YES:
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.
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.".
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.".
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;
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.