*ES0146.1*
February 15, 2024
ENGROSSED
SENATE BILL No. 146
_____
DIGEST OF SB 146 (Updated February 15, 2024 10:53 am - DI 141)
Citations Affected: IC 7.1-5; IC 22-2; noncode.
Synopsis: Youth employment. Allows a person who is at least 18
years of age to ring up a sale of alcoholic beverages in the course of the
person's employment. Allows a waiter, waitress, or server who is at
least 18 years of age to serve alcoholic beverages in a dining room of
a restaurant or hotel under certain conditions. Provides certain
exemptions from the employment of minors law. Provides, for purposes
of the reporting requirement applicable to an employer that employs a
specified number of minors, that: (1) a minor's date of hire is the first
date on which the minor performs work for the employer; and (2) an
employer must report any new or changed information not later than
the fifteenth and last business days of each month. Provides that a civil
penalty for a violation of certain provisions regarding the employment
of minors may not be assessed for a violation of 10 minutes or less.
Effective: Upon passage; July 1, 2024; January 1, 2025.
Rogers, Buchanan, Doriot, Alting,
Donato, Koch, Byrne, Vinzant
(HOUSE SPONSORS — CULP, VANNATTER, MANNING, KING)
January 8, 2024, read first time and referred to Committee on Commerce and Technology.
January 25, 2024, amended, reported favorably — Do Pass.
February 5, 2024, read second time, amended, ordered engrossed.
February 6, 2024, engrossed. Read third time, passed. Yeas 35, nays 13.
HOUSE ACTION
February 12, 2024, read first time and referred to Committee on Employment, Labor and
Pensions.
February 15, 2024, amended, reported — Do Pass.
ES 146—LS 6693/DI 141 February 15, 2024
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 146
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and safety.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 7.1-5-7-13, AS AMENDED BY P.L.270-2017,
2 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 13. (a) Section 12 of this chapter does not prohibit
4 the following:
5 (1) The employment of a person at least eighteen (18) years of age
6 but less than twenty-one (21) years of age on or about licensed
7 premises where alcoholic beverages are sold, furnished, or given
8 away for consumption either on or off the licensed premises, for
9 a purpose other than:
10 (A) selling;
11 (B) furnishing, other than serving;
12 (C) consuming; or
13 (D) otherwise dealing in;
14 alcoholic beverages.
15 (2) A person at least nineteen (19) eighteen (18) years of age but
16 less than twenty-one (21) years of age from ringing up a sale of
17 alcoholic beverages in the course of the person's employment.
ES 146—LS 6693/DI 141 2
1 (3) A person who is at least nineteen (19) eighteen (18) years of
2 age but less than twenty-one (21) years of age and who has
3 successfully completed an alcohol server training program
4 certified under IC 7.1-3-1.5 from serving alcoholic beverages in
5 a dining area or family room of a restaurant or hotel:
6 (A) in the course of a person's employment as a waiter,
7 waitress, or server; and
8 (B) under the supervision of a person who:
9 (i) is at least twenty-one (21) years of age;
10 (ii) is present at the restaurant or hotel; and
11 (iii) has successfully completed an alcohol server training
12 program certified under IC 7.1-3-1.5 by the commission.
13 This subdivision does not allow a person at least nineteen (19)
14 eighteen (18) years of age but less than twenty-one (21) years of
15 age to be a bartender.
16 (4) The employment of a person at least eighteen (18) years of age
17 but less than twenty-one (21) years of age on or about licensed
18 premises where alcoholic beverages are sold, furnished, or given
19 away for consumption either on or off the licensed premises if all
20 the following apply:
21 (A) The person is employed as an assistant on a delivery truck.
22 (B) The person's duties with respect to alcoholic beverages are
23 limited to handling alcoholic beverages in connection with the
24 loading, unloading, stowing, or storing of alcoholic beverages
25 that are being delivered or picked up.
26 (C) The person does not sell, furnish, or deal in alcoholic
27 beverages in any manner except as expressly permitted under
28 clause (B).
29 (D) The person acts under the supervision of a driver holding
30 a salesman's permit.
31 (E) The person does not collect money for the delivery or pick
32 up.
33 (b) This chapter does not prohibit a person less than twenty-one (21)
34 years of age from being on the premises of a brewery under
35 IC 7.1-3-2-7(5), a farm winery, including any additional locations of
36 the farm winery under IC 7.1-3-12-5, or an artisan distillery under
37 IC 7.1-3-27-5, if the person is:
38 (1) the child, stepchild, grandchild, nephew, or niece of an owner
39 of the:
40 (A) brewery;
41 (B) farm winery; or
42 (C) artisan distiller; and
ES 146—LS 6693/DI 141 3
1 (2) employed on the premises for a purpose other than:
2 (A) selling;
3 (B) furnishing, other than serving;
4 (C) consuming; or
5 (D) otherwise dealing in;
6 alcoholic beverages.
7 A minor described in this subsection is not required to be accompanied
8 by a parent, legal guardian or custodian, or family member who is at
9 least twenty-one (21) years of age while on the premises of the brewery
10 or farm winery.
