Indiana 2024 Regular Session

Indiana Senate Bill SB0146 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0146.1
	2	+	February 15, 2024
	3	+	ENGROSSED
	4	+	SENATE BILL No. 146
	5	+	_____
	6	+	DIGEST OF SB 146 (Updated February 15, 2024 10:53 am - DI 141)
	7	+	Citations Affected: IC 7.1-5; IC 22-2; noncode.
	8	+	Synopsis: Youth employment. Allows a person who is at least 18
	9	+	years of age to ring up a sale of alcoholic beverages in the course of the
	10	+	person's employment. Allows a waiter, waitress, or server who is at
	11	+	least 18 years of age to serve alcoholic beverages in a dining room of
	12	+	a restaurant or hotel under certain conditions. Provides certain
	13	+	exemptions from the employment of minors law. Provides, for purposes
	14	+	of the reporting requirement applicable to an employer that employs a
	15	+	specified number of minors, that: (1) a minor's date of hire is the first
	16	+	date on which the minor performs work for the employer; and (2) an
	17	+	employer must report any new or changed information not later than
	18	+	the fifteenth and last business days of each month. Provides that a civil
	19	+	penalty for a violation of certain provisions regarding the employment
	20	+	of minors may not be assessed for a violation of 10 minutes or less.
	21	+	Effective: Upon passage; July 1, 2024; January 1, 2025.
	22	+	Rogers, Buchanan, Doriot, Alting,
	23	+	Donato, Koch, Byrne, Vinzant
	24	+	(HOUSE SPONSORS — CULP, VANNATTER, MANNING, KING)
	25	+	January 8, 2024, read first time and referred to Committee on Commerce and Technology.
	26	+	January 25, 2024, amended, reported favorably — Do Pass.
	27	+	February 5, 2024, read second time, amended, ordered engrossed.
	28	+	February 6, 2024, engrossed. Read third time, passed. Yeas 35, nays 13.
	29	+	HOUSE ACTION
	30	+	February 12, 2024, read first time and referred to Committee on Employment, Labor and
	31	+	Pensions.
	32	+	February 15, 2024, amended, reported — Do Pass.
	33	+	ES 146—LS 6693/DI 141 February 15, 2024
1	34		Second Regular Session of the 123rd General Assembly (2024)
2	35		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	36		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	37		additions will appear in this style type, and deletions will appear in this style type.
5	38		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	39		provision adopted), the text of the new provision will appear in this style type. Also, the
7	40		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	41		a new provision to the Indiana Code or the Indiana Constitution.
9	42		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	43		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 146
12		-	AN ACT to amend the Indiana Code concerning labor and safety.
	44	+	ENGROSSED
	45	+	SENATE BILL No. 146
	46	+	A BILL FOR AN ACT to amend the Indiana Code concerning labor
	47	+	and safety.
13	48		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 7.1-5-7-13, AS AMENDED BY P.L.270-2017,
15		-	SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16		-	JULY 1, 2024]: Sec. 13. (a) Section 12 of this chapter does not prohibit
17		-	the following:
18		-	(1) The employment of a person at least eighteen (18) years of age
19		-	but less than twenty-one (21) years of age on or about licensed
20		-	premises where alcoholic beverages are sold, furnished, or given
21		-	away for consumption either on or off the licensed premises, for
22		-	a purpose other than:
23		-	(A) selling;
24		-	(B) furnishing, other than serving;
25		-	(C) consuming; or
26		-	(D) otherwise dealing in;
27		-	alcoholic beverages.
28		-	(2) A person at least nineteen (19) eighteen (18) years of age but
29		-	less than twenty-one (21) years of age from ringing up a sale of
30		-	alcoholic beverages in the course of the person's employment.
31		-	(3) A person who is at least nineteen (19) eighteen (18) years of
32		-	age but less than twenty-one (21) years of age and who has
33		-	successfully completed an alcohol server training program
34		-	certified under IC 7.1-3-1.5 from serving alcoholic beverages in
35		-	a dining area or family room of a restaurant or hotel:
36		-	SEA 146 — Concur 2
37		-	(A) in the course of a person's employment as a waiter,
38		-	waitress, or server; and
39		-	(B) under the supervision of a person who:
40		-	(i) is at least twenty-one (21) years of age;
41		-	(ii) is present at the restaurant or hotel; and
42		-	(iii) has successfully completed an alcohol server training
43		-	program certified under IC 7.1-3-1.5 by the commission.
