SB 23-2_ Filed 02/18/2010, 11:47
Adopted 2/18/2010


Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

7

                                                        NO:
2

MR. SPEAKER:
    Your Committee on       Labor and Employment     , to which was referred       Senate Bill 23     , 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; (10)AM002301.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 6-1.1-20-3.5; (10)AM002301.1. -->     "SECTION 1. IC 6-1.1-20-3.5, AS AMENDED BY P.L.182-2009(ss), SECTION 145, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3.5. (a) This section applies only to a controlled project that meets the following conditions:
        (1) The controlled project is described in one (1) of the following categories:
            (A) An elementary school building, middle school building, or other school building for academic instruction that:
                (i) will be used for any combination of kindergarten through grade 8;
                (ii) will not be used for any combination of grade 9 through grade 12; and
                (iii) will cost more than ten million dollars ($10,000,000), or fifteen million dollars ($15,000,000), whenever the statewide average unemployment rate in the previous calendar year for the construction industry is ten percent (10%) or higher.
            (B) A high school building or other school building for academic instruction that:
                (i) will be used for any combination of grade 9 through grade 12;
                (ii) will not be used for any combination of kindergarten through grade 8; and
                (iii) will cost more than twenty million dollars ($20,000,000), or thirty million dollars ($30,000,000), whenever the statewide average unemployment rate in the previous calendar year for the construction industry is ten percent (10%) or higher.
            (C) Any other controlled project that:
                (i) is not a controlled project described in clause (A) or (B); and
                (ii) except as provided in subsection (d), will cost the political subdivision more than the lesser of twelve million dollars ($12,000,000) or an amount equal to one percent (1%) of the total gross assessed value of property within the political subdivision on the last assessment date (if that amount is at least one million dollars ($1,000,000)).
        (2) The proper officers of the political subdivision make a preliminary determination after June 30, 2008, in the manner described in subsection (b) to issue bonds or enter into a lease for the controlled project.
    (b) A political subdivision may not impose property taxes to pay debt service on bonds or lease rentals on a lease for a controlled project without completing the following procedures:
        (1) The proper officers of a political subdivision shall publish notice in accordance with IC 5-3-1 and send notice by first class

mail to any organization that delivers to the officers, before January 1 of that year, an annual written request for notices of any meeting to consider the adoption of an ordinance or a resolution making a preliminary determination to issue bonds or enter into a lease and shall conduct a public hearing on the preliminary determination before adoption of the ordinance or resolution. The political subdivision must make the following information available to the public at the public hearing on the preliminary determination, in addition to any other information required by law:
            (A) The result of the political subdivision's current and projected annual debt service payments divided by the net assessed value of taxable property within the political subdivision.
            (B) The result of:
                (i) the sum of the political subdivision's outstanding long term debt plus the outstanding long term debt of other taxing units that include any of the territory of the political subdivision; divided by
                (ii) the net assessed value of taxable property within the political subdivision.
            (C) The information specified in subdivision (3)(A) through (3)(G).
        (2) If the proper officers of a political subdivision make a preliminary determination to issue bonds or enter into a lease, the officers shall give notice of the preliminary determination by:
            (A) publication in accordance with IC 5-3-1; and
            (B) first class mail to the organizations described in subdivision (1).
        (3) A notice under subdivision (2) of the preliminary determination of the political subdivision to issue bonds or enter into a lease must include the following information:
            (A) The maximum term of the bonds or lease.
            (B) The maximum principal amount of the bonds or the maximum lease rental for the lease.
            (C) The estimated interest rates that will be paid and the total interest costs associated with the bonds or lease.
            (D) The purpose of the bonds or lease.


