SB 84-1_ Filed 04/09/2009, 11:26
Adopted 04/09/2009


Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

7

                                                        NO:
5

MR. SPEAKER:
    Your Committee on       Labor and Employment     , to which was referred       Senate Bill 84     , 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:

    Delete the title and insert the following:
    A BILL FOR AN ACT to amend the Indiana Code concerning labor and safety and to make an appropriation.

SOURCE: Page 1, line 1; (09)AM008409.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 2-5-30; (09)AM008409.1. -->     "SECTION 1. IC 2-5-30 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
     Chapter 30. Unemployment Insurance Oversight Advisory Committee
    Sec. 1. As used in this chapter, "committee" refers to the unemployment insurance oversight advisory committee established by section 3 of this chapter.
    Sec. 2. As used in this chapter, "fund" refers to the

unemployment insurance benefit fund established by IC 22-4-26-1.
    Sec. 3. The unemployment insurance oversight advisory committee is established.
    Sec. 4. (a) The committee shall do all of the following:
        (1) Monitor the solvency of the fund.
        (2) Make recommendations of improvements to increase the solvency of the fund.
        (3) Make a report annually to the legislative council concerning the solvency of the fund. The report must be in an electronic format under IC 5-14-6.
        (4) Study and make recommendations concerning approaches taken by other states to improve the solvency of unemployment insurance benefit trust funds, including the indexing of:
            (A) unemployment benefits; and
            (B) the taxable wage base.
    (b) A committee recommendation does not take effect unless enacted by the general assembly.
    Sec. 5. (a) The committee consists of the following members:
        (1) Two (2) members of the house of representatives appointed by the speaker of the house of representatives. The members appointed under this subdivision may be members of the same political party.
        (2) One (1) member of the house of representatives appointed by the minority leader of the house of representatives.
        (3) Two (2) members appointed by the speaker of the house of representatives as follows:
            (A) One (1) member who is a member of the Indiana State AFL-CIO.
            (B) One (1) member who is a member of a labor organization not affiliated with the Indiana State AFL-CIO.
        (4) Two (2) members of the senate appointed by the president pro tempore of the senate. The members appointed under this subdivision may be members of the same political party.
        (5) One (1) member of the senate appointed by the minority leader of the senate.
        (6) Two (2) members appointed by the president pro tempore

of the senate as follows:
            (A) One (1) member representing large employers in the state.
            (B) One (1) member representing small employers in the state.
        (7) The commissioner, or the commissioner's designee, who serves as an ex-officio nonvoting member.
    (b) If a vacancy on the committee occurs, the person who appointed the member whose position is vacant shall appoint an individual to fill the vacancy using the criteria in subsection (a).
    (c) The speaker of the house of representatives shall appoint one (1) of the members appointed by the speaker as a cochair of the committee. The president pro tempore of the senate shall appoint one (1) of the members appointed by the president as a cochair of the committee.
    Sec. 6. (a) The legislative services agency shall provide administrative support for the committee. At the request of the legislative services agency, the department of workforce development established by IC 22-4.1-2-1 shall assign staff to provide research and other support to assist the legislative services agency in providing administrative support to the committee.
    (b) There is annually appropriated to the legislative services agency from the state general fund money necessary for the operation of the committee.
    Sec. 7. Six (6) committee members constitute a quorum. The affirmative votes of at least six (6) committee members are necessary for the committee to take official action.
    Sec. 8. The committee shall meet at the call of both cochairs and at other times as the committee considers necessary.
    Sec. 9. (a) Each member of the committee who is not a state employee or is not a member of the general assembly is entitled to the following:
        (1) The salary per diem provided under IC 4-10-11-2.1(b).
        (2) Reimbursement for traveling expenses as provided under IC 4-13-1-4.
        (3) Other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of

administration and approved by the budget agency.
    (b) Each member of the committee who is a state employee but not a member of the general assembly is entitled to the following:
        (1) Reimbursement for traveling expenses as provided under IC 4-13-1-4.
        (2) Other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
    (c) Each member of the committee who is a member of the general assembly is entitled to the same:
        (1) per diem;
        (2) mileage; and
        (3) travel allowances;
paid to legislative members of interim study committees established by the legislative council.
".

