Alabama 2024 Regular Session

Alabama Senate Bill SB119 Compare Versions

Version 1 (Old)

Version 2 (New)

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	1	+	SB119ENGROSSED
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3	3		SB119
4		-	QGH7151-3
	4	+	QGH7151-2
5	5		By Senators Stewart, Coleman-Madison, Beasley, Hatcher,
6	6		Smitherman, Singleton, Orr
7	7		RFD: Judiciary
8	8		First Read: 20-Feb-24
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14		-	6 SB119 ~~Enrolled~~
	14	+	6 SB119 Engrossed
15	15		Page 1
16	16		First Read: 20-Feb-24
17		-	Enrolled, An Act,
	17	+	A BILL
	18	+	TO BE ENTITLED
	19	+	AN ACT
18	20		Relating to child labor; to amend Section 25-8-59, Code
19	21		of Alabama 1975, to increase civil and criminal penalties for
20	22		an employer who violates child labor laws; and in connection
21	23		therewith would have as its purpose or effect the requirement
22	24		of a new or increased expenditure of local funds within the
23	25		meaning of Section 111.05 of the Constitution of Alabama of
24	26		2022.
25	27		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
26	28		Section 1. Section 25-8-59, Code of Alabama 1975, is
27	29		amended to read as follows:
28	30		"§25-8-59
29	31		(a) Any employer who violates this chapter, or who
30	32		fails or refuses to obey within a reasonable time any lawful
31	33		order or direction given by the state officials charged with
32	34		the enforcement of this chapter, and any parent, guardian, or
33	35		custodian who suffers or permits a person an individual under
34	36		his or her care or control who is under 19 years of age to
35	37		work in violation of this chapter, shall be subject to civil
36	38		penalties in addition to other penalties provided in this
37	39		chapter.
38		-	(b) The department may impose a civil penalty of not
39		-	less than three hundred dollars ($300) upon the following a
40		-	determination: An that an employer has violated a statutory
41		-	provision of Section 25-8-35(17), 25-8-36, 25-8-37, 25-8-38,
42		-	25-8-39, 25-8-40, 25-8-41, 25-8-44(a), 25-8-44(b), 25-8-45,
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70		-	28 SB119 ~~Enrolled~~
	67	+	28 SB119 Engrossed
71	68		Page 2
	69	+	chapter.
	70	+	(b) The department may impose a civil penalty of not
	71	+	less than three hundred dollars ($300) upon the following a
	72	+	determination: An that an employer has violated a statutory
	73	+	provision of Section 25-8-35(17), 25-8-36, 25-8-37, 25-8-38,
72	74		25-8-39, 25-8-40, 25-8-41, 25-8-44(a), 25-8-44(b), 25-8-45,
73	75		25-8-54, 25-8-57, 25-8-60, or 25-8-61.
74	76		(c) The department may shall impose a civil penalty of
75	77		one thousand dollars ($1,000) to five thousand dollars
76	78		($5,000) to ten thousand dollars ($10,000) upon the following
77	79		a determination: Anthat an employer has violated a statutory
78	80		provision of Section 25-8-33, 25-8-35(1) -(16), inclusive
79	81		through 25-8-35(16) , 25-8-43(a), or 25-8-44(d).
80	82		(d) In determining the number of violations committed
81	83		by an employer, the department may assess a separate civil
82	84		penalty for each individual employee affected by the
83	85		employer's violation.
84	86		(e) In addition, the department may assess more than
85	87		one civil penalty against an employer with respect to the same
86	88		adversely affected employee if the employer has violated more
87	89		than one statutory provision in Act 2009-565of this chapter.
88	90		(f) The employer shall be notified of a civil penalty
89	91		assessment by the Notice of Violation and Opportunity to Show
90	92		Cause which shall be sent to the employer.
91	93		(g) The Notice of Violation and Opportunity to Show
92	94		Cause shall provide all of the following:
93	95		(1) The total civil penalty assessed.
94	96		(2) The right of the employer to request in writing a
95	97		hearing to show cause why the civil penalty should not be
96		-	assessed.
97		-	(3) An advisement that no hearing shall be granted
98		-	unless a written request for a hearing is received by the
99		-	department within 30 days from the date of issue of the
100		-	notice.
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128		-	56 SB119 ~~Enrolled~~
	125	+	56 SB119 Engrossed
129	126		Page 3
	127	+	hearing to show cause why the civil penalty should not be
	128	+	assessed.
	129	+	(3) An advisement that no hearing shall be granted
	130	+	unless a written request for a hearing is received by the
	131	+	department within 30 days from the date of issue of the
130	132		notice.
131	133		(4) The right of the employer to waive the right to
132	134		request a hearing and to respond in writing to the notice
133	135		within 30 days of the issue date of the notice.
134	136		(h) Any employer who seeks to contest a civil penalty
135	137		assessment shall file, within 30 days from the date the Notice
136	138		of Violation and Opportunity to Show Cause was issued, a
137	139		written request for an opportunity to be heard which shall
138	140		clearly state the reasons for such request, including facts to
139	141		demonstrate that no violation has occurred.
140	142		(i) If the secretary or his or her designee determines
141	143		that the employer has stated adequate facts or legal grounds
142	144		to warrant a hearing, the secretary or his or her designee
143	145		shall provide written notice of the hearing to show cause why
144	146		a civil penalty should not be assessed and shall mail written
145	147		notice to the employer of the date, time, and place of the
