Indiana 2024 Regular Session

Indiana House Bill HB1093 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1093.2
	2	+	March 1, 2024
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1093
	5	+	_____
	6	+	DIGEST OF HB 1093 (Updated February 29, 2024 9:46 am - DI 140)
	7	+	Citations Affected: IC 22-2.
	8	+	Synopsis: Employment of minors. Provides certain exemptions from
	9	+	the employment of minors law. Repeals a provision concerning
	10	+	conditions for the employment of a minor as a performer. Provides
	11	+	exemptions from certain hour and time restrictions for the employment
	12	+	of a minor who is at least 14 years of age and less than 16 years of age.
	13	+	Removes language providing that a minor who is at least 14 years of
	14	+	age and less than 16 years of age may only work until 7 p.m. on a day
	15	+	that precedes a school day from June 1 through Labor Day. Repeals
	16	+	provisions concerning hour and time restrictions for the employment
	17	+	of a minor who is at least 16 years of age and less than 18 years of age.
	18	+	Specifies that the prohibition on a minor from working in a hazardous
	19	+	occupation does not apply to a minor who is at least 16 years of age and
	20	+	less than 18 years of age who is employed in agriculture. Repeals a
	21	+	provision concerning restrictions on an employer who employs a minor
	22	+	to work after 10 p.m. and before 6 a.m. Makes corresponding changes.
	23	+	Effective: January 1, 2025.
	24	+	Culp, VanNatter, King, Lehman
	25	+	(SENATE SPONSORS — BUCHANAN, ROGERS, DORIOT)
	26	+	January 8, 2024, read first time and referred to Committee on Employment, Labor and
	27	+	Pensions.
	28	+	January 18, 2024, amended, reported — Do Pass.
	29	+	January 25, 2024, read second time, amended, ordered engrossed.
	30	+	January 26, 2024, engrossed.
	31	+	January 29, 2024, read third time, passed. Yeas 66, nays 31.
	32	+	SENATE ACTION
	33	+	February 5, 2024, read first time and referred to Committee on Pensions and Labor.
	34	+	February 22, 2024, amended, reported favorably — Do Pass; reassigned to Committee on
	35	+	Appropriations.
	36	+	February 29, 2024, reported favorably — Do Pass.
	37	+	EH 1093—LS 6239/DI 141 March 1, 2024
1	38		Second Regular Session of the 123rd General Assembly (2024)
2	39		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	40		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	41		additions will appear in this style type, and deletions will appear in this style type.
5	42		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	43		provision adopted), the text of the new provision will appear in this style type. Also, the
7	44		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	45		a new provision to the Indiana Code or the Indiana Constitution.
9	46		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	47		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1093
12		-	AN ACT to amend the Indiana Code concerning labor and safety.
	48	+	ENGROSSED
	49	+	HOUSE BILL No. 1093
	50	+	A BILL FOR AN ACT to amend the Indiana Code concerning labor
	51	+	and safety.
13	52		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 22-2-18.1-2, AS ADDED BY P.L.147-2020,
	53	+	1 SECTION 1. IC 22-2-18.1-2, AS ADDED BY P.L.147-2020,
	54	+	2 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	55	+	3 JANUARY 1, 2025]: Sec. 2. (a) This chapter does not apply to the
	56	+	4 following:
	57	+	5 (1) A:
	58	+	6 (A) parent who employs the parent's own child;
	59	+	7 (2) a (B) person standing in place of a parent who employs a
	60	+	8 child in the person's custody; or
	61	+	9 (3) a (C) legal entity whose ownership is limited to the parents
	62	+	10 in which a parent of the employed child or persons a person
	63	+	11 standing in place of the parent of the employed child has an
	64	+	12 ownership interest;
	65	+	13 except in the instances of underage employment (as set forth in
	66	+	14 section 12(a) of this chapter), employment during school hours
	67	+	15 (as set forth in section 12(b) of this chapter), and employment in
	68	+	16 hazardous occupations designated by federal law (as set forth in
	69	+	17 section 23 of this chapter).
	70	+	EH 1093—LS 6239/DI 141 2
	71	+	1 (b) This chapter does not apply to (2) A minor enrolled in a work
	72	+	2 based learning course (as defined in IC 20-43-8-0.7).
	73	+	3 (3) A minor employed as an actor or performer in:
	74	+	4 (A) motion pictures; or
	75	+	5 (B) theatrical, radio, or television productions.
	76	+	6 (4) A minor employed as a newspaper carrier.
	77	+	7 (5) A minor employed as a homeworker engaged in the
	78	+	8 making of evergreen wreaths, including the harvesting of the
	79	+	9 evergreens or other forest products used in making the
	80	+	10 wreaths.