44		-	This subdivision does not allow a person at least nineteen (19)
45		-	eighteen (18) years of age but less than twenty-one (21) years of
46		-	age to be a bartender.
47		-	(4) The employment of a person at least eighteen (18) years of age
48		-	but less than twenty-one (21) years of age on or about licensed
49		-	premises where alcoholic beverages are sold, furnished, or given
50		-	away for consumption either on or off the licensed premises if all
51		-	the following apply:
52		-	(A) The person is employed as an assistant on a delivery truck.
53		-	(B) The person's duties with respect to alcoholic beverages are
54		-	limited to handling alcoholic beverages in connection with the
55		-	loading, unloading, stowing, or storing of alcoholic beverages
56		-	that are being delivered or picked up.
57		-	(C) The person does not sell, furnish, or deal in alcoholic
58		-	beverages in any manner except as expressly permitted under
59		-	clause (B).
60		-	(D) The person acts under the supervision of a driver holding
61		-	a salesman's permit.
62		-	(E) The person does not collect money for the delivery or pick
63		-	up.
64		-	(b) This chapter does not prohibit a person less than twenty-one (21)
65		-	years of age from being on the premises of a brewery under
66		-	IC 7.1-3-2-7(5), a farm winery, including any additional locations of
67		-	the farm winery under IC 7.1-3-12-5, or an artisan distillery under
68		-	IC 7.1-3-27-5, if the person is:
69		-	(1) the child, stepchild, grandchild, nephew, or niece of an owner
70		-	of the:
71		-	(A) brewery;
72		-	(B) farm winery; or
73		-	(C) artisan distiller; and
74		-	(2) employed on the premises for a purpose other than:
75		-	(A) selling;
76		-	(B) furnishing, other than serving;
77		-	(C) consuming; or
78		-	(D) otherwise dealing in;
79		-	SEA 146 — Concur 3
80		-	alcoholic beverages.
81		-	A minor described in this subsection is not required to be accompanied
82		-	by a parent, legal guardian or custodian, or family member who is at
83		-	least twenty-one (21) years of age while on the premises of the brewery
84		-	or farm winery.
85		-	SECTION 2. IC 22-2-18.1-2, AS ADDED BY P.L.147-2020,
	49	+	1 SECTION 1. IC 7.1-5-7-13, AS AMENDED BY P.L.270-2017,
	50	+	2 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	51	+	3 JULY 1, 2024]: Sec. 13. (a) Section 12 of this chapter does not prohibit
	52	+	4 the following:
	53	+	5 (1) The employment of a person at least eighteen (18) years of age
	54	+	6 but less than twenty-one (21) years of age on or about licensed
	55	+	7 premises where alcoholic beverages are sold, furnished, or given
	56	+	8 away for consumption either on or off the licensed premises, for
	57	+	9 a purpose other than:
	58	+	10 (A) selling;
	59	+	11 (B) furnishing, other than serving;
	60	+	12 (C) consuming; or
	61	+	13 (D) otherwise dealing in;
	62	+	14 alcoholic beverages.
	63	+	15 (2) A person at least nineteen (19) eighteen (18) years of age but
	64	+	16 less than twenty-one (21) years of age from ringing up a sale of
	65	+	17 alcoholic beverages in the course of the person's employment.
	66	+	ES 146—LS 6693/DI 141 2
	67	+	1 (3) A person who is at least nineteen (19) eighteen (18) years of
	68	+	2 age but less than twenty-one (21) years of age and who has
	69	+	3 successfully completed an alcohol server training program
	70	+	4 certified under IC 7.1-3-1.5 from serving alcoholic beverages in
	71	+	5 a dining area or family room of a restaurant or hotel:
	72	+	6 (A) in the course of a person's employment as a waiter,
	73	+	7 waitress, or server; and
	74	+	8 (B) under the supervision of a person who:
	75	+	9 (i) is at least twenty-one (21) years of age;
	76	+	10 (ii) is present at the restaurant or hotel; and
	77	+	11 (iii) has successfully completed an alcohol server training
	78	+	12 program certified under IC 7.1-3-1.5 by the commission.
