costs and interest accruing after issuance of the writ pursuant to which the sale or collection is conducted, and (B) satisfy the amount due on the judgment with costs and interest, as entered on the writ. This bill would specify that the proceeds or collection of a money judgment to a judgment creditor be distributed in that order. The bill would also specify that a distribution to the judgment creditor (A) satisfy any costs and interest accruing on the judgment after issuance of the writ pursuant to which the sale or collection is conducted, and (B) satisfy the principal amount due on the judgment with costs and interest, as entered on the writ. (3) Existing law requires the levying officer to promptly distribute the proceeds of a sale or collection to the entitled parties, and authorizes the levying officer, if the proceeds are not to be received in one payment, to accumulate proceeds received during a 30-day period and make payment of those proceeds to the entitled parties within 20 days of the end of the 30-day period. This bill would require the levying officer, if proceeds are not received in one payment, to make payment of those proceeds to the entitled parties within 10 days of the end of the 30-day period. (4) Existing law authorizes a person entitled to money held by a sheriff to make a demand for that money, and if the sheriff neglects or refuses to pay over to that person the amount owed, the person is authorized to recover the amount owed, 25% damages, and interest at a rate of 10% per month from the time of a demand. These provisions apply to a levying officer if the levying officer fails to pay the proceeds or deposit them with the court, as specified, a person entitled to any of the proceeds has filed a written demand for payment with the levying officer, and the levying officer has failed, within 10 days after the demand is filed, to pay the person that filed the demand the proceeds to which the person is entitled. The bill would authorize a judgment creditor to file an ex parte application for an order directing the levying officer to show cause why relief should not be granted pursuant to those provisions, as specified. The bill would also authorize a person to make a demand for proceeds to the levying officer in person or by certified mail. This bill would also authorize a person who has made a demand for payment to the sheriff, if the sheriff has neglected or refused to pay over to that person the amount owed, to receive costs, including reasonable attorney's fees. (5) Existing law bars a suit for money or damages against a local public entity on a cause of action for which a claim is required to be presented, until a written claim for it has been presented to the public entity and acted upon by the governing body of the local public entity, or has been deemed to have been rejected, except as specified. This bill would exempt claims for the recovery of money from a levying officer pursuant to a money judgment, under specified circumstances from these provisions. (6) Existing law prescribes fees for serving, executing, and processing required court notices, writs, orders, and other services provided by sheriffs and marshals. This bill would, as of January 1, 2011, revise and increase these fees, as specified. (7) Existing law prescribes a processing fee of $10 to be assessed for each disbursement of money collected pursuant to specified writs, and further requires that the proceeds of these fees be deposited in a special fund in the county treasury for vehicle fleet replacement and equipment, maintenance, and computer automation for sheriff court services and civil process operations. This bill would increase that processing fee to $12.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 4, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 12:05 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 54. Noes 12. Page 3910.)

  5. Ordered to third reading.

  6. Notice of intention to remove from inactive file given by Assembly Member Krekorian.

  7. To inactive file on motion of Assembly Member Torrico.

  8. In Assembly. Concurrence in Senate amendments pending.

  9. Read third time, passed, and to Assembly. (Ayes 26. Noes 9. Page 2334.)

  10. Read second time. To third reading.

  11. From committee: Do pass. (Ayes 4. Noes 1.) (July 7).

  12. In committee: Hearing postponed by committee.

  13. In committee: Hearing postponed by committee.

  14. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  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 64. Noes 13. Page 1735.)