	81	+	11 SECTION 2. IC 22-2-18.1-12, AS ADDED BY P.L.147-2020,
	82	+	12 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	83	+	13 JANUARY 1, 2025]: Sec. 12. (a) This subsection does not apply to a
	84	+	14 minor who is employed or works as a youth athletic program referee,
	85	+	15 umpire, or official under section 13 of this chapter. A minor less than:
	86	+	16 (1) fourteen (14) years of age may not be employed or allowed to
	87	+	17 work in any gainful occupation except as a farm laborer, domestic
	88	+	18 service worker, or caddie for persons playing the game of golf; or
	89	+	19 newspaper carrier; and
	90	+	20 (2) twelve (12) years of age may not be permitted to work at farm
	91	+	21 labor except on a farm operated by the minor's parent.
	92	+	22 (b) Except as provided in section 14 16(c) of this chapter, an
	93	+	23 employer may not employ or permit any minor less than sixteen (16)
	94	+	24 years of age to work in any occupation during school hours on a school
	95	+	25 day.
	96	+	26 SECTION 3. IC 22-2-18.1-14 IS REPEALED [EFFECTIVE
	97	+	27 JANUARY 1, 2025]. Sec. 14. This chapter may not prevent a minor of
	98	+	28 any age from singing, playing, or performing in a studio, circus,
	99	+	29 theatrical, or musical exhibition, concert, or festival, in radio and
	100	+	30 television broadcasts, or as a live or photographic model. A minor less
	101	+	31 than eighteen (18) years of age may not be employed except under the
	102	+	32 following conditions:
	103	+	33 (1) The activities described in this section must not:
	104	+	34 (A) be detrimental to the life, health, safety, or welfare of the
	105	+	35 minor; or
	106	+	36 (B) interfere with the schooling of the minor.
	107	+	37 Provision shall be made for education equivalent to full-time
	108	+	38 school attendance in the public schools for minors less than
	109	+	39 sixteen (16) years of age.
	110	+	40 (2) A parent shall accompany a minor less than sixteen (16) years
	111	+	41 of age at all rehearsals, appearances, and performances.
	112	+	42 (3) The employment or appearance may not be in a cabaret, dance
	113	+	EH 1093—LS 6239/DI 141 3
	114	+	1 hall, night club, tavern, or other similar place.
	115	+	2 SECTION 4. IC 22-2-18.1-16, AS ADDED BY P.L.147-2020,
	116	+	3 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	117	+	4 JANUARY 1, 2025]: Sec. 16. (a) Except as provided in subsection
	118	+	5 subsections (b) and (c), sections 17 through and 22 of this chapter
	119	+	6 apply only to the employment of a minor who is less than eighteen (18)
	120	+	7 sixteen (16) years of age.
	121	+	8 (b) Sections 17 through and 22 of this chapter do not apply to the
	122	+	9 following:
	123	+	10 (1) A minor who is at least fourteen (14) years of age but less than
	124	+	11 eighteen (18) sixteen (16) years of age who:
	125	+	12 (A) performs:
	126	+	13 (i) farm labor; or
	127	+	14 (ii) domestic service; or
	128	+	15 (B) acts as a
	129	+	16 (i) caddie for a person playing the game of golf; or
	130	+	17 (ii) newspaper carrier.
	131	+	18 (C) is employed to perform sports-attending services at
	132	+	19 professional sporting events as set forth in 29 CFR
	133	+	20 570.35(c)(2).
	134	+	21 (2) A minor who is:
	135	+	22 (A) at least twelve (12) years of age but less than eighteen (18)
	136	+	23 sixteen (16) years of age; and
	137	+	24 (B) employed or works as a youth athletic program referee,
	138	+	25 umpire, or official under section 13 of this chapter.
	139	+	26 (3) A minor less than eighteen (18) years of age who:
	140	+	27 (A) works as an actor or performer if the provisions of section
	141	+	28 14 of this chapter are met; or
	142	+	29 (B) has graduated from high school.
	143	+	30 (c) Sections 12(b), 17(2)(A), 17(2)(B), and 22 of this chapter do
	144	+	31 not apply to a minor who is at least fourteen (14) years of age and
	145	+	32 less than sixteen (16) years of age who:
	146	+	33 (1) has graduated from high school;
	147	+	34 (2) has completed grade 8, is excused from the compulsory
	148	+	35 school attendance requirements, and whose parent submits a
	149	+	36 statement in accordance with subsection (d);
	150	+	37 (3) has a child to support, is excused from the compulsory
	151	+	38 school attendance requirements, and whose parent submits a
	152	+	39 statement in accordance with subsection (d);
	153	+	40 (4) is subject to an order issued by a court that has
	154	+	41 jurisdiction over the minor that prohibits the minor from
	155	+	42 attending school; or
	156	+	EH 1093—LS 6239/DI 141 4
	157	+	1 (5) has been expelled from school and is not required to attend
	158	+	2 an alternative school or an alternative educational program.
