1999 Legislation
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SENATE BILL NO. 1034, As Amended – Wage claim law, revised

SENATE BILL NO. 1034, As Amended

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S1034aa.....................................by COMMERCE AND HUMAN RESOURCES
WAGE CLAIM LAW - Repeals, adds to and amends existing law to revise Idaho's
wage claim law by improving the Department of Labor's administrative
process for handling wage claims; to make the department's wage claim
decisions enforceable; and to provide for imposition of a state lien to
collect unpaid wages after an administrative decision becomes final.

01/22    Senate intro - 1st rdg - to printing
01/25    Rpt prt - to Com/HuRes
02/05    Rpt out - rec d/p - to 2nd rdg
02/08    Unanimous consent to refer to 14th ord
02/10    Rpt out amen - to engros
02/11    Rpt engros - 1st rdg - to 2nd rdg as amen
02/12    2nd rdg - to 3rd rdg as amen
02/15    3rd rdg as amen - PASSED - 28-0-7
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins,
      Keough, Lee, McLaughlin, Richardson, Riggs, Risch, Sandy, Schroeder,
      Sorensen, Stegner, Thorne, Twiggs, Wheeler, Whitworth
      NAYS--None
      Absent and excused--Danielson, Ingram, Ipsen, King, Noh, Parry,
      Stennett
    Floor Sponsor - McLaughlin
    Title apvd - to House
02/16    House intro - 1st rdg as amen - to Comm/Hu Res
02/26    Rpt out - rec d/p - to 2nd rdg as amen
03/01    2nd rdg - to 3rd rdg as amen
03/02    3rd rdg as amen - PASSED - 61-1-8
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Clark, Crow, Cuddy, Deal, Denney,
      Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
      Hammond, Hansen(23), Henbest, Hornbeck, Jaquet, Judd, Kempton,
      Kendell, Kunz, Lake, Limbaugh, Linford, Marley, McKague, Meyer,
      Montgomery, Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger,
      Ringo, Robison, Sali, Schaefer, Sellman, Smith, Stevenson, Stoicheff,
      Stone, Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Williams,
      Zimmermann
      NAYS -- Wood
      Absent and excused -- Chase, Hansen(29), Jones, Kellogg, Loertscher,
      Mader, Smylie, Mr Speaker
    Floor Sponsor - Ridinger
    Title apvd - to Senate
03/03    To enrol
03/04    Rpt enrol - Pres signed - Sp signed
03/05    To Governor
03/11    Governor signed
         Session Law Chapter 51
         Effective: 07/01/99

Bill Text


S1034


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                      IN THE SENATE

                             SENATE BILL NO. 1034, As Amended

                        BY COMMERCE AND HUMAN RESOURCES COMMITTEE

 1                                        AN ACT
 2    RELATING TO CLAIMS FOR WAGES; AMENDING SECTION 44-1508, IDAHO CODE, TO  REVISE
 3        THE  ENFORCEMENT  PROVISIONS FOR MINIMUM WAGE CLAIMS AND TO MAKE TECHNICAL
 4        CORRECTIONS; AMENDING SECTION 45-601, IDAHO CODE, TO ADD  DEFINITIONS  AND
 5        TO  MAKE  TECHNICAL  CORRECTIONS;  AMENDING SECTION 45-602, IDAHO CODE, TO
 6        REVISE THE PREFERENCE FOR EMPLOYEES' WAGES  AND  TO  CORRECT  TERMINOLOGY;
 7        AMENDING  SECTION  45-603,  IDAHO CODE, TO REVISE THE PREFERENCE FOR WAGES
 8        UPON THE DEATH OF THE EMPLOYER AND TO CORRECT TERMINOLOGY;  AMENDING  SEC-
 9        TION  45-604, IDAHO CODE, TO CORRECT TERMINOLOGY; AMENDING SECTION 45-605,
10        IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 45-606,  IDAHO
11        CODE,  TO REVISE REQUIREMENTS FOR THE PAYMENT OF WAGES UPON SEPARATION AND
12        TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION  45-607,  IDAHO  CODE,  TO
13        REVISE  THE  PENALTY PROVISIONS FOR FAILURE TO PAY WAGES; AMENDING SECTION
14        45-608, IDAHO CODE, TO REVISE REQUIREMENTS FOR PAY  PERIODS  AND  TO  MAKE
15        TECHNICAL  CORRECTIONS; AMENDING SECTION 45-609, IDAHO CODE, TO MAKE TECH-
16        NICAL CORRECTIONS; AMENDING SECTION 45-610, IDAHO CODE, TO REVISE REQUIRE-
17        MENTS FOR RECORDKEEPING AND TO MAKE TECHNICAL CORRECTIONS;  AMENDING  SEC-
18        TION  45-611,  IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
19        45-612, IDAHO  CODE,  TO  DELETE  OBSOLETE  REFERENCES;  AMENDING  SECTION
20        45-613,  IDAHO  CODE, TO MAKE TECHNICAL CORRECTIONS AND TO PROVIDE CORRECT
21        REFERENCES; AMENDING SECTION 45-614, IDAHO CODE, TO PROVIDE  THAT  A  WAGE
22        CLAIM MAY BE FILED IN THE DEPARTMENT OR IN COURT AND TO DELETE CONFLICTING
23        LANGUAGE;  REPEALING SECTION 45-615, IDAHO CODE; AMENDING CHAPTER 6, TITLE
24        45, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 45-615,  IDAHO  CODE,  TO
25        PROVIDE  FOR THE COLLECTION OF WAGES BY SUIT AND TO PROVIDE FOR ATTORNEY'S
26        FEES AND COSTS; AMENDING SECTION 45-616, IDAHO CODE, TO CORRECT  TERMINOL-
27        OGY,  TO  PROVIDE  FOR  RETENTION IN THE DEPARTMENT'S ACCOUNT OF UNCLAIMED
28        WAGES AND TO MAKE TECHNICAL CORRECTIONS; REPEALING SECTION  45-617,  IDAHO
29        CODE;  AMENDING  CHAPTER 6, TITLE 45, IDAHO CODE, BY THE ADDITION OF A NEW
30        SECTION 45-617, IDAHO CODE, TO PROVIDE ADMINISTRATIVE PROCEDURES FOR  WAGE
31        CLAIMS; AMENDING CHAPTER 6, TITLE 45, IDAHO CODE, BY THE ADDITION OF A NEW
32        SECTION  45-618, IDAHO CODE, TO PROVIDE FOR ADMINISTRATIVE ENFORCEMENT AND
33        COLLECTION OF WAGE CLAIMS; AMENDING CHAPTER 6, TITLE 45,  IDAHO  CODE,  BY
34        THE  ADDITION OF A NEW SECTION 45-619, IDAHO CODE, TO PROVIDE FOR JUDICIAL
35        REVIEW; AMENDING CHAPTER 6, TITLE 45, IDAHO CODE, BY THE ADDITION OF A NEW
36        SECTION 45-620, IDAHO CODE, TO ALLOW THE DEPARTMENT TO FILE LIENS TO  COL-
37        LECT  WAGE  CLAIMS; AMENDING CHAPTER 6, TITLE 45, IDAHO CODE, BY THE ADDI-
38        TION OF A NEW SECTION 45-621, IDAHO CODE, TO PROVIDE  PROCEDURES  FOR  THE
39        COLLECTION  OF  AMOUNTS  SECURED BY LIENS; AMENDING SECTION 45-1901, IDAHO
40        CODE, TO INCLUDE LIENS OF THE DEPARTMENT  IN  THE  LIST  OF  STATE  LIENS;
41        AMENDING  SECTION  45-1902,  IDAHO  CODE,  TO  REVISE  THE DEFINITION OF A
42        DEBTOR; AMENDING SECTION 45-1903, IDAHO CODE, TO INCLUDE A CODE REFERENCE;
43        AMENDING SECTION 45-1904, IDAHO CODE, TO PROVIDE  FOR  WAGE  CLAIMS  IN  A
44        NOTICE  OF LIEN; AND AMENDING SECTION 45-1905, IDAHO CODE, TO INCLUDE WAGE
45        CLAIMS WITHIN THE SCOPE OF THE SECTION.


