California Legislature—2013–14 Regular Session

Assembly Bill No. 567

Introduced by Assembly Member Wagner

February 20, 2013

An act to add Section 681.035 to, and repeal Section 703.120 of, the Code of Civil Procedure, relating to enforcement of judgments.

LEGISLATIVE COUNSEL’S DIGEST

AB 567, as introduced, Wagner. Enforcement of money judgments: exemptions

Under existing law, the California Law Revision Commission is authorized to study and continually review and make recommendations concerning the state’s enforcement of judgments law. As a part of this authority, existing law requires the Commission to review the statutory amounts of money that are exempt from the enforcement of money judgments law every 10 years and to recommend to the Governor and the Legislature any changes in exempt amounts that appear proper. A more recent law created a cost of living adjustment mechanism to automatically increase the exemption amounts every 3 years.

This bill would delete the requirement that the California Law Revision Commission make the decennial recommendations, while retaining the commission’s general authority to study, review, and make recommendations regarding the enforcement of judgments law.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 681.035 is added to the Code of Civil
Procedure, to read:

681.035.  

The California Law Revision Commission is
authorized to maintain a continuing review of and submit
recommendations to the Governor and the Legislature concerning
enforcement of judgments.

SEC. 2.  

Section 703.120 of the Code of Civil Procedure is
repealed.

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703.120.  

(a)  Ten years following the operative date of this
title and every 10 years thereafter, the California Law Revision
Commission shall review the exempt amounts provided in this
chapter and in other statutes and recommend to the Governor and
the Legislature any changes in exempt amounts that appear proper.

(b) Nothing in this section precludes the commission from
making recommendations concerning exempt amounts more
frequently than required by subdivision (a) or from making
recommendations concerning any other aspect of this title, and the
commission is authorized to maintain a continuing review of and
submit recommendations concerning enforcement of judgments.

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