California 2011-2012 Regular Session Status: Enacted

AB 1775 — Wage garnishment: exempt earnings.

Last action — Chaptered by Secretary of State - Chapter 474, Statutes of 2012.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 17, 2012. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

The Wage Garnishment Law governs earnings withholding orders and provides definitions of certain terms. Existing law requires a levy of execution upon the earnings of a judgment debtor to be made by service of an earnings withholding order upon the debtor's employer. Existing law limits the amount of earnings of a judgment debtor that may be subject to an earnings withholding order to the amount specified by federal law, unless an exception applies. Federal law prohibits the amount of earnings that may be subject to garnishment from exceeding 25% of an individual's weekly disposable earnings or the amount by which the individual's disposable earnings for the week exceed 30 times the federal minimum hourly wage in effect at the time the earnings are payable. This bill would define "disposable earnings" as the portion of an individual's earnings that remains after deducting all amounts required to be withheld by law. The bill would also prohibit the amount of an individual judgment debtor's weekly disposable earnings subject to levy under an earnings withholding order from exceeding the lesser of 25% of the individual's weekly disposable earnings or the amount by which the individual's disposable earnings for the week exceed 40 times the state minimum hourly wage in effect at the time the earnings are payable, unless an exception applies. For any pay period other than weekly, the bill would also require the use of certain multipliers to determine a maximum amount subject to levy under an earnings withholding order that is proportional in effect to a calculation based on the amount by which the individual's earnings for a workweek exceed 40 times the state minimum wage, except as specified. This bill would become operative on July 1, 2013. In order to implement these provisions, the bill would also require the Judicial Council to, on or before July 1, 2013, revise the instructions contained in certain documents provided to employers in order to specify the method of computation described above.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 474, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 51. Noes 28. Page 6105.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 22 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 22. Noes 16. Page 4572.).

  7. Read second time and amended. Ordered to third reading.

  8. From committee: Do pass as amended. (Ayes 4. Noes 1.) (May 9).

  9. In committee: Set, first hearing. Hearing canceled at the request of author.

  10. Referred to Com. on JUD.

  11. In Senate. Read first time. To Com. on RLS. for assignment.

  12. Read third time. Passed. Ordered to the Senate. (Ayes 46. Noes 25. Page 4483.)

  13. Read second time. Ordered to third reading.

  14. Read second time and amended. Ordered to second reading.

  15. From committee: Do pass as amended. (Ayes 7. Noes 3.) (April 10).

  16. Referred to Com. on JUD.

  17. From printer. May be heard in committee March 22.

  18. Read first time. To print.

Sponsors

  • Wieckowski · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Wieckowski

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1775 WIECKOWSKI Concurrence in Senate Amendments

Passed 51 Yea · 28 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 502601
Democratic 1000
Republican 0200
Total 512801
% of votes cast 64%35%0%1%
How each member voted (80)
Member Party Vote
Gorell — Nay
Halderman — Nay
Butler — Yea
Carter — Yea
Cedillo — Yea
Feuer — Yea
Fuentes — Yea
Fong — Yea
Galgiani — Yea
Allen — Yea
Gatto — Yea
Gordon — Yea
Chesbro — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hall — Yea
Hayashi — Yea
Davis — Yea
Hill — Yea
Bonilla — Yea
Ammiano — Yea
Beall — Yea
Dickinson — Yea
Hueso — Yea
Huffman — Yea
Mendoza — Yea
Monning — Yea
Pan — Yea
Perea — Yea
Skinner — Yea
Torres — Yea
Atkins — Yea
Campos — Yea
Garrick — Nay
Fletcher — Nay
Hagman — Nay
Conway — Nay
Harkey — Nay
Cook — Nay
Donnelly — Nay
Jeffries — Nay
Knight — Nay
Lara — Yea
Miller — Nay
Morrell — Nay
Nestande — Nay
Nielsen — Nay
Olsen — Nay
Silva — Nay
Smyth — Nay
Solorio — Yea
Valadao — Nay
Wagner — Nay
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Logue — Nay
Ma — Yea
Mansoor — Nay
Norby — Nay
Swanson — Yea
Williams — Yea
Eng — Yea
Furutani — Yea
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB1775 Wieckowski By Wright