                                      2

 1    Be It Enacted by the Legislature of the State of Idaho:

 2        SECTION 1.  That Section 44-1508, Idaho Code, be, and the same  is  hereby
 3    amended to read as follows:

 4        44-1508.  ENFORCEMENT.  (1)  When  the director of the department of labor
 5    has reason to believe that an employer is engaged in an act or practice  which
 6    violates  or  will violate a provision of chapter 15, title 44, Idaho Code, he
 7    may bring an action in a court of competent jurisdiction to enjoin the act  or
 8    practice,  and  to enforce compliance with the provisions of chapter 15, title
 9    44, Idaho Code. Upon a proper showing, a permanent or temporary injunction  or
10    restraining order shall be granted without bond.
11        (2)  A  claim  for  unpaid  minimum wages as set forth in section 44-1502,
12    Idaho Code, may be treated as a claim for wages due and owing under chapter 6,
13    title 45, Idaho Code.  Enforcement or suit under  chapter  6,  title  45,
14    Idaho  Code,  for  unpaid  minimum  wages  may be commenced by the employee or
15    employees affected, or by the department of labor whether  a  wage  claim  has
16    been  filed with the department or not.  Such claim shall not be subject
17    to the limitation contained in section 45-61 5   7  (1),
18    Idaho Code , if brought by the department of labor . Any action for
19    such  wages  must be commenced in a court of competent jurisdiction within two
20    (2) years  after the  cause of action shall  have accrued.

21        SECTION 2.  That Section 45-601, Idaho Code, be, and the  same  is  hereby
22    amended to read as follows:

23        45-601.  DEFINITIONS. Whenever used in this chapter:
24          (  1  .   )  "Claimant" means an employee who
25    filed a wage claim with the department in accordance with this chapter and  as
26    the director may prescribe.
27        (2)  "Department" means the department of labor.
28        (3)    "Director" means the director of the department of labor
29    .   of the state of Idaho. 
30         2.  (4)   "Employee" means any person  suffered  or
31    permitted to work by an employer.
32         3.  (5)   "Employer" means any individual, partner-
33    ship,  association, joint stock company, trust, corporation, the administrator
34    or executor of the estate of a deceased individual, or the receiver,  trustee,
35    or successor of any of the same, employing any person.
36          (6)  "Wage claim" means an employee's claim against an employer for
37    compensation for the employee's own personal services, and includes any wages,
38    penalties, or damages provided by law to employees with  a  claim  for  unpaid
39    wages. 
40          4.   (7)   "Wages" means compensation for labor or
41    services rendered by an employee, whether the amount is determined on a  time,
42    task, piece or commission basis.

43        SECTION  3.  That  Section  45-602, Idaho Code, be, and the same is hereby
44    amended to read as follows:

45        45-602.  WAGES OF   SERVANTS  AND  LABORERS      EMPLOYEES
46      PREFERRED.  In  all  assignments  of  property  made  by any person to
47    trustees or assignees, or in proceedings in insolvency,  the  
48    an employee's  wages  of the miners, mechanics, salesmen, servants,
49    clerks or laborers  for services rendered within sixty (60)  days  


                                      3

 1    next    preceding  such assignment, not exceeding  one  
 2    five  hundred  fifty    dollars  ($  1  50  0
 3    ),  are   is a  preferred claim s , and
 4    must  be paid by such trustees or assignees before any  creditor or  creditors
 5    of  the assignor  or insolvent debtor :   ;    provided,
 6    that  whenever  any  such    miner, mechanic, salesman, servant, clerk or
 7    laborer   employee  has filed a notice of  lien  against  any
 8    property  of the assignor,  he   the employee  may elect
 9    between the provisions  of  this  section  and    his      the
10    employee's  lien.

11        SECTION  4.  That  Section  45-603, Idaho Code, be, and the same is hereby
12    amended to read as follows:

13        45-603.  PREFERENCE OF WAGES -- DEATH OF EMPLOYER. In case of the death of
14    any employer, the wages of each  miner, mechanic, salesman,  clerk,  ser-
15    vant  and  laborer,    employee  for services rendered within
16    the sixty (60) days  next  preceding the death of the employer, not
17    exceeding  one   five  hundred  fifty    dol-
18    lars  ($  1  50  0  ),  rank  in priority next after the
19    funeral  expenses  ;    ,     expenses   of   the   last
20    sickness ;  ,  the charges and expenses of administering
21      upon    the  estate,  and the allowance of the  widow 
22     surviving spouse  and  infant   minor  chil-
23    dren, and must be paid before any other  claims  against  the  estate  of  the
24    deceased person.

