1 | 1 | | Stricken language would be deleted from and underlined language would be added to present law. |
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2 | 2 | | *CRH331* 04/07/2025 7:13:40 AM CRH331 |
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3 | 3 | | State of Arkansas 1 |
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4 | 4 | | 95th General Assembly A Bill 2 |
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5 | 5 | | Regular Session, 2025 HOUSE BILL 1996 3 |
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6 | 6 | | 4 |
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7 | 7 | | By: Representative Gramlich 5 |
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8 | 8 | | 6 |
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9 | 9 | | 7 |
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10 | 10 | | For An Act To Be Entitled 8 |
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11 | 11 | | AN ACT TO AMEND THE LAW CONCERNING LABOR; TO AMEND 9 |
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12 | 12 | | THE CHILD LABOR LAWS ENACTED BY INITIATED ACT 1 OF 10 |
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13 | 13 | | 1914; TO ESTABLISH AN EDUCATIONAL ALTERNATIVE TO 11 |
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14 | 14 | | CIVIL PENALTIES FOR CERTAIN VIOLATIONS RELATED TO 12 |
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15 | 15 | | CHILD LABOR; TO CREATE EDUCATIONAL MATERIALS RELATED 13 |
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16 | 16 | | TO CHILD LABOR REQUIREMENTS; AND FOR OTHER PURPOSES. 14 |
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17 | 17 | | 15 |
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18 | 18 | | 16 |
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19 | 19 | | Subtitle 17 |
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20 | 20 | | TO AMEND THE CHILD LABOR LAWS ENACTED BY 18 |
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21 | 21 | | INITIATED ACT 1 OF 1914; TO ESTABLISH AN 19 |
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22 | 22 | | EDUCATIONAL ALTERNATIVE TO CIVIL 20 |
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23 | 23 | | PENALTIES FOR CERTAIN VIOLATIONS; AND TO 21 |
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24 | 24 | | CREATE EDUCATIONAL MATERIALS RELATED TO 22 |
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25 | 25 | | CHILD LABOR. 23 |
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26 | 26 | | 24 |
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27 | 27 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 25 |
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28 | 28 | | 26 |
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29 | 29 | | SECTION 1. DO NOT CODIFY. Legislative findings. 27 |
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30 | 30 | | The General Assembly finds that: 28 |
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31 | 31 | | (1) Part-time work by teenagers teaches important lessons in 29 |
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32 | 32 | | personal finance, time management, and confidence and allows for important 30 |
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33 | 33 | | networking and career exploration opportunities; 31 |
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34 | 34 | | (2) However, the state has a responsibility to protect children 32 |
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35 | 35 | | from hazardous work environments and ensure that employment opportunities do 33 |
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36 | 36 | | not come at the expense of a teenager’s education; 34 |
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37 | 37 | | (3) The Department of Labor and Licensing identified that, from 35 |
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38 | 38 | | 2020 to 2023, child labor violations increased by two hundred sixty -six 36 HB1996 |
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39 | 39 | | |
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41 | 41 | | percent (266%) and financial penalties for child labor violations increased 1 |
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42 | 42 | | by six hundred percent (600%) for the same time; 2 |
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43 | 43 | | (4) When compared to surrounding states, Arkansas has some of 3 |
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44 | 44 | | the highest numbers of child labor cases investigated and child labor 4 |
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45 | 45 | | violations, as well as financial penalties assigned, according to data from 5 |
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46 | 46 | | the United States Department of Labor Wage and Hour Division; and 6 |
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47 | 47 | | (5) It is crucial for teenagers who are employed, as well as 7 |
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48 | 48 | | employers and parents, to understand legal requirements and regulations as it 8 |
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49 | 49 | | relates to allowable working hours and places of employment for children 9 |
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50 | 50 | | under the age of sixteen (16). 10 |
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51 | 51 | | 11 |
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52 | 52 | | SECTION 2. Arkansas Code § 11 -6-103(a)(1), concerning the civil penalty 12 |
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53 | 53 | | related to child labor violations as enacted by Initiated Act 1 of 1914, is 13 |
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54 | 54 | | amended to read as follows: 14 |
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55 | 55 | | (a)(1)(A) Any person, firm, corporation, partnership, association, 15 |
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56 | 56 | | parent, guardian, or custodian who employs or permits or suffers any child to 16 |
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57 | 57 | | be employed or to work in violation of this subchapter or §§ 11 -12-101 — 11-17 |
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58 | 58 | | 12-105, or any rules issued thereunder, shall be subject to a civil penalty 18 |
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59 | 59 | | of not less than one hundred dollars ($100) and not more than five thousand 19 |
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60 | 60 | | dollars ($5,000) for each violation. 20 |
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61 | 61 | | (B) A civil penalty under subdivision (a)(1)(A) of this 21 |
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62 | 62 | | section may be waived for a first -time violation if the person, firm, 22 |
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63 | 63 | | corporation, partnership, association, parent, guardian, or custodian subject 23 |
