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S1465.......................................by COMMERCE AND HUMAN RESOURCES GARNISHMENT - WAGES - Amends existing law to provide that the maximum part of the aggregate disposable earnings of an individual for any work week which is subject to garnishment arising from a regulated consumer credit sale or regulated consumer loan may not exceed the lesser of twenty-five percent of the individual's disposable earnings for that week or the amount by which his disposable earnings for that week exceed thirty times the federal minimum hourly wage prescribed in the Fair Labor Standards Act. 02/18 Senate intro - 1st rdg - to printing 02/21 Rpt prt - to Com/HuRes 03/03 Rpt out - rec d/p - to 2nd rdg 03/06 2nd rdg - to 3rd rdg 03/09 3rd rdg - PASSED - 31-0-4 AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Ingram, Ipsen, Keough, Lee, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Thorne, Walton/Branch, Wheeler, Whitworth, Williams NAYS--None Absent and excused--Hawkins, King-Barrutia, McLaughlin, Stennett Floor Sponsor - Davis Title apvd - to House 03/10 House intro - 1st rdg - to Comm/Hu Res 03/14 Rpt out - to Business 03/28 Rpt out - rec d/p - to 2nd rdg 03/29 2nd rdg - to 3rd rdg 04/03 3rd rdg - PASSED - 63-1-6 AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Cuddy, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Loertscher(Loertscher), Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann NAYS -- Smith Absent and excused -- Clark, Crow, Deal, Linford, Mader, Mr Speaker Floor Sponsor - Callister Title apvd - to Senate 04/04 To enrol - rpt enrol - Pres signed 04/05 Sp signed 04/06 To Governor 04/12 Governor signed Session Law Chapter 267 Effective: 07/01/00
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE SENATE SENATE BILL NO. 1465 BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO LIMITATIONS ON GARNISHMENT; AMENDING SECTION 28-45-104, IDAHO 3 CODE, TO PROVIDE THAT THE MAXIMUM PART OF THE AGGREGATE DISPOSABLE EARN- 4 INGS OF AN INDIVIDUAL FOR ANY WORK WEEK WHICH IS SUBJECT TO GARNISHMENT 5 ARISING FROM A REGULATED CONSUMER CREDIT SALE OR REGULATED CONSUMER LOAN 6 MAY NOT EXCEED THE LESSER OF TWENTY-FIVE PERCENT OF THE INDIVIDUAL'S DIS- 7 POSABLE EARNINGS FOR THAT WEEK OR THE AMOUNT BY WHICH HIS DISPOSABLE EARN- 8 INGS FOR THAT WEEK EXCEED THIRTY TIMES THE FEDERAL MINIMUM HOURLY WAGE 9 PRESCRIBED IN THE FAIR LABOR STANDARDS ACT. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 28-45-104, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 28-45-104. LIMITATION ON GARNISHMENT. (1) For the purposes of this part: 14 (a) "Disposable earnings" means that part of the earnings of an individ- 15 ual remaining after the deduction from those earnings of amounts required 16 by law to be withheld; and 17 (b) "Garnishment" means any legal or equitable procedure through which 18 the earnings of an individual are required to be withheld for payment of a 19 debt. 20 (2) The maximum part of the aggregate disposable earnings of an individ- 21 ual for any work week which is subject to garnishment to enforce payment of a 22 judgment arising from a regulated consumer credit sale or regulated consumer 23 loan may not exceed the lesser of: 24 (a) Twenty-five percent (25%) of his disposable earnings for that week; 25 or 26 (b) The amount by which his disposable earnings for that week exceed 27 forty (40)thirty (30) times the federal minimum hourly wage prescribed by 28 section 6(a)(1) of the Fair Labor Standards Act of 1938, U.S.C. title 29, 29 section 206(a)(1), in effect at the time the earnings are payable. 30 (c) In the case of earnings for a pay period other than a week, the 31 director of the department of labor shall prescribe by rule a multiple of 32 the federal minimum hourly wage equivalent in effect to that set forth in 33 paragraph (b). 34 (3) No court may make, execute, or enforce an order or process in viola- 35 tion of this section.
STATEMENT OF PURPOSE RS 09890 This legislation would change the garnishment amount on disposable income from forty (40) to thirty (30) times the Federal Minimum Hourly Wage. Such would bring Idaho Code 28-45-104 in line with other statutory provisions. FISCAL NOTE No fiscal impact is anticipated. CONTACT: Senator Bart M. Davis District 29 (208) 522-8100 STATEMENT OF PURPOSE/FISCAL IMPACT S 1465