25        SECTION  5.  That  Section  45-604, Idaho Code, be, and the same is hereby
26    amended to read as follows:

27        45-604.  PREFERENCE OF WAGES ON EXECUTION AND ATTACHMENT. In cases of exe-
28    cutions, attachments and writs of similar nature, issued against any person or
29    his property, except for claims for labor done, any   miners,  mechanics,
30    salesmen, servants, clerks or laborers,   employee  who 
31    have    has  claims against the defendant for labor done upon
32    the property levied on, may give notice of their claim and the amount thereof,
33    sworn to by the person making the claim, to the creditor or   his  
34     the creditor's  agent or attorney and to the officer executing any
35    of such writs, at any time before the actual sale of the property levied upon;
36    and,  unless  such  claim  is disputed by the debtor or creditor, such officer
37    must pay to such person out of the proceeds of the sale  of  any  property  on
38    which  such  person  has bestowed labor, the amount  he   such
39    person  is entitled to receive for  his  services  rendered  within  the
40    sixty  (60)  days   next  preceding the levy of the writ. If any or
41    all other claims so presented and claiming preference under this  section  are
42    disputed  by  either  the debtor or a creditor, the person presenting the same
43    must commence an action within ten (10) days for  the  recovery  thereof,  and
44    must  prosecute  his   the  action with due diligence or
45    be forever barred from any claim of priority of payment thereof, and the offi-
46    cer shall retain possession of so much of the proceeds of the sale as  may  be
47    necessary to satisfy such claim until the determination of such action, and in
48    case  judgment  be  had for the claim or any part thereof, carrying costs, the
49    costs taxable therein shall likewise be a preferred claim with the  same  rank
50    as the original claim.


                                      4

 1        SECTION  6.  That  Section  45-605, Idaho Code, be, and the same is hereby
 2    amended to read as follows:

 3        45-605.  DEBTOR OR CREDITOR MAY DISPUTE  CLAIM.  The  debtor  or  creditor
 4    intending  to dispute a claim presented under the provisions of  the last
 5     section  45-604, Idaho Code , shall, within  ten  (10)  days
 6    after  receiving notice of such claim, serve upon the claimant and the officer
 7    executing the writ, a statement in  writing,  verified  by  the  oath  of  the
 8    debtor , or his agent or attorney,  or  the oath of  the
 9    person  disputing  such claim, or his agent or attorney, setting forth that no
10    part of said claim, or not exceeding a sum specified, is justly due  from  the
11    debtor  to the claimant for services rendered within the sixty (60) days 
12    next  preceding the levy of the writ. If the claimant brings suit  on  a
13    claim  which is disputed in part only, and fail s  to recover a sum
14    exceeding that which was admitted to be due,  he   the  claim-
15    ant   shall not recover costs, but costs shall be adjudged against 
16    him   the claimant .

17        SECTION 7.  That Section 45-606, Idaho Code, be, and the  same  is  hereby
18    amended to read as follows:

19        45-606.  PAYMENT  OF  WAGES  UPON  SEPARATION  FROM  EMPLOYMENT.    (
20    1  .    )    Upon  layoff,  or upon termination of
21    employment by either the employer or employee, the employer shall pay or  make
22    available at the usual place of payment all wages then due the employee by the
23    earlier of the next regularly scheduled payday or within ten (10) days of such
24    layoff  or  termination,  weekends  and  holidays  excluded.  However,  if the
25    employee makes written request upon the employer for earlier payment of wages,
26    all wages then due the employee shall be  paid within forty-eight  (48)  hours
27    of the receipt of such request, weekends and holidays excluded.
28          ( 2 .  )  Unless exempt from the minimum wage
29    requirements of chapter 15, title 44, Idaho Code, employees who are not  being
30    paid on an hourly or salary basis must be paid at least the applicable minimum
31    wage  for  all  hours worked in the pay period immediately preceding layoff or
32    termination from employment. The minimum wage payment shall be made within the
33    same time limitations provided for in subsection  (1)  of  this  section.  Any
34    additional  wages owed to employees shall be paid by the next regularly sched-
35    ule payday.
36        (3)   The director  of the department of labor  may, upon
37    application showing good and sufficient reasons, grant an employer a temporary
38    extension to any time limitation provided in this section.

39        SECTION 8.  That Section 45-607, Idaho Code, be, and the  same  is  hereby
40    amended to read as follows:

41        45-607.  PENALTY FOR FAILURE TO PAY. Whenever an employer fails to pay all
42    wages  then due an employee at the times due under section 45-606, Idaho Code,
43    then the employee's  regular  wages  he would have been  enti-
44    tled  to had he rendered services in the manner as last employed,  shall
45    continue at the same rate  from the day wages are due   as  if
46    services had been rendered in the manner as last employed  until paid in
47    full or for  thirty (30)   fifteen (15)  days, whichever
48    is  less.  However, in no event can the maximum penalty exceed seven hun-
49    dred fifty dollars ($750), and if the full amount of the wages are paid  prior
50    to  the  filing  of a lien pursuant to section 45-620, Idaho Code, the maximum


                                      5

 1    penalty shall not exceed five hundred dollars ($500). 
 2         No   Any  employee who secretes or absents  himself
 3    to  avoid  payment,  or refuses to receive  the same   payment
 4     when made available as provided for  in  section  45-606,  Idaho  Code,
 5    shall  not  be entitled to any penalty under this chapter.
 6          Every  employee shall have such lien and all other rights and reme-
 7    dies for the protection and enforcement of such unpaid wages and penalties  as
 8    he would have been entitled to had he rendered services therefor in the manner
 9    as  last employed, including costs of suit and reasonable attorney's fees if a
10    demand is made, in writing, at least five (5) days before suit is brought, for
11    a sum not to exceed the amount found due by decision of the court  or  verdict
12    of the jury. 

13        SECTION  9.  That  Section  45-608, Idaho Code, be, and the same is hereby
14    amended to read as follows:

15        45-608.  PAY PERIODS -- PENALTY.   (  1  .    )
16        Every e  E mployer s  shall pay all
17    wages due to  his   their  employees at least once  dur-
18    ing  each  calendar  month,  on  regular  paydays designated in advance by the
19    employer, in lawful money of the United States or with checks on  banks  where
20    suitable  arrangements  are made for the cashing of such checks without charge
21    to the employee. Nothing contained herein  shall  prohibit  an  employer  from
22    depositing  wages  due or to become due or an advance  on   of
23     wages to be earned in an account in a bank, savings and  loan  associa-
24    tion  or  credit  union  of  the  employee's choice ,   in the
25    state,  provided that  the  employee  has  voluntarily  authorized  such
26    deposit.  If  the employee revokes such authorization for deposit, it shall be
27    deemed terminated and the provisions herein relating to the payment  of  wages
28    shall apply.
29         ( 2 .  )   The end of the pay period for
30    which  payment  is  made  on a regular payday shall be not more than  ten
31    (10)   fifteen (15)  days before such  regular  payday;  pro-
32    vided  that  if the regular payday falls on a nonworkday payment shall be made
33    on a preceding workday.
34         ( 3 .  )   The director may, upon appli-
35    cation showing good and sufficient reasons, permit  an  employer  to  withhold
36    payment of wages more than the  ten (10)   fifteen (15) 
37    day  period  as  specified in subsection  ( 2 )  of this
38    section.
39         ( 4 .  )   The director may, pursuant to
40    his authority, levy a civil penalty upon any employer who has failed to obtain
41    the exemption provided in subsection  ( 3  )    of  this
42    section  and  who  has  been  duly  determined to have undertaken a
43    consistent pattern of untimely payment of wages to his employees. Such penalty
44    shall not exceed five hundred dollars ($500) for such employer per pay period.

