Bond; filing; amount; right of action; exemptions
Sec. 1. (a) Every corporation, limited liability company,
association, company, firm, person, or persons engaged or about to
engage in the business of mining coal, ore, or other minerals, or
quarrying stone or manufacturing iron, steel, lumber, stoves, barrels,
brick, tile, machinery, agricultural, or mechanical implements, or any
article of merchandise, having a lease only on such mine, quarry, or
manufacturing plant, and such lessee does not own the plant, works,
tools, appliances, and machinery used or to be used in conducting
any such business, shall, before beginning or continuing such work,
tender to the clerk of the circuit court of the county in which such a
business is located, for filing, a bond to be approved by such clerk,
payable to the state of Indiana, in a sum double the amount of the
weekly payroll of any such lessee, and signed by good and sufficient
freehold sureties or a surety company and conditioned that payments
of wages due the employees of any such lessee will be paid promptly
when due and in default thereof any or all of the employees of such
lessee shall have a right of action on such bond for the payment of
any wages due, together with attorney's fees for collecting same.
Such clerk shall not file such bond until after the same has been
examined and approved by him. The clerk of such court shall
examine such lessee under oath, touching the number of employees
to be employed and the amount of weekly wages to be paid, and may
from time to time reexamine such lessee and cause the amount of
such bond to be increased on account of changed conditions of
employment to an amount not exceeding double the weekly wages of
the employees of such lessee. If the value of the physical property
owned by such lessee in conducting such business, as shown by the
last preceding assessment for taxation, is at least double the amount
of the weekly payroll of such lessee, then and in that event it shall
not be necessary for lessee to file a bond conditioned that payments
of wages due the employees of such lessee will be paid, as provided
in this section.
(b) Subsection (a) shall not apply to any corporation, limited
liability company, association, company, firm, person, or persons
engaged or about to engage in any of the businesses described in
subsection (a) which shall hold on, before, or after May 21, 1929,
only a lease upon any such mine, quarry, or manufacturing plant
owned by the United States of America or by any department,
division, bureau, representative, agent, subordinate unit, subsidiary
corporation, or instrumentality thereof; and any and all fines and
penalties imposed by this chapter and incurred on or before March
8, 1943, by any such corporation, limited liability company,
association, company, firm, person, or persons holding such lease on
such mine, quarry, or manufacturing plant owned by the United
States of America or by any department, division, bureau,
representative, agent, subordinate unit, subsidiary corporation, or
instrumentality thereof are hereby cancelled, annulled, and forgiven.
(Formerly: Acts 1929, c.41, s.1; Acts 1935, c.81, s.1; Acts 1943,
c.180, s.1.) As amended by P.L.144-1986, SEC.17; P.L.8-1993,
SEC.278.
Last modified: May 27, 2006