IC 22-2-11
    Chapter 11. Payroll Bond for Benefit of Employees

IC 22-2-11-1
Bond; filing; amount; right of action; exemptions
    Sec. 1. (a) Every corporation, limited liability company,association, company, firm, person, or persons engaged or about toengage in the business of mining coal, ore, or other minerals, orquarrying stone or manufacturing iron, steel, lumber, stoves, barrels,brick, tile, machinery, agricultural, or mechanical implements, or anyarticle of merchandise, having a lease only on such mine, quarry, ormanufacturing plant, and such lessee does not own the plant, works,tools, appliances, and machinery used or to be used in conductingany such business, shall, before beginning or continuing such work,tender to the clerk of the circuit court of the county in which such abusiness 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 theweekly payroll of any such lessee, and signed by good and sufficientfreehold sureties or a surety company and conditioned that paymentsof wages due the employees of any such lessee will be paid promptlywhen due and in default thereof any or all of the employees of suchlessee shall have a right of action on such bond for the payment ofany wages due, together with attorney's fees for collecting same.Such clerk shall not file such bond until after the same has beenexamined and approved by him. The clerk of such court shallexamine such lessee under oath, touching the number of employeesto be employed and the amount of weekly wages to be paid, and mayfrom time to time reexamine such lessee and cause the amount ofsuch bond to be increased on account of changed conditions ofemployment to an amount not exceeding double the weekly wages ofthe employees of such lessee. If the value of the physical propertyowned by such lessee in conducting such business, as shown by thelast preceding assessment for taxation, is at least double the amountof the weekly payroll of such lessee, then and in that event it shallnot be necessary for lessee to file a bond conditioned that paymentsof wages due the employees of such lessee will be paid, as providedin this section.
    (b) Subsection (a) shall not apply to any corporation, limitedliability company, association, company, firm, person, or personsengaged or about to engage in any of the businesses described insubsection (a) which shall hold on, before, or after May 21, 1929,only a lease upon any such mine, quarry, or manufacturing plantowned by the United States of America or by any department,division, bureau, representative, agent, subordinate unit, subsidiarycorporation, or instrumentality thereof; and any and all fines andpenalties imposed by this chapter and incurred on or before March8, 1943, by any such corporation, limited liability company,association, company, firm, person, or persons holding such lease onsuch mine, quarry, or manufacturing plant owned by the UnitedStates of America or by any department, division, bureau,

representative, agent, subordinate unit, subsidiary corporation, orinstrumentality 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.

IC 22-2-11-2
Actions and proceedings; costs; attorney's fees
    Sec. 2. Any person having wages due and unpaid from any lesseeas provided in section one, shall have a right of action in the name ofthe state of Indiana on the relation of such person on such bond, fromthe date the same is due and in any suit brought thereon such personshall, when judgment is rendered for such wages, also have judgmentfor the costs of suit and attorney's fees.
(Formerly: Acts 1929, c.41, s.2.)

IC 22-2-11-3
Failure to file bond
    Sec. 3. A person who fails to file the bond as provided in section1 of this chapter commits a Class C infraction; each day business isconducted without the filing of the bond constitutes a separateoffense.
(Formerly: Acts 1929, c.41, s.3.) As amended by Acts 1978, P.L.2,SEC.2208.

IC 22-2-11-4
Liens of laborers; application of law
    Sec. 4. This chapter shall not in any way affect the liens oflaborers, as secured to them on April 21, 1911, by the laws of thisstate.
(Formerly: Acts 1929, c.41, s.4.) As amended by P.L.144-1986,SEC.18.