California 2013-2014 Regular Session Status: Passed Assembly

AB 233 — Wage garnishment: restrictions: student loans.

Last action — Read third time. Refused passage. (Ayes 13. Noes 17. Page 4953.).

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

This bill died with 2013-2014 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

The Wage Garnishment Law prescribes the procedure for withholding an employee's earnings for purposes of paying a debt. The law requires that a levy of execution upon the earnings of an employee be made by service of an earnings withholding order upon the employer. An earnings withholding order is issued by a levying officer upon receiving an application submitted by a judgment creditor, as specified. An employer is required, except as otherwise provided by statute, to withhold the amounts required by an earnings withholding order from all earnings of the employee payable for any pay period of the employee which ends during the withholding period. This bill would provide that an earnings withholding order shall not be used for purposes of enforcing a judgment for the collection of debt that is from a student loan that is not made, insured, or guaranteed by the United State Government pursuant to the Federal Family Education Loan Program or the William D. Ford Federal Direct Loan Program. The bill would require a court to terminate or modify an earnings withholding order issued on or after July 1, 2014, if the court determines, upon a request by the judgment debtor pursuant to specified requirements and procedures, that the withholding order enforces a judgment in violation of these provisions. The bill would provide that a judgment creditor is liable to the judgment debtor for all amounts collected by the judgment creditor in violation of these provisions. The bill also would make conforming changes.

Bill Text

Action History

  1. Read third time. Refused passage. (Ayes 13. Noes 17. Page 4953.).

  2. Read second time. Ordered to third reading.

  3. Ordered to second reading.

  4. From inactive file.

  5. Ordered to inactive file at the request of Senator Evans.

  6. Reconsideration granted. (Ayes 38. Noes 0. Page 2355.)

  7. Motion to reconsider made by Senator Evans.

  8. Read third time. Refused passage. (Ayes 14. Noes 19. Page 2355.).

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 5. Noes 1.) (June 18).

  11. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

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

  13. Referred to Com. on JUD.

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

  15. Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 23. Page 882.)

  16. Read second time. Ordered to third reading.

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

  18. From committee: Do pass as amended. (Ayes 7. Noes 2.) (April 2).

  19. Re-referred to Com. on JUD.

  20. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  21. Referred to Com. on JUD.

  22. From printer. May be heard in committee March 8.

  23. Read first time. To print.

Sponsors

  • Wieckowski · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 7 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

3rd Reading AB233 Wieckowski By Evans

Failed 13 Yea · 17 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 121708
Democratic 1002
Total 1317010
% of votes cast 33%43%0%25%
How each member voted (40)
Member Party Vote
Anderson — Nay
Block — Not Voting
Hernandez — Nay
Hueso — Nay
Knight — Nay
Lara — Nay
Lieu — Not Voting
Torres — Not Voting
Vidak — Nay
Wolk — Not Voting
Correa — Not Voting
Evans — Yea
Cannella — Nay
Galgiani — Nay
Hancock — Yea
Leno — Yea
Liu — Yea
Mitchell — Yea
De León — Yea
Beall — Yea
Corbett — Yea
Monning — Yea
Morrell — Nay
Nielsen — Nay
Pavley — Yea
Steinberg — Yea
Wright — Not Voting
Wyland — Nay
Fuller — Nay
Hill — Nay
Huff — Nay
Roth — Not Voting
Walters — Nay
DeSaulnier — Yea
Yee — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Not Voting

Official roll call →

3rd Reading AB233 Wieckowski By Evans

Failed 14 Yea · 19 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 121806
Democratic 2100
Total 141906
% of votes cast 36%49%0%15%
How each member voted (39)
Member Party Vote
Anderson — Nay
Hernandez — Nay
Knight — Nay
Liu — Yea
Roth — Nay
Vidak — Nay
Wright — Yea
Emmerson — Nay
Correa — Not Voting
Wyland — Nay
De León — Yea
Evans — Yea
Cannella — Nay
Corbett — Yea
Fuller — Nay
Hancock — Yea
Beall — Not Voting
Block — Not Voting
Hill — Nay
Hueso — Yea
Huff — Nay
Lara — Not Voting
Leno — Yea
Lieu — Nay
Monning — Yea
Nielsen — Nay
Pavley — Yea
Steinberg — Yea
Torres — Nay
Walters — Nay
Wolk — Not Voting
DeSaulnier — Yea
Galgiani — Nay
Yee — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Nay
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