45        SECTION 10.  That Section 45-609, Idaho Code, be, and the same  is  hereby
46    amended to read as follows:

47        45-609.  WITHHOLDING  OF  WAGES.  (1)  No employer may withhold
48    or divert any portion of an employee's wages unless:
49         1.  (a)   The employer is required or empowered  to
50        do so by state or federal law ,  ;  or
51          2.  (b)   The employer has a written authorization


                                      6

 1         by   from  the employee for deductions for a lawful
 2        purpose.
 3         (2)   An employer shall furnish each employee with a statement
 4    of deductions made from  his   the employee's  wages for
 5    each pay period such deductions are made. The willful failure of any  employer
 6    to  comply  with  the  provisions of this subsection shall constitute a misde-
 7    meanor.

 8        SECTION 11.  That Section 45-610, Idaho Code, be, and the same  is  hereby
 9    amended to read as follows:

10        45-610.  RECORDS  TO  BE  KEPT BY EMPLOYER -- NOTICE TO EMPLOYEES.  (
11    1 .  )  Employment records must be maintained  for
12    a minimum period of  two (2)   three (3)  years from the
13     last  date of  the employee's  service.
14          (  2  .  )   Every employer shall 
15    notify his   give notice to its  employees  at  the  time  of
16    hiring of the rate of pay and the usual day of payment, and shall provide such
17    information in writing to the employee upon the employee's request.
18          (  3  .  )   Every employer shall 
19    notify his   give notice to its  employees of  any  reduction
20    in  wages  ,      prior to the work being performed  and
21    shall provide such information in writing to the employee upon the  employee's
22    request.

23        SECTION  12.  That  Section 45-611, Idaho Code, be, and the same is hereby
24    amended to read as follows:

25        45-611.  WAGES THAT ARE IN DISPUTE.  ( 1 .    )
26      In  case  of  a dispute as to the amount of wages due an employee, the
27    employer shall pay, without condition and within the time set by this chapter,
28    all wages, or parts thereof, conceded by the employer to be due,  leaving   to
29    the  employee  all  remedies    he   the employee  might
30    otherwise be entitled to, including those provided under this chapter,  as  to
31    any balance claimed. Whenever an employer  shall  pay s 
32    all  wages not in dispute within the time limits set forth in  section 45-606,
33    Idaho Code,  then  no penalties may be assessed under this chapter,
34    unless it can be shown that the remaining balance of  wages due were  withheld
35    willfully, arbitrarily and without just cause.
36         ( 2 .  )   The acceptance by an employee
37    of  a  check  with  any  restrictive endorsement as payment under this section
38    shall not constitute a release or accord and satisfaction with respect to  the
39    disputed amount.

40        SECTION  13.  That  Section 45-612, Idaho Code, be, and the same is hereby
41    amended to read as follows:

42        45-612.  FILING FALSE CLAIM -- PENALTY. (1)  Any  person  making  a  false
43    claim  for wages or other compensation under this chapter, knowing the same to
44    be false, shall be guilty of a misdemeanor and shall be punishable by confine-
45    ment in the county jail for a period not to exceed six (6)  months,  or  by  a
46    fine, not to exceed one thousand dollars ($1,000), or both.
47        (2)  Any employee initiating a civil proceeding to collect unpaid wages or
48    other  compensation,    either on his own behalf or through the director,
49     which is based in whole or in part on a false claim which the  employee


                                      7

 1    knew  to  be  false  at the time the employee brought the action , 
 2     or filed a  claim  with  the   director,    shall  be  liable  for
 3    attorney's  fees  and  costs incurred by the employer in defending against the
 4    false claim , as well as any attorney's fees and costs, or other adminis-
 5    trative costs incurred by the director in any investigation of  or  proceeding
 6    to  collect  the  wages  or other compensation falsely claimed by the employee
 7    . Proof of a criminal conviction under subsection (1)  of  this  section
 8    shall  not be required for recovery of the fees and costs provided for in this
 9    subsection.

10        SECTION 14.  That Section 45-613, Idaho Code, be, and the same  is  hereby
11    amended to read as follows:

12        45-613.  DISCHARGING  OR  RETALIATING  AGAINST  EMPLOYEES ASSERTING RIGHTS
13    UNDER THIS CHAPTER. No employer shall discharge or in any other manner retali-
14    ate against any employee because that employee has made a complaint  to  
15    his     the   employer ,  or to the  director
16    or his authorized representative,      department,  or  filed  suit
17    alleging    that  he   the employee  has not  been
18    paid in accordance with  the  provisions  of  this  chapter,  or  because  the
19    employee has testified or may be about to testify in an investigation  or
20    hearing    undertaken  by  the  department .   of labor.
21     The provisions of this section shall  not  be  construed  to  otherwise
22    restrict the discipline or termination of an employee.

23        SECTION  15.  That  Section 45-614, Idaho Code, be, and the same is hereby
24    amended to read as follows:

25        45-614.  COLLECTION OF WAGES -- LIMITATIONS. Any  person  shall  have  the
26    right  to  collect    salary,   wages,  overtime compensation,
27     penalties and liquidated damages provided by any law or pursuant  to  a
28    contract  of  employment,  but  any action thereon shall be  filed either
29    with the department or  commenced in a court of  competent  jurisdiction
30    within  two  (2)  years  after  the  cause  of  action  shall have 
31    accrued, provided, however, that in the event salary or wages have  been  paid
32    to any employee and such employee claims additional salary, wages,  over-
33    time  compensation,    penalties  or liquidated damages, because of work
34    done or services performed during his employment for the pay period covered by
35    said payment, any action therefor shall be commenced  within  six  (6)  months
36    from  the  accrual  of the cause of action. It is further provided that if any
37    such cause of action has accrued prior to the effective date of this act,  and
38    is  not barred by existing law, action thereon may be commenced within six (6)
39    months from the effective date of this act. In the event an action is not com-
40    menced as herein provided, any remedy on the cause of action shall be  forever
41    barred.    The  limitation periods provided herein shall be tolled during
42    the time a claim is pending before the director pursuant  to  section  45-616,
43    Idaho Code, for a period not to exceed six (6) months. 