	159	+	3 (d) To qualify for an exemption under subsection (c)(2) or (c)(3),
	160	+	4 the minor's parent must submit to the minor's current or
	161	+	5 prospective employer:
	162	+	6 (1) a signed statement from the parent declaring that the
	163	+	7 minor has been excused from the compulsory school
	164	+	8 attendance requirements; and
	165	+	9 (2) proof supporting the statement made under subdivision
	166	+	10 (1).
	167	+	11 SECTION 5. IC 22-2-18.1-17, AS ADDED BY P.L.147-2020,
	168	+	12 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	169	+	13 JANUARY 1, 2025]: Sec. 17. The following apply only to a minor who
	170	+	14 is at least fourteen (14) years of age and less than sixteen (16) years of
	171	+	15 age:
	172	+	16 (1) The minor may not work before 7 a.m. or after 7 p.m.
	173	+	17 However, except on a day that precedes a school day when the
	174	+	18 minor may only work until 7 p.m., the minor may work until 9
	175	+	19 p.m. from June 1 through Labor Day.
	176	+	20 (2) The minor may not work:
	177	+	21 (A) more than three (3) hours on a school day;
	178	+	22 (B) more than eighteen (18) hours in a school week;
	179	+	23 (C) more than eight (8) hours on a nonschool day; or
	180	+	24 (D) more than forty (40) hours in a nonschool week.
	181	+	25 SECTION 6. IC 22-2-18.1-18 IS REPEALED [EFFECTIVE
	182	+	26 JANUARY 1, 2025]. Sec. 18. A minor who is at least sixteen (16)
	183	+	27 years of age and less than eighteen (18) years of age may not:
	184	+	28 (1) work for more than nine (9) hours in any one (1) day;
	185	+	29 (2) work for more than forty (40) hours in a school week;
	186	+	30 (3) work for more than forty-eight (48) hours in a nonschool
	187	+	31 week;
	188	+	32 (4) work for more than six (6) days in any one (1) week; or
	189	+	33 (5) begin a work day before 6 a.m.
	190	+	34 SECTION 7. IC 22-2-18.1-19 IS REPEALED [EFFECTIVE
	191	+	35 JANUARY 1, 2025]. Sec. 19. A minor who is at least sixteen (16)
	192	+	36 years of age and less than eighteen (18) years of age may work until 10
	193	+	37 p.m. on nights that are followed by a school day in any occupation
	194	+	38 except those that the commissioner of labor determines to be:
	195	+	39 (1) dangerous to life or limb; or
	196	+	40 (2) injurious to health or morals.
	197	+	41 SECTION 8. IC 22-2-18.1-20 IS REPEALED [EFFECTIVE
	198	+	42 JANUARY 1, 2025]. Sec. 20. A minor who is at least sixteen (16)
	199	+	EH 1093—LS 6239/DI 141 5
	200	+	1 years of age and less than eighteen (18) years of age may work until 11
	201	+	2 p.m. on a night followed by a school day if the employer has obtained
	202	+	3 written permission from the minor's parent and placed the written
	203	+	4 permission on file in the employer's office.
	204	+	5 SECTION 9. IC 22-2-18.1-21 IS REPEALED [EFFECTIVE
	205	+	6 JANUARY 1, 2025]. Sec. 21. A minor who is at least sixteen (16)
	206	+	7 years of age and less than eighteen (18) years of age may be employed
	207	+	8 at the same daily and weekly hours and at the same times of day as
	208	+	9 adults if the minor is a member of any of the following categories:
	209	+	10 (1) The minor is a high school graduate.
	210	+	11 (2) The minor has completed an approved career and technical
	211	+	12 education program or special education program.
	212	+	13 (3) The minor is not enrolled in a regular school term.
	213	+	14 SECTION 10. IC 22-2-18.1-22, AS ADDED BY P.L.147-2020,
	214	+	15 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	215	+	16 JANUARY 1, 2025]: Sec. 22. Every employer that employs a minor at
	216	+	17 least fourteen (14) years of age and less than eighteen (18) sixteen (16)
	217	+	18 years of age shall post and keep posted a printed notice in a
	218	+	19 conspicuous place or in places where notices to employees are
	219	+	20 customarily posted. This notice must state:
	220	+	21 (1) the maximum number of hours a minor may be employed or
	221	+	22 permitted to work each day of the week; and
	222	+	23 (2) the hours of beginning and ending each day.
