California 2017-2018 Regular Session Status: Passed Senate

SB 16 — Wage garnishment restrictions: exempt earnings: student loans.

Last action — Motion to reconsider made by Assembly Member McCarty.

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

This bill died with 2017-2018 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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. An employer is required, except as specified, 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. The law prohibits 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 50% of the amount by which the individual's disposable earnings for the week exceed 40 times the state minimum hourly wage, or applicable local minimum hourly wage, if higher, in effect at the time the earnings are payable. This bill would establish a reduced maximum amount of disposable earnings of an individual judgment debtor subject to levy under an earnings withholding order for a judgment based in whole or in part on a claim for debt on a student loan that is not made, insured, or guaranteed by the United States Government pursuant to the Federal Family Education Loan Program or the William D. Ford Federal Direct Loan Program. The bill would prohibit the amount of disposable earnings subject to levy from exceeding the lesser of 15% of the individual's disposable earnings for that week or 50% of the amount by which the individual's disposable earnings for the week exceed 40 times the state minimum hourly wage, or applicable local minimum hourly wage, if higher, in effect at the time the earnings are payable.

Bill Text

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1 added · 1 removed

1 line(s) added, 1 removed.

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Action History

  1. Motion to reconsider made by Assembly Member McCarty.

  2. Read third time. Refused passage. (Ayes 38. Noes 24. Page 2408.)

  3. Read second time. Ordered to third reading.

  4. From committee: Do pass. (Ayes 8. Noes 3.) (June 13).

  5. Referred to Com. on JUD.

  6. In Assembly. Read first time. Held at Desk.

  7. Read third time. Passed. (Ayes 28. Noes 12. Page 703.) Ordered to the Assembly.

  8. Read second time. Ordered to third reading.

  9. Ordered to second reading.

  10. Withdrawn from committee.

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 538.) (March 28). Re-referred to Com. on APPR.

  12. Set for hearing March 28.

  13. Referred to Coms. on JUD. and APPR.

  14. From printer. May be acted upon on or after January 5.

  15. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Wieckowski · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 8 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

SB 16 Wieckowski Senate Third Reading By MCCARTY

Failed 38 Yea · 24 Nay · 18 Other
Party YeaNayPresentNot Voting
Unaffiliated 3018011
Democratic 8106
Republican 0501
Total 3824018
% of votes cast 48%30%0%23%
How each member voted (80)
Member Party Vote
Acosta — Nay
Bloom — Yea
Brough — Not Voting
Holden — Yea
Kiley — Nay
Maienschein — Nay
Mathis — Nay
Melendez — Nay
Nazarian — Yea
Quirk — Yea
Ridley-Thomas — Yea
Rodriguez — Not Voting
Ting — Yea
Wood — Yea
Eggman — Yea
Chau — Yea
Chiu — Yea
Gonzalez Fletcher — Yea
Frazier — Nay
Friedman — Yea
Gloria — Yea
Gomez — Yea
Rubio — Yea
Chu — Yea
Jones-Sawyer — Yea
Chávez — Nay
Levine — Yea
Low — Yea
Mayes — Nay
Cunningham — Nay
McCarty — Yea
Medina — Yea
Mullin — Yea
O'Donnell — Yea
Obernolte — Nay
Rendon — Yea
Santiago — Yea
Thurmond — Yea
Voepel — Nay
Waldron — Nay
Burke — Not Voting
Fong — Not Voting
Salas — Not Voting
Harper — Nay
Bocanegra — Not Voting
Gray — Not Voting
Baker — Nay
Bigelow — Nay
Steinorth — Nay
Weber — Not Voting
Cooley — Yea
Cooper — Not Voting
Dababneh — Yea
Daly — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Aguiar-Curry, Cecilia M. Democratic Not Voting
Arambula, Joaquin Democratic Nay
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Not Voting
Cervantes, Sabrina Democratic Not Voting
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Not Voting
Lackey, Tom Republican Nay

Official roll call →

Do pass.

Passed 8 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6300
Democratic 2000
Total 8300
% of votes cast 73%27%0%0%
How each member voted (11)
Member Party Vote
Holden — Yea
Chau — Yea
Kiley — Nay
Maienschein — Nay
Ting — Yea
Chiu — Yea
Cunningham — Nay
Cristina Garcia — Yea
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea

Official roll call →

Subjects

labor education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 16 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. An employer is required, except as specified, 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. The law prohibits 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 50% of the amount by which the individual's disposable earnings for the week exceed 40 times the state minimum hourly wage, or applicable local minimum hourly wage, if higher, in effect at the time the earnings are payable. This bill would establish a reduced maximum amount of disposable earnings of an individual judgment debtor subject to levy under an earnings withholding order for a judgment based in whole or in part on a claim for debt on a student loan that is not made, insured, or guaranteed by the United States Government pursuant to the Federal Family Education Loan Program or the William D. Ford Federal Direct Loan Program. The bill would prohibit the amount of disposable earnings subject to levy from exceeding the lesser of 15% of the individual's disposable earnings for that week or 50% of the amount by which the individual's disposable earnings for the week exceed 40 times the state minimum hourly wage, or applicable local minimum hourly wage, if higher, in effect at the time the earnings are payable.
Who sponsors SB 16?
SB 16 is sponsored by Wieckowski.
What is the current status of SB 16?
This bill died with 2017-2018 Regular Session. It reached “Passed Senate” 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 SB 16?
Track SB 16 free on One Click Politics — get push/email alerts when it moves.

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