California 2015-2016 Regular Session Status: Passed Senate

SB 308 — Debtor exemptions.

Last action — From Assembly without further action.

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

This bill died with 2015-2016 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law prohibits the seller or holder of a conditional sale contract for a motor vehicle from accelerating the maturity of any part or all of the amount due under the contract or repossessing the vehicle in the absence of default in the performance of any of the buyer's obligations under the contract. This bill would provide that neither the act of filing a bankruptcy petition by the buyer or other person liable on the contract nor the status of either of those persons as a debtor in bankruptcy constitutes a default in the performance of any of the buyer's obligations under the contract and neither may be used as a basis for accelerating the maturity of any part or all of the amount due under the contract or for repossessing the motor vehicle. 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 property described in statute as exempt may be claimed within the time and in the manner prescribed in the applicable enforcement procedure, and property described in statute as exempt without making a claim is not subject to any procedure for enforcement of a money judgment. These general exemptions are available to a debtor in a federal bankruptcy case, whether a money judgment is being enforced by execution sale or other procedure, unless the debtor elects certain alternative exemptions. Existing law requires the Judicial Council to, every 3 years, adjust the amount of the exemptions applicable to exempt property based on the change in the annual California Consumer Price Index for All Urban Consumers, and to prepare conforming forms for those adjustments. This bill would increase the statutory amounts of various exemptions to reflect the amounts of the exemptions as adjusted by the Judicial Council effective April 1, 2013. Existing law authorizes a husband and wife who jointly file a bankruptcy petition to jointly elect to utilize the general exemptions or the alternative exemptions, but not both. The general exemptions are applicable if a bankruptcy petition is filed individually, and not jointly, for a husband or a wife, except that the husband and wife may jointly waive in writing their right to claim, during the period the case commenced by filing the petition is pending, the general exemptions and instead elect to utilize the alternative exemptions. This bill would provide that a joint waiver is not required from a debtor who is separated from his or her spouse as of the date the bankruptcy petition is filed, unless, on the petition date, the debtor and the debtor's spouse shared an ownership interest in property that could be exempted as a homestead, as specified. Existing law includes an alternative exemption for the debtor's right to receive a payment under a stock bonus, pension, profit-sharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, unless all of several specified conditions apply, including that the plan or contract does not qualify under specified provisions of the federal Internal Revenue Code of 1986. This bill would provide that a plan or contract covered by this alternative exemption would be exempt even if it did not qualify under the specified provisions of the federal Internal Revenue Code of 1986 so long as the sole basis for the failure to qualify is a technical defect. Existing law includes alternative exemptions for the debtor's right to receive, or property that is traceable to, a payment on account of the wrongful death of an individual of whom the debtor was a dependent and a payment under a life insurance contract that insured the life of an individual of whom the debtor was a dependent on the date of that individual's death. This bill would make these exemptions applicable, as well, to payments regarding an individual of whom the debtor was a spouse. Existing law includes an alternative exemption for the debtor's right to receive, or property that is traceable to, a payment on account of personal bodily injury of the debtor or an individual of whom the debtor is a dependent. Existing law sets this amount as $25,575, as adjusted by the Judicial Council. This bill would make this exemption applicable, as well, to a payment on account of personal bodily injury of the spouse of the debtor. Existing law includes an alternative exemption for the debtor's right to receive, or property that is traceable to, a payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent to the extent reasonably necessary for the support of the debtor and a dependent of the debtor. This bill would make this exemption applicable, as well, to a payment regarding an individual of whom the debtor is or was a spouse, and would provide that the exemption applies to the extent reasonably necessary for the support of the debtor and a spouse or dependent of the debtor. Existing law provides that vacation credits, as defined, are exempt from enforcement of a money judgment without making a claim. This bill would delete the definition of "vacation credits" set forth in these provisions and expand this general exemption to also include accrued or unused vacation pay, sick leave, and family leave. The bill also would add an alternative exemption for the debtor's right to receive these expanded assets. Existing law exempts any combination of aggregate equity in motor vehicles, the proceeds of an execution sale of a motor vehicle, and the proceeds of insurance or other indemnification for the loss, damage, or destruction of a motor vehicle. Existing law sets this amount of this exemption, as adjusted by the Judicial Council, at $2,900. Existing law includes an alternative exemption for up to $5,100, as adjusted by the Judicial Council, of the debtor's interest in one or more motor vehicles. This bill would increase the amount of the general and alternative exemption for motor vehicle equity to $6,000, and make conforming changes. This bill would provide that the aggregate interest of a debtor who is engaged in business, not to exceed $5,000 in cash or deposit accounts, accounts receivable, and inventory of the business is exempt. Existing law includes an alternative exemption for the debtor's right to receive alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor. This bill would provide that these assets are exempt, thereby adding a general exemption matching the existing alternative exemption. Existing law provides that all amounts held, controlled, or in process of distribution by a private retirement plan, for the payment of benefits as an annuity, pension, retirement allowance, disability payment, or death benefit from a private retirement plan are exempt. Existing law defines "private retirement plan" to include self-employed retirement plans and individual retirement annuities or accounts provided for in the federal Internal Revenue Code of 1986, including individual retirement accounts qualified under specified provisions of that code. This bill would expand this exemption to also include individual retirement accounts that do not qualify under those specified provisions on the basis of a technical defect alone. Existing law provides that various causes of action and awards of damages or settlements arising out of those actions are exempt to varying extent, as specified. This bill would provide that a cause of action arising out of or regarding the violation of any law relating to the judgment debtor's employment is exempt without making a claim, except as provided in specified statutory provisions, and an award of damages or a settlement arising out of or regarding the violation of any law relating to the judgment debtor's employment is exempt to the extent necessary for the support of the judgment debtor and the spouse and dependents of the judgment debtor. The bill also would add identical alternative exemptions in this regard. Existing law provides that the proceeds of sale or of insurance or other indemnification for damage or destruction of a homestead, the proceeds received as compensation for a homestead acquired for public use, or the proceeds from a voluntary sale of a declared homestead, are exempt in the amount of the homestead exemption provided in a specified statute for a period of 6 months after the time the proceeds are actually received by the judgment debtor, except as provided. This bill would specify that, in a case under Title 11 of the United States Code, regardless of whether the sale is voluntary or involuntary, the expiration of the 6-month period at any time after the filing of the case does not terminate the exempt status of the homestead or its proceeds. Existing law provides that a specified portion of equity in a homestead, as defined, is exempt from execution to satisfy a judgment debt and prescribes that the amount of the homestead exemption is either $75,000, $100,000, or $175,000, depending on certain characteristics of the homestead's residents. This bill would increase these exemptions to $100,000, $150,000, or $300,000, respectively. This bill would incorporate changes to Section 703.140 of the Code of Civil Procedure proposed by both this bill and SB 1005, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last.