44        SECTION  16.  That  Section 45-615, Idaho Code, be, and the same is hereby
45    repealed.

46        SECTION 17.  That Chapter 6, Title 45, Idaho Code, be,  and  the  same  is
47    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
48    known and designated as Section 45-615, Idaho Code, and to read as follows:


                                      8

 1        45-615. COLLECTION OF WAGE CLAIMS BY SUIT -- ATTORNEY'S  FEES  AND  COSTS.
 2    (1)  As  an alternative to filing a wage claim with the department, any person
 3    may assert a wage claim arising under this chapter in any court  of  competent
 4    jurisdiction or pursue any other remedy provided by law.
 5        (2)  Any  judgment  rendered  by a court of competent jurisdiction for the
 6    plaintiff in a suit filed pursuant to this section may include all  costs  and
 7    attorney's fees reasonably incurred in connection with the proceedings and the
 8    plaintiff  shall  be  entitled to recover from the defendant either the unpaid
 9    wages plus the penalties provided for in section 45-607, Idaho Code;  or  dam-
10    ages  in  the  amount of three (3) times the unpaid wages found due and owing,
11    whichever is greater.

12        SECTION 18.  That Section 45-616, Idaho Code, be, and the same  is  hereby
13    amended to read as follows:

14        45-616.  ENFORCEMENT.    (  1  .   )  The
15    director shall enforce and administer the provisions of  this  chapter  .
16        and  t   T he director  or his authorized
17    representatives are   is   empowered  to  hold  hearings  and
18    otherwise  to  investigate violations or alleged violations of this
19    chapter  and any rules  and regulations in force   promulgated
20     pursuant thereto, and  further,  to issue orders for  admin-
21    istrative remedies as authorized.
22          (  2  .   )   The director  or his
23    authorized representatives are   is  empowered to  enter  and
24    inspect    such   places, question  such  employees, and
25    investigate  such  facts, conditions,  or  matters  as    they
26      the director  may deem appropriate to determine whether any
27    person has violated any provision of this chapter or any rule  or regula-
28    tion issued   promulgated  thereunder or which may aid in the
29    enforcement of the provisions of this chapter.
30          (  3  .   )   The director  or his
31    authorized representative  shall have the power to administer oaths  and
32    examine  witnesses  under oath or otherwise,  and  issue  com-
33    pulsory process   subpoenas   to  compel  the  attendance  of
34    witnesses  ,   and the production of  papers, books, accounts,
35    records, payrolls, documents, and testimony, and to take depositions and affi-
36    davits   any evidence deemed necessary  in the administration
37    of this chapter.
38         ( 4 .  )    In case of  failure  of
39       If  any person  fails  to comply with any 
40    compulsory process   subpoena  lawfully issued, it  shall  be
41    the duty of the district court, on application by the director, to compel com-
42    pliance by citation for contempt.
43          ( 5 .  )   An employer shall furnish to
44    the department the information  it   the department   is
45    authorized  to  acquire  under  this  section when the request is submitted in
46    writing.
47         (6)  The department shall attempt for a period of not less than  two
48    (2)  years  from  the  date  of collection, to make payment of wages collected
49    under this chapter to the person entitled thereto. Wage  claims  collected  by
50    the  department  that remain unclaimed for a period of more than two (2) years
51    from the date collected shall on June 30th  of  each  year  be  forfeited  and
52    retained  in  the department's account and used for the administration of this
53    chapter. 


                                      9

 1        SECTION 19.  That Section 45-617, Idaho Code, be, and the same  is  hereby
 2    repealed.

 3        SECTION  20.  That  Chapter  6,  Title 45, Idaho Code, be, and the same is
 4    hereby amended by the addition thereto of a  NEW SECTION  ,  to  be
 5    known and designated as Section 45-617, Idaho Code, and to read as follows:

 6        45-617.  ADMINISTRATIVE PROCEEDINGS FOR WAGE CLAIMS. (1) Wage claims filed
 7    with  the  department,  excluding potential penalties, are limited by the same
 8    dollar amount that limits actions before the small claims  department  of  the
 9    magistrate's division of the district court.
10        (2)  The  contested case provisions of the Idaho administrative procedures
11    act, chapter 52, title 67, Idaho Code, are inapplicable to proceedings involv-
12    ing wage claims under this chapter.
13        (3)  Once a wage claim has been properly filed with  the  department,  the
14    provisions  of  this  section shall provide the exclusive remedy for resolving
15    the wage claim.  If at any time after the filing of the wage claim the depart-
16    ment determines that it lacks jurisdiction over the wage claim, the department
17    shall provide written notification of its determination to  the  claimant  and
18    the  employer.   The  claimant  may then assert the wage claim in any court of
19    competent jurisdiction. In the event the department determines that  it  lacks
20    jurisdiction  over the wage claim, the limitation periods provided for in sec-
21    tion 45-614, Idaho Code, shall be tolled from the  date  the  wage  claim  was
22    filed  with  the  department  until  the date notice that the department lacks
23    jurisdiction is mailed to the claimant, as provided in subsection (5) of  this
24    section.
25        (4)  A  department compliance officer shall examine wage claims filed with
26    the department and, on the basis of the facts found, shall  determine  whether
27    the  wage claimant is entitled to an award for unpaid wages and penalties.  If
28    the compliance officer is unable to determine whether wages and penalties  are
29    owed,  the claim may be referred to a hearing officer for a determination. The
30    department may adjust the amount of penalties awarded for an employer's  fail-
31    ure  to  comply  with  the  requirements  of  section 45-606, Idaho Code.  The
32    department may award no penalty, or may award a penalty in any  amount  up  to
33    the maximum amount allowed under section 45-607, Idaho Code.  No penalty shall
34    be awarded by the department unless a specific finding is made that wages were
35    withheld  willfully,  arbitrarily  and  without  just  cause. The department's
36    determination shall include findings of fact and conclusions  of  law.  Before
37    the determination becomes final or an appeal is filed, the compliance or hear-
38    ing  officer  that  issued the determination may, on their own motion, issue a
39    revised determination. The determination or revised determination shall become
40    a final determination unless, within fourteen (14) days after notice, as  pro-
41    vided in subsection (5) of this section, an appeal is filed by the claimant or
42    the employer with the department. If an appeal is not timely filed, the amount
43    awarded  by  a final determination shall become immediately due and payable to
44    the department. A final determination may be enforced  by  the  department  in
45    accordance with section 45-618, Idaho Code.
46        (5)  The  claimant and the employer shall be entitled to prompt service of
47    notice of determinations and decisions. A notice shall  be  deemed  served  if
48    delivered  to  the person being served or if mailed to his last known address.
49    Service by mail shall be deemed complete on the date  of  mailing.   The  date
50    indicated  on  department determinations or decisions as the "date of mailing"
51    shall be presumed to be the date the document  was  deposited  in  the  United
52    States mail, unless otherwise shown by a preponderance of competent evidence.
53        (6)  An appeal from a wage claim determination shall be in writing, signed


