Joel Anderson
- Republican
Author
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.
Chaptered by Secretary of State - Chapter 499, Statutes of 2009.
Approved by the Governor.
Enrolled and to the Governor at 5 p.m.
Returned by the Governor at the request of the Assembly.
Enrolled and to the Governor at 1:30 p.m.
Senate amendments concurred in. To enrollment. (Ayes 76. Noes 0. Page 2605.)
Read third time, passed, and to Assembly. (Ayes 36. Noes 0. Page 1766.)
In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 18 pursuant to Assembly Rule 77.
Ordered to Special Consent Calendar.
Read second time. To third reading.
Read third time, amended. To second reading.
Read second time. To third reading.
From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
From committee: Do pass, and re-refer to Com. on APPR with recommendation: To Consent Calendar. Re-referred. (Ayes 5. Noes 0.) (June 9).
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time, passed, and to Senate. (Ayes 79. Noes 0. Page 1241.)
Read second time. To Consent Calendar.
From committee: Do pass. To Consent Calendar. (April 22).
From committee: Do pass, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. Re-referred. (Ayes 10. Noes 0.) (April 14).
Read first time.
From printer. May be heard in committee March 30.
Introduced. To print.
| Bill Text Versions | Format |
|---|---|
| AB1046 | HTML |
| 02/27/09 - Introduced | |
| 07/01/09 - Amended Senate | |
| 08/20/09 - Enrolled | |
| 10/11/09 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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