HB 1267-1_ Filed 01/25/2006, 18:00


Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

7

                                                        NO:
5

MR. SPEAKER:
    Your Committee on       Employment and Labor     , to which was referred       House Bill 1267     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

    Delete the title and insert the following:
    A BILL FOR AN ACT to amend the Indiana Code concerning employment.
    Delete everything after the enacting clause and insert the following:

SOURCE: IC 20-33-3-12; (06)AM126704.1. -->     SECTION 1. IC 20-33-3-12, AS ADDED BY P.L.1-2005, SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 12. (a) As proof of prospective employment, the issuing officer shall require a written statement that:
        (1) is signed by the person for whom the child is to work; and
        (2) sets forth the nature of work that the child is to perform; and
        (3) specifies the maximum number of hours per week that the child will work for the employer.

    (b) When a child's employment terminates, the employer shall immediately notify the issuing officer in writing of the:
        (1) termination; and
        (2) date on which it occurred.
This notice shall be on a blank form attached to the child's employment certificate.
    (c) It is unlawful for an issuing officer to issue a subsequent employment certificate until the issuing officer has:
        (1) received a termination notice from the current employer; or
        (2) otherwise determined that the child's employment has terminated.
    (d) (c) An employment certificate may be used at not more than two (2) locations within the same enterprise if the enterprise complies with the hour restrictions prescribed in sections 21 22 through 29 28 of this chapter.
SOURCE: IC 20-33-3-13; (06)AM126704.2. -->     SECTION 2. IC 20-33-3-13, AS ADDED BY P.L.1-2005, SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JUNE 1, 2006]: Sec. 13. (a) Upon presentation to the issuing officer of the documents required by section 10 of this chapter, an employment certificate shall be issued immediately to the child. The employment certificate shall state the maximum number of hours that the child may be employed by the employer. However, an issuing officer may deny a certificate to a child:
        (1) whose attendance is not in good standing; or
        (2) whose academic performance does not meet the school corporation's standard.
    (b) Not more than five (5) days after issuing an employment certificate, the issuing officer shall send a copy of the employment certificate to the department of labor. The issuing officer shall keep a record in the issuing officer's office of each employment certificate issued.
    (c) A student may appeal the denial of a certificate under subsection (a) to the principal.
SOURCE: IC 20-33-3-13.5; (06)AM126704.3. -->     SECTION 3. IC 20-33-3-13.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JUNE 1, 2006]: Sec. 13.5. (a) A child may hold more than one (1) employment certificate at a time. However, a child who holds more than one (1) employment certificate at a time is subject to the penalties in sections 39 and 40 of this chapter for any of the following:
        (1) Hour violations under sections 22 through 28 of this

chapter.
        (2) A violation of section 23(3) or 24(3) of this chapter.

    (b) An employer of a child who holds more than one (1) employment certificate under subsection (a) is subject only to the penalties in sections 39 and 40 of this chapter for:
        (1) hour violations under sections 22 through 28 of this chapter; or
        (2) a violation of section 23(3) or 24(3) of this chapter;
for the employment of the child with the employer.

SOURCE: IC 20-33-3-23; (06)AM126704.4. -->     SECTION 4. IC 20-33-3-23, AS ADDED BY P.L.1-2005, SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JUNE 1, 2006]: Sec. 23. Except as provided in section 27 of this chapter, a child who is at least sixteen (16) years of age and less than seventeen (17) years of age may not:
        (1) work for more than eight (8) hours in any one (1) day;
        (2) work for more than thirty (30) hours in any one (1) week;
        (3) work for more than six (6) days in any one (1) week; or
        (4) begin a work day before 6 a.m.
SOURCE: IC 20-33-3-24; (06)AM126704.5. -->     SECTION 5. IC 20-33-3-24, AS ADDED BY P.L.1-2005, SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JUNE 1, 2006]: Sec. 24. Except as provided in section 27 of this chapter, a child who is at least seventeen (17) years of age and less than eighteen (18) years of age may not:
        (1) work for more than eight (8) hours in any one (1) day;
        (2) work for more than thirty (30) hours in any one (1) week;
        (3) work for more than six (6) days in any one (1) week; or
        (4) begin a work day before 6 a.m. on a school day.
SOURCE: IC 20-33-3-27; (06)AM126704.6. -->     SECTION 6. IC 20-33-3-27, AS ADDED BY P.L.1-2005, SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JUNE 1, 2006]: Sec. 27. (a) An employer may employ A child who is at least sixteen (16) years of age and less than eighteen (18) years of age may be employed for up to forty (40) hours during a school week if the employer has: or employers have:
        (1) obtained written permission from the child's parent; and
        (2) placed the written permission on file in the employer's office or the offices of the employers.
    (b) If an the employer has or employers have obtained written permission required under subsection (a), the employer may employ a

child who is at least sixteen (16) years of age and less than eighteen (18) years of age may be employed for periods that do not exceed a total of nine (9) hours in any one (1) day and a total of forty-eight (48) hours in any one (1) nonschool week.

SOURCE: IC 20-33-3-39; (06)AM126704.7. -->     SECTION 7. IC 20-33-3-39, AS ADDED BY P.L.1-2005, SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JUNE 1, 2006]: Sec. 39. Notwithstanding section 13.5(b) of this chapter, a person, firm, limited liability company, or corporation that violates this chapter may be assessed the civil penalties described in this section by the department of labor. For an employment certificate violation under section 5 or 14 of this chapter, a termination notice violation under section 12 of this chapter, an hour violation of not more than thirty (30) minutes under sections 21 sections 22 through 29 28 of this chapter, a violation of section 23(3) or 24(3) of this chapter, or a posting violation under section 34 of this chapter, the civil penalties are as follows:
        (1) A warning letter for any violations identified during an initial inspection.
        (2) Fifty dollars ($50) per instance for a second violation identified in a subsequent inspection.
        (3) Seventy-five dollars ($75) per instance for a third violation that is identified in a subsequent inspection.
        (4) One hundred dollars ($100) per instance for a fourth or subsequent violation that is identified in an inspection subsequent to the inspection under subdivision (3) and occurs not more than two (2) years after a prior violation.
SOURCE: ; (06)AM126704.8. -->     SECTION 8. [EFFECTIVE JULY 1, 2006] (a) As used in this SECTION, "committee" refers to the interim study committee on child labor established by this SECTION.
    (b) There is established the interim study committee on child labor. The committee shall study:
        (1) the issuance of employment certificates;

         (2) the maximum hours that a child under age eighteen (18) may work in a week; and
        (3) enforcement of child labor laws.
    (c) The committee shall operate under the policies governing study committees adopted by the legislative council.
    (d) The affirmative votes of a majority of the voting members

appointed to the committee are required for the committee to take action on any measure.
    (e) This SECTION expires December 31, 2006.

SOURCE: ; (06)AM126704.9. -->     SECTION 9. An emergency is declared for this act.
    (Reference is to HB 1267 as introduced.)

and when so amended that said bill do pass.

__________________________________

Representative Torr


AM126704/DI 96    2006