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| 1 | + | Amended IN Assembly August 27, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 832Introduced by Committee on Budget and Fiscal ReviewJanuary 10, 2020An act relating to the Budget Act of 2020. An act to amend Section 704.730 of the Code of Civil Procedure, relating to enforcement of judgments, and making an appropriation therefor, to take effect immediately, bill related to the budget.LEGISLATIVE COUNSEL'S DIGESTSB 832, as amended, Committee on Budget and Fiscal Review. Budget Act of 2020. Debtor exemptions: homestead exemption.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 homesteads residents.This bill would instead make the homestead exemption the greater of $300,000 or the countywide median sale price of a single-family home in the year prior to the year in which the judgment debtor claims the exemption, not to exceed $600,000. These amounts would adjust annually for inflation.The bill would appropriate $50,000 from the General Fund to the Judicial Council in support of the Equal Access Fund Program.This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2020.Digest Key Vote: MAJORITY Appropriation: NOYES Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 704.730 of the Code of Civil Procedure is amended to read:704.730. (a) The amount of the homestead exemption is one the greater of the following:(1)Seventy-five thousand dollars ($75,000) unless the judgment debtor or spouse of the judgment debtor who resides in the homestead is a person described in paragraph (2) or (3).(2)One hundred thousand dollars ($100,000) if the judgment debtor or spouse of the judgment debtor who resides in the homestead is at the time of the attempted sale of the homestead a member of a family unit, and there is at least one member of the family unit who owns no interest in the homestead or whose only interest in the homestead is a community property interest with the judgment debtor.(3)One hundred seventy-five thousand dollars ($175,000) if the judgment debtor or spouse of the judgment debtor who resides in the homestead is at the time of the attempted sale of the homestead any one of the following:(A)A person 65 years of age or older.(B)A person physically or mentally disabled who as a result of that disability is unable to engage in substantial gainful employment. There is a rebuttable presumption affecting the burden of proof that a person receiving disability insurance benefit payments under Title II or supplemental security income payments under Title XVI of the federal Social Security Act satisfies the requirements of this paragraph as to his or her inability to engage in substantial gainful employment.(C)A person 55 years of age or older with a gross annual income of not more than twenty-five thousand dollars ($25,000) or, if the judgment debtor is married, a gross annual income, including the gross annual income of the judgment debtors spouse, of not more than thirty-five thousand dollars ($35,000) and the sale is an involuntary sale.(b)Notwithstanding any other provision of this section, the combined homestead exemptions of spouses on the same judgment shall not exceed the amount specified in paragraph (2) or (3), whichever is applicable, of subdivision (a), regardless of whether the spouses are jointly obligated on the judgment and regardless of whether the homestead consists of community or separate property or both. Notwithstanding any other provision of this article, if both spouses are entitled to a homestead exemption, the exemption of proceeds of the homestead shall be apportioned between the spouses on the basis of their proportionate interests in the homestead.(1) The countywide median sale price for a single-family home in the year prior to the year in which the judgment debtor claims the exemption, not to exceed six hundred thousand dollars ($600,000).(2) Three hundred thousand dollars ($300,000).(b) The amounts specified in this section shall adjust annually for inflation, beginning on January 1, 2022, based on the change in the annual California Consumer Price Index for All Urban Consumers, published by the Department of Industrial Relations.SEC. 2. The sum of fifty thousand dollars ($50,000) is hereby appropriated from the General Fund to the Judicial Council in support of the Equal Access Fund Program.SEC. 3. This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.SECTION 1.It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2020. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly August 27, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 832Introduced by Committee on Budget and Fiscal ReviewJanuary 10, 2020An act relating to the Budget Act of 2020. An act to amend Section 704.730 of the Code of Civil Procedure, relating to enforcement of judgments, and making an appropriation therefor, to take effect immediately, bill related to the budget.LEGISLATIVE COUNSEL'S DIGESTSB 832, as amended, Committee on Budget and Fiscal Review. Budget Act of 2020. Debtor exemptions: homestead exemption.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 homesteads residents.This bill would instead make the homestead exemption the greater of $300,000 or the countywide median sale price of a single-family home in the year prior to the year in which the judgment debtor claims the exemption, not to exceed $600,000. These amounts would adjust annually for inflation.The bill would appropriate $50,000 from the General Fund to the Judicial Council in support of the Equal Access Fund Program.This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2020.Digest Key Vote: MAJORITY Appropriation: NOYES Fiscal Committee: NOYES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly August 27, 2020 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly August 28, 2020 | |