SOURCE: Page 45, line 1; (09)AM008409.45. -->     Page 45, between lines 1 and 2, begin a new paragraph and insert:
SOURCE: IC 22-4-25-1; (09)AM008409.56. -->     "SECTION 56. IC 22-4-25-1, AS AMENDED BY P.L.138-2008, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) There is created in the state treasury a special fund to be known as the special employment and training services fund. All interest on delinquent contributions and penalties collected under this article, together with any voluntary contributions tendered as a contribution to this fund, shall be paid into this fund. The money shall not be expended or available for expenditure in any manner which would permit their substitution for (or a corresponding reduction in) federal funds which would in the absence of said money be available to finance expenditures for the administration of this article, but nothing in this section shall prevent said money from being used as a revolving fund to cover expenditures necessary and proper under the law for which federal funds have been duly requested but not yet received, subject to the charging of such expenditures against such funds when received. The money in this fund shall be used by the board for the payment of refunds of interest on delinquent contributions and penalties so collected, for the payment of costs of administration which are found not to have been properly and validly chargeable against federal grants or other funds received for or in the employment and training services administration fund, on and after July 1, 1945. Such

money shall be available either to satisfy the obligations incurred by the board directly, or by transfer by the board of the required amount from the special employment and training services fund to the employment and training services administration fund. The board shall order the transfer of such funds or the payment of any such obligation or expenditure and such funds shall be paid by the treasurer of state on requisition drawn by the board directing the auditor of state to issue the auditor's warrant therefor. Any such warrant shall be drawn by the state auditor based upon vouchers certified by the board or the commissioner. The money in this fund is hereby specifically made available to replace within a reasonable time any money received by this state pursuant to 42 U.S.C. 502, as amended, which, because of any action or contingency, has been lost or has been expended for purposes other than or in amounts in excess of those approved by the bureau of employment security. The money in this fund shall be continuously available to the board for expenditures in accordance with the provisions of this section and shall not lapse at any time or be transferred to any other fund, except as provided in this article. Nothing in this section shall be construed to limit, alter, or amend the liability of the state assumed and created by IC 22-4-28, or to change the procedure prescribed in IC 22-4-28 for the satisfaction of such liability, except to the extent that such liability may be satisfied by and out of the funds of such special employment and training services fund created by this section.
    (b) Whenever the balance in the special employment and training services fund is deemed excessive by the board, exceeds eight million five hundred thousand dollars ($8,500,000), the board shall order payment of the amount that exceeds eight million five hundred thousand dollars ($8,500,000) into the unemployment insurance benefit fund. of the amount of the special employment and training services fund deemed to be excessive.
    (c) Subject to the approval of the board and the availability of funds, on July 1, 2008, and each subsequent July 1, the commissioner shall release:
        (1) one million dollars ($1,000,000) to the state educational institution established under IC 21-25-2-1 for training provided to participants in apprenticeship programs approved by the United States Department of Labor, Bureau of Apprenticeship and

Training;
        (2) four million dollars ($4,000,000) to the state educational institution instituted and incorporated under IC 21-22-2-1 for training provided to participants in joint labor and management apprenticeship programs approved by the United States Department of Labor, Bureau of Apprenticeship and Training; and
        (3) two hundred fifty thousand dollars ($250,000) for journeyman upgrade training to each of the state educational institutions described in subdivisions (1) and (2); and
        (4) four hundred fifty thousand dollars ($450,000) annually for training and counseling assistance provided by Hometown Plans under 41 CFR 60-4.5 for individuals who have been unemployed for at least four (4) weeks or whose annual income is less than twenty thousand dollars ($20,000). The training and counseling assistance programs funded by this subsection must be approved by the United States Department of Labor's Bureau of Apprenticeship Training.

Each state educational institution described in this subsection is entitled to keep ten percent (10%) of the funds released under this subsection for the payment of costs of administering the funds. On each June 30 following the release of the funds, any funds released under this subsection not used by the state educational institutions under this subsection shall be returned to the special employment and training services fund.".