                                      10

 1    by  the  appellant  or  the appellant's representative and shall contain words
 2    that, by fair interpretation, request the appeal process for a specific deter-
 3    mination of the department. The appeal may be filed by personal  delivery,  by
 4    mail,  or by fax to the wage and hour section of the department at the address
 5    indicated on the wage claim determination.   The  date  of  personal  delivery
 6    shall  be  noted  on  the  appeal  and shall be deemed the date of filing.  If
 7    mailed, the appeal shall be deemed to be filed  on  the  date  of  mailing  as
 8    determined  by  the postmark.  A faxed appeal that is received by the wage and
 9    hour section by 5:00 p.m. on a business day shall  be  deemed  filed  on  that
10    date.  A faxed appeal that is received by the wage and hour section on a week-
11    end, holiday or after 5:00 p.m. on a business day shall be deemed filed on the
12    next business day.
13        (7)  To hear and decide appeals from determinations,  the  director  shall
14    appoint  appeals  examiners  who  have  been specifically trained to hear wage
15    claims. Unless the appeal is withdrawn, the  appeals  examiner  shall  affirm,
16    modify,  set  aside or reverse the determination involved, after affording the
17    claimant and the employer reasonable opportunity for a fair  hearing,  or  may
18    refer  a  matter back to the compliance or hearing officer for further action.
19    The appeals examiner shall notify the claimant and the employer of  his  deci-
20    sion  by  serving  notice  in the same manner as provided in subsection (5) of
21    this section. The decision shall set forth findings of fact and conclusions of
22    law. The appeals examiner may, either upon application for  rehearing  by  the
23    claimant,  the  employer,  or  on  his own motion, rehear, affirm, modify, set
24    aside or reverse any prior decision on the basis of  the  evidence  previously
25    submitted or on the basis of additional evidence; provided, that such applica-
26    tion  or  motion be made within ten (10) days after the date of service of the
27    decision. A complete record shall be kept of  all  proceedings  in  connection
28    with  an  appealed wage claim. All testimony at any hearing shall be recorded.
29    Witnesses subpoenaed by the appeals examiner shall be allowed fees at  a  rate
30    prescribed  by the director. If the claimant or the employer formally requests
31    the appeals examiner to issue a subpoena  for  a  witness  whose  evidence  is
32    deemed  necessary,  the  appeals  examiner  shall promptly issue the subpoena,
33    unless such request is determined to be unreasonable. Unless the  claimant  or
34    the  employer,  within fourteen (14) days after service of the decision of the
35    appeals examiner, seeks judicial review  pursuant  to  section  45-619,  Idaho
36    Code, or unless an application or motion is made for a rehearing of such deci-
37    sion,  the  decision of the appeals examiner shall become final and the amount
38    awarded by the decision shall  become  immediately  due  and  payable  to  the
39    department. A decision that has become final may be enforced by the department
40    according to section 45-618, Idaho Code.
41        (8)  No  person  acting on behalf of the director shall participate in any
42    case in which he has a direct or indirect personal interest.
43        (9)  (a)  Any right, fact, or matter in issue, directly based upon or nec-
44        essarily involved in a determination or decision of the  appeals  examiner
45        which  has  become final, shall be conclusive for all the purposes of this
46        chapter as between the claimant and the employer who had  notice  of  such
47        determination or decision. Subject to judicial review as set forth in this
48        chapter,  any  determination  or decision shall be conclusive for all pur-
49        poses of this chapter and shall not be subject to collateral attack  irre-
50        spective of notice.
51        (b)  No  finding of fact or conclusion of law contained in a determination
52        or decision rendered pursuant to this chapter by an  appeals  examiner,  a
53        court,  or  any  other person authorized to make such determinations shall
54        have preclusive effect in any other action or proceeding, except  proceed-
55        ings that are brought:


                                      11

 1             (i)   Pursuant to this chapter;
 2             (ii)  To collect wage claims; or
 3             (iii) To  challenge the constitutionality of provisions of this chap-
 4             ter or administrative proceedings under this chapter.

 5        SECTION 21.  That Chapter 6, Title 45, Idaho Code, be,  and  the  same  is
 6    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
 7    known and designated as Section 45-618, Idaho Code, and to read as follows:

 8        45-618.  ADMINISTRATIVE ENFORCEMENT AND COLLECTION OF WAGE CLAIMS.  (1)  A
 9    department  determination,  if not appealed to an appeals examiner; or a deci-
10    sion of the appeals examiner, if judicial review is not  sought;  or  a  court
11    order  following  judicial review, may be enforced by the department according
12    to section 45-620, Idaho Code.
13        (2)  If at any time the department determines,  in  its  sole  discretion,
14    that  a  wage  claim  upon  which a lien was filed pursuant to section 45-620,
15    Idaho Code, is no longer collectable, the department shall:
16        (a)  Transfer the state lien from the central lien filing  system  of  the
17        secretary  of  state  to  the district court in the county of the debtor's
18        last known address. A lien transferred pursuant to this  subsection  shall
19        be  entered in the judgment docket of the district court and recorded as a
20        transferred lien with the effective date of the lien being the date it was
21        initially filed with the secretary of state.
22        (b)  Notify the claimant in writing, at the claimant's last known address,
23        that the lien has been transferred and advise the claimant that no further
24        action will be maintained by the department on the wage  claim,  and  that
25        from  the  date of the transfer, it shall be the claimant's sole responsi-
26        bility to maintain and enforce the lien.
27        (3)  A lien transferred pursuant to this section shall be  enforceable  by
28    the  claimant  in  the same manner and with the same effect as if the lien had
29    been a judgment of the district court.

