Bill Text: IN SB0605 | 2013 | Regular Session | Introduced
Bill Title: Wage assignments.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-01-17 - First reading: referred to Committee on Pensions and Labor [SB0605 Detail]
Download: Indiana-2013-SB0605-Introduced.html
Introduced Version
SENATE BILL No. 605
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-15; IC 9-16-6-2; IC 20-29-5-6; IC 22-2-6-2.
Synopsis: Wage assignments. Provides that a state employee may not
make a wage assignment for the purpose of making a contribution or
payment to be used for political activities. Provides that a school
employee may not make a wage assignment for the purpose of paying
dues to a school employee organization. Removes provisions that allow
an employee to make a wage assignment to pay dues to a labor
organization to which the employee belongs or to make payments to an
association of employees of the employee's employer.
Effective: July 1, 2013.
Schneider
January 17, 2013, read first time and referred to Committee on Pensions and Labor.
Introduced
First Regular Session 118th General Assembly (2013)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
SENATE BILL No. 605
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and safety.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-15-2.2-44; (13)IN0605.1.1. -->
SECTION 1. IC 4-15-2.2-44, AS ADDED BY P.L.229-2011,
SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 44. (a) An officer or employee implementing or
administering this chapter may not consider the gender or the political,
religious, or racial characteristics of a classified employee.
(b) A classified employee may not be compelled to make political contributions or participate in any form of political activity.
(c) An employee may not make, and the state may not accept, a wage assignment under IC 22-2-6-2 for the purpose of making a contribution or payment to be used for political activities.
(b) A classified employee may not be compelled to make political contributions or participate in any form of political activity.
(c) An employee may not make, and the state may not accept, a wage assignment under IC 22-2-6-2 for the purpose of making a contribution or payment to be used for political activities.
SOURCE: IC 4-15-10-2; (13)IN0605.1.2. -->
SECTION 2. IC 4-15-10-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) Except when on
duty or acting in an official capacity and except where otherwise
provided by state or federal law, no employee shall be prohibited from
engaging in political activity or be denied the right to refrain from
engaging in such activity.
(b) Notwithstanding subsection (a), an employee may not make,
(b) Notwithstanding subsection (a), an employee may not make,
and the state may not accept, a wage assignment under IC 22-2-6-2
for the purpose of making a contribution or payment to be used for
political activities.
SOURCE: IC 9-16-6-2; (13)IN0605.1.3. -->
SECTION 3. IC 9-16-6-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 2. (a) Section 1 of this chapter may
not be interpreted to prohibit the voluntary contribution of an employee
to a political party or prohibit the participation of an employee in a
political activity unless the participation interferes with the employee's
performance or responsibility of the employee's job.
(b) Notwithstanding subsection (a), a person who is an employee of the state or an agency of the state may not make, and the state may not accept, a wage assignment under IC 22-2-6-2 for the purpose of making a contribution or payment to be used for political activities.
(b) Notwithstanding subsection (a), a person who is an employee of the state or an agency of the state may not make, and the state may not accept, a wage assignment under IC 22-2-6-2 for the purpose of making a contribution or payment to be used for political activities.
SOURCE: IC 20-29-5-6; (13)IN0605.1.4. -->
SECTION 4. IC 20-29-5-6, AS ADDED BY P.L.1-2005, SECTION
13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2013]: Sec. 6. (a) A school employee may not make, and the school
employer shall, on receipt of the written authorization of a school
employee:
(1) deduct from the pay of the employee any may not accept, a
wage assignment under IC 22-2-6-2 for the purpose of paying
dues designated or certified by the appropriate officer of to a
school employee organization. that is an exclusive representative
of any employees of the school employer; and
(2) remit the dues described in subdivision (1) to the school
employee organization.
(b) Deductions under this section must be consistent with:
(1) IC 22-2-6;
(2) IC 22-2-7; and
(3) IC 20-28-9-18.
SOURCE: IC 22-2-6-2; (13)IN0605.1.5. -->
SECTION 5. IC 22-2-6-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 2. (a) Any assignment of the wages
of an employee is valid only if all of the following conditions are
satisfied:
(1) The assignment is:
(A) in writing;
(B) signed by the employee personally;
(C) by its terms revocable at any time by the employee upon written notice to the employer; and
(D) agreed to in writing by the employer.
(2) An executed copy of the assignment is delivered to the employer within ten (10) days after its execution.
(3) The assignment is made for a purpose described in subsection (b).
(b) Except as provided in IC 4-15-2.2-44, IC 4-15-10-2, and IC 9-16-6-2, a wage assignment under this section may be made for the purpose of paying any of the following:
(1) Premium on a policy of insurance obtained for the employee by the employer.
(2) Pledge or contribution of the employee to a charitable or nonprofit organization.
(3) Purchase price of bonds or securities, issued or guaranteed by the United States.
(4) Purchase price of shares of stock, or fractional interests therein, of the employing company, or of a company owning the majority of the issued and outstanding stock of the employing company, whether purchased from such company, in the open market or otherwise. However, if such shares are to be purchased on installments pursuant to a written purchase agreement, the employee has the right under the purchase agreement at any time before completing purchase of such shares to cancel said agreement and to have repaid promptly the amount of all installment payments which theretofore have been made.
(5) Dues to become owing by the employee to a labor
organization of which the employee is a member.
(6) (5) Purchase price of merchandise sold by the employer to the
employee, at the written request of the employee.
(7) (6) Amount of a loan made to the employee by the employer
and evidenced by a written instrument executed by the employee
subject to the amount limits set forth in section 4(c) of this
chapter.
(8) (7) Contributions, assessments, or dues of the employee to a
hospital service or a surgical or medical expense plan or to an
employees' association, trust, or plan existing for the purpose of
paying pensions or other benefits to said employee or to others
designated by the employee.
(9) (8) Payment to any credit union or nonprofit organizations or
associations of employees of such employer organization
organized under any law of this state or of the United States.
(10) (9) Payment to any person or organization regulated under
the Uniform Consumer Credit Code (IC 24-4.5) for deposit or
credit to the employee's account by electronic transfer or as
otherwise designated by the employee.
(11) (10) Premiums on policies of insurance and annuities
(1) The assignment is:
(A) in writing;
(B) signed by the employee personally;
(C) by its terms revocable at any time by the employee upon written notice to the employer; and
(D) agreed to in writing by the employer.
(2) An executed copy of the assignment is delivered to the employer within ten (10) days after its execution.
(3) The assignment is made for a purpose described in subsection (b).
(b) Except as provided in IC 4-15-2.2-44, IC 4-15-10-2, and IC 9-16-6-2, a wage assignment under this section may be made for the purpose of paying any of the following:
(1) Premium on a policy of insurance obtained for the employee by the employer.
(2) Pledge or contribution of the employee to a charitable or nonprofit organization.
(3) Purchase price of bonds or securities, issued or guaranteed by the United States.
(4) Purchase price of shares of stock, or fractional interests therein, of the employing company, or of a company owning the majority of the issued and outstanding stock of the employing company, whether purchased from such company, in the open market or otherwise. However, if such shares are to be purchased on installments pursuant to a written purchase agreement, the employee has the right under the purchase agreement at any time before completing purchase of such shares to cancel said agreement and to have repaid promptly the amount of all installment payments which theretofore have been made.
purchased by the employee on the employee's life.
(12) (11) The purchase price of shares or fractional interest in
shares in one (1) or more mutual funds.
(13) (12) A judgment owed by the employee if the payment:
(A) is made in accordance with an agreement between the
employee and the creditor; and
(B) is not a garnishment under IC 34-25-3.
