HB 1423-2_ Filed 02/23/2009, 08:28 Thompson

Text Box

    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______





    I move that House Bill 1423 be amended to read as follows:

SOURCE: Page 1, line 1; (09)MO142302.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 3-9-2-12; (09)MO142302.1. -->     "SECTION 1. IC 3-9-2-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 12. (a) This section does not apply to:
        (1) a member of the general assembly; or
        (2) a candidate's committee of a member of the general assembly;
with respect to an office other than a legislative office to which the member seeks election.
    (b) As used in this section, "affected person" refers to any of the following:
        (1) An individual who holds a legislative office.
        (2) A candidate for a legislative office.
    (c) As used in this section, "prohibited period" means the period:
         (1) in each odd-numbered year:
(1) (A) beginning on the day in January in each odd-numbered year the general assembly reconvenes under IC 2-2.1-1-2; and
            (2) (B) through the day the general assembly adjourns sine die in an odd-numbered year under IC 2-2.1-1-2; or
        (2) in an even-numbered year, if the general assembly in the preceding odd-numbered year adopted a budget for a single state fiscal year:
            (A) beginning on the day in January the general assembly reconvenes under IC 2-2.1-1-3; and
            (B) through the day the general assembly adjourns sine die under IC 2-2.1-1-3.

    (d) During the prohibited period, an affected person, an affected person's candidate's committee, and a legislative caucus committee may not do any of the following:
        (1) Solicit campaign contributions.
        (2) Accept campaign contributions.
        (3) Conduct other fundraising activities. This subdivision does not prohibit an affected person from participating in party activities conducted by a regular party committee.".
SOURCE: Page 6, line 34; (09)MO142302.6. -->     Page 6, after line 34, begin a new paragraph and insert:
SOURCE: IC 22-2-6-2; (09)MO142302.8. -->     "SECTION 8. IC 22-2-6-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: 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) 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. However, employees of a school corporation (as defined in

IC 20-18-2-16(a)) may not direct a wage assignment from wages due from the school corporation employer for the purpose of paying dues to a labor organization of which the school employee is a member.
        (6) Purchase price of merchandise sold by the employer to the employee, at the written request of the employee.
        (7) 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) 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) 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) 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) Premiums on policies of insurance and annuities purchased by the employee on the employee's life.
        (12) The purchase price of shares or fractional interest in shares in one (1) or more mutual funds.
        (13) 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.".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1423 as printed February 20, 2009.)


Representative Thompson

MO142302/DI 96     2009