| 8 | 7 | Amended IN Assembly August 27, 2020 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Senate Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 832 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Committee on Budget and Fiscal ReviewJanuary 10, 2020 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Committee on Budget and Fiscal Review | |
| 19 | 18 | January 10, 2020 | |
| 20 | 19 | ||
| 21 | - | An act to amend Section 704.730 of the Code of Civil Procedure, relating to enforcement of judgments, and making an appropriation therefor, to take effect immediately, bill related to the budget. | |
| 20 | + | An act relating to the Budget Act of 2020. An act to amend Section 704.730 of the Code of Civil Procedure, relating to enforcement of judgments, and making an appropriation therefor, to take effect immediately, bill related to the budget. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | SB 832, as amended, Committee on Budget and Fiscal Review. Debtor exemptions: homestead exemption. | |
| 26 | + | SB 832, as amended, Committee on Budget and Fiscal Review. Budget Act of 2020. Debtor exemptions: homestead exemption. | |
| 28 | 27 | ||
| 29 | - | 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 homesteads residents.This bill would instead make the homestead exemption the greater of $300,000 or the countywide median sale price of a single-family home in the | |
| 28 | + | 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 homesteads residents.This bill would instead make the homestead exemption the greater of $300,000 or the countywide median sale price of a single-family home in the year prior to the year in which the judgment debtor claims the exemption, not to exceed $600,000. These amounts would adjust annually for inflation.The bill would appropriate $50,000 from the General Fund to the Judicial Council in support of the Equal Access Fund Program.This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2020. | |
| 30 | 29 | ||
| 31 | 30 | 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 homesteads residents. | |
| 32 | 31 | ||
| 33 | - | This bill would instead make the homestead exemption the greater of $300,000 or the countywide median sale price of a single-family home in the | |
| 32 | + | This bill would instead make the homestead exemption the greater of $300,000 or the countywide median sale price of a single-family home in the year prior to the year in which the judgment debtor claims the exemption, not to exceed $600,000. These amounts would adjust annually for inflation. | |
| 34 | 33 | ||
| 35 | 34 | The bill would appropriate $50,000 from the General Fund to the Judicial Council in support of the Equal Access Fund Program. | |
| 36 | 35 | ||
| 36 | + | This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill. | |
| 37 | 37 | ||
| 38 | - | ||
| 39 | - | This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill. | |
| 38 | + | This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2020. | |
| 40 | 39 | ||
| 41 | 40 | ||
| 42 | 41 | ||
| 43 | 42 | ## Digest Key | |
| 44 | 43 | ||
| 45 | 44 | ## Bill Text | |
| 46 | 45 | ||
| 47 | - | The people of the State of California do enact as follows:SECTION 1. Section 704.730 of the Code of Civil Procedure is amended to read:704.730. (a) The amount of the homestead exemption is the greater of the following:(1) The countywide median sale price for a single-family home in the | |
| 46 | + | The people of the State of California do enact as follows:SECTION 1. Section 704.730 of the Code of Civil Procedure is amended to read:704.730. (a) The amount of the homestead exemption is one the greater of the following:(1)Seventy-five thousand dollars ($75,000) unless the judgment debtor or spouse of the judgment debtor who resides in the homestead is a person described in paragraph (2) or (3).(2)One hundred thousand dollars ($100,000) if the judgment debtor or spouse of the judgment debtor who resides in the homestead is at the time of the attempted sale of the homestead a member of a family unit, and there is at least one member of the family unit who owns no interest in the homestead or whose only interest in the homestead is a community property interest with the judgment debtor.(3)One hundred seventy-five thousand dollars ($175,000) if the judgment debtor or spouse of the judgment debtor who resides in the homestead is at the time of the attempted sale of the homestead any one of the following:(A)A person 65 years of age or older.