Bill Text

Action History

  1. From Assembly without further action.

  2. Read third time. Refused passage. (Ayes 31. Noes 32. Page 6308.)

  3. Ordered to third reading.

  4. Read third time and amended.

  5. Reconsideration granted. (Ayes 48. Noes 22. Page 5979.)

  6. Motion to reconsider made by Assembly Member Mark Stone.

  7. Read third time. Refused passage. (Ayes 33. Noes 24. Page 5332.)

  8. Ordered to third reading.

  9. Read third time and amended. (Ayes 40. Noes 24. Page 5277.)

  10. Ordered to third reading.

  11. From inactive file.

  12. Notice of intention to remove from inactive file given by Assembly Member Calderon.

  13. Ordered to inactive file on request of Assembly Member Holden.

  14. Reconsideration granted.

  15. Motion to reconsider made by Assembly Member Bloom.

  16. Read third time. Refused passage. (Ayes 21. Noes 35. Page 3033.)

  17. Ordered to third reading.

  18. Read third time and amended.

  19. Read second time. Ordered to third reading.

  20. From committee: Do pass. (Ayes 12. Noes 5.) (August 26).

  21. August 19 hearing postponed by committee.

  22. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  23. Read second time and amended. Re-referred to Com. on APPR.

  24. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 3.) (June 30).

  25. Referred to Com. on JUD.

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

  27. Read third time. Passed. (Ayes 23. Noes 13. Page 1062.) Ordered to the Assembly.

  28. Read second time. Ordered to third reading.

  29. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  30. Set for hearing May 18.

  31. Read second time and amended. Re-referred to Com. on APPR.

  32. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 819.) (April 28).

