California 2009-2010 Regular Session Status: Enacted

AB 1549 — Judgment liens: priority.

Last action — Chaptered by Secretary of State - Chapter 153, Statutes of 2009.

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  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 March 09, 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

Existing law provides that a judgment lien on personal property is a lien on all interests in specified personal property, including accounts receivable, chattel paper, equipment, farm products, inventory, and negotiable documents of title, that are subject to enforcement of a money judgment against the judgment debtor at the time the lien is created if a security interest in the property could be perfected by filing a financing statement at that time with the Secretary of State, as specified. This bill would provide, with respect to those judgment liens on specified personal property, that the judgment debtor or subject property must be located in this state. This bill would also remove the requirement that a security interest in the property could be perfected at the time the lien is created. The bill would exclude from the operation of these provisions personal property that is as-extracted collateral, as defined, and timber to be cut. Existing law provides that priority between a judgment lien on personal property and a conflicting security interest in the same personal property shall be determined according to priority in time of filing or perfection. This bill would make agricultural liens on personal property also subject to this provision in determining priority of conflicting interests, except as provided. Existing law provides that, in order to levy an execution lien or attachment lien upon a deposit account, the levying officer shall personally serve a copy of the writ and a notice of levy on the financial institution with which the deposit account is maintained, or shall personally serve the writ and notice of levy to a centralized location within the county as designated by the financial institution. This bill would instead provide that the levying officer shall personally serve the writ and notice of levy to a centralized location within the state as designated by the financial institution. The bill would make other technical and nonsubstantive changes.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 153, Statutes of 2009.

  2. Approved by the Governor.

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

  4. Ordered returned to enrollment.

  5. Withdrawn from Governor.

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

  7. In Assembly. To enrollment.

  8. Read third time, passed, and to Assembly. (Ayes 40. Noes 0. Page 1376.)

  9. Read second time. To Consent Calendar.

  10. From committee: Do pass. To Consent Calendar. (June 16).

  11. Referred to Com. on JUD.

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

  13. Read third time, passed, and to Senate. (Ayes 78. Noes 0. Page 1368.)

  14. Read second time. To Consent Calendar.

  15. From committee: Do pass. To Consent Calendar. (May 4).

  16. From committee: Do pass, and re-refer to Com. on B. & F. with recommendation: To Consent Calendar. Re-referred. (Ayes 10. Noes 0.) (April 21).

  17. Re-referred to Com. on JUD.

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

  19. Referred to Coms. on JUD. and B. & F.

  20. From printer. May be heard in committee April 9.

  21. Read first time. To print.

Sponsors

  • Committee on Banking and Finance · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Committee on Banking and Finance

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

Consent Calendar 2nd AB1549 Committee on B. & F. (Nava)

Passed 41 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 38000
Democratic 2000
Republican 1000
Total 41000
% of votes cast 100%0%0%0%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Yea
Hollingsworth — Yea
Cogdill — Yea
Ducheny — Yea
Huff — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Oropeza — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Alquist — Yea
Ashburn — Yea
Dutton — Yea
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wyland — Yea
Wiggins — Yea
Wright — Yea
Aanestad — Yea
Benoit — Yea
Harman — Yea
Kehoe — Yea
Maldonado — Yea
Wolk — Yea
Cedillo — Yea
Corbett — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 1549 B.& F. Consent Calendar Second Day Regular Session

Passed 90 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 82002
Republican 3000
Democratic 5000
Total 90002
% of votes cast 98%0%0%2%
How each member voted (92)
Member Party Vote
Hagman — Yea
Saldana — Yea
Audra — Yea
Silva — Yea
Skinner — Yea
Bass — Yea
Duvall — Not Voting
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Evans — Yea
Feuer — Yea
Charles — Yea
Fuller — Yea
Furutani — Yea
Garrick — Yea
Gilmore — Yea
Hall — Yea
Harkey — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hernandez — Yea
Fletcher — Yea
Gaines — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Anderson — Yea
Beall — Yea
Coto — Yea
Davis — Yea
Huber — Yea
Huffman — Yea
Knight — Yea
Krekorian — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Price — Yea
Ruskin — Yea
Adams — Yea
Ammiano — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hill — Yea
Jeffries — Yea
Lieu — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Smyth — Yea
Villines — Yea
Emmerson — Yea
Eng — Yea
DeVore — Yea
Yamada — Not Voting
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 10 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 8002
Democratic 2000
Total 10002
% of votes cast 83%0%0%17%
How each member voted (12)
Member Party Vote
Fuentes — Yea
Gaines — Yea
Bonnie — Yea
Ruskin — Yea
Swanson — Yea
Torres — Not Voting
Tran — Yea
Anderson — Yea
Mendoza — Not Voting
Nava — Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea

Official roll call →

Subjects

finance agriculture
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Frequently asked questions

What does AB 1549 do?
Existing law provides that a judgment lien on personal property is a lien on all interests in specified personal property, including accounts receivable, chattel paper, equipment, farm products, inventory, and negotiable documents of title, that are subject to enforcement of a money judgment against the judgment debtor at the time the lien is created if a security interest in the property could be perfected by filing a financing statement at that time with the Secretary of State, as specified. This bill would provide, with respect to those judgment liens on specified personal property, that the judgment debtor or subject property must be located in this state. This bill would also remove the requirement that a security interest in the property could be perfected at the time the lien is created. The bill would exclude from the operation of these provisions personal property that is as-extracted collateral, as defined, and timber to be cut. Existing law provides that priority between a judgment lien on personal property and a conflicting security interest in the same personal property shall be determined according to priority in time of filing or perfection. This bill would make agricultural liens on personal property also subject to this provision in determining priority of conflicting interests, except as provided. Existing law provides that, in order to levy an execution lien or attachment lien upon a deposit account, the levying officer shall personally serve a copy of the writ and a notice of levy on the financial institution with which the deposit account is maintained, or shall personally serve the writ and notice of levy to a centralized location within the county as designated by the financial institution. This bill would instead provide that the levying officer shall personally serve the writ and notice of levy to a centralized location within the state as designated by the financial institution. The bill would make other technical and nonsubstantive changes.
Who sponsors AB 1549?
AB 1549 is sponsored by Committee on Banking and Finance.
What is the current status of AB 1549?
This bill has been enacted into law. Introduced March 09, 2009. Enacted.
Where can I track AB 1549?
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Last checked for changes 3 months ago · updated continuously

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