Citations Affected: IC 22-2; IC 22-5; IC 24-3; noncode.
January 9, 2006, read first time and referred to Committee on Tax and Fiscal Policy.
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and safety.
by the employer.
employer:
(e); or
Effective: July 1, 2006.
(HOUSE SPONSOR _ BROWN T)
January 19, 2006, amended, reported favorably _ Do Pass.
January 24, 2006, read second time, amended, ordered engrossed.
January 25, 2006, engrossed.
January 26, 2006, read third time, passed. Yeas 47, nays 1.
February 2, 2006, read first time and referred to Committee on Employment and Labor.
February 13, 2006, amended, reported _ Do Pass.
February 28, 2006, read second time, amended, ordered engrossed.
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.
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 this style type reconciles conflicts
between statutes enacted by the 2005 Regular Session of the General Assembly.
(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
(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 of tools and portable
equipment used by the employee while performing duties for
the employer.
eight hundred dollars ($800.00), three thousand dollars ($3,000),
rights of action for penalties, mechanics and other liens of workers,
without being bound by any of the technical rules with reference to the
validity of such assignments; and shall have power and authority to
prosecute actions for the collection of such claims of persons who, in
the judgment of the commissioner:
(1) are entitled to the services of the commissioner; and who, in
his judgment,
(2) have claims which are valid and enforceable in the court.
(b) The commissioner shall have power to join various claimants in
one (1) preferred claim or lien, and, in case of suit, to join them in one
(1) cause of action.
(1) require, as a condition of employment, an employee or
prospective employee to refrain from using; or
(2) discriminate against an employee with respect to:
(A) the employee's compensation and benefits; or
(B) terms and conditions of employment;
based on the employee's use of;
tobacco products outside the course of the employee's or prospective
employee's employment.
(b) An employer may implement financial incentives:
(1) intended to reduce tobacco use; and
(2) related to employee health benefits provided by the
employer.
Chapter 6. Employer Sales to Employees
Sec. 1. An employer may not sell to an employee of the
(1) merchandise; or
(2) supplies;
at a price higher than the price at which the employer sells the
merchandise or supplies for cash to another person who is not an
employee of the employer.
Sec. 2. A person who violates section 1 of this chapter commits
a Class C infraction.
(1) An importer.
(2) A manufacturer.
The commission shall prescribe the form of an application.
(b) An importer or manufacturer that conducts business in Indiana
must apply under this section for a license for the importer's or
manufacturer's principal place of business. An importer or
manufacturer that is issued a license shall display the license at the
importer's or manufacturer's principal place of business.
(c) The commission shall prescribe the form and duration of a
license issued under this section. However, a license may not be valid
for more than three (3) years from the date of issuance.
(d) An applicant must provide the following to the commission:
(1) The applicant's name and mailing address and the address
of the premises for which the license is being issued.
(2) A fee of one thousand five hundred dollars ($1,500).
(e) Fees collected under this section must be deposited in the
enforcement and administration fund under IC 7.1-4-10.
(d) (f) A license issued under this section is nontransferable.
(e) (g) The commission shall not issue or renew a license under this
section if:
(1) the applicant owes at least five hundred dollars ($500) in taxes
imposed under IC 6-7-1-12;
(2) the commission revoked the applicant's license within two (2)
years before the application;
(3) the applicant commits an offense under IC 6-7-1-21;
(4) the applicant does not comply with IC 24-3-3-12; or
(5) the applicant violates IC 24-3-4.
(f) (h)The commission may revoke or suspend a license issued
under this section if the applicant:
(1) is not eligible to receive or renew a license under subsection
(2) violates this chapter.