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Bills · 2009-2010 Regular Session

AB 387

Died at session end Official bill text Atom feed

the homestead exemption and increases in the value of the exemption for various property that is exempt from execution.

  1. Introduced, stopped here
  2. Passes Assembly, not reached
  3. Passes Senate, not reached
  4. Governor signs, not reached
  5. Law, not reached

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

Under current law, a debtor's interest in certain property and the value of

certain property are exempt from execution, from the lien of every judgment, and

from liability for the debtor's debts, allowing the debtor to keep that property rather

than have the property taken to pay the amounts owed to creditors. This bill raises

the value of some of the property that is exempt as shown by the following table:

-

See PDF for table

The bill also allows a person who does not take an exemption for business

equipment, inventory, farm products, or professional books to take an exemption of

any interest the debtor has in a closely held business, up to a maximum amount of

$15,000.

In addition, the bill requires the Department of Administration every three

years, beginning in January 2011, to adjust the exemption for the debtor's

homestead, currently set at $40,000, to reflect the change in the consumer price

index for all urban consumers for the previous three-year period. Current law

extends the homestead exemption to land owned by a husband and wife jointly or in

common and allows either to claim the exemption or to divide the exemption between

them. The bill allows the husband and wife to each claim a homestead exemption

of not more than the adjusted $40,000 amount.

What it would cost

Fiscal estimates filed by state agencies, as official PDFs

Sponsors

Introduced by: Berceau (D) , Clark (D) , Danou (D) , Dexter (D) , Grigsby (D) , Hebl (D) , Hilgenberg (D) , Hintz (D) , Hixson (D) , Kessler (D) , Molepske Jr. (D) , Pope-Roberts (D) , Richards (D) , Roys (D) , Sherman , Smith (D) , Turner (D)

8 cosponsors

Holperin (D) , Lassa (D) , Lehman (D) , Miller (D) , Risser (D) , Robson (D) , Taylor (D) , Vinehout (D)

Votes

Assembly: Report Assembly Amendment 3 adoption recommended by committee on Judiciary and Ethics, Ayes 9, Noes 1

Passed 9–1 Sep 16, 2009 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Report concurrence recommended by committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing, Ayes 4, Noes 1

Passed 4–1 Oct 29, 2009 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Full history

  1. Aug 18, 2009 · Assembly

    Introduced by Representatives Hebl, Sherman, Roys, Berceau, Clark, Pope-Roberts, Richards, Turner, Molepske Jr., Smith, Hintz, Grigsby, Hilgenberg, Hixson, Kessler, Dexter and Danou;Cosponsored by Senators Taylor, Lehman, Miller, Vinehout, Lassa, Risser, Robson and Holperin

  2. Aug 18, 2009 · Assembly

    Read first time and referred to committee on Judiciary and Ethics

  3. Aug 25, 2009 · Assembly

    Public hearing held

  4. Aug 26, 2009 · Assembly

    Fiscal estimate received

  5. Aug 27, 2009 · Assembly

    Fiscal estimate received

  6. Sep 4, 2009 · Assembly

    Assembly amendment 1 offered by Representative Gundrum

  7. Sep 8, 2009 · Assembly

    Assembly amendment 2 offered by Representative Hebl

  8. Sep 9, 2009 · Assembly

    Executive action taken

  9. Sep 9, 2009 · Assembly

    Assembly amendment 3 offered by committee on Judiciary and Ethics

  10. Sep 16, 2009 · Assembly

    Report passage as amended recommended by committee on Judiciary and Ethics, Ayes 9, Noes 1

  11. Sep 16, 2009 · Assembly

    Referred to committee on Rules

  12. Sep 16, 2009 · Assembly

    Report Assembly Amendment 3 adoption recommended by committee on Judiciary and Ethics, Ayes 9, Noes 1

  13. Sep 17, 2009 · Assembly

    Placed on calendar 9-22-2009 by committee on Rules

  14. Sep 22, 2009 · Assembly

    Read a second time

  15. Sep 22, 2009 · Assembly

    Assembly amendment 3 adopted

  16. Sep 22, 2009 · Assembly

    Ordered to a third reading

  17. Sep 22, 2009 · Assembly

    Rules suspended

  18. Sep 22, 2009 · Assembly

    Read a third time and passed

  19. Sep 22, 2009 · Assembly

    Ordered immediately messaged

  20. Sep 23, 2009 · Senate

    Received from Assembly

  21. Sep 23, 2009 · Senate

    Printed engrossed by the direction of the Senate Chief Clerk

  22. Sep 24, 2009 · Senate

    Read first time and referred to committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing

  23. Sep 24, 2009 · Senate

    LRB correction (Assembly Amendment 3)

  24. Oct 29, 2009 · Senate

    Executive action taken

  25. Oct 29, 2009 · Senate

    Report concurrence recommended by committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing, Ayes 4, Noes 1

  26. Oct 29, 2009 · Senate

    Available for scheduling

  27. Apr 28, 2010 · Senate

    Failed to concur in pursuant to Senate Joint Resolution 1