BILL NUMBER: AB 1388	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 14, 2011

INTRODUCED BY   Assembly Member Wieckowski

                        FEBRUARY 18, 2011

    An act to amend Section 26001 of the Public Resources
Code, relating to energy.   An act to amend Section
706.051 of the Code of Civil Procedure, relating to judgment debtors.




	LEGISLATIVE COUNSEL'S DIGEST


   AB 1388, as amended, Wieckowski.  California Alternative
Energy and Advanced Transportation Financing Authority Act. 
 Earnings withholding orders.  
   Existing law requires an employer to withhold the amounts required
by an earnings withholding order from all earnings of the employee
payable for any pay period of the employee that ends during the
withholding period. Under existing law, the portion of the judgment
debtor's earnings that the judgment debtor proves is necessary for
the support of the judgment debtor or the judgment debtor's family
supported in whole or in part by the judgment debtor is exempt from
the levy of an earnings withholding order. This exemption is not
available if the debt was incurred for the common necessaries of life
furnished to the judgment debtor or the family of the judgment
debtor.  
   This bill would delete that restriction on the exemption from the
levy of an earnings withholding order.  
   Existing law establishes the Calfornia Alternative Energy and
Advanced Transportation Financing Authority Act, which is intended to
provide industry within this state with an alternative method of
financing alternative methods and sources of energy in this state.
The act includes various legislative findings and declarations
relating to the need to develop renewable energy sources and promote
energy sources that reduce the degradation of the environment and
protect the health, welfare, and safety of the public. 

   This bill would make a technical, clarifying change in those
legislative findings and declarations. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 706.051 of the   Code
of Civil Procedure   is amended to read: 
   706.051.  (a) For the purposes of this section, "family of the
judgment debtor" includes the spouse or former spouse of the judgment
debtor.
   (b) Except as provided in subdivision (c), the portion of the
judgment debtor's earnings  which   that 
the judgment debtor proves is necessary for the support of the
judgment debtor or the judgment debtor's family supported in whole or
in part by the judgment debtor is exempt from levy under this
chapter.
   (c) The exemption provided in subdivision (b) is not available if
any of the following exceptions applies: 
   (1) The debt was incurred for the common necessaries of life
furnished to the judgment debtor or the family of the judgment
debtor.  
   (2) 
    (1)  The debt was incurred for personal services
rendered by an employee or former employee of the judgment debtor.

   (3) 
    (2)  The order is a withholding order for support under
Section 706.030. 
   (4) 
    (3)  The order is one governed by Article 4 (commencing
with Section 706.070) (state tax order). 
  SECTION 1.    Section 26001 of the Public
Resources Code is amended to read:
   26001.  The Legislature hereby finds and declares all of the
following:
   (a) It is essential that the state, in cooperation with the
federal government, use all practical and commercially feasible means
to promote the prompt and efficient development of energy sources
which are renewable or which more efficiently utilize and conserve
finite energy resources.
   (b) The promotion of energy sources which reduce the degradation
of the environment and which protect the health, welfare, and safety
of the people of this state is in the public interest and serves a
public purpose.
   (c) It is essential that the state, in cooperation with the
federal government, use all practical and commercially feasible means
to promote the development and commercialization of advanced
transportation technologies to conserve energy, reduce air pollution,
promote economic development and jobs, and protect the health,
welfare, and safety of the people of the state.