	79	+	13 This subdivision does not allow a person at least nineteen (19)
	80	+	14 eighteen (18) years of age but less than twenty-one (21) years of
	81	+	15 age to be a bartender.
	82	+	16 (4) The employment of a person at least eighteen (18) years of age
	83	+	17 but less than twenty-one (21) years of age on or about licensed
	84	+	18 premises where alcoholic beverages are sold, furnished, or given
	85	+	19 away for consumption either on or off the licensed premises if all
	86	+	20 the following apply:
	87	+	21 (A) The person is employed as an assistant on a delivery truck.
	88	+	22 (B) The person's duties with respect to alcoholic beverages are
	89	+	23 limited to handling alcoholic beverages in connection with the
	90	+	24 loading, unloading, stowing, or storing of alcoholic beverages
	91	+	25 that are being delivered or picked up.
	92	+	26 (C) The person does not sell, furnish, or deal in alcoholic
	93	+	27 beverages in any manner except as expressly permitted under
	94	+	28 clause (B).
	95	+	29 (D) The person acts under the supervision of a driver holding
	96	+	30 a salesman's permit.
	97	+	31 (E) The person does not collect money for the delivery or pick
	98	+	32 up.
	99	+	33 (b) This chapter does not prohibit a person less than twenty-one (21)
	100	+	34 years of age from being on the premises of a brewery under
	101	+	35 IC 7.1-3-2-7(5), a farm winery, including any additional locations of
	102	+	36 the farm winery under IC 7.1-3-12-5, or an artisan distillery under
	103	+	37 IC 7.1-3-27-5, if the person is:
	104	+	38 (1) the child, stepchild, grandchild, nephew, or niece of an owner
	105	+	39 of the:
	106	+	40 (A) brewery;
	107	+	41 (B) farm winery; or
	108	+	42 (C) artisan distiller; and
	109	+	ES 146—LS 6693/DI 141 3
	110	+	1 (2) employed on the premises for a purpose other than:
	111	+	2 (A) selling;
	112	+	3 (B) furnishing, other than serving;
	113	+	4 (C) consuming; or
	114	+	5 (D) otherwise dealing in;
	115	+	6 alcoholic beverages.
	116	+	7 A minor described in this subsection is not required to be accompanied
	117	+	8 by a parent, legal guardian or custodian, or family member who is at
	118	+	9 least twenty-one (21) years of age while on the premises of the brewery
	119	+	10 or farm winery.
	120	+	11 SECTION 2. IC 22-2-18.1-2, AS ADDED BY P.L.147-2020,
	121	+	12 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	122	+	13 JANUARY 1, 2025]: Sec. 2. (a) This chapter does not apply to the
	123	+	14 following:
	124	+	15 (1) A:
	125	+	16 (A) parent who employs the parent's own child;
	126	+	17 (2) a (B) person standing in place of a parent who employs a
	127	+	18 child in the person's custody; or
	128	+	19 (3) a (C) legal entity whose ownership is limited to the parents
	129	+	20 in which a parent of the employed child or persons a person
	130	+	21 standing in place of the parent of the employed child has an
	131	+	22 ownership interest;
	132	+	23 except in the instances of underage employment (as set forth in
	133	+	24 section 12(a) of this chapter), employment during school hours
	134	+	25 (as set forth in section 12(b) of this chapter), and employment in
	135	+	26 hazardous occupations designated by federal law (as set forth in
	136	+	27 section 23 of this chapter).
	137	+	28 (b) This chapter does not apply to (2) A minor enrolled in a work
	138	+	29 based learning course (as defined in IC 20-43-8-0.7).
	139	+	30 (3) A minor employed as an actor or performer in:
	140	+	31 (A) motion pictures; or
	141	+	32 (B) theatrical, radio, or television productions.