11 SECTION 2. IC 22-2-18.1-2, AS ADDED BY P.L.147-2020,
12 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JANUARY 1, 2025]: Sec. 2. (a) This chapter does not apply to the
14 following:
15 (1) A:
16 (A) parent who employs the parent's own child;
17 (2) a (B) person standing in place of a parent who employs a
18 child in the person's custody; or
19 (3) a (C) legal entity whose ownership is limited to the parents
20 in which a parent of the employed child or persons a person
21 standing in place of the parent of the employed child has an
22 ownership interest;
23 except in the instances of underage employment (as set forth in
24 section 12(a) of this chapter), employment during school hours
25 (as set forth in section 12(b) of this chapter), and employment in
26 hazardous occupations designated by federal law (as set forth in
27 section 23 of this chapter).
28 (b) This chapter does not apply to (2) A minor enrolled in a work
29 based learning course (as defined in IC 20-43-8-0.7).
30 (3) A minor employed as an actor or performer in:
31 (A) motion pictures; or
32 (B) theatrical, radio, or television productions.
33 (4) A minor employed as a newspaper carrier.
34 (5) A minor employed as a homeworker engaged in the
35 making of evergreen wreaths, including the harvesting of the
36 evergreens or other forest products used in making the
37 wreaths.
38 SECTION 3. IC 22-2-18.1-26, AS ADDED BY P.L.147-2020,
39 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JANUARY 1, 2025]: Sec. 26. (a) Each employer that hires, employs,
41 or permits at least five (5) minors who are:
42 (1) at least fourteen (14) years of age; and
ES 146—LS 6693/DI 141 4
1 (2) less than eighteen (18) years of age;
2 to work in a gainful occupation must register with the department.
3 (b) An employer that must register under this chapter must provide,
4 in the form and manner prescribed by the department, the following
5 information:
6 (1) The name of the employer.
7 (2) The electronic mail address of the employer.
8 (3) The number of minors whom the employer has hired,
9 employed, or permitted to work in a gainful occupation. For
10 purposes of this subdivision, the minor's date of hire is the
11 first date on which the minor performs work for the
12 employer.
13 (4) Any other information required by the department.
14 (c) On or before the fifteenth and last business day of each
15 month, an employer that must register under this chapter shall
16 enter any new or changed information regarding:
17 (1) a qualifying location; and
18 (2) the names and numbers of minors at each qualifying
19 location.
20 SECTION 4. IC 22-2-18.1-30, AS ADDED BY P.L.147-2020,
21 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 UPON PASSAGE]: Sec. 30. (a) An employer that violates this chapter
23 may be assessed the civil penalties described in this section by the
24 department.
25 (b) For an hour violation of not more than thirty (30) minutes under
26 sections 17 through 20 of this chapter, a violation of section 18(4) of
27 this chapter, or a posting violation under section 22 of this chapter the
28 civil penalties are as follows:
29 (1) A warning letter for any violations identified during an initial
30 inspection.
31 (2) Fifty dollars ($50) per instance for a second violation
32 identified in a subsequent inspection.
33 (3) Seventy-five dollars ($75) per instance for a third violation
34 that is identified in a subsequent inspection.
35 (4) One hundred dollars ($100) per instance for a fourth or
36 subsequent violation that is identified in an inspection subsequent
37 to the inspection under subdivision (3) and that occurs not more
38 than two (2) years after a prior violation.
39 A civil penalty may not be assessed under this subsection for a
40 violation of ten (10) minutes or less.
41 (c) For a failure to register or failure to register the correct number
42 of minors employed under section 26 of this chapter, an hour violation
ES 146—LS 6693/DI 141 5
1 of more than thirty (30) minutes under sections 17 through 20 of this
2 chapter, an age violation under section 12 or 14 of this chapter, each
3 minor employed in violation of section 12(b) of this chapter, or a
4 hazardous occupation violation under section 23 or 23.5 of this chapter
5 the civil penalties are as follows:
6 (1) A warning letter for any violations identified during an initial
7 inspection.
8 (2) One hundred dollars ($100) per instance for each violation
9 identified in a subsequent inspection.
10 (3) Two hundred dollars ($200) per instance for a third violation
11 that is identified in a subsequent inspection.
12 (4) Four hundred dollars ($400) per instance for a fourth or
13 subsequent violation that is identified in an inspection subsequent
14 to the inspection under subdivision (3) and that occurs not more
15 than two (2) years after a prior violation.
16 SECTION 5. [EFFECTIVE JULY 1, 2024] (a) The department of
17 labor shall adopt rules under IC 4-22-2 to amend 610 IAC 10-5-4
18 to conform with IC 22-2-18.1-26, as amended by this act.
19 (b) This SECTION expires July 1, 2025.
