2007 Legislation
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HOUSE BILL NO. 184 – Minimum wage, revised

HOUSE BILL NO. 184

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Bill Status



H0184aa....................................................by STATE AFFAIRS
MINIMUM WAGE - Amends existing law to revise minimum wage provisions.

02/13    House intro - 1st rdg - to printing
02/14    Rpt prt - to St Aff
02/15    Rpt out - to Gen Ord
02/20    Rpt out amen - to engros
02/21    Rpt engros - 1st rdg - to 2nd rdg as amen
02/22    2nd rdg - to 3rd rdg as amen
02/23    3rd rdg as amen - PASSED - 47-19-4
      AYES -- Anderson, Andrus, Barrett, Bedke, Bell, Bilbao, Black, Block,
      Bolz, Brackett, Bradford, Chadderdon, Clark, Crane, Edmunson,
      Eskridge, Hagedorn, Hart, Harwood, Henderson, Kren, Labrador, Lake,
      Luker, Marriott, Mathews, Mortimer, Moyle, Nielsen, Nonini, Patrick,
      Raybould, Ring, Roberts, Ruchti, Schaefer, Shepherd(2), Shepherd(8),
      Shirley, Snodgrass, Stevenson, Thayn, Vander Woude, Wills, Wood(27),
      Wood(35), Mr. Speaker
      NAYS -- Bock, Boe, Chavez, Chew, Durst, Henbest, Jaquet, Killen,
      King, LeFavour, McGeachin, Pasley-Stuart, Pence, Ringo, Rusche,
      Sayler, Shively, Smith(30), Trail
      Absent and excused -- Bayer, Collins, Loertscher, Smith(24)
    Floor Sponsors - Roberts & Andrus
    Title apvd - to Senate
02/26    Senate intro - 1st rdg - to St Aff
03/23    Rpt out - rec d/p - to 2nd rdg
03/26    Rls susp - PASSED - 25-10-0
      AYES -- Andreason, Bair, Bastian, Broadsword, Cameron, Coiner,
      Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond,
      Heinrich, Hill, Jorgenson, Keough, Little, Lodge, McGee, McKague,
      McKenzie, Pearce, Schroeder, Stegner
      NAYS -- Bilyeu, Burkett(Cronin), Corder,, Kelly, Langhorst, Malepeai,
      Richardson, Siddoway, Stennett, Werk(Douglas)
      Absent and excused -- None
    Floor Sponsor - Jorgenson
    Title apvd - to House
03/26    To enrol
03/27    Rpt enrol - Sp signed
03/28    Pres signed - To Governor
    Law without signature
         Session Law Chapter 357
         Effective: 04/11/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 184
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MINIMUM WAGE; AMENDING SECTION 44-1502, IDAHO CODE, TO REVISE MIN-
  3        IMUM WAGE PROVISIONS.
                                                                        
  4    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  5        SECTION 1.  That Section 44-1502, Idaho Code, be, and the same  is  hereby
  6    amended to read as follows:
                                                                        
  7        44-1502.  MINIMUM  WAGES. (1) Except as hereinafter otherwise provided, no
  8    employer shall pay to any of his employees any wages computed  at  a  rate  of
  9    less  than  four  dollars  and  seventy-five cents ($4.75) commencing April 1,
 10    1997, and five dollars and fifteen cents ($5.15) commencing September 1, 1997,
 11    per hour for employment. On and after July 1, 2007, the amount of the  minimum
 12    wage shall conform to, and track with, the federal minimum wage.
 13        (2)  In  determining  the  wage of a tipped employee, the amount paid such
 14    employee by an employer shall be deemed to be increased  on  account  of  tips
 15    actually  received  by  the  employee  but not by an amount in excess of thir-
 16    ty-three percent (33%) of the applicable  minimum  wage,  beginning  April  1,
 17    1997,  and  until  August 31, 1997, and thirty-five percent (35%) on and after
 18    September 1, 1997, as set forth in subsection (1) of this section  three  dol-
 19    lars  and  thirty-five cents ($3.35) an hour on and after July 1, 2007. In the
 20    event a dispute arises between the employee and the employer with  respect  to
 21    the  amount  of  tips  actually  received  by  the  employee,  it shall be the
 22    employer's burden to demonstrate the amount of tips actually received  by  the
 23    employee.  Any portion of tips paid to an employee, which is shared with other
 24    employees under a tip pooling or similar arrangement, shall not be deemed, for
 25    the purpose of this section, to be tips actually received by the employee.
 26        (3)  In lieu of the rate prescribed by subsection (1) of this section,  an
 27    employer  may  pay an employee who has not attained twenty (20) years of age a
 28    wage which is not less than four dollars and twenty-five cents ($4.25) an hour
 29    during the first ninety (90) consecutive calendar days after such employee  is
 30    initially  employed.  No  employer  may  take any action to displace employees
 31    (including partial displacements such as reduction in hours, wages or  employ-
 32    ment  benefits)  for  purposes of hiring individuals at the wage authorized in
 33    this subsection.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                                     Moved by    Roberts             
                                                                        