  18. Read second time. To third reading.

  19. Read second time and amended. Ordered returned to second reading.

  20. From committee: Amend, and do pass as amended. (Ayes 8. Noes 2.) (May 12).

  21. In committee: Set, second hearing. Hearing canceled at the request of author.

  22. In committee: Hearing postponed by committee.

  23. In committee: Set, first hearing. Hearing canceled at the request of author.

  24. Referred to Com. on JUD.

  25. From printer. May be heard in committee March 29.

  26. Read first time. To print.

Sponsors

  • Hall · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Hall

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

AB 680 HALL Concurrence in Senate Amendments

Passed 63 Yea · 12 Nay · 15 Other
Party YeaNayPresentNot Voting
Unaffiliated 5811015
Democratic 3000
Republican 2100
Total 6312015
% of votes cast 70%13%0%17%
How each member voted (90)
Member Party Vote
Chesbro — Yea
Conway — Yea
Coto — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Charles — Yea
Gilmore — Yea
Harkey — Nay
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Saldana — Yea
Audra — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Hill — Yea
Huffman — Yea
Jeffries — Nay
Lieu — Yea
Logue — Nay
Mendoza — Yea
Miller — Nay
Nava — Yea
Nestande — Yea
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torrico — Yea
De — Not Voting
Leon — Not Voting
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
Salas — Not Voting
Carter — Not Voting
Hagman — Not Voting
Hall — Not Voting
Bass — Not Voting
Silva — Nay
Torlakson — Not Voting
Villines — Nay
Adams — Yea
Anderson — Nay
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Nay
Ma — Yea
Monning — Yea
Nielsen — Yea
Smyth — Yea
Torres — Yea
Tran — Nay
Cook — Not Voting
Emmerson — Not Voting
Evans — Yea
Davis — Not Voting
DeVore — Not Voting
Yamada — Yea
Fuller — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB680 Hall By Corbett

Passed 26 Yea · 10 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 231005
Democratic 2000
Republican 1000
Total 261005
% of votes cast 63%24%0%12%
How each member voted (41)
Member Party Vote
Cedillo — Not Voting
Hancock — Yea
Hollingsworth — Nay
Yee — Yea
Cogdill — Nay
Huff — Nay
Kehoe — Yea
Leno — Yea
Lowenthal — Yea
Runner — Yea
McLeod — Nay
Oropeza — Not Voting
Negrete — Nay
Corbett — Yea
Pavley — Yea
Correa — Nay
Ducheny — Yea
Price — Yea
Alquist — Yea
Benoit — Nay
Dutton — Not Voting
Steinberg — Yea
Wiggins — Yea
Wolk — Yea
Aanestad — Not Voting
Ashburn — Nay
Harman — Yea
Liu — Yea
Maldonado — Yea
Romero — Yea
Simitian — Yea
Walters — Nay
Wright — Yea
Wyland — Nay
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 4 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4100
Total 4100
% of votes cast 80%20%0%0%
How each member voted (5)
Member Party Vote
Harman — Yea
Leno — Yea
Walters — Nay
Corbett — Yea
Florez — Yea

Official roll call →

AB 680 HALL Assembly Third Reading

Passed 76 Yea · 13 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 691203
Democratic 5000
Republican 2100
Total 761303
% of votes cast 83%14%0%3%
How each member voted (92)
Member Party Vote
Hall — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Charles — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Emmerson — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Evans — Yea
Gaines — Nay
Feuer — Yea
Davis — Yea
Fuentes — Yea
Fuller — Nay
Bass — Yea
Duvall — Not Voting
Garrick — Nay
Gilmore — Yea
Hagman — Not Voting
Harkey — Nay
Hayashi — Yea
Hill — Yea
Huber — Yea
Jeffries — Not Voting
Knight — Nay
Lieu — Yea
Logue — Nay
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Price — Yea
Ruskin — Yea
Silva — Nay
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Nay
Villines — Nay
Adams — Yea
Anderson — Nay
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Krekorian — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Smyth — Nay
Swanson — Yea
Torrico — Yea
Coto — Yea
Eng — Yea
DeVore — Nay
Yamada — Yea
Furutani — 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 Nay
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 8 Yea · 2 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 7200
Total 8200
% of votes cast 80%20%0%0%
How each member voted (10)
Member Party Vote
Feuer — Yea
Knight — Nay
Krekorian — Yea
Monning — Yea
Nielsen — Yea
Tran — Nay
Brownley — Yea
Lieu — Yea
Evans — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