            (E) A statement that the proposed debt service or lease payments must be approved in an election on a local public question held under section 3.6 of this chapter.
            (F) With respect to bonds issued or a lease entered into to open:
                (i) a new school facility; or
                (ii) an existing facility that has not been used for at least three (3) years and that is being reopened to provide additional classroom space;
            the estimated costs the school corporation expects to annually incur to operate the facility.
            (G) The political subdivision's current debt service levy and rate and the estimated increase to the political subdivision's debt service levy and rate that will result if the political subdivision issues the bonds or enters into the lease.
            (H) The information specified in subdivision (1)(A) through (1)(B).
        (4) After notice is given, a petition requesting the application of the local public question process under section 3.6 of this chapter may be filed by the lesser of:
            (A) one hundred (100) persons who are either owners of real property within the political subdivision or registered voters residing within the political subdivision; or
            (B) five percent (5%) of the registered voters residing within the political subdivision.
        (5) The state board of accounts shall design and, upon request by the county voter registration office, deliver to the county voter registration office or the county voter registration office's designated printer the petition forms to be used solely in the petition process described in this section. The county voter registration office shall issue to an owner or owners of real property within the political subdivision or a registered voter residing within the political subdivision the number of petition forms requested by the owner or owners or the registered voter. Each form must be accompanied by instructions detailing the requirements that:
            (A) the carrier and signers must be owners of real property or registered voters;
            (B) the carrier must be a signatory on at least one (1) petition;
            (C) after the signatures have been collected, the carrier must swear or affirm before a notary public that the carrier witnessed each signature; and
            (D) govern the closing date for the petition period.
        Persons requesting forms may be required to identify themselves as owners of real property or registered voters and may be allowed to pick up additional copies to distribute to other property owners or registered voters. Each person signing a petition must indicate whether the person is signing the petition as a registered voter within the political subdivision or is signing the petition as the owner of real property within the political subdivision. A person who signs a petition as a registered voter must indicate the address at which the person is registered to vote. A person who signs a petition as a real property owner must indicate the address of the real property owned by the person in the political subdivision.
        (6) Each petition must be verified under oath by at least one (1) qualified petitioner in a manner prescribed by the state board of accounts before the petition is filed with the county voter registration office under subdivision (7).
        (7) Each petition must be filed with the county voter registration office not more than thirty (30) days after publication under subdivision (2) of the notice of the preliminary determination.
        (8) The county voter registration office shall determine whether each person who signed the petition is a registered voter. However, after the county voter registration office has determined that at least one hundred twenty-five (125) persons who signed the petition are registered voters within the political subdivision, the county voter registration office is not required to verify whether the remaining persons who signed the petition are registered voters. If the county voter registration office does not determine that at least one hundred twenty-five (125) persons who signed the petition are registered voters, the county voter registration office, not more than fifteen (15) business days after receiving a petition, shall forward a copy of the petition to the county auditor. Not more than ten (10) business days after receiving the copy of the petition, the county auditor shall provide

to the county voter registration office a statement verifying:
            (A) whether a person who signed the petition as a registered voter but is not a registered voter, as determined by the county voter registration office, is the owner of real property in the political subdivision; and
            (B) whether a person who signed the petition as an owner of real property within the political subdivision does in fact own real property within the political subdivision.
        (9) The county voter registration office, not more than ten (10) business days after determining that at least one hundred twenty-five (125) persons who signed the petition are registered voters or after receiving the statement from the county auditor under subdivision (8) (as applicable), shall make the final determination of whether a sufficient number of persons have signed the petition. Whenever the name of an individual who signs a petition form as a registered voter contains a minor variation from the name of the registered voter as set forth in the records of the county voter registration office, the signature is presumed to be valid, and there is a presumption that the individual is entitled to sign the petition under this section. Except as otherwise provided in this chapter, in determining whether an individual is a registered voter, the county voter registration office shall apply the requirements and procedures used under IC 3 to determine whether a person is a registered voter for purposes of voting in an election governed by IC 3. However, an individual is not required to comply with the provisions concerning providing proof of identification to be considered a registered voter for purposes of this chapter. A person is entitled to sign a petition only one (1) time in a particular referendum process under this chapter, regardless of whether the person owns more than one (1) parcel of real property within the political subdivision and regardless of whether the person is both a registered voter in the political subdivision and the owner of real property within the political subdivision. Notwithstanding any other provision of this section, if a petition is presented to the county voter registration office within forty-five (45) days before an election, the county voter registration office may defer acting on the petition, and the time requirements under this section for action by the county