3rd Reading AB233 Wieckowski By Evans Reconsider

Passed 38 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 35001
Democratic 3000
Total 38001
% of votes cast 97%0%0%3%
How each member voted (39)
Member Party Vote
Anderson — Yea
Block — Yea
Hernandez — Yea
Knight — Yea
Nielsen — Yea
Steinberg — Yea
Walters — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
Wyland — Yea
Cannella — Yea
De León — Yea
Beall — Yea
Corbett — Yea
Fuller — Yea
Galgiani — Yea
Hill — Yea
Hueso — Yea
Huff — Yea
Lara — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Monning — Yea
Pavley — Yea
Roth — Yea
Torres — Yea
Vidak — Yea
Wolk — Yea
Wright — Yea
Hancock — Not Voting
DeSaulnier — Yea
Yee — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass.

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4101
Democratic 1000
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Anderson — Not Voting
Walters — Nay
Leno — Yea
Monning — Yea
Corbett — Yea
Evans — Yea
Jackson, Corey A. Democratic Yea

Official roll call →

AB 233 WIECKOWSKI Assembly Third Reading

Passed 50 Yea · 23 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 441905
Democratic 6100
Republican 0301
Total 502306
% of votes cast 63%29%0%8%
How each member voted (79)
Member Party Vote
Achadjian — Nay
Ammiano — Yea
Bigelow — Nay
Bloom — Yea
Blumenfield — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Linder — Nay
Maienschein — Nay
Mansoor — Nay
Ting — Yea
Torres — Yea
Waldron — Nay
Weber — Yea
Frazier — Yea
Stone — Yea
Gomez — Yea
Hall — Yea
Gray — Yea
Atkins — Yea
Mitchell — Yea
Bonilla — Yea
Holden — Yea
Daly — Yea
Eggman — Yea
Medina — Yea
Nazarian — Yea
Quirk — Yea
Skinner — Yea
Hagman — Nay
Bocanegra — Yea
Harkey — Not Voting
John A. Pérez — Yea
Jones-Sawyer — Yea
Levine — Yea
Logue — Nay
Melendez — Nay
Morrell — Nay
Campos — Yea
Salas — Not Voting
Lowenthal — Not Voting
Mullin — Yea
Nestande — Nay
Olsen — Nay
Alejo — Not Voting
Chau — Yea
Chesbro — Yea
Chávez — Nay
Conway — Nay
Cooley — Yea
Dickinson — Yea
Donnelly — Nay
Pan — Yea
Perea — Yea
Rendon — Yea
Wagner — Nay
Wieckowski — Yea
Wilk — Nay
Williams — Yea
Fox — Yea
Gatto — Nay
Yamada — Yea
Gordon — Yea
Gorell — Not Voting
Beth Gaines — Nay
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Patterson, Joe Republican Not Voting

Official roll call →

Do pass as amended.

Passed 7 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5201
Democratic 2000
Total 7201
% of votes cast 70%20%0%10%
How each member voted (10)
Member Party Vote
Alejo — Yea
Maienschein — Nay
Chau — Yea
Stone — Yea
Wagner — Nay
Wieckowski — Yea
Gorell — Not Voting
Dickinson — Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea

Official roll call →

Subjects

finance labor education
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Frequently asked questions

What does AB 233 do?
The Wage Garnishment Law prescribes the procedure for withholding an employee's earnings for purposes of paying a debt. The law requires that a levy of execution upon the earnings of an employee be made by service of an earnings withholding order upon the employer. An earnings withholding order is issued by a levying officer upon receiving an application submitted by a judgment creditor, as specified. An employer is required, except as otherwise provided by statute, to withhold the amounts required by an earnings withholding order from all earnings of the employee payable for any pay period of the employee which ends during the withholding period. This bill would provide that an earnings withholding order shall not be used for purposes of enforcing a judgment for the collection of debt that is from a student loan that is not made, insured, or guaranteed by the United State Government pursuant to the Federal Family Education Loan Program or the William D. Ford Federal Direct Loan Program. The bill would require a court to terminate or modify an earnings withholding order issued on or after July 1, 2014, if the court determines, upon a request by the judgment debtor pursuant to specified requirements and procedures, that the withholding order enforces a judgment in violation of these provisions. The bill would provide that a judgment creditor is liable to the judgment debtor for all amounts collected by the judgment creditor in violation of these provisions. The bill also would make conforming changes.
Who sponsors AB 233?
AB 233 is sponsored by Wieckowski.
What is the current status of AB 233?
This bill died with 2013-2014 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 233?
Track AB 233 free on One Click Politics — get push/email alerts when it moves.

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