BILL NUMBER: AB 1744	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Portantino

                        FEBRUARY 8, 2010

   An act to amend Section 706.011 of the Code of Civil Procedure,
relating to earnings withholding orders.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1744, as introduced, Portantino. Earnings withholding orders.
   Existing law provides procedures for the enforcement of monetary
judgments, including the issuance of an earnings withholding order.
Existing law provides various definitions for these purposes.
   This bill would make technical, nonsubstantive changes to these
provisions.
   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 706.011 of the Code of Civil Procedure is
amended to read:
   706.011.  As used in this chapter:
   (a) "Earnings" means compensation payable by an employer to an
employee for personal services performed by  such 
 the  employee, whether denominated as wages, salary,
commission, bonus, or otherwise.
   (b) "Earnings assignment order for support" means an order, made
pursuant to Chapter 8 (commencing with Section 5200) of Part 5 of
Division 9 of the Family Code or Section 3088 of the Probate Code,
which requires an employer to withhold earnings for support.
   (c) "Employee" means a public officer and any individual who
performs services subject to the right of the employer to control
both what shall be done and how it shall be done.
   (d) "Employer" means a person for whom an individual performs
services as an employee.
   (e) "Judgment creditor," as applied to the state, means the
specific state agency seeking to collect a judgment or tax liability.

   (f) "Judgment debtor" includes a person from whom the state is
seeking to collect a tax liability under Article 4 (commencing with
Section 706.070), whether or not a judgment has been obtained on
 such   that  tax liability.
   (g) "Person" includes an individual, a corporation, a partnership
or other unincorporated association, a limited liability company, and
a public entity.