	142	+	33 (4) A minor employed as a newspaper carrier.
	143	+	34 (5) A minor employed as a homeworker engaged in the
	144	+	35 making of evergreen wreaths, including the harvesting of the
	145	+	36 evergreens or other forest products used in making the
	146	+	37 wreaths.
	147	+	38 SECTION 3. IC 22-2-18.1-26, AS ADDED BY P.L.147-2020,
	148	+	39 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	149	+	40 JANUARY 1, 2025]: Sec. 26. (a) Each employer that hires, employs,
	150	+	41 or permits at least five (5) minors who are:
	151	+	42 (1) at least fourteen (14) years of age; and
	152	+	ES 146—LS 6693/DI 141 4
	153	+	1 (2) less than eighteen (18) years of age;
	154	+	2 to work in a gainful occupation must register with the department.
	155	+	3 (b) An employer that must register under this chapter must provide,
	156	+	4 in the form and manner prescribed by the department, the following
	157	+	5 information:
	158	+	6 (1) The name of the employer.
	159	+	7 (2) The electronic mail address of the employer.
	160	+	8 (3) The number of minors whom the employer has hired,
	161	+	9 employed, or permitted to work in a gainful occupation. For
	162	+	10 purposes of this subdivision, the minor's date of hire is the
	163	+	11 first date on which the minor performs work for the
	164	+	12 employer.
	165	+	13 (4) Any other information required by the department.
	166	+	14 (c) On or before the fifteenth and last business day of each
	167	+	15 month, an employer that must register under this chapter shall
	168	+	16 enter any new or changed information regarding:
	169	+	17 (1) a qualifying location; and
	170	+	18 (2) the names and numbers of minors at each qualifying
	171	+	19 location.
	172	+	20 SECTION 4. IC 22-2-18.1-30, AS ADDED BY P.L.147-2020,
	173	+	21 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	174	+	22 UPON PASSAGE]: Sec. 30. (a) An employer that violates this chapter
	175	+	23 may be assessed the civil penalties described in this section by the
	176	+	24 department.
	177	+	25 (b) For an hour violation of not more than thirty (30) minutes under
	178	+	26 sections 17 through 20 of this chapter, a violation of section 18(4) of
	179	+	27 this chapter, or a posting violation under section 22 of this chapter the
	180	+	28 civil penalties are as follows:
	181	+	29 (1) A warning letter for any violations identified during an initial
	182	+	30 inspection.
	183	+	31 (2) Fifty dollars ($50) per instance for a second violation
	184	+	32 identified in a subsequent inspection.
	185	+	33 (3) Seventy-five dollars ($75) per instance for a third violation
	186	+	34 that is identified in a subsequent inspection.
	187	+	35 (4) One hundred dollars ($100) per instance for a fourth or
	188	+	36 subsequent violation that is identified in an inspection subsequent
	189	+	37 to the inspection under subdivision (3) and that occurs not more
	190	+	38 than two (2) years after a prior violation.
	191	+	39 A civil penalty may not be assessed under this subsection for a
	192	+	40 violation of ten (10) minutes or less.
	193	+	41 (c) For a failure to register or failure to register the correct number
	194	+	42 of minors employed under section 26 of this chapter, an hour violation
	195	+	ES 146—LS 6693/DI 141 5
	196	+	1 of more than thirty (30) minutes under sections 17 through 20 of this
	197	+	2 chapter, an age violation under section 12 or 14 of this chapter, each
	198	+	3 minor employed in violation of section 12(b) of this chapter, or a
	199	+	4 hazardous occupation violation under section 23 or 23.5 of this chapter
	200	+	5 the civil penalties are as follows:
	201	+	6 (1) A warning letter for any violations identified during an initial
	202	+	7 inspection.
	203	+	8 (2) One hundred dollars ($100) per instance for each violation
	204	+	9 identified in a subsequent inspection.
	205	+	10 (3) Two hundred dollars ($200) per instance for a third violation
	206	+	11 that is identified in a subsequent inspection.