                                                     Seconded by Andrus              
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENTS TO H.B. NO. 184
                                                                        
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line 11, delete "On and  after  July  1,
  3    2007, the" and insert: "The"; delete lines 13 through 19 and insert:
  4        "(2)  In  determining  the wage of a tipped employee, the amount of direct
  5    wages paid such employee by an employer to the employee shall be deemed to  be
  6    increased  on account of tips actually received by the employee; but not by an
  7    amount in excess of thirty-three percent (33%) of the applicable minimum wage,
  8    beginning April 1, 1997, and until August 31, 1997,  and  thirty-five  percent
  9    (35%)  on  and after September 1, 1997, as set forth in subsection (1) of this
 10    section provided however, the  direct  wages  paid  to  the  employee  by  the
 11    employer  shall  not  be  in an amount less than three dollars and thirty-five
 12    cents ($3.35) an hour. If the tips actually received by the employee  combined
 13    with  the  direct wages paid by the employer do not at least equal the minimum
 14    wage, the employer must make up the difference. In the".
                                                                        
 15                                  AMENDMENT TO BILL
 16        On page 1, following line 33, insert:
 17         "SECTION 2.  An emergency existing therefor, which  emergency  is  hereby
 18    declared to exist, this act shall be in full force and effect on and after its
 19    passage and approval.".
                                                                        
 20                                 CORRECTION TO TITLE
 21        On  page  1, in line 3, following "PROVISIONS" insert: "; AND DECLARING AN
 22    EMERGENCY".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 184, As Amended
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MINIMUM WAGE; AMENDING SECTION 44-1502, IDAHO CODE, TO REVISE MIN-
  3        IMUM WAGE PROVISIONS; AND DECLARING AN EMERGENCY.
                                                                        
  4    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  5        SECTION 1.  That Section 44-1502, Idaho Code, be, and the same  is  hereby
  6    amended to read as follows:
                                                                        
  7        44-1502.  MINIMUM  WAGES. (1) Except as hereinafter otherwise provided, no
  8    employer shall pay to any of his employees any wages computed  at  a  rate  of
  9    less  than  four  dollars  and  seventy-five cents ($4.75) commencing April 1,
 10    1997, and five dollars and fifteen cents ($5.15) commencing September 1, 1997,
 11    per hour for employment. The amount of the minimum wage shall conform to,  and
 12    track with, the federal minimum wage.
 13        (2)  In  determining  the  wage of a tipped employee, the amount of direct
 14    wages paid such employee by an employer to the employee shall be deemed to  be
 15    increased  on account of tips actually received by the employee; but not by an
 16    amount in excess of thirty-three percent (33%) of the applicable minimum wage,
 17    beginning April 1, 1997, and until August 31, 1997,  and  thirty-five  percent
 18    (35%)  on  and after September 1, 1997, as set forth in subsection (1) of this
 19    section provided however, the  direct  wages  paid  to  the  employee  by  the
 20    employer  shall  not  be  in an amount less than three dollars and thirty-five
 21    cents ($3.35) an hour. If the tips actually received by the employee  combined
 22    with  the  direct wages paid by the employer do not at least equal the minimum
 23    wage, the employer must make up the difference. In the event a dispute  arises
 24    between the employee and the employer with respect to the amount of tips actu-
 25    ally  received  by  the  employee, it shall be the employer's burden to demon-
 26    strate the amount of tips actually received by the employee.  Any  portion  of
 27    tips  paid  to  an  employee, which is shared with other employees under a tip
 28    pooling or similar arrangement, shall not be deemed, for the purpose  of  this
 29    section, to be tips actually received by the employee.
 30        (3)  In  lieu of the rate prescribed by subsection (1) of this section, an
 31    employer may pay an employee who has not attained twenty (20) years of  age  a
 32    wage which is not less than four dollars and twenty-five cents ($4.25) an hour
 33    during  the first ninety (90) consecutive calendar days after such employee is
 34    initially employed. No employer may take  any  action  to  displace  employees
 35    (including  partial displacements such as reduction in hours, wages or employ-
 36    ment benefits) for purposes of hiring individuals at the  wage  authorized  in
 37    this subsection.
                                                                        
 38        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 39    declared to exist, this act shall be in full force and effect on and after its
 40    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 17003

This legislation links Idaho's minimum wage, Section 44-1502
Idaho Code, to the current federal minimum wage commencing July
1, 2007. 


                           FISCAL NOTE

There will be no fiscal impact to the general fund.


                         
Contact
Name: Speaker Lawerence Denney 
      Rep. Mike Moyle
      Rep. Scott Bedke
      Rep. Ken Roberts
      Rep. Eric Anderson
      Rep. Ken Andrus
Phone: 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                         H 184