Passed 22 Yea · 16 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 211501
Republican 0100
Democratic 1001
Total 221602
% of votes cast 55%40%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Nay
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Fuller — Nay
Cannella — Nay
Runner — Nay
Rubio — Nay
Harman — Nay
Hernandez — Yea
Huff — Nay
Corbett — Yea
Lieu — Not Voting
Alquist — Yea
Anderson — Nay
Dutton — Nay
Liu — Yea
Pavley — Yea
Simitian — Yea
Vargas — Yea
Walters — Nay
Wolk — Yea
Blakeslee — Nay
Kehoe — Yea
Leno — Yea
Price — Yea
Steinberg — Yea
Wright — Yea
Emmerson — Nay
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 4 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4100
Total 4100
% of votes cast 80%20%0%0%
How each member voted (5)
Member Party Vote
Leno — Yea
Corbett — Yea
Blakeslee — Yea
Harman — Nay
Evans — Yea

Official roll call →

AB 1775 WIECKOWSKI Assembly Third Reading

Passed 46 Yea · 25 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 462308
Republican 0200
Democratic 0001
Total 462509
% of votes cast 58%31%0%11%
How each member voted (80)
Member Party Vote
Halderman — Nay
Feuer — Yea
Butler — Yea
Fuentes — Yea
Gatto — Yea
Fong — Yea
Allen — Yea
Gordon — Yea
Hall — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Carter — Yea
Hill — Yea
Bonilla — Yea
Atkins — Yea
Huber — Yea
Beall — Yea
Chesbro — Yea
Hueso — Yea
Huffman — Yea
Lara — Yea
Mendoza — Yea
Monning — Yea
Perea — Yea
Skinner — Yea
Torres — Yea
Williams — Yea
Furutani — Not Voting
Cedillo — Not Voting
Gorell — Nay
Fletcher — Not Voting
Hagman — Nay
Harkey — Nay
Conway — Nay
Cook — Nay
Davis — Not Voting
Donnelly — Nay
Knight — Nay
Miller — Nay
Morrell — Nay
Nestande — Not Voting
Nielsen — Nay
Norby — Nay
Olsen — Nay
Silva — Nay
Smyth — Not Voting
Solorio — Not Voting
Valadao — Nay
Wagner — Nay
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Not Voting
Buchanan — Yea
Hayashi — Yea
Jeffries — Nay
Logue — Nay
Ma — Yea
Mansoor — Nay
Pan — Yea
Swanson — Yea
Wieckowski — Yea
Eng — Yea
Dickinson — Yea
Galgiani — Yea
Garrick — Nay
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Not Voting
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 7 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7200
Republican 0100
Total 7300
% of votes cast 70%30%0%0%
How each member voted (10)
Member Party Vote
Feuer — Yea
Atkins — Yea
Gorell — Nay
Wieckowski — Yea
Huber — Yea
Monning — Yea
Wagner — Nay
Dickinson — Yea
Bonnie Lowenthal — Yea
Jones, Brian W. Republican Nay

Official roll call →

Subjects

labor
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Frequently asked questions

What does AB 1775 do?
The Wage Garnishment Law governs earnings withholding orders and provides definitions of certain terms. Existing law requires a levy of execution upon the earnings of a judgment debtor to be made by service of an earnings withholding order upon the debtor's employer. Existing law limits the amount of earnings of a judgment debtor that may be subject to an earnings withholding order to the amount specified by federal law, unless an exception applies. Federal law prohibits the amount of earnings that may be subject to garnishment from exceeding 25% of an individual's weekly disposable earnings or the amount by which the individual's disposable earnings for the week exceed 30 times the federal minimum hourly wage in effect at the time the earnings are payable. This bill would define "disposable earnings" as the portion of an individual's earnings that remains after deducting all amounts required to be withheld by law. The bill would also prohibit the amount of an individual judgment debtor's weekly disposable earnings subject to levy under an earnings withholding order from exceeding the lesser of 25% of the individual's weekly disposable earnings or the amount by which the individual's disposable earnings for the week exceed 40 times the state minimum hourly wage in effect at the time the earnings are payable, unless an exception applies. For any pay period other than weekly, the bill would also require the use of certain multipliers to determine a maximum amount subject to levy under an earnings withholding order that is proportional in effect to a calculation based on the amount by which the individual's earnings for a workweek exceed 40 times the state minimum wage, except as specified. This bill would become operative on July 1, 2013. In order to implement these provisions, the bill would also require the Judicial Council to, on or before July 1, 2013, revise the instructions contained in certain documents provided to employers in order to specify the method of computation described above.
Who sponsors AB 1775?
AB 1775 is sponsored by Wieckowski.
What is the current status of AB 1775?
This bill has been enacted into law. Introduced February 17, 2012. Enacted.
Where can I track AB 1775?
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