72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
SA to SB 332
 
LC 274/SB 332-3
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 332
 
                    By COMMITTEE ON JUDICIARY
 
                            April 23
 
  On page 1 of the printed bill, line 2, delete '25.414' and
insert '652.610'.
  In line 9, delete 'when' and insert 'after' and delete '
Notwithstanding ORS 652.610,'.
  In line 12, delete the colon.
  Delete lines 13 and 14.
  In line 15, delete '(b)'.
  On page 5, line 6, delete 'when' and insert 'after'.
  On page 8, delete lines 30 through 45 and delete page 9 and
insert:
  '  { +  SECTION 4. + } ORS 652.610 is amended to read:
  ' 652.610. (1) All persons, firms, partnerships, associations,
cooperative associations, corporations, municipal corporations,
the state and its political subdivisions, except the federal
government and its agencies, employing, in this state, during any
calendar month one or more persons, and withholding for any
purpose, any sum of money from the wages, salary or commission
earned by an employee, shall provide such employee on regular
paydays with a statement sufficiently itemized to show the amount
and purpose of such deductions made during the respective period
of service which said payment covers.
  ' (2) The itemized statement shall be furnished to the employee
at the time payment of wages, salary or commission is made, and
may be attached to or be a part of the check, draft, voucher or
other instrument by which payment is made, or may be delivered
separately from such instrument.
  ' (3) No employer may withhold, deduct or divert any portion of
an employee's wages unless:
  ' (a) The employer is required to do so by law;
  ' (b) The deductions are authorized in writing by the employee,
are for the employee's benefit, and are recorded in the
employer's books;
  ' (c) The employee has voluntarily signed an authorization for
a deduction for any other item, provided that the ultimate
recipient of the money withheld is not the employer, and that
such deduction is recorded in the employer's books;
  ' (d) The deduction is authorized by a collective bargaining
agreement to which the employer is a party;   { - or - }
  '  { +  (e) The deduction is authorized under section 2 of this
2003 Act; or + }
  '  { - (e) - }  { +  (f) + } The deduction is made from the
payment of wages upon termination of employment and is authorized
pursuant to a written agreement between the employee and employer
for the repayment of a loan made to the employee by the employer,
if all of the following conditions are met:
  ' (A) The employee has voluntarily signed the agreement;
  ' (B) The loan was paid to the employee in cash or other medium
permitted by ORS 652.110;
  ' (C) The loan was made solely for the employee's benefit and
was not used, either directly or indirectly, for any purpose
required by the employer or connected with the employee's
employment with the employer;
  ' (D) The amount of the deduction at termination of employment
does not exceed the amount permitted to be garnished under ORS
23.186; and
  ' (E) The deduction is recorded in the employer's books.
  ' (4) Nothing in this section shall be construed as prohibiting
the withholding of amounts authorized in writing by the employee
to be contributed by the employee to charitable organizations,
including contributions made pursuant to ORS 243.666 and 663.110;
nor shall this section prohibit deductions by check-off dues to
labor organizations or service fees, where such is not otherwise
prohibited by law; nor shall this section diminish or enlarge the
right of any person to assert and enforce a lawful setoff or
counterclaim or to attach, take, reach or apply an employee's
compensation on due legal process.'.
  On page 10, delete lines 1 through 32.
  In line 33, delete '(1)'.
  Delete lines 36 and 37.
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