  33. Set for hearing April 28.

  34. April 14 set for first hearing canceled at the request of author.

  35. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  36. Set for hearing April 14.

  37. Referred to Com. on JUD.

  38. From printer. May be acted upon on or after March 26.

  39. 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 · 12 voted No

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

SB 308 Wieckowski Senate Third Reading By STONE

Failed 31 Yea · 32 Nay · 17 Other
Party YeaNayPresentNot Voting
Unaffiliated 2826016
Democratic 3101
Republican 0500
Total 3132017
% of votes cast 39%40%0%21%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Baker — Nay
Bloom — Yea
Brough — Nay
Jones-Sawyer — Yea
Kim — Nay
Levine — Nay
Maienschein — Nay
Mathis — Nay
Mayes — Not Voting
Nazarian — Yea
O'Donnell — Not Voting
Ting — Yea
Wagner — Nay
Waldron — Not Voting
Eggman — Yea
Cooper — Not Voting
Frazier — Nay
Gatto — Nay
Gomez — Yea
Bonilla — Yea
Gordon — Yea
Gray — Yea
Lopez — Yea
Harper — Nay
Atkins — Yea
Salas — Nay
Campos — Nay
Low — Yea
McCarty — Nay
Medina — Yea
Melendez — Nay
Mullin — Yea
Bigelow — Nay
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooley — Nay
Dababneh — Nay
Dodd — Yea
Quirk — Yea
Rendon — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Weber — Yea
Wilk — Nay
Williams — Yea
Burke — Not Voting
Chang — Nay
Holden — Not Voting
Alejo — Not Voting
Brown — Not Voting
Daly — Not Voting
Linder — Not Voting
Obernolte — Not Voting
Olsen — Not Voting
Rodriguez — Not Voting
Santiago — Not Voting
Steinorth — Nay
Wood — Nay
Hadley — Not Voting
Beth Gaines — Nay
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Not Voting
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

SB 308 Wieckowski Motion to Reconsider By STONE

Passed 48 Yea · 22 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 4317010
Democratic 5000
Republican 0500
Total 4822010
% of votes cast 60%28%0%13%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Bloom — Yea
Brough — Nay
Brown — Yea
Harper — Nay
Holden — Not Voting
Maienschein — Nay
Mathis — Not Voting
Nazarian — Yea
Olsen — Not Voting
Rendon — Yea
Santiago — Yea
Steinorth — Nay
Wagner — Nay
Wilk — Yea
Eggman — Yea
Cooper — Yea
Daly — Yea
Bonilla — Yea
Frazier — Yea
Gatto — Yea
Gray — Yea
Gomez — Yea
Gordon — Yea
Lopez — Yea
Jones-Sawyer — Yea
Levine — Yea
Low — Yea
Atkins — Yea
Mayes — Nay
McCarty — Yea
Medina — Yea
Salas — Nay
Burke — Yea
Melendez — Nay
Mullin — Yea
Campos — Yea
Chang — Nay
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooley — Yea
Dababneh — Yea
O'Donnell — Yea
Quirk — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Thurmond — Yea
Ting — Yea
Waldron — Nay
Weber — Yea
Williams — Yea
Dodd — Not Voting
Baker — Nay
Bigelow — Not Voting
Kim — Not Voting
Linder — Nay
Obernolte — Not Voting
Wood — Not Voting
Hadley — Not Voting
Beth Gaines — Nay
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

SB 308 Wieckowski Senate Third Reading By STONE

Failed 33 Yea · 24 Nay · 23 Other
Party YeaNayPresentNot Voting
Unaffiliated 2920021
Democratic 4001
Republican 0401
Total 3324023
% of votes cast 41%30%0%29%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Brown — Not Voting
Jones-Sawyer — Yea
Maienschein — Nay
Mathis — Not Voting
Nazarian — Yea
Santiago — Not Voting
Ting — Yea
Weber — Not Voting
Wood — Not Voting
Eggman — Yea
Chávez — Nay
Cooper — Not Voting
Frazier — Not Voting
Gatto — Nay
Bonilla — Yea
Gray — Yea
Low — Yea
Lopez — Yea
Daly — Yea
Dodd — Yea
Medina — Yea
Mullin — Yea
Rendon — Yea
Atkins — Yea
Gordon — Yea
Salas — Nay
Burke — Not Voting
Harper — Nay
Holden — Yea
Campos — Not Voting
Chang — Nay
Kim — Nay
Levine — Nay
Linder — Not Voting
Alejo — Not Voting
Baker — Nay
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Not Voting
Dababneh — Not Voting
Mayes — Nay
McCarty — Not Voting
Melendez — Nay
O'Donnell — Not Voting
Obernolte — Not Voting
Olsen — Not Voting
Quirk — Yea
Ridley-Thomas — Yea
Rodriguez — Not Voting
Steinorth — Nay
Thurmond — Yea
Wagner — Nay
Waldron — Not Voting
Wilk — Nay
Williams — Yea
Gomez — Yea
Hadley — Not Voting
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Not Voting
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