	223	+	24 The forms for this notice shall be furnished by the department.
	224	+	25 SECTION 11. IC 22-2-18.1-23, AS ADDED BY P.L.147-2020,
	225	+	26 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	226	+	27 JANUARY 1, 2025]: Sec. 23. (a) This section does not apply to a
	227	+	28 minor who is at least sixteen (16) years of age and less than
	228	+	29 eighteen (18) years of age who is employed in agriculture (as
	229	+	30 defined in Section 203(f) of the federal Fair Labor Standards Act
	230	+	31 of 1938, as amended (29 U.S.C. 201 et seq.)).
	231	+	32 (b) The department shall prohibit a minor who is less than eighteen
	232	+	33 (18) years of age from working in an occupation designated as
	233	+	34 hazardous by the child labor provisions of the federal Fair Labor
	234	+	35 Standards Act of 1938, as amended (29 U.S.C. 201 et seq.), except
	235	+	36 when the minor is working for the minor's parent or a person standing
	236	+	37 in the place of the minor's parent on a farm owned or operated by the
	237	+	38 parent or person.
	238	+	39 SECTION 12. IC 22-2-18.1-23.5 IS REPEALED [EFFECTIVE
	239	+	40 JANUARY 1, 2025]. Sec. 23.5. (a) This section does not provide an
	240	+	41 exception to the limit on the number of hours a minor is permitted to
	241	+	42 work under sections 17 through 20 of this chapter.
	242	+	EH 1093—LS 6239/DI 141 6
	243	+	1 (b) It is unlawful for an employer to permit a minor who is:
	244	+	2 (1) less than eighteen (18) years of age; and
	245	+	3 (2) employed by the employer;
	246	+	4 to work after 10 p.m. and before 6 a.m. in an establishment that is open
	247	+	5 to the public unless another employee at least eighteen (18) years of
	248	+	6 age also works in the establishment during the same hours as the
	249	+	7 minor.
	250	+	8 (c) The requirement for an employee who is at least eighteen (18)
	251	+	9 years of age to also work in the establishment under subsection (b)
	252	+	10 does not apply if the establishment does not open to the public until
	253	+	11 after 6 a.m. and closes to the public before 10 p.m.
	254	+	12 (d) A violation of subsection (b) is a hazardous occupation violation
	255	+	13 subject to section 30 of this chapter.
	256	+	14 SECTION 13. IC 22-2-18.1-30, AS ADDED BY P.L.147-2020,
	257	+	15 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	258	+	16 JANUARY 1, 2025]: Sec. 30. (a) An employer that violates this
	259	+	17 chapter may be assessed the civil penalties described in this section by
	260	+	18 the department.
	261	+	19 (b) For an hour violation of not more than thirty (30) minutes under
	262	+	20 sections section 17 through 20 of this chapter a violation of section
	263	+	21 18(4) of this chapter, or a posting violation under section 22 of this
	264	+	22 chapter the civil penalties are as follows:
	265	+	23 (1) A warning letter for any violations identified during an initial
	266	+	24 inspection.
	267	+	25 (2) Fifty dollars ($50) per instance for a second violation
	268	+	26 identified in a subsequent inspection.
	269	+	27 (3) Seventy-five dollars ($75) per instance for a third violation
	270	+	28 that is identified in a subsequent inspection.
	271	+	29 (4) One hundred dollars ($100) per instance for a fourth or
	272	+	30 subsequent violation that is identified in an inspection subsequent
	273	+	31 to the inspection under subdivision (3) and that occurs not more
	274	+	32 than two (2) years after a prior violation.
	275	+	33 (c) For a failure to register or failure to register the correct number
	276	+	34 of minors employed under section 26 of this chapter, an hour violation
	277	+	35 of more than thirty (30) minutes under sections section 17 through 20
	278	+	36 of this chapter, an age violation under section 12 or 14 of this chapter,
	279	+	37 each minor employed in violation of section 12(b) of this chapter, or a
	280	+	38 hazardous occupation violation under section 23 or 23.5 of this chapter
	281	+	39 the civil penalties are as follows:
	282	+	40 (1) A warning letter for any violations identified during an initial
	283	+	41 inspection.
	284	+	42 (2) One hundred dollars ($100) per instance for each violation
	285	+	EH 1093—LS 6239/DI 141 7
	286	+	1 identified in a subsequent inspection.
	287	+	2 (3) Two hundred dollars ($200) per instance for a third violation
	288	+	3 that is identified in a subsequent inspection.
	289	+	4 (4) Four hundred dollars ($400) per instance for a fourth or
	290	+	5 subsequent violation that is identified in an inspection subsequent
	291	+	6 to the inspection under subdivision (3) and that occurs not more
	292	+	7 than two (2) years after a prior violation.