	207	+	12 (4) Four hundred dollars ($400) per instance for a fourth or
	208	+	13 subsequent violation that is identified in an inspection subsequent
	209	+	14 to the inspection under subdivision (3) and that occurs not more
	210	+	15 than two (2) years after a prior violation.
	211	+	16 SECTION 5. [EFFECTIVE JULY 1, 2024] (a) The department of
	212	+	17 labor shall adopt rules under IC 4-22-2 to amend 610 IAC 10-5-4
	213	+	18 to conform with IC 22-2-18.1-26, as amended by this act.
	214	+	19 (b) This SECTION expires July 1, 2025.
	215	+	20 SECTION 6. An emergency is declared for this act.
	216	+	ES 146—LS 6693/DI 141 6
	217	+	COMMITTEE REPORT
	218	+	Madam President: The Senate Committee on Commerce and
	219	+	Technology, to which was referred Senate Bill No. 146, has had the
	220	+	same under consideration and begs leave to report the same back to the
	221	+	Senate with the recommendation that said bill be AMENDED as
	222	+	follows:
	223	+	Page 3, delete lines 28 through 42, begin a new paragraph and
	224	+	insert:
	225	+	"SECTION 3. IC 22-2-18.1-17, AS ADDED BY P.L.147-2020,
86	226		SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
87		-	JANUARY 1, 2025]: Sec. 2. (a) This chapter does not apply to the
88		-	following:
89		-	(1) A:
90		-	(A) parent who employs the parent's own child;
91		-	(2) a (B) person standing in place of a parent who employs a
92		-	child in the person's custody; or
93		-	(3) a (C) legal entity whose ownership is limited to the parents
94		-	in which a parent of the employed child or persons a person
95		-	standing in place of the parent of the employed child has an
96		-	ownership interest;
97		-	except in the instances of underage employment (as set forth in
98		-	section 12(a) of this chapter), employment during school hours
99		-	(as set forth in section 12(b) of this chapter), and employment in
100		-	hazardous occupations designated by federal law (as set forth in
101		-	section 23 of this chapter).
102		-	(b) This chapter does not apply to (2) A minor enrolled in a work
103		-	based learning course (as defined in IC 20-43-8-0.7).
104		-	(3) A minor employed as an actor or performer in:
105		-	(A) motion pictures; or
106		-	(B) theatrical, radio, or television productions.
107		-	(4) A minor employed as a newspaper carrier.
108		-	(5) A minor employed as a homeworker engaged in the
109		-	making of evergreen wreaths, including the harvesting of the
110		-	evergreens or other forest products used in making the
111		-	wreaths.
112		-	SECTION 3. IC 22-2-18.1-26, AS ADDED BY P.L.147-2020,
113		-	SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
114		-	JANUARY 1, 2025]: Sec. 26. (a) Each employer that hires, employs,
115		-	or permits at least five (5) minors who are:
116		-	(1) at least fourteen (14) years of age; and
117		-	(2) less than eighteen (18) years of age;
118		-	to work in a gainful occupation must register with the department.
119		-	(b) An employer that must register under this chapter must provide,
120		-	in the form and manner prescribed by the department, the following
121		-	information:
122		-	SEA 146 — Concur 4
123		-	(1) The name of the employer.
124		-	(2) The electronic mail address of the employer.
125		-	(3) The number of minors whom the employer has hired,
126		-	employed, or permitted to work in a gainful occupation. For
127		-	purposes of this subdivision, the minor's date of hire is the
128		-	first date on which the minor performs work for the
129		-	employer.
130		-	(4) Any other information required by the department.
131		-	(c) On or before the fifteenth and last business day of each
132		-	month, an employer that must register under this chapter shall
133		-	enter any new or changed information regarding:
134		-	(1) a qualifying location; and
135		-	(2) the names and numbers of minors at each qualifying
136		-	location.
137		-	SECTION 4. IC 22-2-18.1-30, AS ADDED BY P.L.147-2020,
	227	+	JULY 1, 2024]: Sec. 17. The following apply only to a minor who is at
	228	+	least fourteen (14) years of age and less than sixteen (16) years of age:
	229	+	(1) Except as provided in subdivisions (2) and (3), the minor
	230	+	may not work before 7 a.m. or after 7 p.m.
