Bill Text: IN SB0542 | 2011 | Regular Session | Introduced


Bill Title: Wage assignments.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-01-20 - First reading: referred to Committee on Pensions and Labor [SB0542 Detail]

Download: Indiana-2011-SB0542-Introduced.html


Introduced Version






SENATE BILL No. 542

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 4-15; IC 9-16-6-2; IC 22-2-6-2; IC 20-29-5-6.

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. Removes a provision that allows an employee to make a wage assignment to pay dues to a labor organization to which the employee belongs. Repeals a provision that requires a school employer to deduct from a school employee's pay, and remit to a school employee organization, dues for the school employee organization.

Effective: July 1, 2011.





Schneider




    January 20, 2011, read first time and referred to Committee on Pensions and Labor.







Introduced

First Regular Session 117th General Assembly (2011)


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 this style type.
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SENATE BILL No. 542



    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 4-15-2-40; (11)IN0542.1.1. -->     SECTION 1. IC 4-15-2-40 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 40. (a) In applying the provisions of this chapter or in doing any of the things provided for in this chapter, no officer or employee shall give any weight whatsoever to political, religious, or racial considerations. No person holding a position in the state service nor any member of the board shall be forced to make political contributions, nor be required to participate in any form of political activity whatsoever other than to express freely his the person's views as a citizen and to cast his a vote in any election.
    (b) No person elected to state or federal public office may, during the term for which he the person was elected, be appointed to any position in the classified service.
    (c) Any employee in the classified service who becomes a candidate for local office shall, upon request, be granted a leave of absence; any employee in the classified service who is elected to a state or federal public office shall be considered to have resigned from the service. This subsection does not apply to precinct committeemen, state or

national party convention delegates, or candidates for these party positions.
     (d) 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 4-15-2.5-6; (11)IN0542.1.2. -->     SECTION 2. IC 4-15-2.5-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6. (Employee; Political Activity) (a) No employee that is retained or employed under the provisions of this chapter shall be forced to contribute to any political party or be forced to participate in any political activity. However,
     (b) This section shall not be interpreted to prohibit the voluntary contribution of any employee to any political party or prohibit the participation of any employee in any political activities unless such participation interferes with the employee's performance or responsibility of his the employee's job.
     (c) Notwithstanding subsection (b), 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; (11)IN0542.1.3. -->     SECTION 3. IC 4-15-10-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: 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, 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; (11)IN0542.1.4. -->     SECTION 4. IC 9-16-6-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: 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.
SOURCE: IC 22-2-6-2; (11)IN0542.1.5. -->     SECTION 5. IC 22-2-6-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: 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 4-15-2-40, IC 4-15-2.5-6, 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, nonprofit organizations, or associations of employees of such employer 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 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.

SOURCE: IC 20-29-5-6; (11)IN0542.1.6. -->     SECTION 6. IC 20-29-5-6 IS REPEALED [EFFECTIVE JULY 1, 2011].

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