	293	+	EH 1093—LS 6239/DI 141 8
	294	+	COMMITTEE REPORT
	295	+	Mr. Speaker: Your Committee on Employment, Labor and Pensions,
	296	+	to which was referred House Bill 1093, has had the same under
	297	+	consideration and begs leave to report the same back to the House with
	298	+	the recommendation that said bill be amended as follows:
	299	+	Page 3, delete lines 1 through 40, begin a new paragraph and insert:
	300	+	"SECTION 4. IC 22-2-18.1-16, AS ADDED BY P.L.147-2020,
15	301		SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16		-	JANUARY 1, 2025]: Sec. 2. (a) This chapter does not apply to the
17		-	following:
18		-	(1) A:
19		-	(A) parent who employs the parent's own child;
20		-	(2) a (B) person standing in place of a parent who employs a
21		-	child in the person's custody; or
22		-	(3) a (C) legal entity whose ownership is limited to the parents
23		-	in which a parent of the employed child or persons a person
24		-	standing in place of the parent of the employed child has an
25		-	ownership interest;
26		-	except in the instances of underage employment (as set forth in
27		-	section 12(a) of this chapter), employment during school hours
28		-	(as set forth in section 12(b) of this chapter), and employment in
29		-	hazardous occupations designated by federal law (as set forth in
30		-	section 23 of this chapter).
31		-	(b) This chapter does not apply to (2) A minor enrolled in a work
32		-	based learning course (as defined in IC 20-43-8-0.7).
33		-	(3) A minor employed as an actor or performer in:
34		-	(A) motion pictures; or
35		-	(B) theatrical, radio, or television productions.
36		-	HEA 1093 — Concur 2
37		-	(4) A minor employed as a newspaper carrier.
38		-	(5) A minor employed as a homeworker engaged in the
39		-	making of evergreen wreaths, including the harvesting of the
40		-	evergreens or other forest products used in making the
41		-	wreaths.
42		-	SECTION 2. IC 22-2-18.1-12, AS ADDED BY P.L.147-2020,
43		-	SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
44		-	JANUARY 1, 2025]: Sec. 12. (a) This subsection does not apply to a
45		-	minor who is employed or works as a youth athletic program referee,
46		-	umpire, or official under section 13 of this chapter. A minor less than:
47		-	(1) fourteen (14) years of age may not be employed or allowed to
48		-	work in any gainful occupation except as a farm laborer, domestic
49		-	service worker, or caddie for persons playing the game of golf; or
50		-	newspaper carrier; and
51		-	(2) twelve (12) years of age may not be permitted to work at farm
52		-	labor except on a farm operated by the minor's parent.
53		-	(b) Except as provided in section 14 16(c) of this chapter, an
54		-	employer may not employ or permit any minor less than sixteen (16)
55		-	years of age to work in any occupation during school hours on a school
56		-	day.
57		-	SECTION 3. IC 22-2-18.1-14 IS REPEALED [EFFECTIVE
58		-	JANUARY 1, 2025]. Sec. 14. This chapter may not prevent a minor of
59		-	any age from singing, playing, or performing in a studio, circus,
60		-	theatrical, or musical exhibition, concert, or festival, in radio and
61		-	television broadcasts, or as a live or photographic model. A minor less
62		-	than eighteen (18) years of age may not be employed except under the
63		-	following conditions:
64		-	(1) The activities described in this section must not:
65		-	(A) be detrimental to the life, health, safety, or welfare of the
66		-	minor; or
67		-	(B) interfere with the schooling of the minor.
68		-	Provision shall be made for education equivalent to full-time
69		-	school attendance in the public schools for minors less than
70		-	sixteen (16) years of age.
71		-	(2) A parent shall accompany a minor less than sixteen (16) years
72		-	of age at all rehearsals, appearances, and performances.
73		-	(3) The employment or appearance may not be in a cabaret, dance
74		-	hall, night club, tavern, or other similar place.
75		-	SECTION 4. IC 22-2-18.1-16, AS ADDED BY P.L.147-2020,
76		-	SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
77		-	JANUARY 1, 2025]: Sec. 16. (a) Except as provided in subsection
	302	+	JULY 1, 2024]: Sec. 16. (a) Except as provided in subsection
78	303		subsections (b) and (c), sections 17 through and 22 of this chapter
79		-	HEA 1093 — Concur 3
80	304		apply only to the employment of a minor who is less than eighteen (18)
81	305		sixteen (16) years of age.