30        SECTION 22.  That Chapter 6, Title 45, Idaho Code, be,  and  the  same  is
31    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
32    known and designated as Section 45-619, Idaho Code, and to read as follows:

33        45-619.  JUDICIAL REVIEW.  (1) A claimant or employer aggrieved by a final
34    decision of the appeals examiner may obtain judicial review  of  the  decision
35    pursuant to the provisions of chapter 52, title 67, Idaho Code, and the provi-
36    sions of this section.
37        (2)  If  the  employer  files a petition for judicial review in a court of
38    competent  jurisdiction  contesting  the  appeals  examiner's  decision,   the
39    employer,  not  later  than  the  twenty-eighth day after the date the appeals
40    examiner's decision became final, shall either:
41        (a)  Deposit the full amount awarded to the claimant with the  department,
42        to  be placed by the department in an interest-bearing escrow account of a
43        fully insured financial institution; or
44        (b)  Post a bond, written by a fidelity, surety, guaranty, title or  trust
45        company  authorized to do business in the state of Idaho. The bond must be
46        in the full amount of the appeals examiner's decision and shall state that
47        the company issuing or executing the bond agrees to pay to the  department
48        on  behalf  of  the  employer  all  sums  found to be due and owing by the
49        employer by reason of the outcome of the appeal, within thirty  (30)  days
50        of  the filing of the court's decision. A copy of the bond shall be served
51        upon the department and the claimant; or


                                      12

 1        (c)  File an affidavit of inability to either post a bond or send  to  the
 2        department the amount awarded to the claimant.
 3        (3)  The  employer's  failure  to  timely  post  a bond or send the amount
 4    required by subsection (2) of this section shall constitute a  waiver  of  the
 5    right to judicial review.
 6        (4)  If,  after  judicial review, it is determined that some or all of the
 7    wages are not owed or the penalty is reduced or is not assessed,  the  depart-
 8    ment  shall  remit  the  appropriate amount to the employer, plus the interest
 9    accrued on the escrowed amount, or collect  from  the  bond  only  the  amount
10    awarded by the court on appeal, up to the maximum amount of the bond.

11        SECTION  23.  That  Chapter  6,  Title 45, Idaho Code, be, and the same is
12    hereby amended by the addition thereto of a  NEW SECTION  ,  to  be
13    known and designated as Section 45-620, Idaho Code, and to read as follows:

14        45-620.  LIENS.  (1) Upon the failure of any person to pay any amount when
15    due pursuant to section 45-617, Idaho Code, the department may file  with  the
16    office  of  the secretary of state, as provided in chapter 19, title 45, Idaho
17    Code, a notice of lien.
18        (2)  Upon delivery to the secretary of state, the notice of lien shall  be
19    filed and maintained in accordance with chapter 19, title 45, Idaho Code. When
20    such  notice  is  duly filed, all amounts due shall constitute a lien upon the
21    entire interest, legal or equitable, in any property of such person,  real  or
22    personal,  tangible  or intangible, not exempt from execution, situated in the
23    state. Such lien may be enforced by the director or by any sheriff of the var-
24    ious counties in the same manner as a judgment  of  the  district  court  duly
25    docketed and the amount secured by the lien shall bear interest at the rate of
26    the state statutory legal limit on judgments. The foregoing remedy shall be in
27    addition to all other remedies provided by law.
28        (3)  In  any  suit or action involving the title to real or personal prop-
29    erty against which the state has a perfected lien, the state shall be  made  a
30    party to such suit or action.

31        SECTION  24.  That  Chapter  6,  Title 45, Idaho Code, be, and the same is
32    hereby amended by the addition thereto of a  NEW SECTION  ,  to  be
33    known and designated as Section 45-621, Idaho Code, and to read as follows:

34        45-621.  COLLECTION OF LIEN AMOUNTS. (1) In addition to all other remedies
35    or  actions  provided  by this chapter, it shall be lawful for the director or
36    his agent to collect any amounts secured by liens  created  pursuant  to  this
37    chapter  by  seizure  and  sale  of the property of any person liable for such
38    amounts who fails to pay the same within thirty (30) days from the mailing  of
39    notice and demand for payment thereof.
40        (2)  Property  exempt  from  seizure  shall  be  the same property that is
41    exempt from execution as otherwise allowed by law.
42        (3)  In exercising his authority under subsection (1) of this section, the
43    director may levy, or by his warrant, authorize any of his representatives,  a
44    sheriff  or deputy to levy upon, seize and sell any nonexempt property belong-
45    ing to any person liable for the amounts secured by the lien.
46        (4)  When a warrant is issued by the department for the collection of  any
47    amount due pursuant to a lien authorized by this chapter, it shall be directed
48    to  any authorized representative of the department, or to any sheriff or dep-
49    uty, and any such warrant shall have the same force and effect as  a  writ  of
50    execution.  It  may  be levied and sale made pursuant to it in the same manner
51    and with the same force and effect as a levy and sale pursuant to  a  writ  of


                                      13

 1    execution.  Upon  the completion of his services pursuant to said warrant, the
 2    sheriff or deputy shall receive the same fees and expenses as are provided  by
 3    law  for  services  related to a writ of execution. All such fees and expenses
 4    shall be an obligation of the person liable for the amounts due and  shall  be
 5    collected from such person by virtue of the warrant. Any warrant issued by the
 6    director  shall contain, at a minimum, the name and address of the liable per-
 7    son; the nature of the underlying liability; the date the liability was incur-
 8    red; the amount of the liability secured by the lien; the amount of  any  pen-
 9    alty,  interest  or  other amount due under the lien; and the interest rate on
10    the lien.
11        (5)  Whenever any property that is seized and sold by virtue of the  fore-
12    going provisions is not sufficient to satisfy the claim of the state for which
13    seizure  is  made,  any  other property subject to seizure shall be seized and
14    sold until the amount due from such person, together  with  all  expenses,  is
15    fully paid.
16        (6)  All  persons  are  required,  on  demand  of  a representative of the
17    department, a sheriff or deputy acting pursuant to this  chapter,  to  produce
18    all documentary evidence  and statements relating to the property or rights in
19    the property subject to seizure.
20        (7)  Upon  the  filing  of  a state lien pursuant to section 45-620, Idaho
21    Code, the department may collect on the lien in the same  manner  and  to  the
22    same extent as the department collects tax liabilities and overpayment of ben-
23    efits as provided by section 63-3077A, Idaho Code.

24        SECTION  25.  That Section 45-1901, Idaho Code, be, and the same is hereby
25    amended to read as follows:

26        45-1901.  PURPOSE AND SCOPE. (1) The purpose of this chapter is to provide
27    a system for filing notices of liens in favor of or enforced by the  state  of
28    Idaho with the office of the secretary of state.
29        (2)  The  scope  of  this chapter is limited to liens in the real and per-
30    sonal property of:
31        (a)  Taxpayers or other persons against whom the state tax commission  has
32        liens pursuant to title 63, Idaho Code, for unpaid personal or corporation
33        income  tax, sales tax, employee withholding taxes, fuel tax, or any other
34        amounts due under statutes administered by the commission, plus  interest,
35        penalties and additional amounts;
36        (b)  Persons  against  whom  the department of labor has liens pursuant to
37        chapter 13, title 72, Idaho Code, for unpaid employment security contribu-
38        tions, plus interest and penalties;
39        (c)  Persons liable for overpayment of benefits against whom  the  depart-
40        ment  of labor has liens pursuant to chapter 13, title 72, Idaho Code, for
41        overpayment of benefits, plus interest;
42        (d)   Persons against whom the department of labor has liens for wage
43        claims pursuant to chapter 6, title 45, Idaho Code;
44        (e)   Individuals who are subject to liens for child support  delin-
45        quency pursuant to chapter 12, title 7, Idaho Code; and
46        (  e  f )  Individuals who are subject to liens pur-
47        suant to chapter 2, title 56, Idaho Code, for medical assistance,  or  the
48        estates of such individuals.