	231	+	(2) However, except on a day that precedes a school day when the
	232	+	minor may only work until 7 p.m., The minor may work until 9
	233	+	p.m. from June 1 through Labor Day. if the minor's parent
	234	+	provides the minor's employer with written consent for the
	235	+	minor to work later than 7 p.m.
	236	+	(3) The minor may work until 11 p.m. if:
	237	+	(A) the minor is not required to attend school the next day;
	238	+	and
	239	+	(B) the minor's parent provides the minor's employer with
	240	+	written consent for the minor to work later than 9 p.m.
	241	+	(2) (4) The minor may not work:
	242	+	(A) more than three (3) six (6) hours on a school day;
	243	+	(B) more than eighteen (18) twenty-eight (28) hours in a
	244	+	school week;
	245	+	(C) more than eight (8) hours on a nonschool day; or
	246	+	(D) more than forty (40) hours in a nonschool week.".
	247	+	Delete page 4.
	248	+	Page 5, delete lines 1 through 20.
	249	+	Page 5, line 35, delete "the first day that a minor starts" and insert
	250	+	"the minor's date of hire is the first date on which the minor
	251	+	performs work for the employer.".
	252	+	Page 5, delete lines 36 through 37.
	253	+	Page 5, line 41, delete "update any change in" and insert "enter any
	254	+	new or changed".
	255	+	Page 6, delete lines 3 through 29.
	256	+	Renumber all SECTIONS consecutively.
	257	+	and when so amended that said bill do pass.
	258	+	ES 146—LS 6693/DI 141 7
	259	+	(Reference is to SB 146 as introduced.)
	260	+	BUCHANAN, Chairperson
	261	+	Committee Vote: Yeas 9, Nays 1.
	262	+	_____
	263	+	SENATE MOTION
	264	+	Madam President: I move that Senate Bill 146 be amended to read
	265	+	as follows:
	266	+	Page 4, between lines 31 and 32, begin a new paragraph and insert:
	267	+	"SECTION 5. IC 22-2-18.1-30, AS ADDED BY P.L.147-2020,
138	268		SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
139	269		UPON PASSAGE]: Sec. 30. (a) An employer that violates this chapter
140	270		may be assessed the civil penalties described in this section by the
141	271		department.
142	272		(b) For an hour violation of not more than thirty (30) minutes under
143	273		sections 17 through 20 of this chapter, a violation of section 18(4) of
144	274		this chapter, or a posting violation under section 22 of this chapter the
145	275		civil penalties are as follows:
146	276		(1) A warning letter for any violations identified during an initial
147	277		inspection.
148	278		(2) Fifty dollars ($50) per instance for a second violation
149	279		identified in a subsequent inspection.
150	280		(3) Seventy-five dollars ($75) per instance for a third violation
151	281		that is identified in a subsequent inspection.
152	282		(4) One hundred dollars ($100) per instance for a fourth or
153	283		subsequent violation that is identified in an inspection subsequent
154	284		to the inspection under subdivision (3) and that occurs not more
155	285		than two (2) years after a prior violation.
156	286		A civil penalty may not be assessed under this subsection for a
157	287		violation of ten (10) minutes or less.
158	288		(c) For a failure to register or failure to register the correct number
159	289		of minors employed under section 26 of this chapter, an hour violation
160	290		of more than thirty (30) minutes under sections 17 through 20 of this
161	291		chapter, an age violation under section 12 or 14 of this chapter, each
162	292		minor employed in violation of section 12(b) of this chapter, or a
163	293		hazardous occupation violation under section 23 or 23.5 of this chapter
164	294		the civil penalties are as follows:
165		-	SEA 146 — Concur 5
166	295		(1) A warning letter for any violations identified during an initial
	296	+	ES 146—LS 6693/DI 141 8
167	297		inspection.
168	298		(2) One hundred dollars ($100) per instance for each violation
169	299		identified in a subsequent inspection.
170	300		(3) Two hundred dollars ($200) per instance for a third violation
171	301		that is identified in a subsequent inspection.
