HOUSE BILL No. 1331
DIGEST OF INTRODUCED BILL
Citations Affected: IC 22-2-6-5.
Synopsis: Expense advances to driver employees. Authorizes an
employer that is engaged in the transportation of property or household
goods over public highways to deduct from wages earned by a driver
employee in a subsequent pay period amounts advanced for business
expenses that exceed amounts adequately substantiated. Provides that
the deduction may not be considered a fine, wage deduction, or wage
Effective: January 1, 2008 (retroactive).
January 15, 2008, read first time and referred to Committee on Roads and Transportation.
Second Regular Session 115th General Assembly (2008)
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HOUSE BILL No. 1331
A BILL FOR AN ACT to amend the Indiana Code concerning labor
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 22-2-6-5; (08)IN1331.1.1. -->
SECTION 1. IC 22-2-6-5 IS ADDED TO THE INDIANA CODE
AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008 (RETROACTIVE)]: Sec. 5. (a) This section
applies to an employer that:
(1) is engaged in the business of interstate or intrastate
transportation of property or household goods over public
highways in Indiana; and
(A) holds a registration issued by the Federal Motor
Carrier Safety Administration under 49 U.S.C. 13902; or
(B) is subject to the safety and certification requirements
of the department of state revenue under IC 8-2.1-24-1.
(b) An employer who advances amounts to a driver employee in
cash, by an electronic transfer, or by another means after January
1, 2008, may deduct from wages earned by the driver employee in
a subsequent pay period the amount of the advance that exceeds
the amount of business expenses that the driver employee
adequately substantiates under the requirements applicable to
reimbursements under 26 U.S.C. 62(c).
(c) A deduction under subsection (b) may not be considered:
(1) a fine under IC 22-2-8-1;
(2) a wage deduction under this article; or
(3) a wage assignment under IC 22-2-7 or section 2 of this
SOURCE: ; (08)IN1331.1.2. -->
SECTION 2. An emergency is declared for this act.