voter registration office do not begin to run until five (5) days after the date of the election.
        (10) The county voter registration office must file a certificate and each petition with:
            (A) the township trustee, if the political subdivision is a township, who shall present the petition or petitions to the township board; or
            (B) the body that has the authority to authorize the issuance of the bonds or the execution of a lease, if the political subdivision is not a township;
        within thirty-five (35) business days of the filing of the petition requesting the referendum process. The certificate must state the number of petitioners who are owners of real property within the political subdivision and the number of petitioners who are registered voters residing within the political subdivision.
        (11) If a sufficient petition requesting the local public question process is not filed by owners of real property or registered voters as set forth in this section, the political subdivision may issue bonds or enter into a lease by following the provisions of law relating to the bonds to be issued or lease to be entered into.
    (c) If the proper officers of a political subdivision make a preliminary determination to issue bonds or enter into a lease, the officers shall provide to the county auditor:
        (1) a copy of the notice required by subsection (b)(2); and
        (2) any other information the county auditor requires to fulfill the county auditor's duties under section 3.6 of this chapter.
     (d) This subsection applies to a controlled project described in subsection (a)(1)(C) whenever the statewide average unemployment rate in the previous calendar year for the construction industry is ten percent (10%) or higher. The amounts listed in subsection (a)(1)(C)(ii) are increased as follows:
        (1) Twelve million dollars ($12,000,000) is increased to eighteen million dollars ($18,000,000).
        (2)
An amount equal to one percent (1%) of the total gross assessed value of property within the political subdivision on the last assessment date (if that amount is at least one million dollars ($1,000,000)) is increased to an amount equal to one and one-half percent (1.5%) of the total gross assessed value

of property within the political subdivision on the last assessment date (if that amount is at least one million dollars ($1,000,000)).

SOURCE: IC 6-3-7-5; (10)AM002301.2. -->     SECTION 2. IC 6-3-7-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5. (a) As used in this section, "independent contractor" refers to a person described in IC 22-3-6-1(b)(7) or IC 22-3-7-9(b)(5).
    (b) As used in this section, "person" means an individual, a proprietorship, a partnership, a joint venture, a firm, an association, a corporation, or other legal entity.
    (c) An independent contractor who does not make an election under:
        (1) IC 22-3-6-1(b)(4) or IC 22-3-6-1(b)(5) is not subject to the compensation provisions of IC 22-3-2 through IC 22-3-6; or
        (2) IC 22-3-7-9(b)(2) or IC 22-3-7-9(b)(3) is not subject to the compensation provisions of IC 22-3-7;
and must file a statement with the department with supporting documentation of independent contractor status and obtain a certificate of exemption under this section.
    (d) An independent contractor shall file with the department, in the form prescribed by the department, a statement providing the following information:
        (1) The independent contractor's name, trade name, address, and telephone number.
        (2) The independent contractor's federal identification number or Social Security number.
        (3) The name and:
            (A) Social Security number;
            (B) federal employer identification number (FEIN); or
            (C) taxpayer identification number (TIN);
        of each person or entity with whom the independent contractor has contracted.
    (e) Along with the statement required in subsection (d), an independent contractor shall file annually with the department documentation in support of independent contractor status before being granted a certificate of exemption. The independent contractor must obtain clearance from the department of state revenue before issuance of the certificate.
    (f) An independent contractor shall pay a filing fee of five