172	302		(4) Four hundred dollars ($400) per instance for a fourth or
173	303		subsequent violation that is identified in an inspection subsequent
174	304		to the inspection under subdivision (3) and that occurs not more
175		-	than two (2) years after a prior violation.
176		-	SECTION 5. [EFFECTIVE JULY 1, 2024] (a) The department of
177		-	labor shall adopt rules under IC 4-22-2 to amend 610 IAC 10-5-4
178		-	to conform with IC 22-2-18.1-26, as amended by this act.
179		-	(b) This SECTION expires July 1, 2025.
180		-	SECTION 6. An emergency is declared for this act.
181		-	SEA 146 — Concur President of the Senate
182		-	President Pro Tempore
183		-	Speaker of the House of Representatives
184		-	Governor of the State of Indiana
185		-	Date: Time:
186		-	SEA 146 — Concur
	305	+	than two (2) years after a prior violation.".
	306	+	Page 4, after line 35, begin a new paragraph and insert:
	307	+	"SECTION 7. An emergency is declared for this act.".
	308	+	Renumber all SECTIONS consecutively.
	309	+	(Reference is to SB 146 as printed January 26, 2024.)
	310	+	GARTEN
	311	+	_____
	312	+	SENATE MOTION
	313	+	Madam President: I move that Senate Bill 146 be amended to read
	314	+	as follows:
	315	+	Page 3, delete lines 28 through 42.
	316	+	Page 4, delete lines 1 through 7.
	317	+	Renumber all SECTIONS consecutively.
	318	+	(Reference is to SB 146 as printed January 26, 2024.)
	319	+	HUNLEY
	320	+	_____
	321	+	COMMITTEE REPORT
	322	+	Mr. Speaker: Your Committee on Employment, Labor and Pensions,
	323	+	to which was referred Senate Bill 146, has had the same under
	324	+	consideration and begs leave to report the same back to the House with
	325	+	the recommendation that said bill be amended as follows:
	326	+	Replace the effective date in SECTION 3 with "[EFFECTIVE
	327	+	JANUARY 1, 2025]".
	328	+	Page 3, delete lines 11 through 27, begin a new paragraph and
	329	+	insert:
	330	+	"SECTION 2. IC 22-2-18.1-2, AS ADDED BY P.L.147-2020,
	331	+	SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	332	+	ES 146—LS 6693/DI 141 9
	333	+	JANUARY 1, 2025]: Sec. 2. (a) This chapter does not apply to the
	334	+	following:
	335	+	(1) A:
	336	+	(A) parent who employs the parent's own child;
	337	+	(2) a (B) person standing in place of a parent who employs a
	338	+	child in the person's custody; or
	339	+	(3) a (C) legal entity whose ownership is limited to the parents
	340	+	in which a parent of the employed child or persons a person
	341	+	standing in place of the parent of the employed child has an
	342	+	ownership interest;
	343	+	except in the instances of underage employment (as set forth in
	344	+	section 12(a) of this chapter), employment during school hours
	345	+	(as set forth in section 12(b) of this chapter), and employment in
	346	+	hazardous occupations designated by federal law (as set forth in
	347	+	section 23 of this chapter).
	348	+	(b) This chapter does not apply to (2) A minor enrolled in a work
	349	+	based learning course (as defined in IC 20-43-8-0.7).
	350	+	(3) A minor employed as an actor or performer in:
	351	+	(A) motion pictures; or
	352	+	(B) theatrical, radio, or television productions.
	353	+	(4) A minor employed as a newspaper carrier.
	354	+	(5) A minor employed as a homeworker engaged in the
	355	+	making of evergreen wreaths, including the harvesting of the
	356	+	evergreens or other forest products used in making the
	357	+	wreaths.".
	358	+	Renumber all SECTIONS consecutively.
	359	+	and when so amended that said bill do pass.
	360	+	(Reference is to SB 146 as reprinted February 6, 2024.)
	361	+	VANNATTER
	362	+	Committee Vote: yeas 12, nays 0.
	363	+	ES 146—LS 6693/DI 141