SB 308 Wieckowski Senate Third Reading Amend By STONE Set #1

Passed 40 Yea · 24 Nay · 16 Other
Party YeaNayPresentNot Voting
Unaffiliated 3521014
Democratic 5000
Republican 0302
Total 4024016
% of votes cast 50%30%0%20%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Bloom — Yea
Brough — Nay
Brown — Not Voting
Maienschein — Nay
Mathis — Nay
O'Donnell — Not Voting
Obernolte — Nay
Ridley-Thomas — Yea
Santiago — Yea
Thurmond — Yea
Wagner — Nay
Weber — Yea
Wilk — Nay
Eggman — Yea
Cooper — Not Voting
Frazier — Not Voting
Gomez — Yea
Gordon — Yea
Holden — Yea
Jones-Sawyer — Yea
Lopez — Yea
Levine — Yea
Low — Yea
McCarty — Yea
Medina — Yea
Atkins — Yea
Mullin — Yea
Burke — Yea
Campos — Yea
Chau — Yea
Chiu — Yea
Cooley — Yea
Dababneh — Yea
Nazarian — Yea
Rendon — Yea
Rodriguez — Yea
Williams — Yea
Salas — Nay
Chang — Not Voting
Gatto — Nay
Chu — Yea
Bonilla — Not Voting
Harper — Nay
Gray — Not Voting
Kim — Nay
Chávez — Nay
Linder — Nay
Alejo — Not Voting
Baker — Nay
Bigelow — Nay
Daly — Not Voting
Dodd — Not Voting
Mayes — Nay
Melendez — Nay
Olsen — Not Voting
Quirk — Yea
Steinorth — Not Voting
Ting — Yea
Waldron — Nay
Wood — Yea
Hadley — Nay
Beth Gaines — Nay
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Not Voting
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Not Voting
Grove, Shannon Republican Nay
Jones, Brian W. Republican Not Voting
Lackey, Tom Republican Nay

Official roll call →

SB 308 Wieckowski Senate Third Reading By BLOOM

Failed 21 Yea · 35 Nay · 24 Other
Party YeaNayPresentNot Voting
Unaffiliated 2030021
Democratic 1003
Republican 0500
Total 2135024
% of votes cast 26%44%0%30%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Not Voting
Bloom — Yea
Brough — Nay
Brown — Not Voting
Maienschein — Nay
Mathis — Nay
Obernolte — Nay
Perea — Not Voting
Rodriguez — Not Voting
Wagner — Nay
Weber — Not Voting
Eggman — Yea
Chu — Not Voting
Daly — Not Voting
McCarty — Not Voting
Ridley-Thomas — Not Voting
Santiago — Not Voting
Steinorth — Not Voting
Waldron — Not Voting
Wood — Not Voting
Bonilla — Yea
Frazier — Nay
Lopez — Yea
Gatto — Nay
Gordon — Yea
Atkins — Yea
Harper — Nay
Salas — Nay
Burke — Yea
Holden — Yea
Jones-Sawyer — Not Voting
Kim — Nay
Gray — Nay
Levine — Nay
Linder — Nay
Low — Not Voting
Campos — Yea
Chang — Nay
Mayes — Nay
Medina — Nay
Melendez — Nay
Baker — Nay
Bigelow — Nay
Chau — Yea
Chiu — Yea
Chávez — Nay
Cooley — Nay
Cooper — Not Voting
Dababneh — Nay
Dodd — Nay
Mullin — Yea
Nazarian — Yea
O'Donnell — Not Voting
Olsen — Nay
Quirk — Yea
Rendon — Yea
Thurmond — Yea
Ting — Yea
Wilk — Nay
Williams — Yea
Gomez — Not Voting
Hadley — Nay
Beth Gaines — Nay
Cristina Garcia — Not Voting
Eduardo Garcia — Not Voting
Jim Patterson — Nay
Lorena Gonzalez — Not Voting
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Not Voting
Gipson, Mike A. Democratic Not Voting
Irwin, Jacqui Democratic Not Voting
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10300
Republican 0200
Democratic 2000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Holden — Yea
Wagner — Nay
Wood — Yea
Eggman — Yea
Gomez — Yea
Chang — Nay
Gordon — Yea
Quirk — Yea
Bigelow — Nay
Bloom — Yea
Rendon — Yea
Weber — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading

