2000 Legislation
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SENATE BILL NO. 1465 – Garnishment, wages, limit

SENATE BILL NO. 1465

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Daily Data Tracking History



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

Bill Text


 S1465
                                                                        
                                                                        
  ||||              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 / Fiscal Impact


     
     
                 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