HB 1481-1_ Filed 04/08/2003, 10:18 Young R Michael
Adopted 4/9/2003

SENATE MOTION


MR. PRESIDENT:

    I move that Engrossed House Bill 1481 be amended to read as follows:

    Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
    " SECTION 1. IC 22-2-5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2. (a) Except as provided in subsection (b), every such person, firm, corporation, limited liability company, or association who shall fail to make payment of wages to any such employee as provided in section 1 of this chapter shall as liquidated damages for such failure, pay to such employee for each day that the amount due to him the employee remains unpaid ten percent (10%) of the amount due to him in addition thereto. not exceeding double the amount of wages due, and said damages
    (b) Upon termination of an employment relationship, the employer shall pay to the employee the unpaid wages minus any amount deducted for amounts applied as due to the employer from the employee, for a purpose related to the employment, as itemized by the employer with the amount due in a written notice accompanying the unpaid wages.
    (c) If the employer fails to provide the written notice in conjunction with the unpaid wages, the employee may recover the amount in disagreement in an action brought under subsection (d).
    (d) The wages, including any amount in disagreement under subsection (b),
may be recovered in any court having jurisdiction of a suit to recover the amount due to such employee, and in any suit so brought to recover said wages or the liquidated damages for nonpayment thereof, or both, the court shall tax and assess as costs in said case a along with reasonable fee for the plaintiff's attorney or attorneys. attorney's fees.
    (e) This section does not preclude the employer or employee from recovering other damages to which either is entitled.
SOURCE: IC 22-2-5-3; (03)SB0389.2.2. -->     SECTION 2. IC 22-2-5-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 3. Employees who are classified

as exempt under the Fair Labor Standards Act (29 U.S.C. 201 et.seq.), farmers, and those engaged in the business of agriculture and horticulture shall be specifically exempt from the provisions of this chapter.
SOURCE: IC 22-2-6-2; (03)SB0389.2.3. -->     SECTION 3. IC 22-2-6-2, AS AMENDED BY P.L.83-2001, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: 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.
        (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.
         (14) Payment for the purchase or maintenance of uniforms worn by the employee while performing duties for the employer.
        (15) Payment for the purchase or rental of tools and equipment used by the employee while performing duties for the employer.
        (16) Payment or repayment of the employee's tuition for:
            (A) a postsecondary educational institution;
            (B) an apprenticeship training program; or
            (C) an educational training program approved by the employer.
".
SOURCE: IC 22-5-6; (03)SB0389.2.4. -->     Page 2, between lines 6 and 7, begin a new paragraph and insert:
    " SECTION 5. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2003]: IC 22-2-4-1; IC 22-2-4-2; IC 22-2-4-4; IC 22-2-4-6."
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1481 as printed April 4, 2003.)


________________________________________

Senator YOUNG R MICHAEL


RS 148102/DI jhm
2003