Second Regular Session 114th General Assembly (2006)
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HOUSE ENROLLED ACT No. 1267
AN ACT to amend the Indiana Code concerning employment.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 20-33-3-12; (06)HE1267.1.1. -->
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)HE1267.1.2. -->
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. The issuing officer shall keep for each student who has been
issued more than one (1) employment certificate a record of the
maximum number of hours that the student may work each week
for all employers.
(c) A student may appeal the denial of a certificate under subsection
(a) to the principal.
SOURCE: IC 20-33-3-13.5; (06)HE1267.1.3. -->
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 set forth in section 38.5 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 to the
penalties set forth 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 only.
SOURCE: IC 20-33-3-23; (06)HE1267.1.4. -->
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)HE1267.1.5. -->
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)HE1267.1.6. -->
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:
(1) obtained written permission from the child's parent; and
(2) placed the written permission on file in the employer's office.
(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 20-33-3-38.5; (06)HE1267.1.7. -->
SECTION 7. IC 20-33-3-38.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JUNE 1, 2006]:
Sec. 38.5. For an hour violation under
sections 22 through 28 of this chapter or a violation of section 23(3)
or 24(3) of this chapter committed by a child, the civil penalties are
as follows:
(1) A warning letter for a first violation.
(2) Revocation of the employment certificate or certificates
held by the child for thirty (30) calendar days.
(b) The department of labor shall assess the civil penalties set
forth in subsection (a).
(c) If the department of labor revokes an employment certificate
under this section, the issuing officer and the child's employer shall
be notified in writing. This notice may be delivered in person or by
registered mail. Immediately after receiving notice of revocation,
the employer shall return the certificate to the issuing officer.
(d) A child whose employment certificate or certificates have
been revoked may not be employed or allowed to work until the
child legally has obtained a new employment certificate.
SOURCE: IC 20-33-3-39; (06)HE1267.1.8. -->
SECTION 8. 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. A person, firm, limited liability company, or
An individual who is an employer, a firm, a limited liability
company, or a 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: IC 20-33-3-40; (06)HE1267.1.9. -->
SECTION 9. IC 20-33-3-40, AS ADDED BY P.L.1-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JUNE 1, 2006]: Sec. 40. A person, An individual who is an employer,
a firm, a limited liability company, or a corporation that violates this
chapter may be assessed the civil penalties described in this section by
the department of labor. For an hour violation of more than thirty (30)
minutes under sections 21 sections 22 through 29 28 of this chapter,
each violation of section 30 of this chapter, an age violation under
section 31 or 32 of this chapter, each minor employed in violation of
section 31(b) of this chapter, or a hazardous occupation violation under
section 35 or 36 of this chapter, the civil penalties are as follows:
(1) A warning letter for any violations identified during an initial
inspection.
(2) One hundred dollars ($100) per instance for each violation
identified in a subsequent inspection.
(3) Two hundred dollars ($200) per instance for a third violation
that is identified in a subsequent inspection.
(4) Four hundred dollars ($400) 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: IC 22-1-1-5; (06)HE1267.1.10. -->
SECTION 10. IC 22-1-1-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JUNE 1, 2006] Sec. 5. (a) The bureau of
mines and mining safety shall do the following:
(1) have immediate charge of the administration of the
underground mine laws of this state;
(2) provide safety consultation services to any surface or
underground mine operator at the request of the operator;
(3) provide mine safety and health education information to all
surface or underground mine operators;
(4) provide mine safety and health training as required by federal
Mine Safety and Health Administration to all surface or
underground mine operators and mine workers who do not
otherwise have training available; and
(5) investigate all fatalities occurring in surface or underground
mine operations for the purpose of data collection; however, an
investigation shall not interfere with investigations by the federal
Mine Safety and Health Administration.
(b) The bureau of child labor shall have immediate charge of the
supervision of children who are gainfully employed, including
employment certificate violations under IC 20-33-3-38.5,
IC 20-33-3-39, and IC 20-33-3-40. A child employee under the
jurisdiction of the bureau of child labor may file a complaint with
the bureau of child labor if the employer of the child employee
requires noncompliance by the child employee with the provisions
of IC 20-33-3-38.5.
SOURCE: ; (06)HE1267.1.11. -->
SECTION 11.
An emergency is declared for this act.
HEA 1267 _ Concur
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