82	306		(b) Sections 17 through and 22 of this chapter do not apply to the
83	307		following:
84	308		(1) A minor who is at least fourteen (14) years of age but less than
85	309		eighteen (18) sixteen (16) years of age who:
86	310		(A) performs:
87	311		(i) farm labor; or
88	312		(ii) domestic service; or
89	313		(B) acts as a
90	314		(i) caddie for a person playing the game of golf; or
91	315		(ii) newspaper carrier.
92	316		(C) is employed to perform sports-attending services at
93	317		professional sporting events as set forth in 29 CFR
94	318		570.35(c)(2).
95	319		(2) A minor who is:
96	320		(A) at least twelve (12) years of age but less than eighteen (18)
97	321		sixteen (16) years of age; and
98	322		(B) employed or works as a youth athletic program referee,
99	323		umpire, or official under section 13 of this chapter.
100	324		(3) A minor less than eighteen (18) years of age who:
101	325		(A) works as an actor or performer if the provisions of section
102	326		14 of this chapter are met; or
103	327		(B) has graduated from high school.
104	328		(c) Sections 12(b), 17(2)(A), 17(2)(B), and 22 of this chapter do
105	329		not apply to a minor who is at least fourteen (14) years of age and
106	330		less than sixteen (16) years of age who:
107	331		(1) has graduated from high school;
108	332		(2) has completed grade 8, is excused from the compulsory
109	333		school attendance requirements, and whose parent submits a
110	334		statement in accordance with subsection (d);
111	335		(3) has a child to support, is excused from the compulsory
	336	+	EH 1093—LS 6239/DI 141 9
112	337		school attendance requirements, and whose parent submits a
113	338		statement in accordance with subsection (d);
114	339		(4) is subject to an order issued by a court that has
115	340		jurisdiction over the minor that prohibits the minor from
116	341		attending school; or
117	342		(5) has been expelled from school and is not required to attend
118	343		an alternative school or an alternative educational program.
119	344		(d) To qualify for an exemption under subsection (c)(2) or (c)(3),
120	345		the minor's parent must submit to the minor's current or
121	346		prospective employer:
122		-	HEA 1093 — Concur 4
123	347		(1) a signed statement from the parent declaring that the
124	348		minor has been excused from the compulsory school
125	349		attendance requirements; and
126	350		(2) proof supporting the statement made under subdivision
127		-	(1).
128		-	SECTION 5. IC 22-2-18.1-17, AS ADDED BY P.L.147-2020,
	351	+	(1).".
	352	+	Renumber all SECTIONS consecutively.
	353	+	and when so amended that said bill do pass.
	354	+	(Reference is to HB 1093 as introduced.)
	355	+	VANNATTER
	356	+	Committee Vote: yeas 8, nays 3.
	357	+	_____
	358	+	HOUSE MOTION
	359	+	Mr. Speaker: I move that House Bill 1093 be amended to read as
	360	+	follows:
	361	+	Replace the effective dates in SECTIONS 1 through 13 with
	362	+	"[EFFECTIVE JANUARY 1, 2025]".
	363	+	Page 5, line 27, delete "performs farm labor." and insert "is
	364	+	employed in agriculture (as defined in Section 203(f) of the federal
	365	+	Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et
	366	+	seq.)).".
	367	+	(Reference is to HB 1093 as printed January 18, 2024.)
	368	+	CULP
	369	+	EH 1093—LS 6239/DI 141 10
	370	+	COMMITTEE REPORT
	371	+	Madam President: The Senate Committee on Pensions and Labor,
	372	+	to which was referred House Bill No. 1093, has had the same under
	373	+	consideration and begs leave to report the same back to the Senate with
	374	+	the recommendation that said bill be AMENDED as follows:
	375	+	Page 1, delete lines 1 through 17.
	376	+	Page 2, delete lines 1 through 9, begin a new paragraph and insert:
	377	+	"SECTION 1. IC 22-2-18.1-2, AS ADDED BY P.L.147-2020,
129	378		SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
130		-	JANUARY 1, 2025]: Sec. 17. The following apply only to a minor who
131		-	is at least fourteen (14) years of age and less than sixteen (16) years of
132		-	age:
133		-	(1) The minor may not work before 7 a.m. or after 7 p.m.
134		-	However, except on a day that precedes a school day when the
135		-	minor may only work until 7 p.m., the minor may work until 9
136		-	p.m. from June 1 through Labor Day.
137		-	(2) The minor may not work:
138		-	(A) more than three (3) hours on a school day;
139		-	(B) more than eighteen (18) hours in a school week;
140		-	(C) more than eight (8) hours on a nonschool day; or
141		-	(D) more than forty (40) hours in a nonschool week.
