SB 119 — Child labor, increasing civil and criminal penalties for employers who violate child labor laws

SB119 ENGROSSEDENROLLED SB119 QGH7151-2QGH7151-3 By Senators Stewart, Coleman-Madison, Beasley, Hatcher, Smitherman, Singleton, Orr RFD:

20-Feb-24 Page 0 SB119 EngrossedEnrolled 2Enrolled, 4An AAct, BILL3 TO BE ENTITLED AN ACT 9 Relating to child labor;

Page 1 SB119 Engrossed (b) The department may impose a civil penalty of not less than three hundred dollars ($300) upon the following a determination:

An that an employer has violated a statutory provision of Section 25-8-35(17), 25-8-36, 25-8-37, 25-8-38, 25-8-39, 25-8-40, 25-8-41, 25-8-44(a), 25-8-44(b), 25-8-45, Page 1 SB119 Enrolled 25-8-54, 25-8-57, 25-8-60, or 25-8-61.

(2) The right of the employer to request in writing a hearing to show cause why the civil penalty should not be Page 2 SB119 Engrossed assessed.

Page 2 SB119 Enrolled (4) The right of the employer to waive the right to request a hearing and to respond in writing to the notice within 30 days of the issue date of the notice.

Page 3 SB119 Engrossed (j) A request for postponement of a scheduled hearing so scheduled shall only be granted where the rights of an employer would be substantially prejudiced by the denial of the request or in a medical emergency.

Page 3 SB119 Enrolled (k) Following a hearing or after the employer has waived the right to request a hearing, the secretary or his or her designee may uphold or modify the civil penalty assessment.

95 (l) If the employer requests a hearing but the secretary or his or her designee denies the request for a hearing, the total civil penalty assessed in the notice shall be the final civil penalty.

(m) If the employer does not request a hearing or 95 respond in writing to the notice, the total civil penalty assessed in the notice shall be the final civil penalty unless otherwise modified by the secretary or his or her designee.

(p) In addition to the civil penalties provided for in subsection (b), an employer who violates Act 2009-565 this chapter may be deemed guilty of a Class B or Class C Page 4 SB119 Engrossed misdemeanor.

(q) In addition to civil penalties provided for in subsection (c), an employer who is found in violation of Page 4 SB119 Enrolled subsection (c) involving serious physical injury to or death of a minor may be deemed guilty of a Class A misdemeanor orClass B felony or Class C felony.

Page 5 SB119 EngrossedEnrolled Senate________________________________________________ ReadPresident forand thePresiding firstOfficer timeof andthe referredSenate ................20-Feb-24________________________________________________ toSpeaker of the House of Representatives SB119 Senate committee19-Mar-24 onI Judiciaryhereby Readcertify forthat the secondwithin timeAct andoriginated placedin ................06-Mar-24and onpassed the calendar:Senate, as amended.

1 amendment Read for the third time and passed ................19-Mar-24 as amended Yeas 33 Nays 0 Abstains 0 Patrick Harris, Secretary.

PageHouse 6of Representatives Passed:

02-May-24 By:

Senator Stewart Page 6