(B)A person physically or mentally disabled who as a result of that disability is unable to engage in substantial gainful employment. There is a rebuttable presumption affecting the burden of proof that a person receiving disability insurance benefit payments under Title II or supplemental security income payments under Title XVI of the federal Social Security Act satisfies the requirements of this paragraph as to his or her inability to engage in substantial gainful employment.(C)A person 55 years of age or older with a gross annual income of not more than twenty-five thousand dollars ($25,000) or, if the judgment debtor is married, a gross annual income, including the gross annual income of the judgment debtors spouse, of not more than thirty-five thousand dollars ($35,000) and the sale is an involuntary sale.(b)Notwithstanding any other provision of this section, the combined homestead exemptions of spouses on the same judgment shall not exceed the amount specified in paragraph (2) or (3), whichever is applicable, of subdivision (a), regardless of whether the spouses are jointly obligated on the judgment and regardless of whether the homestead consists of community or separate property or both. Notwithstanding any other provision of this article, if both spouses are entitled to a homestead exemption, the exemption of proceeds of the homestead shall be apportioned between the spouses on the basis of their proportionate interests in the homestead.(1) The countywide median sale price for a single-family home in the year prior to the year in which the judgment debtor claims the exemption, not to exceed six hundred thousand dollars ($600,000).(2) Three hundred thousand dollars ($300,000).(b) The amounts specified in this section shall adjust annually for inflation, beginning on January 1, 2022, based on the change in the annual California Consumer Price Index for All Urban Consumers, published by the Department of Industrial Relations.SEC. 2. The sum of fifty thousand dollars ($50,000) is hereby appropriated from the General Fund to the Judicial Council in support of the Equal Access Fund Program.SEC. 3. This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.SECTION 1.It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2020. | |
| 48 | 47 | ||
| 49 | 48 | The people of the State of California do enact as follows: | |
| 50 | 49 | ||
| 51 | 50 | ## The people of the State of California do enact as follows: | |
| 52 | 51 | ||
| 53 | - | SECTION 1. Section 704.730 of the Code of Civil Procedure is amended to read:704.730. (a) The amount of the homestead exemption is the greater of the following:(1) The countywide median sale price for a single-family home in the | |
| 52 | + | SECTION 1. Section 704.730 of the Code of Civil Procedure is amended to read:704.730. (a) The amount of the homestead exemption is one the greater of the following:(1)Seventy-five thousand dollars ($75,000) unless the judgment debtor or spouse of the judgment debtor who resides in the homestead is a person described in paragraph (2) or (3).(2)One hundred thousand dollars ($100,000) if the judgment debtor or spouse of the judgment debtor who resides in the homestead is at the time of the attempted sale of the homestead a member of a family unit, and there is at least one member of the family unit who owns no interest in the homestead or whose only interest in the homestead is a community property interest with the judgment debtor.(3)One hundred seventy-five thousand dollars ($175,000) if the judgment debtor or spouse of the judgment debtor who resides in the homestead is at the time of the attempted sale of the homestead any one of the following:(A)A person 65 years of age or older.(B)A person physically or mentally disabled who as a result of that disability is unable to engage in substantial gainful employment. There is a rebuttable presumption affecting the burden of proof that a person receiving disability insurance benefit payments under Title II or supplemental security income payments under Title XVI of the federal Social Security Act satisfies the requirements of this paragraph as to his or her inability to engage in substantial gainful employment.(C)A person 55 years of age or older with a gross annual income of not more than twenty-five thousand dollars ($25,000) or, if the judgment debtor is married, a gross annual income, including the gross annual income of the judgment debtors spouse, of not more than thirty-five thousand dollars ($35,000) and the sale is an involuntary sale.(b)Notwithstanding any other provision of this section, the combined homestead exemptions of spouses on the same judgment shall not exceed the amount specified in paragraph (2) or (3), whichever is applicable, of subdivision (a), regardless of whether the spouses are jointly obligated on the judgment and regardless of whether the homestead consists of community or separate property or both. Notwithstanding any other provision of this article, if both spouses are entitled to a homestead exemption, the exemption of proceeds of the homestead shall be apportioned between the spouses on the basis of their proportionate interests in the homestead.(1) The countywide median sale price for a single-family home in the year prior to the year in which the judgment debtor claims the exemption, not to exceed six hundred thousand dollars ($600,000).(2) Three hundred thousand dollars ($300,000).(b) The amounts specified in this section shall adjust annually for inflation, beginning on January 1, 2022, based on the change in the annual California Consumer Price Index for All Urban Consumers, published by the Department of Industrial Relations. | |