finance
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 AB 680 do?
(1) Existing law, in the case of a writ issued to enforce a judgment, requires a levying officer to, among other things, compute and collect the amount of additional interest accrued on the principal amount of the judgment remaining unsatisfied from the date of issuance of the writ until the date interest ceases to accrue. Existing law permits the levying officer to adjust the amount of daily interest to reflect partial satisfaction, if the amounts collected periodically do not fully satisfy the money judgment. This bill would instead require the levying officer to make that adjustment. (2) Existing law requires a levying officer to distribute the proceeds or collection of a money judgment by a writ of execution in order of priority, including to the judgment creditor to (A) satisfy costs and interest accruing after issuance of the writ pursuant to which the sale or collection is conducted, and (B) satisfy the amount due on the judgment with costs and interest, as entered on the writ. This bill would specify that the proceeds or collection of a money judgment to a judgment creditor be distributed in that order. The bill would also specify that a distribution to the judgment creditor (A) satisfy any costs and interest accruing on the judgment after issuance of the writ pursuant to which the sale or collection is conducted, and (B) satisfy the principal amount due on the judgment with costs and interest, as entered on the writ. (3) Existing law requires the levying officer to promptly distribute the proceeds of a sale or collection to the entitled parties, and authorizes the levying officer, if the proceeds are not to be received in one payment, to accumulate proceeds received during a 30-day period and make payment of those proceeds to the entitled parties within 20 days of the end of the 30-day period. This bill would require the levying officer, if proceeds are not received in one payment, to make payment of those proceeds to the entitled parties within 10 days of the end of the 30-day period. (4) Existing law authorizes a person entitled to money held by a sheriff to make a demand for that money, and if the sheriff neglects or refuses to pay over to that person the amount owed, the person is authorized to recover the amount owed, 25% damages, and interest at a rate of 10% per month from the time of a demand. These provisions apply to a levying officer if the levying officer fails to pay the proceeds or deposit them with the court, as specified, a person entitled to any of the proceeds has filed a written demand for payment with the levying officer, and the levying officer has failed, within 10 days after the demand is filed, to pay the person that filed the demand the proceeds to which the person is entitled. The bill would authorize a judgment creditor to file an ex parte application for an order directing the levying officer to show cause why relief should not be granted pursuant to those provisions, as specified. The bill would also authorize a person to make a demand for proceeds to the levying officer in person or by certified mail. This bill would also authorize a person who has made a demand for payment to the sheriff, if the sheriff has neglected or refused to pay over to that person the amount owed, to receive costs, including reasonable attorney's fees. (5) Existing law bars a suit for money or damages against a local public entity on a cause of action for which a claim is required to be presented, until a written claim for it has been presented to the public entity and acted upon by the governing body of the local public entity, or has been deemed to have been rejected, except as specified. This bill would exempt claims for the recovery of money from a levying officer pursuant to a money judgment, under specified circumstances from these provisions. (6) Existing law prescribes fees for serving, executing, and processing required court notices, writs, orders, and other services provided by sheriffs and marshals. This bill would, as of January 1, 2011, revise and increase these fees, as specified. (7) Existing law prescribes a processing fee of $10 to be assessed for each disbursement of money collected pursuant to specified writs, and further requires that the proceeds of these fees be deposited in a special fund in the county treasury for vehicle fleet replacement and equipment, maintenance, and computer automation for sheriff court services and civil process operations. This bill would increase that processing fee to $12.
Who sponsors AB 680?
AB 680 is sponsored by Hall.
What is the current status of AB 680?
This bill has been enacted into law. Introduced February 26, 2009. Enacted.
Where can I track AB 680?
Track AB 680 free on One Click Politics — get push/email alerts when it moves.

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