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AB-688 Enforcement of money judgments: exemptions. (2017-2018)

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Date Published: 05/08/2017 09:00 PM
AB688:v97#DOCUMENT

Amended  IN  Assembly  May 08, 2017
Amended  IN  Assembly  March 23, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 688


Introduced by Assembly Member Calderon

February 15, 2017


An act to add Section 704.205 to the Code of Civil Procedure, amend Section 4880 of the Welfare and Institutions Code, relating to civil actions. money judgments.


LEGISLATIVE COUNSEL'S DIGEST


AB 688, as amended, Calderon. Enforcement of money judgments: exemptions.
Under existing law, certain property is exempted from enforcement of money judgments, including benefits from a disability or health insurance policy or program.
Existing federal law, the Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (ABLE Act), encourages and assists individuals and families to save private funds in a tax-advantaged savings account for the purpose of supporting persons with disabilities to maintain their health, independence, and quality of life by excluding from gross income distributions used for qualified disability expenses by a beneficiary of a qualified ABLE program established and maintained by a state, as specified. Existing law establishes the Qualified ABLE Program, administered by the California ABLE Act Board, in this state for purposes of implementing the federal ABLE Act. Under the Qualified ABLE Program, moneys in, contributions to, and any distribution for qualified disability expenses from, an ABLE account, up to $100,000, do not count toward determining eligibility for a state or local means-tested program.
This bill would also exempt all amounts held in those moneys in, contributions to, and distributions from, an ABLE account from enforcement of money judgments.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 4880 of the Welfare and Institutions Code is amended to read:

4880.
 Notwithstanding any other law, moneys in, contributions to, and any distribution for qualified disability expenses from, an ABLE account, not to exceed one hundred thousand dollars ($100,000), shall not count toward determining eligibility for a state or local means-tested program. program, and shall be exempt from a money judgment without making a claim.

SECTION 1.Section 704.205 is added to the Code of Civil Procedure, to read:
704.205.

All amounts held in an ABLE account, established pursuant to Chapter 15 (commencing with Section 4875) of Division 4.5 of the Welfare and Institutions Code, are exempt without making a claim.