| 54 | 53 | ||
| 55 | 54 | SECTION 1. Section 704.730 of the Code of Civil Procedure is amended to read: | |
| 56 | 55 | ||
| 57 | 56 | ### SECTION 1. | |
| 58 | 57 | ||
| 59 | - | 704.730. (a) The amount of the homestead exemption is the greater of the following:(1) The countywide median sale price for a single-family home in the | |
| 58 | + | 704.730. (a) The amount of the homestead exemption is one the greater of the following:(1)Seventy-five thousand dollars ($75,000) unless the judgment debtor or spouse of the judgment debtor who resides in the homestead is a person described in paragraph (2) or (3).(2)One hundred thousand dollars ($100,000) if the judgment debtor or spouse of the judgment debtor who resides in the homestead is at the time of the attempted sale of the homestead a member of a family unit, and there is at least one member of the family unit who owns no interest in the homestead or whose only interest in the homestead is a community property interest with the judgment debtor.(3)One hundred seventy-five thousand dollars ($175,000) if the judgment debtor or spouse of the judgment debtor who resides in the homestead is at the time of the attempted sale of the homestead any one of the following:(A)A person 65 years of age or older.(B)A person physically or mentally disabled who as a result of that disability is unable to engage in substantial gainful employment. There is a rebuttable presumption affecting the burden of proof that a person receiving disability insurance benefit payments under Title II or supplemental security income payments under Title XVI of the federal Social Security Act satisfies the requirements of this paragraph as to his or her inability to engage in substantial gainful employment.(C)A person 55 years of age or older with a gross annual income of not more than twenty-five thousand dollars ($25,000) or, if the judgment debtor is married, a gross annual income, including the gross annual income of the judgment debtors spouse, of not more than thirty-five thousand dollars ($35,000) and the sale is an involuntary sale.(b)Notwithstanding any other provision of this section, the combined homestead exemptions of spouses on the same judgment shall not exceed the amount specified in paragraph (2) or (3), whichever is applicable, of subdivision (a), regardless of whether the spouses are jointly obligated on the judgment and regardless of whether the homestead consists of community or separate property or both. Notwithstanding any other provision of this article, if both spouses are entitled to a homestead exemption, the exemption of proceeds of the homestead shall be apportioned between the spouses on the basis of their proportionate interests in the homestead.(1) The countywide median sale price for a single-family home in the year prior to the year in which the judgment debtor claims the exemption, not to exceed six hundred thousand dollars ($600,000).(2) Three hundred thousand dollars ($300,000).(b) The amounts specified in this section shall adjust annually for inflation, beginning on January 1, 2022, based on the change in the annual California Consumer Price Index for All Urban Consumers, published by the Department of Industrial Relations. | |
| 60 | 59 | ||
| 61 | - | 704.730. (a) The amount of the homestead exemption is the greater of the following:(1) The countywide median sale price for a single-family home in the | |
| 60 | + | 704.730. (a) The amount of the homestead exemption is one the greater of the following:(1)Seventy-five thousand dollars ($75,000) unless the judgment debtor or spouse of the judgment debtor who resides in the homestead is a person described in paragraph (2) or (3).(2)One hundred thousand dollars ($100,000) if the judgment debtor or spouse of the judgment debtor who resides in the homestead is at the time of the attempted sale of the homestead a member of a family unit, and there is at least one member of the family unit who owns no interest in the homestead or whose only interest in the homestead is a community property interest with the judgment debtor.(3)One hundred seventy-five thousand dollars ($175,000) if the judgment debtor or spouse of the judgment debtor who resides in the homestead is at the time of the attempted sale of the homestead any one of the following:(A)A person 65 years of age or older.(B)A person physically or mentally disabled who as a result of that disability is unable to engage in substantial gainful employment. There is a rebuttable presumption affecting the burden of proof that a person receiving disability insurance benefit payments under Title II or supplemental security income payments under Title XVI of the federal Social Security Act satisfies the requirements of this paragraph as to his or her inability to engage in substantial gainful employment.