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S1466.......................................by COMMERCE AND HUMAN RESOURCES
GARNISHMENT - WAGES - Amends existing law to provide that the amount of
money that may be garnished will be twenty-five percent of all gross wages
that exceed forty times the federal minimum wage.
02/18 Senate intro - 1st rdg - to printing
02/21 Rpt prt - to Com/HuRes
S1466
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1466
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO GARNISHMENT; AMENDING SECTION 11-207, IDAHO CODE, TO REVISE THE
3 CALCULATIONS ON THE AMOUNT OF MONEY THAT MAY BE GARNISHED AND TO MAKE
4 TECHNICAL CORRECTIONS; AND AMENDING SECTION 28-45-104, IDAHO CODE, TO
5 REVISE THE CALCULATIONS ON THE AMOUNT OF MONEY THAT MAY BE GARNISHED.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 11-207, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 11-207. RESTRICTION ON GARNISHMENT -- MAXIMUM. (1) Except as provided in
10 subsection (2) of this section, the maximum amount of the aggregate disposable
11 earnings of an individual for any work week which is subjected to garnishment
12 shall not exceed (a) twenty-five per cent percent (25%) of his disposable
13 earnings all gross wages for that week, or (b) the amount by which his dispos-
14 able earnings for that week that exceed thirty (30) forty (40) times the fed-
15 eral minimum hourly wage prescribed by 29 U.S.C.A. 206(a)(1) in effect at the
16 time the earnings are payable, whichever is less. In the case of earnings for
17 any pay period other than a week, the director of the Idaho commissioner
18 department of labor shall by regulation prescribe a multiple of the federal
19 minimum hourly wage equivalent in effect to that set forth in (b) of this sub-
20 section.
21 (2) (a) The restrictions of subsection (1) of this section shall not
22 apply in the case of any order of any court for the support of any person,
23 any order of any court of bankruptcy under chapter XIII of the Bankruptcy
24 Act, or any debt due for any state or federal tax.
25 (b) The maximum part of the aggregate disposable earnings of an individ-
26 ual for any work week which is subject to garnishment to enforce any order
27 for the support of any person shall not exceed:
28 1. Where such individual is supporting his spouse or dependent
29 child, other than a spouse or child with respect to whose support
30 such order is used, fifty per cent percent (50%) of such individual's
31 disposable earnings for that week; and
32 2. Where such individual is not supporting such a spouse or depend-
33 ent child described in paragraph 1. of this subsection, sixty per
34 cent percent (60%) of such individual's disposable earnings for that
35 week;
36 except that with respect to the disposable earnings of any individual for
37 any work week, the fifty per cent percent (50%) specified in paragraph 1.
38 of this subsection shall be deemed to be fifty-five per cent percent (55%)
39 and the sixty per cent percent (60%) specified in paragraph 2. of this
40 subsection shall be deemed to be sixty-five per cent percent (65%), if and
41 to the extent that such earnings are subject to garnishment to enforce a
42 support order with respect to a period which is prior to the twelve (12)
43 week period which ends with the beginning of such work week.
2
1 SECTION 2. That Section 28-45-104, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 28-45-104. LIMITATION ON GARNISHMENT. (1) For the purposes of this part:
4 (a) "Disposable earnings" means that part of the earnings of an individ-
5 ual remaining after the deduction from those earnings of amounts required
6 by law to be withheld; and
7 (b) "Garnishment" means any legal or equitable procedure through which
8 the earnings of an individual are required to be withheld for payment of a
9 debt.
10 (2) The maximum part of the aggregate disposable earnings of an individ-
11 ual for any work week which is subject to garnishment to enforce payment of a
12 judgment arising from a regulated consumer credit sale or regulated consumer
13 loan may not exceed: the lesser of:
14 (a) Twenty-five percent (25%) of his disposable earnings all gross wages
15 for that week; or
16 (b) The amount by which his disposable earnings for that week that exceed
17 forty (40) times the federal minimum hourly wage prescribed by section
18 6(a)(1) of the Fair Labor Standards Act of 1938, U.S.C. title 29, section
19 206(a)(1), in effect at the time the earnings are payable.
20 (cb) In the case of earnings for a pay period other than a week, the
21 director of the department of labor shall prescribe by rule a multiple of
22 the federal minimum hourly wage equivalent in effect to that set forth in
23 paragraph (ba).
24 (3) No court may make, execute, or enforce an order or process in viola-
25 tion of this section.
STATEMENT OF PURPOSE
RS 09891
This legislation would change the garnishment percentages from disposable
earning to all gross wages, thus consistent with the Fair Labor Standards Act of
1838.
FISCAL NOTE
No fiscal impact is anticipated.
CONTACT: Senator Bart M. Davis
District 29
(208) 522-8100
STATEMENT OF PURPOSE/FISCAL IMPACT S 1466