SOURCE: Page 47, line 32; (09)AM008409.47. -->     Page 47, between lines 32 and 33, begin a new paragraph and insert:
SOURCE: IC 22-4-43; (09)AM008409.58. -->     "SECTION 58. IC 22-4-43 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
     Chapter 43. Hoosier Workers First Training Program
    Sec. 1. As used in this chapter, "fund" refers to the Hoosier workers first training fund established by section 5 of this chapter.
    Sec. 2. The Hoosier workers first training program is established for the following purposes:
        (1) To improve manufacturing productivity levels in Indiana.
        (2) To enable firms to become competitive by making workers more productive through training.
        (3) To create a competitive economy by creating and retaining

jobs.
        (4) To encourage the increased training necessary because of an aging workforce.
        (5) To avoid potential payment of unemployment compensation by providing workers with enhanced job skills.
    Sec. 3. The department shall administer the Hoosier workers first training program.
    Sec. 4. For each state fiscal year, the department shall prepare an annual report on the use of the fund as a part of the report required by IC 22-4-18-7.
    Sec. 5. (a) The Hoosier workers first training fund is established to do the following:
        (1) Administer the costs of the Hoosier workers first training program established by section 2 of this chapter.
        (2) Undertake any program or activity that furthers the purposes of this chapter.
    (b) The money in the fund shall be allocated to employers or consortiums for worker training grants that enable workers who reside in Indiana to obtain recognizable credentials or certifications and transferable employment skills that improve employer competitiveness.
    (c) Special consideration shall be given to Ivy Tech Community College (as defined in IC 21-7-13-22) 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 worker training grants described in subsection (b), the department 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) Allocate the money in the fund in accordance with subsections (b) and (c).
    (e) 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.
    (f) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
    (g) The fund consists of the following:
        (1) Appropriations from the general assembly.
        (2) Earnings acquired through the use of money belonging to the fund.
        (3) Money deposited in the fund from any other source.
    (h) Any balance in the fund does not lapse but is available continuously to the department for expenditures for the program established by this chapter.
".
SOURCE: Page 54, line 12; (09)AM008409.54. -->     Page 54, after line 12, begin a new paragraph and insert:
SOURCE: ; (09)AM008409.76. -->     "SECTION 76. [EFFECTIVE JULY 1, 2009] (a) As used in this SECTION, "committee" refers to the unemployment insurance oversight advisory committee established by IC 2-5-30-3, as added by this act.
    (b) As used in this SECTION, "department" refers to the department of workforce development established by IC 22-4.1-2-1.
    (c) As used in this SECTION, "fund" refers to the unemployment insurance benefit fund established under IC 22-4-26.
    (d) The commissioner of the department shall, not later than sixty (60) days after the effective date of any economic stimulus package law enacted by the Congress of the United States:
        (1) initiate changes to eligibility and other requirements of the state's existing unemployment insurance system in order for the state to qualify for the maximum amount available under the federal economic stimulus package law, unless the cost of implementing the changes, including the negative fiscal impact on the fund, exceeds the maximum amount available

to the state under the federal economic stimulus package as the result of the state making the changes; and
        (2) submit in an electronic format under IC 5-14-6 to the legislative council, the committee, the speaker of the house of representatives, and the president pro tempore of the senate a report that provides the following:
            (A) Details of the commissioner's actions taken, or the commissioner's decision not to initiate changes, under subdivision (1).
            (B) Recommendations for any legislation necessary to modify the state's unemployment insurance system in order for the state to qualify for amounts available under the federal economic stimulus package law.
            (C) An analysis of the fiscal impact to the fund of:
                (i) the commissioner's actions taken, or the commissioner's decision not to initiate changes, under subdivision (1); and
                (ii) the legislation recommended under clause (B), if the legislation is enacted.
    (e) This SECTION expires July 1, 2011.
".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 84 as printed February 6, 2009.)

and when so amended that said bill do pass.

__________________________________

Representative Niezgodski


AM008409/DI 96    2009