146	148		hearing. Such determination shall be within the discretion of
147	149		the secretary or his or her designee. The notice shall inform
148	150		the employer of its the employer's rights in the hearing
149	151		including the following:
150	152		(1) The right to be represented by any person,
151	153		including an attorney.
152	154		(2) The right to present documentary evidence and a
153	155		written argument in support of the employer's position.
154		-	(j) A request for postponement of a scheduled hearing
155		-	so scheduled shall only be granted where the rights of an
156		-	employer would be substantially prejudiced by the denial of
157		-	the request or in a medical emergency. Only the secretary or
158		-	his or her designee has discretion to grant such requests.
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186		-	84 SB119 ~~Enrolled~~
	183	+	84 SB119 Engrossed
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	185	+	written argument in support of the employer's position.
	186	+	(j) A request for postponement of a scheduled hearing
	187	+	so scheduled shall only be granted where the rights of an
	188	+	employer would be substantially prejudiced by the denial of
	189	+	the request or in a medical emergency. Only the secretary or
188	190		his or her designee has discretion to grant such requests.
189	191		(k) Following a hearing or after the employer has
190	192		waived the right to request a hearing, the secretary or his or
191	193		her designee may uphold or modify the civil penalty
192	194		assessment. Such This determination shall be within the sole
193	195		discretion of the secretary or his or her designee.
194	196		(l) If the employer requests a hearing but the
195	197		secretary or his or her designee denies the request for a
196	198		hearing, the total civil penalty assessed in the notice shall
197	199		be the final civil penalty.
198	200		(m) If the employer does not request a hearing or
199	201		respond in writing to the notice, the total civil penalty
200	202		assessed in the notice shall be the final civil penalty unless
201	203		otherwise modified by the secretary or his or her designee.
202	204		(n) The department may file an action for the
203	205		collection of civil penalties imposed pursuant to this section
204	206		against an employer in the county where the violation
205	207		occurred.
206	208		(o) All moneys monies received from the assessment of
207	209		any penalty pursuant to this section shall accrue to the State
208	210		General Fund.
209	211		(p) In addition to the civil penalties provided for in
210	212		subsection (b), an employer who violates Act 2009-565 this
211	213		chapter may be deemed guilty of a Class B or Class C
212		-	misdemeanor. A first conviction shall be deemed a Class C
213		-	misdemeanor. A second or subsequent conviction shall be deemed
214		-	a Class B misdemeanor.
215		-	(q) In addition to civil penalties provided for in
216		-	subsection (c), an employer who is found in violation of
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244		-	112 SB119 ~~Enrolled~~
	241	+	112 SB119 Engrossed
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	243	+	chapter may be deemed guilty of a Class B or Class C
	244	+	misdemeanor. A first conviction shall be deemed a Class C
	245	+	misdemeanor. A second or subsequent conviction shall be deemed
	246	+	a Class B misdemeanor.
	247	+	(q) In addition to civil penalties provided for in
246	248		subsection (c), an employer who is found in violation of
247	249		subsection (c) involving serious physical injury to or death
248	250		of a minor may be deemed guilty of a Class A misdemeanor
249	251		orClass B felony or Class C felony. A first conviction shall
250	252		be deemed a Class A misdemeanorC felony. A second or
251	253		subsequent conviction shall be deemed a Class C B felony."
252	254		Section 2. Although this bill would have as its purpose
253	255		or effect the requirement of a new or increased expenditure of
254	256		local funds, the bill is excluded from further requirements
255	257		and application under Section 111.05 of the Constitution of
256	258		Alabama of 2022, because the bill defines a new crime or
257	259		amends the definition of an existing crime.
258	260		Section 3. This act shall become effective on October
259	261		1, 2024.
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272		-	125 SB119 Enrolled
273		-	Page 6
274		-	1, 2024.
275		-	________________________________________________
276		-	President and Presiding Officer of the Senate
277		-	________________________________________________
278		-	Speaker of the House of Representatives
279		-	SB119
280		-	Senate 19-Mar-24
281		-	I hereby certify that the within Act originated in and passed
282		-	the Senate, as amended.
283		-	Patrick Harris,
284		-	Secretary.
285		-	House of Representatives
286		-	Passed: 02-May-24
287		-	By: Senator Stewart
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	279	+	130 SB119 Engrossed
	280	+	Page 6
	281	+	1, 2024.
	282	+	Senate
	283	+	Read for the first time and referred
	284	+	to the Senate committee on Judiciary
	285	+	................20-Feb-24
	286	+	Read for the second time and placed
	287	+	on the calendar:
	288	+	1 amendment
	289	+	................06-Mar-24
	290	+	Read for the third time and passed
	291	+	as amended
	292	+	Yeas 33
	293	+	Nays 0
	294	+	Abstains 0
	295	+	................19-Mar-24
	296	+	Patrick Harris,
	297	+	Secretary.
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