49        SECTION  26.  That Section 45-1902, Idaho Code, be, and the same is hereby
50    amended to read as follows:

51        45-1902.  DEFINITIONS. (1) "Debtor"  means  a  taxpayer  or  other  person


                                      14

 1    against  whom  there is a final unpaid tax assessment collectible by the state
 2    tax commission, a person against whom the department of labor has a  lien  for
 3     a wage claim,  unpaid contributions or overpayment of benefits, an
 4    individual who is subject to a lien for child support delinquency, or an indi-
 5    vidual who is subject to a lien for medical assistance.
 6        (2)  "Delivered"  means  transmission  to  and receipt by the secretary of
 7    state of a notice of lien or other notice in any medium to  which  the  filing
 8    agency and the secretary of state have agreed.
 9        (3)  "Filing  agency"  means  the  state tax commission, the department of
10    labor or the department of health and welfare.
11        (4)  "Person" means an individual, organization or legal entity.

12        SECTION 27.  That Section 45-1903, Idaho Code, be, and the same is  hereby
13    amended to read as follows:

14        45-1903.  CREATION OF LIEN -- ATTACHMENT. Creation and attachment of liens
15    for  which notices are filed pursuant to this chapter are governed by the pro-
16    visions of  chapter 6 of title 45,  title 63, chapter 13  of  title
17    72, chapter 12 of title 7, and chapter 2 of title 56, Idaho Code.

18        SECTION  28.  That Section 45-1904, Idaho Code, be, and the same is hereby
19    amended to read as follows:

20        45-1904.  NOTICE OF LIEN -- CONTENT -- DELIVERY. (1) The  notice  of  lien
21    shall include:
22        (a)  The name and last known address of the debtor;
23        (b)  The name and address of the filing agency;
24        (c)  The  basis  for  the lien, including, but not limited to, income tax,
25        sales tax, employment security contributions, payments in lieu of  contri-
26        butions,  overpayment  of benefits,  wage claims,  a child sup-
27        port delinquency or medical assistance;
28        (d)  Such other information as may be required by the relevant  provisions
29        under  which the lien was created and attached, or as may be agreed by the
30        filing agency and the secretary of state.
31        (2)  The notice of lien will be delivered to and receipt will be  acknowl-
32    edged  by  the  secretary  of state in a medium and format to which the filing
33    agency and the secretary of state have agreed.
34        (3)  Each notice of lien shall be authenticated by the filing agency in  a
35    manner to which the filing agency and the secretary of state have agreed.
36        (4)  A  notice  of  lien  is filed when it complies with subsection (1) of
37    this section and has been delivered to and receipt acknowledged by the  secre-
38    tary of state.

39        SECTION  29.  That Section 45-1905, Idaho Code, be, and the same is hereby
40    amended to read as follows:

41        45-1905.  EFFECT OF NOTICE -- PRIORITY. (1)  When  a  notice  of  lien  is
42    filed,  the  state lien is perfected in all of the existing and after-acquired
43    property of the debtor, both real and personal, tangible  and  intangible,  to
44    which the lien attaches pursuant to the relevant provisions of  chapter 6
45    of  title  45,  title 63, chapter 13 of title 72, chapter 12 of title 7,
46    or chapter 2 of title 56, Idaho Code.
47        (2)  As to personal property, the perfected lien shall have the same  pri-
48    ority  as  a  security interest which becomes perfected under chapter 9, title
49    28, Idaho Code, at the same time the notice of lien is filed.


                                      15

 1        (3)  As to real property, the perfected lien shall have the same  priority
 2    as a mortgage which is recorded at the same time the notice of lien is filed.
 3        (4)  Nothing  herein  limits  the authority of the state tax commission to
 4    subordinate its lien to  another  lien  in  the  manner  provided  by  section
 5    63-3055, Idaho Code.

Amendment


AS1034


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                       Moved by     Davis                

                                       Seconded by                       


                                      IN THE SENATE
                            SENATE AMENDMENTS TO S.B. NO. 1034

 1                                AMENDMENT TO SECTION 1
 2        On page 2 of the printed bill, in lines  18  through  20,   delete  "
 3    labor.  Any  action  for  such wages must be commenced in a court of competent
 4    jurisdiction within two (2) years after the cause of action shall have accrued
 5    ."  and insert: " labor .  Any action for such wages must  be
 6    commenced  in a court of competent jurisdiction within two (2) years after the
 7    cause of action shall have accrued.".

 8                               AMENDMENTS TO SECTION 22
 9        On page 11, in line 13, delete "." and insert: "; or"; following  line  13
10    insert:
11        "(c)  File  an affidavit of inability to either post a bond or send to the
12        department the amount awarded to the claimant.";
13    and in line 14, following "(3)", delete the remainder of the line, delete line
14    15 and insert: "The".

15                               AMENDMENT TO SECTION 24
16        On page 12, in line 3 following "execution", delete the remainder  of  the
17    line and insert: "as otherwise allowed by law.".

Statement of Purpose / Fiscal Impact


STATEMENT OF PURPOSE

RS 08576

This bill is a major rewrite of Idaho's Wage Claim Law. Its main purpose is to improve
the Department of Labor's administrative process for handling wage claims, to make
the Department's wage claim decisions enforceable, and to reallocate limited resources
to collect unpaid wages by filing a state lien as soon as an administrative decision
becomes final, rather than re-litigatmg that decision in district court.

Additional changes were made to make the law easier to understand and adrninister,
including:

1) Adding definitions for "claimant", "department" and "wage claim."

  2) Amending the payment upon separation requirements to cover employees that are
  paid on a piece rate or commission basis.
 
  3) Amending the wage payment provisions to allow for the direct deposit of wages in
  out-of-state financial institutions and allow a fifteen-day period between the end of
  the pay period and the regular payday.
 
4) Reducing the penalty provisions for failure to pay wages.

  5) Clarifying that employees could file wage claims with either the Department or the
  District Court.
 
                             FISCAL NOTE

This bill will be revenue neutral. Additional expenses the Department will incur by
having the Department's Appeals Bureau hear wage claim appeals, and the expense of
promulgating rules, are estimated to be less than the cost savings that will occur from
eliminating the necessity of re-litigating wage claim cases in district court.

Contact
Name: Dwight Johnson
Agency: Department of Labor
 Phone: 334-6402

                                                                                                                          S 1034

Statement of Pu~pose/Fiscal Note - I