Passed 23 Yea · 13 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 211203
Democratic 2100
Total 231303
% of votes cast 59%33%0%8%
How each member voted (39)
Member Party Vote
Hertzberg — Yea
Hill — Yea
Leyva — Yea
Liu — Yea
Morrell — Nay
Pan — Yea
Roth — Yea
Wieckowski — Yea
Hernandez — Yea
Hueso — Yea
Mitchell — Yea
De León — Yea
Lara — Yea
Leno — Yea
Pavley — Yea
Wolk — Yea
Mendoza — Yea
Block — Yea
Cannella — Not Voting
Hall — Yea
Hancock — Yea
Huff — Nay
Monning — Yea
Runner — Nay
Moorlach — Nay
Allen — Not Voting
Nielsen — Nay
Vidak — Nay
Anderson — Nay
Bates — Nay
Beall — Yea
Fuller — Nay
Galgiani — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Subjects

finance housing labor
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Frequently asked questions

What does SB 308 do?
Existing law prohibits the seller or holder of a conditional sale contract for a motor vehicle from accelerating the maturity of any part or all of the amount due under the contract or repossessing the vehicle in the absence of default in the performance of any of the buyer's obligations under the contract. This bill would provide that neither the act of filing a bankruptcy petition by the buyer or other person liable on the contract nor the status of either of those persons as a debtor in bankruptcy constitutes a default in the performance of any of the buyer's obligations under the contract and neither may be used as a basis for accelerating the maturity of any part or all of the amount due under the contract or for repossessing the motor vehicle. 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 property described in statute as exempt may be claimed within the time and in the manner prescribed in the applicable enforcement procedure, and property described in statute as exempt without making a claim is not subject to any procedure for enforcement of a money judgment. These general exemptions are available to a debtor in a federal bankruptcy case, whether a money judgment is being enforced by execution sale or other procedure, unless the debtor elects certain alternative exemptions. Existing law requires the Judicial Council to, every 3 years, adjust the amount of the exemptions applicable to exempt property based on the change in the annual California Consumer Price Index for All Urban Consumers, and to prepare conforming forms for those adjustments. This bill would increase the statutory amounts of various exemptions to reflect the amounts of the exemptions as adjusted by the Judicial Council effective April 1, 2013. Existing law authorizes a husband and wife who jointly file a bankruptcy petition to jointly elect to utilize the general exemptions or the alternative exemptions, but not both. The general exemptions are applicable if a bankruptcy petition is filed individually, and not jointly, for a husband or a wife, except that the husband and wife may jointly waive in writing their right to claim, during the period the case commenced by filing the petition is pending, the general exemptions and instead elect to utilize the alternative exemptions. This bill would provide that a joint waiver is not required from a debtor who is separated from his or her spouse as of the date the bankruptcy petition is filed, unless, on the petition date, the debtor and the debtor's spouse shared an ownership interest in property that could be exempted as a homestead, as specified. Existing law includes an alternative exemption for the debtor's right to receive a payment under a stock bonus, pension, profit-sharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, unless all of several specified conditions apply, including that the plan or contract does not qualify under specified provisions of the federal Internal Revenue Code of 1986. This bill would provide that a plan or contract covered by this alternative exemption would be exempt even if it did not qualify under the specified provisions of the federal Internal Revenue Code of 1986 so long as the sole basis for the failure to qualify is a technical defect. Existing law includes alternative exemptions for the debtor's right to receive, or property that is traceable to, a payment on account of the wrongful death of an individual of whom the debtor was a dependent and a payment under a life insurance contract that insured the life of an individual of whom the debtor was a dependent on the date of that individual's death. This bill would make these exemptions applicable, as well, to payments regarding an individual of whom the debtor was a spouse. Existing law includes an alternative exemption for the debtor's right to receive, or property that is traceable to, a payment on account of personal bodily injury of the debtor or an individual of whom the debtor is a dependent. Existing law sets this amount as $25,575, as adjusted by the Judicial Council. This bill would make this exemption applicable, as well, to a payment on account of personal bodily injury of the spouse of the debtor. Existing law includes an alternative exemption for the debtor's right to