California 2019-2020 Regular Session Status: Enacted

SB 616 — Enforcement of money judgments: exemptions.

Last action — Chaptered by Secretary of State. Chapter 552, Statutes of 2019.

  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 22, 2019. 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 7 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 authorizes a judgment creditor to levy upon the property of a judgment debtor to satisfy a judgment, and authorizes the judgment debtor to claim that certain property is exempt from the levy by following a specified procedure. Existing law authorizes a claimant to assert an exemption by filing a claim of exemption with the levying officer within 10 days after the date the notice of levy on the property claimed to be exempt is served on the judgment debtor. Existing law authorizes a judgment creditor who opposes a claim of exemption to file a notice of opposition to the claim and a notice of motion for an order determining the claim within 10 days after service of the notice of claim of exemption. This bill would authorize a claimant to file a claim of exemption with the levying officer either in person or by mail and would specify that the period for filing the claim is 15 days if the judgment debtor is personally served with a notice of levy on the property claimed to be exempt, and 20 days if the claimant is served with notice by mail. The bill would deem the filing by mail complete on the date the claim is postmarked if the mailing is assigned a tracking number. If the mailing is not assigned a tracking number, the bill would deem the filing by mail complete on the date the claim is received by the levying officer. The bill would extend the period of time in which a judgment creditor may give notice of opposition to a claim of exemption to 15 days after service of the notice of claim of exemption. These provisions of the bill would become operative on September 1, 2020. (2) Existing law authorizes a judgment creditor to levy upon the earnings of a judgment debtor through specified wage garnishment procedures, and specifies the maximum amount of a judgment debtor's disposable earnings, as defined, that are subject to that garnishment. Existing law specifies certain property of a judgment debtor as exempt, including 75% of paid earnings of an employee that can be traced into deposit accounts or in the form of cash or its equivalent if prior to payment to the employee those earnings were not subject to an earnings withholding order or an earnings assignment order for support. This bill would instead, in the case of paid earnings that were not subject to an earnings withholding order or an earnings assignment order for support prior to payment to the employee, specify that disposable earnings that would otherwise not be subject to levy under the wage garnishment procedures described above are exempt. The bill would exempt from levy money provided to the judgment debtor by the Federal Emergency Management Agency. With certain enumerated exceptions, the bill would exempt from a levy money in a judgment debtor's deposit account in an amount equal to or less than the minimum basic standard of adequate care for a family of four, as specified. The bill would require a levy against a judgment debtor's deposit account to include a description of these requirements. The bill would also exempt from a levy money in a judgment debtor's deposit account that is not otherwise exempt under these provisions to the extent that money is necessary for the support of the judgment debtor and the spouse and dependents of the judgment debtor. This bill would require the Judicial Council to amend or adopt necessary forms. These provisions of the bill would become operative on September 1, 2020.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 552, Statutes of 2019.

  2. Approved by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 28. Noes 12. Page 2843.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 48. Noes 23. Page 3269.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended. (Ayes 53. Noes 16. Page 3076.)

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 11. Noes 5.) (August 21).

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

  12. July 3 hearing postponed by committee.

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 3.) (June 25). Re-referred to Com. on APPR.

  14. Referred to Com. on JUD.

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

  16. Read third time. Passed. (Ayes 26. Noes 9. Page 1364.) Ordered to the Assembly.

  17. Read second time. Ordered to third reading.

  18. Ordered to second reading.

  19. Read third time and amended.

  20. Read second time. Ordered to third reading.

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

  22. Set for hearing May 6.

  23. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 653.) (April 9). Re-referred to Com. on APPR.

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

  25. Set for hearing April 9.

  26. Referred to Com. on JUD.

  27. Read first time.

  28. From printer. May be acted upon on or after March 27.

  29. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Wieckowski · Primary
  • Hertzberg · Cosponsor
  • Luz Rivas · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on · 14 voted No

Sponsors (1)

  • Wieckowski

Co-sponsors (2)

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

Unfinished Business SB616 Wieckowski et al. Concurrence

Passed 28 Yea · 12 Nay
Party YeaNayPresentNot Voting
Unaffiliated 18900
Democratic 10000
Republican 0300
Total 281200
% of votes cast 70%30%0%0%
How each member voted (40)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Skinner — Yea
Allen — Yea
Galgiani — Yea
Hertzberg — Yea
Glazer — Yea
Pan — Yea
Moorlach — Nay
Borgeas — Nay
Portantino — Nay
Bates — Nay
Morrell — Nay
Nielsen — Nay
Wilk — Nay
Chang — Nay
Mark Stone — Nay
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

SB 616 Wieckowski Senate Third Reading By Luz Rivas

Passed 48 Yea · 23 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 301507
Democratic 18301
Republican 0500
Total 482308
% of votes cast 61%29%0%10%
How each member voted (79)
Member Party Vote
Frazier — Yea
Cooley — Yea
Smith — Yea
Gonzalez — Yea
Chau — Yea
Bloom — Yea
Santiago — Yea
Chiu — Yea
Gray — Yea
Holden — Yea
Eggman — Yea
Maienschein — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Kamlager-Dove — Yea
Levine — Yea
McCarty — Yea
Low — Yea
Nazarian — Yea
Wood — Yea
Rendon — Yea
Chu — Yea
Weber — Yea
Salas — Nay
Fong — Nay
Brough — Nay
Kiley — Nay
Mayes — Nay
Mathis — Nay
Bigelow — Nay
Cunningham — Nay
Diep — Nay
Voepel — Nay
Obernolte — Nay
Medina — Nay
Melendez — Nay
Waldron — Nay
Burke — Not Voting
Gloria — Not Voting
Cooper — Not Voting
Rodriguez — Not Voting
Daly — Not Voting
O'Donnell — Not Voting
Jones-Sawyer — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Nay
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Not Voting
Ramos, James C. Democratic Nay
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Nay
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

