BILL NUMBER: AB 1388 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 10, 2011
AMENDED IN ASSEMBLY APRIL 26, 2011
AMENDED IN ASSEMBLY MARCH 14, 2011
INTRODUCED BY Assembly Member Wieckowski
( Coauthor: Assembly Member
Lara )
FEBRUARY 18, 2011
An act to amend Section 706.051 of the Code of Civil Procedure,
and to amend Section 68632 of the Government Code,
relating to judgment debtors.
LEGISLATIVE COUNSEL'S DIGEST
AB 1388, as amended, Wieckowski. 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 provide that "common necessaries of life"
does not include hospital services or medical care for purposes of
that exception to the exemption from the levy of an earnings
withholding order delete that exception for the common
necessaries of life. This bill would, instead, provide an exception
for a debt incurred pursuant to an order or award for the payment o
f attorney's fees in connection with certain family law
proceedings. The bill would also make a conforming change .
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 pursuant to an order or award for the payment
of attorney's fees under Section 2030, 3121, or 3557 of the Family
Code .
(2) The debt was incurred for personal services rendered by an
employee or former employee of the judgment debtor.
(3) The order is a withholding order for support under Section
706.030.
(4) The order is one governed by Article 4 (commencing with
Section 706.070) (state tax order).
SEC. 2. Section 68632 of the Government
Code is amended to read:
68632. Permission to proceed without paying court fees and costs
because of an applicant's financial condition shall be granted
initially to all of the following persons:
(a) A person who is receiving public benefits under one or more of
the following programs:
(1) Supplemental Security Income (SSI) and State Supplementary
Payment (SSP) (Article 5 (commencing with Section 12200) of Chapter 3
of Part 3 of Division 9 of the Welfare and Institutions Code).
(2) California Work Opportunity and Responsibility to Kids Act
(CalWORKs) (Chapter 2 (commencing with Section 11200) of Part 3 of
Division 9 of the Welfare and Institutions Code) or a federal Tribal
Temporary Assistance for Needy Families (Tribal TANF) grant program
(Section 10553.25 of the Welfare and Institutions Code).
(3) Food Stamps (Chapter 51 (commencing with Section 2011) of
Title 7 of the United States Code) or the California Food Assistance
Program (Chapter 10.1 (commencing with Section 18930) of Part 6 of
Division 9 of the Welfare and Institutions Code).
(4) County Relief, General Relief (GR), or General Assistance (GA)
(Part 5 (commencing with Section 17000) of Division 9 of the Welfare
and Institutions Code).
(5) Cash Assistance Program for Aged, Blind, and Disabled Legal
Immigrants (CAPI) (Chapter 10.3 (commencing with Section 18937) of
Part 6 of Division 9 of the Welfare and Institutions Code).
(6) In-Home Supportive Services (IHSS) (Article 7 (commencing with
Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare
and Institutions Code).
(7) Medi-Cal (Chapter 7 (commencing with Section 14000) of Part 3
of Division 9 of the Welfare and Institutions Code).
(b) A person whose monthly income is 125 percent or less of the
current poverty guidelines updated periodically in the Federal
Register by the United States Department of Health and Human Services
under the authority of paragraph (2) of Section 9902 of Title 42 of
the United States Code.
(c) A person who, as individually determined by the court, cannot
pay court fees without using moneys that normally would pay for the
common necessaries of life for the applicant and the applicant's
family. Only if a trial court finds that an applicant under this
subdivision can pay a portion of court fees, or can pay court fees
over a period of time, or under some other equitable arrangement,
without using moneys that normally would pay for the common
necessaries of life for the applicant and the applicant's family, the
court may grant a partial initial fee waiver using the notice and
hearing procedures set forth in paragraph (5) of subdivision (e) of
Section 68634. "Common necessaries of life," as used in this article,
shall be interpreted consistently with the use of that term in
paragraph (1) of subdivision (c) of Section 706.051 of the Code of
Civil Procedure , as that paragraph read prior to January 1,
2012 .
SECTION 1. Section 706.051 of the Code of Civil
Procedure is amended to read:
706.051. (a) For the purposes of this section, the following
shall apply:
(1) "Common necessaries of life" does not include hospital
services or medical care.
(2) "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 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) The debt was incurred for personal services rendered by an
employee or former employee of the judgment debtor.
(3) The order is a withholding order for support under Section
706.030.
(4) The order is one governed by Article 4 (commencing with
Section 706.070) (state tax order).