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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
|||| 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 centpercent (25%) of his disposable13 earningsall gross wages for that week, or (b) the amount by which his dispos-14 able earnings for that weekthat 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 commissioner18 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) ofthis 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 centpercent (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 per34 centpercent (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 centpercent (50%) specified in paragraph 1. 38 of this subsection shall be deemed to be fifty-five per centpercent (55%) 39 and the sixty per centpercent (60%) specified in paragraph 2. of this 40 subsection shall be deemed to be sixty-five per centpercent (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 earningsall gross wages 15 for that week ; or16 (b) The amount by which his disposable earnings for that weekthat 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