receive, or property that is traceable to, a payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent to the extent reasonably necessary for the support of the debtor and a dependent of the debtor. This bill would make this exemption applicable, as well, to a payment regarding an individual of whom the debtor is or was a spouse, and would provide that the exemption applies to the extent reasonably necessary for the support of the debtor and a spouse or dependent of the debtor. Existing law provides that vacation credits, as defined, are exempt from enforcement of a money judgment without making a claim. This bill would delete the definition of "vacation credits" set forth in these provisions and expand this general exemption to also include accrued or unused vacation pay, sick leave, and family leave. The bill also would add an alternative exemption for the debtor's right to receive these expanded assets. Existing law exempts any combination of aggregate equity in motor vehicles, the proceeds of an execution sale of a motor vehicle, and the proceeds of insurance or other indemnification for the loss, damage, or destruction of a motor vehicle. Existing law sets this amount of this exemption, as adjusted by the Judicial Council, at $2,900. Existing law includes an alternative exemption for up to $5,100, as adjusted by the Judicial Council, of the debtor's interest in one or more motor vehicles. This bill would increase the amount of the general and alternative exemption for motor vehicle equity to $6,000, and make conforming changes. This bill would provide that the aggregate interest of a debtor who is engaged in business, not to exceed $5,000 in cash or deposit accounts, accounts receivable, and inventory of the business is exempt. Existing law includes an alternative exemption for the debtor's right to receive alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor. This bill would provide that these assets are exempt, thereby adding a general exemption matching the existing alternative exemption. Existing law provides that all amounts held, controlled, or in process of distribution by a private retirement plan, for the payment of benefits as an annuity, pension, retirement allowance, disability payment, or death benefit from a private retirement plan are exempt. Existing law defines "private retirement plan" to include self-employed retirement plans and individual retirement annuities or accounts provided for in the federal Internal Revenue Code of 1986, including individual retirement accounts qualified under specified provisions of that code. This bill would expand this exemption to also include individual retirement accounts that do not qualify under those specified provisions on the basis of a technical defect alone. Existing law provides that various causes of action and awards of damages or settlements arising out of those actions are exempt to varying extent, as specified. This bill would provide that a cause of action arising out of or regarding the violation of any law relating to the judgment debtor's employment is exempt without making a claim, except as provided in specified statutory provisions, and an award of damages or a settlement arising out of or regarding the violation of any law relating to the judgment debtor's employment is exempt to the extent necessary for the support of the judgment debtor and the spouse and dependents of the judgment debtor. The bill also would add identical alternative exemptions in this regard. Existing law provides that the proceeds of sale or of insurance or other indemnification for damage or destruction of a homestead, the proceeds received as compensation for a homestead acquired for public use, or the proceeds from a voluntary sale of a declared homestead, are exempt in the amount of the homestead exemption provided in a specified statute for a period of 6 months after the time the proceeds are actually received by the judgment debtor, except as provided. This bill would specify that, in a case under Title 11 of the United States Code, regardless of whether the sale is voluntary or involuntary, the expiration of the 6-month period at any time after the filing of the case does not terminate the exempt status of the homestead or its proceeds. Existing law provides that a specified portion of equity in a homestead, as defined, is exempt from execution to satisfy a judgment debt and prescribes that the amount of the homestead exemption is either $75,000, $100,000, or $175,000, depending on certain characteristics of the homestead's residents. This bill would increase these exemptions to $100,000, $150,000, or $300,000, respectively. This bill would incorporate changes to Section 703.140 of the Code of Civil Procedure proposed by both this bill and SB 1005, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last.
Who sponsors SB 308?
SB 308 is sponsored by Wieckowski.
What is the current status of SB 308?
This bill died with 2015-2016 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 308?
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