Your Committee on Employment and Labor , to which was referred Senate Bill 321 , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:
employers or consortiums for incumbent worker training grants
that enable workers to obtain recognizable credentials or
certifications and transferable employment skills that improve
(c) Special consideration shall be given to the state educational institution established under IC 20-12-61 to be the provider of the training funded under this chapter whenever the state educational institution:
(1) meets the identified training needs of an employer or a consortium with an existing credentialing or certification program; and
(2) is the most cost effective provider.
(d) For the incumbent worker training grants described in subsection (b), the department of workforce development shall do the following:
(1) Provide grant applications to interested employers and consortiums.
(2) Accept completed applications for the grants.
(3) Obtain all information necessary or appropriate to determine whether an applicant qualifies for a grant, including information concerning:
(A) the applicant;
(B) the training to be offered;
(C) the training provider; and
(D) the workers to be trained.
(4) Prepare summaries or other reports to assist the secretary of commerce in reviewing the grant applications.
(e) The department of workforce development shall forward the grant applications and other information collected or received by the department under subsection (d) to the secretary of commerce who shall allocate the money in the fund in accordance with subsections (b) and (c), after considering the information provided by the department of workforce development.
(f) The corporation shall enter into an agreement with the department of workforce development for the department of workforce development to administer the fund using money appropriated from the fund.
(g) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner
as other public money may be invested.
(h) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(i) The fund consists of the following:
(1) Assessments deposited in the fund.
(2) Earnings acquired through the use of money belonging to the fund.
(3) Money deposited in the fund from any other source.
(4) Interest and penalties collected.
(j) Any balance in the fund does not lapse but is available continuously to the corporation for expenditures for the program established under IC 22-4-10.5 consistent with this chapter, after considering any information concerning an expenditure provided by the department of workforce development.
(k) An employer who makes the election described in IC 22-4-10.5-3.2 is not eligible to receive an allocation from the fund.".
individuals, and services. However, if this state shall not be
certified for any year by the Secretary of Labor under Section
3304 of the Internal Revenue Code the payments required of such
instrumentalities with respect to such year shall be refunded by
the commissioner from the fund in the same manner and within
the same period as is provided in IC 22-4-32-19 with respect to
contribution erroneously paid or wrongfully assessed.
(b) (2) Service with respect to which unemployment compensation
is payable under an unemployment compensation system
established by an Act of Congress; however, the board
department is authorized to enter into agreements with the proper
agencies under such Act of Congress which agreements shall
become effective ten (10) days after publication thereof, in the
manner provided in IC 22-4-19-2 for rules of the board, in
accordance with rules adopted by the department under
IC 4-22-2, to provide reciprocal treatment to individuals who
have, after acquiring potential rights to benefits under this article,
acquired rights to unemployment compensation under such Act of
Congress, or who have, after having acquired potential rights to
unemployment compensation under such Act of Congress,
acquired rights to benefits under this article.
(c) (3) "Agricultural labor" as provided in section 2(l)(1) of this
chapter shall include only services performed:
(i) (A) on a farm, in the employ of any person, in connection
with cultivating the soil or in connection with raising or
harvesting any agricultural or horticultural commodity,
including the raising, shearing, feeding, caring for, training,
and management of livestock, bees, poultry, and furbearing
animals and wildlife;
(ii) (B) in the employ of the owner or tenant or other operator
of a farm, in connection with the operation, management,
conservation, improvement, or maintenance of such farm and
its tools and equipment, or in salvaging timber or clearing land
of brush and other debris left by a hurricane, if the major part
of such service is performed on a farm;
(iii) (C) in connection with the production or harvesting of any
commodity defined as an agricultural commodity in Section
15(g) of the Agricultural Marketing Act (12 U.S.C. 1141j(g))
as amended, or in connection with the operation or
maintenance of ditches, canals, reservoirs, or waterways, not
owned or operated for profit, used exclusively for supplying
and storing water for farming purposes;
(iv)(A) (D) in the employ of:
(i) the operator of a farm in handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivering to storage or to market or to a carrier for transportation to market, in its unmanufactured state, any agricultural or horticultural commodity; but only if such operator produced more than one-half (1/2) of the commodity with respect to which such service is performed; or
(B) in the employ of (ii) a group of operators of farms (or a
cooperative organization of which such operators are
members) in the performance of service described in
subdivision (A), item (i), but only if such operators produce
more than one-half (1/2) of the commodity with respect to
which such service is performed;
(C) except the provisions of subdivisions (A) and (B) items (i)
and (ii) shall not be deemed to be applicable with respect to
service performed in connection with commercial canning or
commercial freezing or in connection with any agricultural or
horticultural commodity after its delivery to a terminal market
for distribution for consumption; or
(v) (E) on a farm operated for profit if such service is not in the
course of the employer's trade or business or is domestic
service in a private home of the employer.
(4) As used in
this subsection, subdivision (3), "farm" includes
stock, dairy, poultry, fruit, furbearing animals, and truck farms,
nurseries, orchards, greenhouses, or other similar structures used
primarily for the raising of agricultural or horticultural
(d) (5) Domestic service in a private home, local college club, or
local chapter of a college fraternity or sorority, except as provided
in section 2(m) of this chapter.