SB 616 Wieckowski Senate Third Reading By Luz Rivas Amendment Set #1

Passed 53 Yea · 16 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 351205
Democratic 17104
Republican 1301
Total 5316010
% of votes cast 67%20%0%13%
How each member voted (79)
Member Party Vote
Salas — Yea
Frazier — Yea
Cooley — Yea
Gonzalez — Yea
Chau — Yea
Gloria — Yea
Rodriguez — Yea
Santiago — Yea
Chiu — Yea
Gray — Yea
Holden — Yea
Daly — Yea
Eggman — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Kamlager-Dove — Yea
Levine — Yea
McCarty — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
O'Donnell — Yea
Weber — Yea
Fong — Nay
Voepel — Nay
Brough — Nay
Kiley — Nay
Mayes — Nay
Obernolte — Nay
Mathis — Nay
Bigelow — Nay
Melendez — Nay
Cunningham — Nay
Diep — Nay
Bloom — Not Voting
Cooper — Not Voting
Smith — Not Voting
Maienschein — Not Voting
Waldron — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Not Voting
Cervantes, Sabrina Democratic Not Voting
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Not Voting
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Nay
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Not Voting
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 11 Yea · 5 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 4001
Unaffiliated 7501
Total 11502
% of votes cast 61%28%0%11%
How each member voted (18)
Member Party Vote
Bloom — Yea
Maienschein — Yea
Eggman — Yea
Gonzalez — Yea
Quirk — Yea
Chau — Yea
Fong — Nay
Obernolte — Nay
Brough — Nay
Bigelow — Nay
Diep — Nay
Eduardo Garcia — Not Voting
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Not Voting
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 9 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6200
Democratic 3000
Republican 0100
Total 9300
% of votes cast 75%25%0%0%
How each member voted (12)
Member Party Vote
Chiu — Yea
Maienschein — Yea
Holden — Yea
Gonzalez — Yea
Chau — Yea
Obernolte — Nay
Kiley — Nay
Mark Stone — Yea
Kalra, Ash Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Nay

Official roll call →

3rd Reading SB616 Wieckowski et al.

Passed 26 Yea · 9 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 17703
Democratic 9000
Republican 0200
Total 26903
% of votes cast 68%24%0%8%
How each member voted (38)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Skinner — Yea
Allen — Yea
Galgiani — Yea
Hertzberg — Yea
Glazer — Yea
Borgeas — Nay
Bates — Nay
Morrell — Nay
Nielsen — Nay
Wilk — Nay
Chang — Nay
Moorlach — Not Voting
Pan — Not Voting
Portantino — Not Voting
Mark Stone — Nay
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Subjects

taxation finance
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Frequently asked questions

What does SB 616 do?
(1) Existing law authorizes a judgment creditor to levy upon the property of a judgment debtor to satisfy a judgment, and authorizes the judgment debtor to claim that certain property is exempt from the levy by following a specified procedure. Existing law authorizes a claimant to assert an exemption by filing a claim of exemption with the levying officer within 10 days after the date the notice of levy on the property claimed to be exempt is served on the judgment debtor. Existing law authorizes a judgment creditor who opposes a claim of exemption to file a notice of opposition to the claim and a notice of motion for an order determining the claim within 10 days after service of the notice of claim of exemption. This bill would authorize a claimant to file a claim of exemption with the levying officer either in person or by mail and would specify that the period for filing the claim is 15 days if the judgment debtor is personally served with a notice of levy on the property claimed to be exempt, and 20 days if the claimant is served with notice by mail. The bill would deem the filing by mail complete on the date the claim is postmarked if the mailing is assigned a tracking number. If the mailing is not assigned a tracking number, the bill would deem the filing by mail complete on the date the claim is received by the levying officer. The bill would extend the period of time in which a judgment creditor may give notice of opposition to a claim of exemption to 15 days after service of the notice of claim of exemption. These provisions of the bill would become operative on September 1, 2020. (2) Existing law authorizes a judgment creditor to levy upon the earnings of a judgment debtor through specified wage garnishment procedures, and specifies the maximum amount of a judgment debtor's disposable earnings, as defined, that are subject to that garnishment. Existing law specifies certain property of a judgment debtor as exempt, including 75% of paid earnings of an employee that can be traced into deposit accounts or in the form of cash or its equivalent if prior to payment to the employee those earnings were not subject to an earnings withholding order or an earnings assignment order for support. This bill would instead, in the case of paid earnings that were not subject to an earnings withholding order or an earnings assignment order for support prior to payment to the employee, specify that disposable earnings that would otherwise not be subject to levy under the wage garnishment procedures described above are exempt. The bill would exempt from levy money provided to the judgment debtor by the Federal Emergency Management Agency. With certain enumerated exceptions, the bill would exempt from a levy money in a judgment debtor's deposit account in an amount equal to or less than the minimum basic standard of adequate care for a family of four, as specified. The bill would require a levy against a judgment debtor's deposit account to include a description of these requirements. The bill would also exempt from a levy money in a judgment debtor's deposit account that is not otherwise exempt under these provisions to the extent that money is necessary for the support of the judgment debtor and the spouse and dependents of the judgment debtor. This bill would require the Judicial Council to amend or adopt necessary forms. These provisions of the bill would become operative on September 1, 2020.
Who sponsors SB 616?
SB 616 is sponsored by Wieckowski, Hertzberg, and Luz Rivas.
What is the current status of SB 616?
This bill has been enacted into law. Introduced February 22, 2019. Enacted.
Where can I track SB 616?
Track SB 616 free on One Click Politics — get push/email alerts when it moves.

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