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64 | 64 | | to the civil penalty completes an educational module developed by the 24 |
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65 | 65 | | Department of Labor and Licensing under § 11 -6-117. 25 |
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66 | 66 | | 26 |
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67 | 67 | | SECTION 3. Arkansas Code Title 11, Chapter 6, Subchapter 1, is amended 27 |
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68 | 68 | | to add additional sections to read as follows: 28 |
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69 | 69 | | 11-6-117. Educational module related to child labor. 29 |
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70 | 70 | | (a) The Department of Labor and Licensing shall develop an educational 30 |
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71 | 71 | | module that shall be provided to a person, a firm, a corporation, a 31 |
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72 | 72 | | partnership, an association, a parent, a guardian, or a custodian subject to 32 |
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73 | 73 | | a first-time civil penalty under §11 -6-103(a)(1)(B). 33 |
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74 | 74 | | (b) The educational module under subsection (a) of this section shall 34 |
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75 | 75 | | include: 35 |
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76 | 76 | | (1) The requirements and prohibitions of the Fair Labor 36 HB1996 |
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79 | 79 | | Standards Act of 1938, 29 U.S.C. § 201, et seq., as it existed on January 1, 1 |
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80 | 80 | | 2025, specific to the employment of children under sixteen (16) years of age; 2 |
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81 | 81 | | (2) Regulations under 29 C.F.R. Part 570, as it existed on 3 |
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82 | 82 | | January 1, 2025, specific to the employment of children under sixteen (16) 4 |
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83 | 83 | | years of age; and 5 |
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84 | 84 | | (3) All state laws and rules governing the employment of 6 |
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85 | 85 | | children under sixteen (16) years of age. 7 |
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86 | 86 | | 8 |
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87 | 87 | | 11-6-118. Posting of educational signage. 9 |
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88 | 88 | | (a) Each public school, open -enrollment public charter school, and 10 |
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89 | 89 | | private school shall post in a conspicuous place near the entrance of the 11 |
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90 | 90 | | establishment, or where posters and notices of this type customarily are 12 |
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91 | 91 | | posted, a poster developed by the Department of Labor and Licensing in 13 |
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92 | 92 | | collaboration with the Department of Education. 14 |
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93 | 93 | | (b) The poster shall: 15 |
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94 | 94 | | (1) Measure at least eight and one -half inches by eleven inches 16 |
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95 | 95 | | (8 1/2" and 11") in size; 17 |
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96 | 96 | | (2) Be in a youth-friendly format and utilize age -appropriate 18 |
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97 | 97 | | language; 19 |
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98 | 98 | | (3) Include the requirements and prohibitions of the Fair Labor 20 |
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99 | 99 | | Standards Act of 1938, 29 U.S.C. § 201, et seq., as it existed on January 1, 21 |
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100 | 100 | | 2025, specific to the employment of children under the age of sixteen (16); 22 |
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101 | 101 | | (4) Include regulations under 29 C.F.R. Part 570, as it existed 23 |
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102 | 102 | | on January 1, 2025, specific to the employment of children under the age of 24 |
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103 | 103 | | sixteen (16); and 25 |
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104 | 104 | | (5) Provide information on all state laws and rules governing 26 |
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105 | 105 | | the employment of children under the age of sixteen (16). 27 |
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106 | 106 | | (c) The information required in subsection (b) of this section shall 28 |
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107 | 107 | | be printed in English, Spanish, and any other language mandated by the Voting 29 |
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108 | 108 | | Rights Act of 1965, 52 U.S.C. § 10503, as it existed on January 1, 2025, in 30 |
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109 | 109 | | the county where the school is located. 31 |
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110 | 110 | | (d) The poster required under this section shall be available on the 32 |
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111 | 111 | | websites of the following: 33 |
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112 | 112 | | (1) The Department of Labor and Licensing; and 34 |
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113 | 113 | | (2) The Department of Education. 35 |
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114 | 114 | | (e) To obtain a copy of the poster required under this section, the 36 HB1996 |
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117 | 117 | | administration of the public school, open -enrollment public charter school, 1 |
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118 | 118 | | or private school shall: 2 |
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119 | 119 | | (1) Print the poster from either of the websites listed under 3 |
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120 | 120 | | subsection (c) of this section; or 4 |
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121 | 121 | | (2) Request that the poster be mailed by the Department of Labor 5 |
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122 | 122 | | and Licensing or the Department of Education for the cost of printing and 6 |
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123 | 123 | | first-class postage. 7 |
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