January 11, 2001, read first time and referred to Committee on Labor and Employment.
Introduced
First Regular Session 112th General Assembly (2001)
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
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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.
Conflict reconciliation: Text in a statute in
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this style type reconciles conflicts
between statutes enacted by the 2000 General Assembly.
HOUSE BILL No. 1367
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and industrial safety.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 20-8.1-4-20.5; (01)IN1367.1.1. -->
SECTION 1.
IC 20-8.1-4-20.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 20.5. (a) This section applies to
occupations for which a child less than eighteen (18) years of age
may be employed or allowed to work with or without an
employment certificate issued under this chapter.
(b) A person, firm, limited liability company, or corporation
that employs a child less than eighteen (18) years of age shall
provide a rest break of at least thirty (30) minutes to a child who
is scheduled to work at least six (6) consecutive hours.
SOURCE: IC 20-8.1-4-31; (01)IN1367.1.2. -->
SECTION 2.
IC 20-8.1-4-31
, AS AMENDED BY P.L.234-1999,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 31. (a) A person, firm, limited liability company,
or corporation that violates this chapter may be assessed the following
civil penalties by the department of labor:
(1) For an employment certificate violation under section 1 or 13
of this chapter, the following:
(A) A warning letter for any violations identified during an
initial inspection.
(B) Fifty dollars ($50) per instance for a second violation
identified in a subsequent inspection.
(C) Seventy-five dollars ($75) per instance for a third violation
that is identified in a subsequent inspection.
(D) One hundred dollars ($100) per instance for a fourth or
subsequent violation that:
(i) is identified in an inspection subsequent to the inspection
under clause (C); and
(ii) occurs not more than two (2) years after a prior violation.
(2) For a posting violation under section 23 of this chapter, the
following:
(A) A warning letter for any violations identified during an
initial inspection.
(B) Fifty dollars ($50) per instance for each violation
identified in a subsequent inspection.
(C) Seventy-five dollars ($75) per instance for a third violation
that is identified in a subsequent inspection.
(D) One hundred dollars ($100) per instance for a fourth or
subsequent violation that:
(i) is identified in an inspection subsequent to the inspection
under clause (C); and
(ii) occurs not more than two (2) years after a prior violation.
(3) For a termination notice violation under section 11 of this
chapter, the following:
(A) A warning letter for any violations identified during an
initial inspection.
(B) Fifty dollars ($50) per instance for each violation
identified in a subsequent inspection.
(C) Seventy-five dollars ($75) per instance for a third violation
that is identified in a subsequent inspection.
(D) One hundred dollars ($100) per instance for a fourth or
subsequent violation that:
(i) is identified in an inspection subsequent to the inspection
under clause (C); and
(ii) occurs not more than two (2) years after a prior violation.
(4) For an hour violation of not more than thirty (30) minutes
under section 20 of this chapter, the following:
(A) A warning letter for any violations identified during an
initial inspection.
(B) Fifty dollars ($50) per instance for each violation
identified in a subsequent inspection.
(C) Seventy-five dollars ($75) per instance for a third violation
that is identified in a subsequent inspection.
(D) One hundred dollars ($100) per instance for a fourth or
subsequent violation that:
(i) is identified in an inspection subsequent to the inspection
under clause (C); and
(ii) occurs not more than two (2) years after a prior violation.
(5) For an hour violation of more than (30) minutes under section
20 of this chapter, the following:
(A) A warning letter for any violations identified during an
initial inspection.
(B) One hundred dollars ($100) per instance for each violation
identified in a subsequent inspection.
(C) Two hundred dollars ($200) per instance for a third
violation that is identified in a subsequent inspection.
(D) Four hundred dollars ($400) per instance for a fourth or
subsequent violation that:
(i) is identified in an inspection subsequent to the inspection
under clause (C); and
(ii) occurs not more than two (2) years after a prior violation.
(6) For a hazardous occupation violation under section 25 of this
chapter, the following:
(A) A warning letter for any violations identified during an
initial inspection.
(B) One hundred dollars ($100) per instance for each violation
identified in a subsequent inspection.
(C) Two hundred dollars ($200) per instance for a third
violation that is identified in a subsequent inspection.
(D) Four hundred dollars ($400) per instance for a fourth or
subsequent violation that:
(i) is identified in an inspection subsequent to the inspection
under clause (C); and
(ii) occurs not more than two (2) years after a prior violation.
(7) For an age violation under section 21 or 21.5 of this chapter,
the following:
(A) A warning letter for any violations identified during an
initial inspection.
(B) One hundred dollars ($100) per instance for each violation
identified in a subsequent inspection.
(C) Two hundred dollars ($200) per instance for a third
violation that is identified in a subsequent inspection.
(D) Four hundred dollars ($400) per instance for a fourth or
subsequent violation that:
(i) is identified in an inspection subsequent to the inspection
under clause (C); and
(ii) occurs not more than two (2) years after a prior violation.
(8) For each minor employed in violation of section 21(b) of this
chapter, the following:
(A) A warning letter for any violations identified during an
initial inspection.
(B) One hundred dollars ($100) per instance for each violation
identified in a subsequent inspection.
(C) Two hundred dollars ($200) per instance for a third
violation that is identified in a subsequent inspection.
(D) Four hundred dollars ($400) per instance for a fourth or
subsequent violation that:
(i) is identified in an inspection subsequent to the inspection
under clause (C); and
(ii) occurs not more than two (2) years after a prior violation.
(9) For each violation of section 20.5 of this chapter, the
following:
(A) A warning letter for any violations identified during an
initial inspection.
(B) One hundred dollars ($100) per instance for each
violation identified in a subsequent inspection.
(C) Two hundred dollars ($200) per instance for a third
violation that is identified in a subsequent inspection.
(D) Four hundred dollars ($400) per instance for a fourth
or subsequent violation that:
(i) is identified in an inspection subsequent to the
inspection under clause (C); and
(ii) occurs not more than two (2) years after a prior
violation.
(b) A civil penalty assessed under subsection (a):
(1) is subject to
IC 4-21.5-3-6
; and
(2) becomes effective without a proceeding under
IC 4-21.5-3
unless a person requests an administrative review not later than
thirty (30) days after notice of the assessment is given.
(c) For purposes of determining whether a second violation has
occurred when assessing a civil penalty under subsection (a), a first
violation expires one (1) year after the date of issuance of a warning
letter by the department of labor under subsection (a).
(d) For purposes of determining recurring violations of this section,
each location of an employer shall be considered separate and distinct
from another location of the same employer.
(e) There is established an employment of youth fund for the
purpose of educating affected parties on the purposes and contents of
this chapter and the responsibilities of all parties under this chapter.
One-half (1/2) of the fund each year shall be used for the purpose of the
education provision of this subsection. This portion of the fund may be
used to award grants to provide educational programs. The remaining
one-half (1/2) of the fund shall be used each year for the expenses of
hiring and salaries of additional inspectors to enforce this chapter under
section 29 of this chapter. All inspectors hired to enforce this chapter
shall also be available to educate affected parties on the purposes and
contents of this chapter and the responsibilities of all parties under this
chapter. The fund shall be administered by the department of labor.
The expenses of administering the fund shall be paid from money in
the fund. The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested. Interest that accrues
from these investments shall be deposited in the fund. Money in the
fund at the end of a state fiscal year does not revert to the state general
fund. Revenue received from civil penalties under this section shall be
deposited in the employment of youth fund.