January 5, 2010, read first time and referred to Committee on Pensions and Labor.
Introduced
Second Regular Session 116th General Assembly (2010)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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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.
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SENATE BILL No. 206
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and safety.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 5-16-7-4; (10)IN0206.1.2. -->
SECTION 2. IC 5-16-7-4 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 4. The definitions in this section
apply throughout this chapter:
(1) "Alien" has the meaning set forth in 8 U.S.C. 1101(a).
(1) (2) "Common construction wage" means a scale of wages for
each class of work described in section 1(c)(1) of this chapter that
is not less than the common construction wage of all construction
wages being paid in the county where a project is located, as
determined by the committee described in section 1(b) of this
chapter after having considered:
(A) reports from the department of workforce development;
and
(B) any other information submitted by any person to the
committee established under section 1(b) of this chapter.
(3) "Federal immigration agency" means an agency of the
federal government responsible for the determination of the
immigration status of aliens present in the United States.
(2) (4) "State of Indiana" includes any officer, board, commission,
or other agency authorized by law to award contracts for the
performance of public work on behalf of the state, excepting as
otherwise provided in this chapter.
(3) (5) "Municipal corporation" includes any county, city, town,
or school corporation, as well as any officer, board, commission,
or other agency authorized by law to award contracts for the
performance of public work on behalf of any such municipal
corporation. The term also includes a redevelopment commission
established under IC 36-7-14-3.
(4) (6) "Public work" includes any public building, highway,
street, alley, bridge, sewer, drain, improvement, or any other work
of any nature or character whatsoever which is paid for out of
public funds, excepting as otherwise provided in this chapter.
SOURCE: IC 22-2-2-3; (10)IN0206.1.3. -->
SECTION 3. IC 22-2-2-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 3. As used in this chapter:
"Alien" has the meaning set forth in 8 U.S.C. 1101(a).
"Commissioner" means the commissioner of labor or the
commissioner's authorized representative.
"Department" means the department of labor.
"Occupation" means an industry, trade, business, or class of work
in which employees are gainfully employed.
"Employer" means any individual, partnership, association, limited
liability company, corporation, business trust, the state, or other
governmental agency or political subdivision during any work week in
which they have two (2) or more employees. However, it shall not
include any employer who is subject to the minimum wage provisions
of the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C.
201-209).
"Employee" means any person employed or permitted to work or
perform any service for remuneration or under any contract of hire,
written or oral, express or implied by an employer in any occupation,
but shall not include any of the following:
(a) Persons less than sixteen (16) years of age.
(b) Persons engaged in an independently established trade,
occupation, profession, or business who, in performing the
services in question, are free from control or direction both under
a contract of service and in fact.
(c) Persons performing services not in the course of the
employing unit's trade or business.
(d) Persons employed on a commission basis.
(e) Persons employed by their own parent, spouse, or child.
(f) Members of any religious order performing any service for that
order, any ordained, commissioned, or licensed minister, priest,
rabbi, sexton, or Christian Science reader, and volunteers
performing services for any religious or charitable organization.
(g) Persons performing services as student nurses in the employ
of a hospital or nurses training school while enrolled and
regularly attending classes in a nurses training school chartered
or approved under law, or students performing services in the
employ of persons licensed as both funeral directors and
embalmers as a part of their requirements for apprenticeship to
secure an embalmer's license or a funeral director's license from
the state, or during their attendance at any schools required by law
for securing an embalmer's or funeral director's license.
(h) Persons who have completed a four (4) year course in a
medical school approved by law when employed as interns or
resident physicians by any accredited hospital.
(i) Students performing services for any school, college, or
university in which they are enrolled and are regularly attending
classes.
(j) Persons with physical or mental disabilities performing
services for nonprofit organizations organized primarily for the
purpose of providing employment for persons with disabilities or
for assisting in their therapy and rehabilitation.
(k) Persons employed as insurance producers, insurance
solicitors, and outside salesmen, if all their services are performed
for remuneration solely by commission.
(l) Persons performing services for any camping, recreational, or
guidance facilities operated by a charitable, religious, or
educational nonprofit organization.