20 SECTION 6. An emergency is declared for this act.
ES 146—LS 6693/DI 141 6
COMMITTEE REPORT
Madam President: The Senate Committee on Commerce and
Technology, to which was referred Senate Bill No. 146, has had the
same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 3, delete lines 28 through 42, begin a new paragraph and
insert:
"SECTION 3. IC 22-2-18.1-17, AS ADDED BY P.L.147-2020,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 17. The following apply only to a minor who is at
least fourteen (14) years of age and less than sixteen (16) years of age:
(1) Except as provided in subdivisions (2) and (3), the minor
may not work before 7 a.m. or after 7 p.m.
(2) However, except on a day that precedes a school day when the
minor may only work until 7 p.m., The minor may work until 9
p.m. from June 1 through Labor Day. if the minor's parent
provides the minor's employer with written consent for the
minor to work later than 7 p.m.
(3) The minor may work until 11 p.m. if:
(A) the minor is not required to attend school the next day;
and
(B) the minor's parent provides the minor's employer with
written consent for the minor to work later than 9 p.m.
(2) (4) The minor may not work:
(A) more than three (3) six (6) hours on a school day;
(B) more than eighteen (18) twenty-eight (28) hours in a
school week;
(C) more than eight (8) hours on a nonschool day; or
(D) more than forty (40) hours in a nonschool week.".
Delete page 4.
Page 5, delete lines 1 through 20.
Page 5, line 35, delete "the first day that a minor starts" and insert
"the minor's date of hire is the first date on which the minor
performs work for the employer.".
Page 5, delete lines 36 through 37.
Page 5, line 41, delete "update any change in" and insert "enter any
new or changed".
Page 6, delete lines 3 through 29.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
ES 146—LS 6693/DI 141 7
(Reference is to SB 146 as introduced.)
BUCHANAN, Chairperson
Committee Vote: Yeas 9, Nays 1.
_____
SENATE MOTION
Madam President: I move that Senate Bill 146 be amended to read
as follows:
Page 4, between lines 31 and 32, begin a new paragraph and insert:
"SECTION 5. IC 22-2-18.1-30, AS ADDED BY P.L.147-2020,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 30. (a) An employer that violates this chapter
may be assessed the civil penalties described in this section by the
department.
(b) For an hour violation of not more than thirty (30) minutes under
sections 17 through 20 of this chapter, a violation of section 18(4) of
this chapter, or a posting violation under section 22 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 that occurs not more
than two (2) years after a prior violation.
A civil penalty may not be assessed under this subsection for a
violation of ten (10) minutes or less.
(c) For a failure to register or failure to register the correct number
of minors employed under section 26 of this chapter, an hour violation
of more than thirty (30) minutes under sections 17 through 20 of this
chapter, an age violation under section 12 or 14 of this chapter, each
minor employed in violation of section 12(b) of this chapter, or a
hazardous occupation violation under section 23 or 23.5 of this chapter
the civil penalties are as follows:
(1) A warning letter for any violations identified during an initial
ES 146—LS 6693/DI 141 8
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 that occurs not more
than two (2) years after a prior violation.".
Page 4, after line 35, begin a new paragraph and insert:
"SECTION 7. An emergency is declared for this act.".
Renumber all SECTIONS consecutively.
(Reference is to SB 146 as printed January 26, 2024.)
GARTEN
_____
SENATE MOTION
Madam President: I move that Senate Bill 146 be amended to read
as follows:
Page 3, delete lines 28 through 42.
Page 4, delete lines 1 through 7.
Renumber all SECTIONS consecutively.
(Reference is to SB 146 as printed January 26, 2024.)
HUNLEY
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Employment, Labor and Pensions,
to which was referred Senate Bill 146, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Replace the effective date in SECTION 3 with "[EFFECTIVE
JANUARY 1, 2025]".
Page 3, delete lines 11 through 27, begin a new paragraph and
insert:
"SECTION 2. IC 22-2-18.1-2, AS ADDED BY P.L.147-2020,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
ES 146—LS 6693/DI 141 9
JANUARY 1, 2025]: Sec. 2. (a) This chapter does not apply to the
following:
(1) A:
(A) parent who employs the parent's own child;
(2) a (B) person standing in place of a parent who employs a
child in the person's custody; or
(3) a (C) legal entity whose ownership is limited to the parents
in which a parent of the employed child or persons a person
standing in place of the parent of the employed child has an
ownership interest;
except in the instances of underage employment (as set forth in
section 12(a) of this chapter), employment during school hours
(as set forth in section 12(b) of this chapter), and employment in
hazardous occupations designated by federal law (as set forth in
section 23 of this chapter).
(b) This chapter does not apply to (2) A minor enrolled in a work
based learning course (as defined in IC 20-43-8-0.7).
(3) A minor employed as an actor or performer in:
(A) motion pictures; or
(B) theatrical, radio, or television productions.
(4) A minor employed as a newspaper carrier.
(5) A minor employed as a homeworker engaged in the
making of evergreen wreaths, including the harvesting of the
evergreens or other forest products used in making the
wreaths.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 146 as reprinted February 6, 2024.)
VANNATTER
Committee Vote: yeas 12, nays 0.
ES 146—LS 6693/DI 141