142		-	SECTION 6. IC 22-2-18.1-18 IS REPEALED [EFFECTIVE
143		-	JANUARY 1, 2025]. Sec. 18. A minor who is at least sixteen (16)
144		-	years of age and less than eighteen (18) years of age may not:
145		-	(1) work for more than nine (9) hours in any one (1) day;
146		-	(2) work for more than forty (40) hours in a school week;
147		-	(3) work for more than forty-eight (48) hours in a nonschool
148		-	week;
149		-	(4) work for more than six (6) days in any one (1) week; or
150		-	(5) begin a work day before 6 a.m.
151		-	SECTION 7. IC 22-2-18.1-19 IS REPEALED [EFFECTIVE
152		-	JANUARY 1, 2025]. Sec. 19. A minor who is at least sixteen (16)
153		-	years of age and less than eighteen (18) years of age may work until 10
154		-	p.m. on nights that are followed by a school day in any occupation
155		-	except those that the commissioner of labor determines to be:
156		-	(1) dangerous to life or limb; or
157		-	(2) injurious to health or morals.
158		-	SECTION 8. IC 22-2-18.1-20 IS REPEALED [EFFECTIVE
159		-	JANUARY 1, 2025]. Sec. 20. A minor who is at least sixteen (16)
160		-	years of age and less than eighteen (18) years of age may work until 11
161		-	p.m. on a night followed by a school day if the employer has obtained
162		-	written permission from the minor's parent and placed the written
163		-	permission on file in the employer's office.
164		-	SECTION 9. IC 22-2-18.1-21 IS REPEALED [EFFECTIVE
165		-	HEA 1093 — Concur 5
166		-	JANUARY 1, 2025]. Sec. 21. A minor who is at least sixteen (16)
167		-	years of age and less than eighteen (18) years of age may be employed
168		-	at the same daily and weekly hours and at the same times of day as
169		-	adults if the minor is a member of any of the following categories:
170		-	(1) The minor is a high school graduate.
171		-	(2) The minor has completed an approved career and technical
172		-	education program or special education program.
173		-	(3) The minor is not enrolled in a regular school term.
174		-	SECTION 10. IC 22-2-18.1-22, AS ADDED BY P.L.147-2020,
175		-	SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
176		-	JANUARY 1, 2025]: Sec. 22. Every employer that employs a minor at
177		-	least fourteen (14) years of age and less than eighteen (18) sixteen (16)
178		-	years of age shall post and keep posted a printed notice in a
179		-	conspicuous place or in places where notices to employees are
180		-	customarily posted. This notice must state:
181		-	(1) the maximum number of hours a minor may be employed or
182		-	permitted to work each day of the week; and
183		-	(2) the hours of beginning and ending each day.
184		-	The forms for this notice shall be furnished by the department.
185		-	SECTION 11. IC 22-2-18.1-23, AS ADDED BY P.L.147-2020,
186		-	SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
187		-	JANUARY 1, 2025]: Sec. 23. (a) This section does not apply to a
188		-	minor who is at least sixteen (16) years of age and less than
189		-	eighteen (18) years of age who is employed in agriculture (as
190		-	defined in Section 203(f) of the federal Fair Labor Standards Act
191		-	of 1938, as amended (29 U.S.C. 201 et seq.)).
192		-	(b) The department shall prohibit a minor who is less than eighteen
193		-	(18) years of age from working in an occupation designated as
194		-	hazardous by the child labor provisions of the federal Fair Labor
195		-	Standards Act of 1938, as amended (29 U.S.C. 201 et seq.), except
196		-	when the minor is working for the minor's parent or a person standing
197		-	in the place of the minor's parent on a farm owned or operated by the
198		-	parent or person.
199		-	SECTION 12. IC 22-2-18.1-23.5 IS REPEALED [EFFECTIVE
200		-	JANUARY 1, 2025]. Sec. 23.5. (a) This section does not provide an
201		-	exception to the limit on the number of hours a minor is permitted to
202		-	work under sections 17 through 20 of this chapter.
203		-	(b) It is unlawful for an employer to permit a minor who is:
204		-	(1) less than eighteen (18) years of age; and
205		-	(2) employed by the employer;
206		-	to work after 10 p.m. and before 6 a.m. in an establishment that is open
207		-	to the public unless another employee at least eighteen (18) years of
208		-	HEA 1093 — Concur 6
209		-	age also works in the establishment during the same hours as the
210		-	minor.
211		-	(c) The requirement for an employee who is at least eighteen (18)
212		-	years of age to also work in the establishment under subsection (b)
213		-	does not apply if the establishment does not open to the public until
214		-	after 6 a.m. and closes to the public before 10 p.m.
215		-	(d) A violation of subsection (b) is a hazardous occupation violation
216		-	subject to section 30 of this chapter.