(m) Persons engaged in agricultural labor. The term shall include
only services performed:
(1) on a farm, in connection with cultivating the soil, or in
connection with raising or harvesting any agricultural or
horticultural commodity, including the raising, shearing,
feeding, caring for, training, and management of livestock,
bees, poultry, and furbearing animals and wildlife;
(2) in the employ of the owner or tenant or other operator of a
farm, in connection with the operation, management,
conservation, improvement, or maintenance of the farm and its
tools and equipment if the major part of the service is
performed on a farm;
(3) in connection with:
(A) the production or harvesting of maple sugar or maple
syrup or any commodity defined as an agricultural
commodity in the Agricultural Marketing Act, as amended
(12 U.S.C. 1141j);
(B) the raising or harvesting of mushrooms;
(C) the hatching of poultry; or
(D) the operation or maintenance of ditches, canals,
reservoirs, or waterways used exclusively for supplying and
storing water for farming purposes; and
(4) in handling, planting, drying, packing, packaging,
processing, freezing, grading, storing, or delivering to storage,
to market, or to a carrier for transportation to market, any
agricultural or horticultural commodity, but only if service is
performed as an incident to ordinary farming operation or, in
the case of fruits and vegetables, as an incident to the
preparation of fruits and vegetables for market. However, this
exception shall not apply to services performed in connection
with any agricultural or horticultural commodity after its
delivery to a terminal market or processor for preparation or
distribution for consumption.
As used in this subdivision, "farm" includes stock, dairy, poultry,
fruit, furbearing animals, and truck farms, nurseries, orchards, or
greenhouses or other similar structures used primarily for the
raising of agricultural or horticultural commodities.
(n) Those persons employed in executive, administrative, or
professional occupations who have the authority to employ or
discharge and who earn one hundred fifty dollars ($150) or more
a week, and outside salesmen.
(o) Any person not employed for more than four (4) weeks in any
four (4) consecutive three (3) month periods.
(p) Any employee with respect to whom the Interstate Commerce
Commission has power to establish qualifications and maximum
hours of service under the federal Motor Carrier Act of 1935 (49
U.S.C. 304(3)) or any employee of a carrier subject to IC 8-2.1.
"Federal immigration agency" means an agency of the federal
government responsible for the determination of the immigration
status of aliens present in the United States.
SOURCE: IC 22-2-2-11; (10)IN0206.1.4. -->
SECTION 4. IC 22-2-2-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 11. (a) An employer or
his an employer's agent who:
(1) discharges or otherwise discriminates in regard to tenure or
condition of employment against any employee because the
employee has:
(A) instituted or participated in the institution of any action to
recover wages under this chapter; or
(B) demanded the payment of wages under this chapter;
(2) pays or agrees to pay any employee less than the minimum
wage prescribed by section 4 of this chapter; or
(3) fails to keep records required by section 8 of this chapter;
commits a Class C infraction.
(b) A violation under subsection (a) is a Class B infraction if the
employer or employer's agent commits the violation against an
employee:
(1) knowing; or
(2) in reckless disregard of the fact;
that the employee is an alien who has come to, entered, or
remained in the United States in violation of law.
(b) (c) An employer or the employer's agent who knowingly or
intentionally violates section 4 or 8 of this chapter commits a Class A
infraction.
(d) A violation under subsection (c) is a Class C misdemeanor
if the employer or employer's agent commits the violation against
an employee:
(1) knowing; or
(2) in reckless disregard of the fact;
that the employee is an alien who has come to, entered, or
remained in the United States in violation of law.
(c) (e) An employer or the employer's agent who violates section 4
of this chapter, having a prior unrelated judgment for a violation of
section 4 of this chapter, commits a Class B misdemeanor.
(f) The offense under subsection (e) is a Class A misdemeanor
if the employer or employer's agent commits the offense against an
employee:
(1) knowing; or
(2) in reckless disregard of the fact;
that the employee is an alien who has come to, entered, or
remained in the United States in violation of law.
(d) (g) An employer or the employer's agent who violates section 8
of this chapter, having a prior unrelated judgment for a violation of
section 8 of this chapter, commits a Class B misdemeanor.
(h) The offense under subsection (g) is a Class A misdemeanor
if the employer or employer's agent commits the offense against an
employee:
(1) knowing; or
(2) in reckless disregard of the fact;
that the employee is an alien who has come to, entered, or
remained in the United States in violation of law.
(i) For purposes of this section, a determination by a federal
immigration agency that an alien has come to, entered, or
remained in the United States in violation of law creates a
rebuttable presumption that the alien is in the United States in
violation of law.