(e) (6) Service performed on or in connection with a vessel or
aircraft not an American vessel or American aircraft, if the
employee is employed on and in connection with such vessel or
aircraft when outside the United States.
(f) (7) Service performed by an individual in the employ of child
or spouse, and service performed by a child under the age of
twenty-one (21) in the employ of a parent.
(g) (8) Service not in the course of the employing unit's trade or
business performed in any calendar quarter by an individual,
unless the cash remuneration paid for such service is fifty dollars
($50) or more and such service is performed by an individual who
is regularly employed by such employing unit to perform such
service. For the purposes of this subsection, subdivision, an
individual shall be deemed to be regularly employed to perform
service not in the course of an employing unit's trade or business
during a calendar quarter only if:
(i) (A) on each of some of twenty-four (24) days during such
quarter such individual performs such service for some portion
of the day; or
(ii) (B) such individual was regularly employed (as determined
under clause (i) (A)) by such employing unit in the
performance of such service during the preceding calendar
(h) (9) Service performed by an individual in any calendar quarter
in the employ of any organization exempt from income tax under
Section 501 of the Internal Revenue Code (except those services
included in sections 2(i) and 2(j) of this chapter if the
remuneration for such service is less than fifty dollars ($50)).
(i) (10) Service performed in the employ of a hospital, if such
service is performed by a patient of such hospital.
(j) (11) Service performed in the employ of a school, college, or
university if such service is performed:
(i) (A) by a student who is enrolled and is regularly attending
classes at such school, college, or university; or
(ii) (B) by the spouse of such a student, if such spouse is
advised, at the time such spouse commences to perform such
(A) (i) the employment of such spouse to perform such
service is provided under a program to provide financial
assistance to such student by such school, college, or
(B) (ii) such employment will not be covered by any
program of unemployment insurance.
(k) (12) Service performed by an individual who is enrolled at a
nonprofit or public educational institution which normally
maintains a regular faculty and curriculum and normally has a
regularly organized body of students in attendance at the place
where its educational activities are carried on as a student in a
full-time program, taken for credit at such institution, which
combines academic instruction with work experience, if such
service is an integral part of such program, and such institution
has so certified to the employer, except that this subsection shall
not apply to service performed in a program established for or on
behalf of an employer or group of employers.
(l) (13) Service performed in the employ of a government foreign
to the United States of America, including service as a consular or
other officer or employee or a nondiplomatic representative.
(m) (14) Service performed in the employ of an instrumentality
wholly owned by a government foreign to that of the United
States of America, if the service is of a character similar to that
performed in foreign countries by employees of the United States
of America or of an instrumentality thereof, and if the board finds
that the Secretary of State of the United States has certified to the
Secretary of the Treasury of the United States that the
government, foreign to the United States, with respect to whose
instrumentality exemption is claimed, grants an equivalent
exemption with respect to similar service performed in such
country by employees of the United States and of instrumentalities
(n) (15) Service performed as a student nurse in the employ of a
hospital or nurses' training school by an individual who is enrolled
and is regularly attending classes in a nurses' training school
chartered or approved pursuant to state law; and service
performed as an intern in the employ of a hospital by an
individual who has completed a four (4) year course in a medical
school chartered or approved pursuant to state law.
(o) (16) Service performed by an individual as an insurance
producer or as an insurance solicitor, if all such service performed
by such individual is performed for remuneration solely by way
(p)(A) (17) Service performed by an individual:
(A) under the age of eighteen (18) in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution; or
Services performed by an individual in, and at the time of,
the sale of newspapers or magazines to ultimate consumers,
under an arrangement under which the newspapers or
magazines are to be sold by him the individual at a fixed
price, his the individual's compensation being based on the
retention of the excess of such price over the amount at which
the newspapers or magazines are charged to him, the
individual, whether or not he the individual is guaranteed a
minimum amount of compensation for such service, or is
entitled to be credited with the unsold newspapers or
magazines turned back.
(q) (18) Service performed in the employ of an international
(r) (19) Except as provided in IC 22-4-7-1, services covered by an
election duly approved by the agency charged with the
administration of any other state or federal unemployment
compensation law in accordance with an arrangement pursuant to
IC 22-4-22-1 through IC 22-4-22-5, during the effective period of
(s) (20) If the service performed during one-half (1/2) or more of
any pay period by an individual for an employing unit constitutes
employment, all the services of such individual for such period
shall be deemed to be employment; but if the services performed
during more than one-half (1/2) of any pay period by such an
individual do not constitute employment, then none of the services
of such individual for such period shall be deemed to be
employment. As used in this subsection, "pay period" means a
period of not more than thirty-one (31) consecutive days for
which a payment of remuneration is ordinarily made to the
individual by the employing unit. This subsection shall not be
applicable with respect to services performed in a pay period by
any such individual where any such service is excepted by
subsection (b). subdivision (2).
(t) (21) Service performed by an inmate of a custodial or penal
(u) (22) Service performed as a precinct election officer (as
defined in IC 3-5-2-40.1).".
calendar year for which the employer wants to elect not to:
(1) participate in the skills 2016 training program; and
(2) pay the skills 2016 training assessments.
and when so amended that said bill do pass.