217		-	SECTION 13. IC 22-2-18.1-30, AS ADDED BY P.L.147-2020,
218		-	SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
219		-	JANUARY 1, 2025]: Sec. 30. (a) An employer that violates this
220		-	chapter may be assessed the civil penalties described in this section by
221		-	the department.
222		-	(b) For an hour violation of not more than thirty (30) minutes under
223		-	sections section 17 through 20 of this chapter a violation of section
224		-	18(4) of this chapter, or a posting violation under section 22 of this
225		-	chapter the civil penalties are as follows:
226		-	(1) A warning letter for any violations identified during an initial
227		-	inspection.
228		-	(2) Fifty dollars ($50) per instance for a second violation
229		-	identified in a subsequent inspection.
230		-	(3) Seventy-five dollars ($75) per instance for a third violation
231		-	that is identified in a subsequent inspection.
232		-	(4) One hundred dollars ($100) per instance for a fourth or
233		-	subsequent violation that is identified in an inspection subsequent
234		-	to the inspection under subdivision (3) and that occurs not more
235		-	than two (2) years after a prior violation.
236		-	(c) For a failure to register or failure to register the correct number
237		-	of minors employed under section 26 of this chapter, an hour violation
238		-	of more than thirty (30) minutes under sections section 17 through 20
239		-	of this chapter, an age violation under section 12 or 14 of this chapter,
240		-	each minor employed in violation of section 12(b) of this chapter, or a
241		-	hazardous occupation violation under section 23 or 23.5 of this chapter
242		-	the civil penalties are as follows:
243		-	(1) A warning letter for any violations identified during an initial
244		-	inspection.
245		-	(2) One hundred dollars ($100) per instance for each violation
246		-	identified in a subsequent inspection.
247		-	(3) Two hundred dollars ($200) per instance for a third violation
248		-	that is identified in a subsequent inspection.
249		-	(4) Four hundred dollars ($400) per instance for a fourth or
250		-	subsequent violation that is identified in an inspection subsequent
251		-	HEA 1093 — Concur 7
252		-	to the inspection under subdivision (3) and that occurs not more
253		-	than two (2) years after a prior violation.
254		-	HEA 1093 — Concur Speaker of the House of Representatives
255		-	President of the Senate
256		-	President Pro Tempore
257		-	Governor of the State of Indiana
258		-	Date: Time:
259		-	HEA 1093 — Concur
	379	+	JANUARY 1, 2025]: Sec. 2. (a) This chapter does not apply to the
	380	+	following:
	381	+	(1) A:
	382	+	(A) parent who employs the parent's own child;
	383	+	(2) a (B) person standing in place of a parent who employs a
	384	+	child in the person's custody; or
	385	+	(3) a (C) legal entity whose ownership is limited to the parents
	386	+	in which a parent of the employed child or persons a person
	387	+	standing in place of the parent of the employed child has an
	388	+	ownership interest;
	389	+	except in the instances of underage employment (as set forth in
	390	+	section 12(a) of this chapter), employment during school hours
	391	+	(as set forth in section 12(b) of this chapter), and employment in
	392	+	hazardous occupations designated by federal law (as set forth in
	393	+	section 23 of this chapter).
	394	+	(b) This chapter does not apply to (2) A minor enrolled in a work
	395	+	based learning course (as defined in IC 20-43-8-0.7).
	396	+	(3) A minor employed as an actor or performer in:
	397	+	(A) motion pictures; or
	398	+	(B) theatrical, radio, or television productions.
	399	+	(4) A minor employed as a newspaper carrier.
	400	+	(5) A minor employed as a homeworker engaged in the
	401	+	making of evergreen wreaths, including the harvesting of the
	402	+	evergreens or other forest products used in making the
	403	+	wreaths.".
	404	+	Renumber all SECTIONS consecutively.
	405	+	and when so amended that said bill do pass and be reassigned to the
	406	+	Senate Committee on Appropriations.
	407	+	(Reference is to HB 1093 as reprinted January 26, 2024.)
	408	+	ROGERS, Chairperson
	409	+	EH 1093—LS 6239/DI 141 11
	410	+	Committee Vote: Yeas 7, Nays 3.
	411	+	_____
	412	+	COMMITTEE REPORT
	413	+	Madam President: The Senate Committee on Appropriations, to
	414	+	which was referred Engrossed House Bill No. 1093, has had the same
	415	+	under consideration and begs leave to report the same back to the
	416	+	Senate with the recommendation that said bill DO PASS.
	417	+	(Reference is to EHB 1093 as printed February 23, 2024.)
	418	+
	419	+	MISHLER, Chairperson
	420	+	Committee Vote: Yeas 9, Nays 4
	421	+	EH 1093—LS 6239/DI 141