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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
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
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