(C)A person 55 years of age or older with a gross annual income of not more than twenty-five thousand dollars ($25,000) or, if the judgment debtor is married, a gross annual income, including the gross annual income of the judgment debtors spouse, of not more than thirty-five thousand dollars ($35,000) and the sale is an involuntary sale.(b)Notwithstanding any other provision of this section, the combined homestead exemptions of spouses on the same judgment shall not exceed the amount specified in paragraph (2) or (3), whichever is applicable, of subdivision (a), regardless of whether the spouses are jointly obligated on the judgment and regardless of whether the homestead consists of community or separate property or both. Notwithstanding any other provision of this article, if both spouses are entitled to a homestead exemption, the exemption of proceeds of the homestead shall be apportioned between the spouses on the basis of their proportionate interests in the homestead.(1) The countywide median sale price for a single-family home in the year prior to the year in which the judgment debtor claims the exemption, not to exceed six hundred thousand dollars ($600,000).(2) Three hundred thousand dollars ($300,000).(b) The amounts specified in this section shall adjust annually for inflation, beginning on January 1, 2022, based on the change in the annual California Consumer Price Index for All Urban Consumers, published by the Department of Industrial Relations. | |
| 62 | 61 | ||
| 63 | - | 704.730. (a) The amount of the homestead exemption is the greater of the following:(1) The countywide median sale price for a single-family home in the | |
| 62 | + | 704.730. (a) The amount of the homestead exemption is one the greater of the following:(1)Seventy-five thousand dollars ($75,000) unless the judgment debtor or spouse of the judgment debtor who resides in the homestead is a person described in paragraph (2) or (3).(2)One hundred thousand dollars ($100,000) if the judgment debtor or spouse of the judgment debtor who resides in the homestead is at the time of the attempted sale of the homestead a member of a family unit, and there is at least one member of the family unit who owns no interest in the homestead or whose only interest in the homestead is a community property interest with the judgment debtor.(3)One hundred seventy-five thousand dollars ($175,000) if the judgment debtor or spouse of the judgment debtor who resides in the homestead is at the time of the attempted sale of the homestead any one of the following:(A)A person 65 years of age or older.(B)A person physically or mentally disabled who as a result of that disability is unable to engage in substantial gainful employment. There is a rebuttable presumption affecting the burden of proof that a person receiving disability insurance benefit payments under Title II or supplemental security income payments under Title XVI of the federal Social Security Act satisfies the requirements of this paragraph as to his or her inability to engage in substantial gainful employment.(C)A person 55 years of age or older with a gross annual income of not more than twenty-five thousand dollars ($25,000) or, if the judgment debtor is married, a gross annual income, including the gross annual income of the judgment debtors spouse, of not more than thirty-five thousand dollars ($35,000) and the sale is an involuntary sale.(b)Notwithstanding any other provision of this section, the combined homestead exemptions of spouses on the same judgment shall not exceed the amount specified in paragraph (2) or (3), whichever is applicable, of subdivision (a), regardless of whether the spouses are jointly obligated on the judgment and regardless of whether the homestead consists of community or separate property or both. Notwithstanding any other provision of this article, if both spouses are entitled to a homestead exemption, the exemption of proceeds of the homestead shall be apportioned between the spouses on the basis of their proportionate interests in the homestead.(1) The countywide median sale price for a single-family home in the year prior to the year in which the judgment debtor claims the exemption, not to exceed six hundred thousand dollars ($600,000).(2) Three hundred thousand dollars ($300,000).(b) The amounts specified in this section shall adjust annually for inflation, beginning on January 1, 2022, based on the change in the annual California Consumer Price Index for All Urban Consumers, published by the Department of Industrial Relations. | |
| 64 | 63 | ||
| 65 | 64 | ||
| 66 | 65 | ||
| 67 | - | 704.730. (a) The amount of the homestead exemption is the greater of the following: | |
| 66 | + | 704.730. (a) The amount of the homestead exemption is one the greater of the following: | |
| 68 | 67 | ||
