Bill Text: IN SB0091 | 2012 | Regular Session | Introduced

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Bill Title: Tobacco use by job applicants.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-04 - First reading: referred to Committee on Pensions and Labor [SB0091 Detail]

Download: Indiana-2012-SB0091-Introduced.html

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Introduced Version

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SENATE BILL No. 91

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DIGEST OF INTRODUCED BILL

Citations Affected: IC 22-5-4.

Synopsis: Tobacco use by job applicants. Permits an employer to consider tobacco use by job applicants in the hiring process.

Effective: July 1, 2012.

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Gard

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    January 4, 2012, read first time and referred to Committee on Pensions and Labor.

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Introduced

Second Regular Session 117th General Assembly (2012)

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.
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Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2011 Regular Session of the General Assembly.

SENATE BILL No. 91

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    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:

SOURCE: IC 22-5-4-1; (12)IN0091.1.1. -->     SECTION 1. IC 22-5-4-1, AS AMENDED BY P.L.136-2006, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) Except as provided in subsection (b), an employer may not:
        (1) require, as a condition of employment, an employee or prospective employee to refrain from using; or
        (2) discriminate against an employee with respect to:
            (A) the employee's compensation and benefits; or
            (B) terms and conditions of employment;
        based on the employee's use of;
tobacco products outside the course of the employee's or prospective employee's employment.
    (b) An employer may implement financial incentives:
        (1) intended to reduce tobacco use; and
        (2) related to employee health benefits provided by the employer.

SOURCE: IC 22-5-4-2; (12)IN0091.1.2. -->     SECTION 2. IC 22-5-4-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. (a) An employee or prospective

employee may bring a civil action against an employer to enforce section 1 of this chapter.
    (b) If an employer violates section 1 of this chapter, the court may do the following:
        (1) Award:
            (A) actual damages; and
            (B) court costs and reasonable attorney's fees;
        to the prevailing employee. or prospective employee.
        (2) Enjoin further violation of this chapter.

SOURCE: IC 22-5-4-3; (12)IN0091.1.3. -->     SECTION 3. IC 22-5-4-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. This chapter does not limit an employee's or prospective employee's rights or remedies under any other state or federal law.