SB119ENROLLED
Page 0
SB119
QGH7151-3
By Senators Stewart, Coleman-Madison, Beasley, Hatcher,
Smitherman, Singleton, Orr
RFD: Judiciary
First Read: 20-Feb-24
1
2
3
4
5
6 SB119 Enrolled
Page 1
First Read: 20-Feb-24
Enrolled, An Act,
Relating to child labor; to amend Section 25-8-59, Code
of Alabama 1975, to increase civil and criminal penalties for
an employer who violates child labor laws; and in connection
therewith would have as its purpose or effect the requirement
of a new or increased expenditure of local funds within the
meaning of Section 111.05 of the Constitution of Alabama of
2022.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 25-8-59, Code of Alabama 1975, is
amended to read as follows:
"ยง25-8-59
(a) Any employer who violates this chapter, or who
fails or refuses to obey within a reasonable time any lawful
order or direction given by the state officials charged with
the enforcement of this chapter, and any parent, guardian, or
custodian who suffers or permits a person an individual under
his or her care or control who is under 19 years of age to
work in violation of this chapter, shall be subject to civil
penalties in addition to other penalties provided in this
chapter.
(b) The department may impose a civil penalty of not
less than three hundred dollars ($300) upon the following a
determination: An that an employer has violated a statutory
provision of Section 25-8-35(17), 25-8-36, 25-8-37, 25-8-38,
25-8-39, 25-8-40, 25-8-41, 25-8-44(a), 25-8-44(b), 25-8-45,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 SB119 Enrolled
Page 2
25-8-39, 25-8-40, 25-8-41, 25-8-44(a), 25-8-44(b), 25-8-45,
25-8-54, 25-8-57, 25-8-60, or 25-8-61.
(c) The department may shall impose a civil penalty of
one thousand dollars ($1,000) to five thousand dollars
($5,000) to ten thousand dollars ($10,000) upon the following
a determination: Anthat an employer has violated a statutory
provision of Section 25-8-33, 25-8-35(1) -(16), inclusive
through 25-8-35(16) , 25-8-43(a), or 25-8-44(d).
(d) In determining the number of violations committed
by an employer, the department may assess a separate civil
penalty for each individual employee affected by the
employer's violation.
(e) In addition, the department may assess more than
one civil penalty against an employer with respect to the same
adversely affected employee if the employer has violated more
than one statutory provision in Act 2009-565of this chapter.
(f) The employer shall be notified of a civil penalty
assessment by the Notice of Violation and Opportunity to Show
Cause which shall be sent to the employer.
(g) The Notice of Violation and Opportunity to Show
Cause shall provide all of the following:
(1) The total civil penalty assessed.
(2) The right of the employer to request in writing a
hearing to show cause why the civil penalty should not be
assessed.
(3) An advisement that no hearing shall be granted
unless a written request for a hearing is received by the
department within 30 days from the date of issue of the
notice.
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56 SB119 Enrolled
Page 3
notice.
(4) The right of the employer to waive the right to
request a hearing and to respond in writing to the notice
within 30 days of the issue date of the notice.
(h) Any employer who seeks to contest a civil penalty
assessment shall file, within 30 days from the date the Notice
of Violation and Opportunity to Show Cause was issued, a
written request for an opportunity to be heard which shall
clearly state the reasons for such request, including facts to
demonstrate that no violation has occurred.
(i) If the secretary or his or her designee determines
that the employer has stated adequate facts or legal grounds
to warrant a hearing, the secretary or his or her designee
shall provide written notice of the hearing to show cause why
a civil penalty should not be assessed and shall mail written
notice to the employer of the date, time, and place of the
hearing. Such determination shall be within the discretion of
the secretary or his or her designee. The notice shall inform
the employer of its the employer's rights in the hearing
including the following:
(1) The right to be represented by any person,
including an attorney.
(2) The right to present documentary evidence and a
written argument in support of the employer's position.
(j) A request for postponement of a scheduled hearing
so scheduled shall only be granted where the rights of an
employer would be substantially prejudiced by the denial of
the request or in a medical emergency. Only the secretary or
his or her designee has discretion to grant such requests.
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84 SB119 Enrolled
Page 4
his or her designee has discretion to grant such requests.
(k) Following a hearing or after the employer has
waived the right to request a hearing, the secretary or his or
her designee may uphold or modify the civil penalty
assessment. Such This determination shall be within the sole
discretion of the secretary or his or her designee.
(l) If the employer requests a hearing but the
secretary or his or her designee denies the request for a
hearing, the total civil penalty assessed in the notice shall
be the final civil penalty.
(m) If the employer does not request a hearing or
respond in writing to the notice, the total civil penalty
assessed in the notice shall be the final civil penalty unless
otherwise modified by the secretary or his or her designee.
(n) The department may file an action for the
collection of civil penalties imposed pursuant to this section
against an employer in the county where the violation
occurred.
(o) All moneys monies received from the assessment of
any penalty pursuant to this section shall accrue to the State
General Fund.
(p) In addition to the civil penalties provided for in
subsection (b), an employer who violates Act 2009-565 this
chapter may be deemed guilty of a Class B or Class C
misdemeanor. A first conviction shall be deemed a Class C
misdemeanor. A second or subsequent conviction shall be deemed
a Class B misdemeanor.
(q) In addition to civil penalties provided for in
subsection (c), an employer who is found in violation of
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112 SB119 Enrolled
Page 5
subsection (c), an employer who is found in violation of
subsection (c) involving serious physical injury to or death
of a minor may be deemed guilty of a Class A misdemeanor
orClass B felony or Class C felony. A first conviction shall
be deemed a Class A misdemeanorC felony. A second or
subsequent conviction shall be deemed a Class C B felony."
Section 2. Although this bill would have as its purpose
or effect the requirement of a new or increased expenditure of
local funds, the bill is excluded from further requirements
and application under Section 111.05 of the Constitution of
Alabama of 2022, because the bill defines a new crime or
amends the definition of an existing crime.
Section 3. This act shall become effective on October
1, 2024.
113
114
115
116
117
118
119
120
121
122
123
124
125 SB119 Enrolled
Page 6
1, 2024.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB119
Senate 19-Mar-24
I hereby certify that the within Act originated in and passed
the Senate, as amended.
Patrick Harris,
Secretary.
House of Representatives
Passed: 02-May-24
By: Senator Stewart
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158