| 69 | - | (1) The countywide median sale price for a single-family home in the calendar year prior to the calendar year in which the judgment debtor claims the exemption, not to exceed six hundred thousand dollars ($600,000). | |
| 68 | + | (1)Seventy-five thousand dollars ($75,000) unless the judgment debtor or spouse of the judgment debtor who resides in the homestead is a person described in paragraph (2) or (3). | |
| 69 | + | ||
| 70 | + | ||
| 71 | + | ||
| 72 | + | (2)One hundred thousand dollars ($100,000) if the judgment debtor or spouse of the judgment debtor who resides in the homestead is at the time of the attempted sale of the homestead a member of a family unit, and there is at least one member of the family unit who owns no interest in the homestead or whose only interest in the homestead is a community property interest with the judgment debtor. | |
| 73 | + | ||
| 74 | + | ||
| 75 | + | ||
| 76 | + | (3)One hundred seventy-five thousand dollars ($175,000) if the judgment debtor or spouse of the judgment debtor who resides in the homestead is at the time of the attempted sale of the homestead any one of the following: | |
| 77 | + | ||
| 78 | + | ||
| 79 | + | ||
| 80 | + | (A)A person 65 years of age or older. | |
| 81 | + | ||
| 82 | + | ||
| 83 | + | ||
| 84 | + | (B)A person physically or mentally disabled who as a result of that disability is unable to engage in substantial gainful employment. There is a rebuttable presumption affecting the burden of proof that a person receiving disability insurance benefit payments under Title II or supplemental security income payments under Title XVI of the federal Social Security Act satisfies the requirements of this paragraph as to his or her inability to engage in substantial gainful employment. | |
| 85 | + | ||
| 86 | + | ||
| 87 | + | ||
| 88 | + | (C)A person 55 years of age or older with a gross annual income of not more than twenty-five thousand dollars ($25,000) or, if the judgment debtor is married, a gross annual income, including the gross annual income of the judgment debtors spouse, of not more than thirty-five thousand dollars ($35,000) and the sale is an involuntary sale. | |
| 89 | + | ||
| 90 | + | ||
| 91 | + | ||
| 92 | + | (b)Notwithstanding any other provision of this section, the combined homestead exemptions of spouses on the same judgment shall not exceed the amount specified in paragraph (2) or (3), whichever is applicable, of subdivision (a), regardless of whether the spouses are jointly obligated on the judgment and regardless of whether the homestead consists of community or separate property or both. Notwithstanding any other provision of this article, if both spouses are entitled to a homestead exemption, the exemption of proceeds of the homestead shall be apportioned between the spouses on the basis of their proportionate interests in the homestead. | |
| 93 | + | ||
| 94 | + | ||
| 95 | + | ||
| 96 | + | (1) The countywide median sale price for a single-family home in the year prior to the year in which the judgment debtor claims the exemption, not to exceed six hundred thousand dollars ($600,000). | |
| 70 | 97 | ||
| 71 | 98 | (2) Three hundred thousand dollars ($300,000). | |
| 72 | 99 | ||
| 73 | - | (b) The amounts specified in this section shall adjust annually for inflation, beginning on January 1, 2022, based on the change in the annual California Consumer Price Index for All Urban Consumers, Consumers for the prior fiscal year, published by the Department of Industrial Relations. | |
| 100 | + | (b) The amounts specified in this section shall adjust annually for inflation, beginning on January 1, 2022, based on the change in the annual California Consumer Price Index for All Urban Consumers, published by the Department of Industrial Relations. | |
| 101 | + | ||
| 102 | + | SEC. 2. The sum of fifty thousand dollars ($50,000) is hereby appropriated from the General Fund to the Judicial Council in support of the Equal Access Fund Program. | |
| 103 | + | ||
| 104 | + | SEC. 2. The sum of fifty thousand dollars ($50,000) is hereby appropriated from the General Fund to the Judicial Council in support of the Equal Access Fund Program. | |
| 105 | + | ||
| 106 | + | SEC. 2. The sum of fifty thousand dollars ($50,000) is hereby appropriated from the General Fund to the Judicial Council in support of the Equal Access Fund Program. | |
| 107 | + | ||
| 108 | + | ### SEC. 2. | |
| 109 | + | ||
| 110 | + | SEC. 3. This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately. | |
| 111 | + | ||
| 112 | + | SEC. 3. This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately. | |
| 113 | + | ||
| 114 | + | SEC. 3. This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately. | |
| 115 | + | ||
| 116 | + | ### SEC. 3. | |
| 74 | 117 | ||
| 75 | 118 | ||
| 76 | 119 | ||
| 77 | - | The sum of fifty thousand dollars ($50,000) is hereby appropriated from the General Fund to the Judicial Council in support of the Equal Access Fund Program. | |
| 78 | - | ||
| 79 | - | ||
| 80 | - | ||
| 81 | - | ||
| 82 | - | ||
| 83 | - | This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately. | |
| 120 | + | It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2020. |