twenty-five dollars ($5) ($25) with the statement required in subsection (d). The fees collected under this subsection shall be deposited into a special account in the state general fund known as the independent contractor information account. Money in the independent contractor information account is annually appropriated to the department for its use in carrying out the purposes of this section.
    (g) The department shall keep each statement and supporting documentation received under this section on file and on request may verify that a certificate of exemption is on file.
    (h) The certificate of exemption required by this section must be on a form prescribed and provided by the department. A certificate issued under this section is valid for one (1) year. The department shall maintain the original certificate on file.
    (i) A certificate of exemption must certify the following information:
        (1) That the independent contractor has worker's compensation coverage for the independent contractor's employees in accordance with IC 22-3-2 through IC 22-3-7.
        (2) That the independent contractor desires to be exempt from being able to recover under the worker's compensation policy or self-insurance of a person for whom the independent contractor will perform work only as an independent contractor.
    (j) The department shall provide the certificate of exemption to the person requesting it not less than seven (7) business days after verifying the accuracy of the supporting documentation. To be given effect, a certificate of exemption must be filed with the worker's compensation board of Indiana in accordance with IC 22-3-2-14.5(f) and IC 22-3-7-34.5(g).
    (k) Not more than thirty (30) days after the department receives an independent contractor's statement and supporting documentation and issues a certificate of exemption, the department shall provide the independent contractor with an explanation of the department's tax treatment of independent contractors and the duty of the independent contractor to remit any taxes owed.
    (l) The information received from an independent contractor's statement and supporting documentation is to be treated as confidential by the department and is to be used solely for the purposes of this section.


    (m) A contractor who knowingly or intentionally causes or assists employees, including temporary employees, to file a false statement and supporting documentation of independent contractor status commits a Class D felony.
SOURCE: IC 6-8.1-9-14; (10)AM002301.3. -->     SECTION 3. IC 6-8.1-9-14, AS AMENDED BY P.L.103-2007, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 14. (a) Except as provided in subsection (n), the department shall establish, administer, and make available a centralized debt collection program for use by state agencies to collect delinquent accounts, charges, fees, loans, taxes, civil penalties assessed by agencies, or other indebtedness owed to or being collected by state agencies. The department's collection facilities shall be available for use by other state agencies only when resources are available to the department.
    (b) The commissioner shall prescribe the appropriate form and manner in which collection information is to be submitted to the department.
    (c) The debt must be delinquent and not subject to litigation, claim, appeal, or review under the appropriate remedies of a state agency.
    (d) The department has the authority to collect for the state or claimant agency (as defined in IC 6-8.1-9.5-1) delinquent accounts, charges, fees, loans, taxes, or other indebtedness due the state or claimant agency that has a formal agreement with the department for central debt collection.
    (e) The formal agreement must provide that the information provided to the department be sufficient to establish the obligation in court and to render the agreement as a legal judgment on behalf of the state. After transferring a file for collection to the department for collection, the claimant agency shall terminate all collection procedures and be available to provide assistance to the department. Upon receipt of a file for collection, the department shall comply with all applicable state and federal laws governing collection of the debt.
    (f) The department may use a claimant agency's statutory authority to collect the claimant agency's delinquent accounts, charges, fees, loans, taxes, or other indebtedness owed to the claimant agency.
    (g) The department's right to credit against taxes due may not be impaired by any right granted the department or other state agency under this section.
    (h) The department of state revenue may charge the claimant agency a fee not to exceed fifteen percent (15%) of any funds the department collects for a claimant agency. Notwithstanding any law concerning delinquent accounts, charges, fees, loans, taxes, or other indebtedness, the fifteen percent (15%) fee shall be added to the amount due to the state or claimant agency when the collection is made.
    (i) Fees collected under subsection (h) shall be retained by the department after the debt is collected for the claimant agency and are appropriated to the department for use by the department in administering this section.
    (j) The department shall transfer any funds collected from a debtor to the claimant agency within thirty (30) days after the end of the month in which the funds were collected.
    (k) When a claimant agency requests collection by the department, the claimant agency shall provide the department with:
        (1) the full name;
        (2) the Social Security number or federal identification number, or both;
        (3) the last known mailing address; and
        (4) additional information that the department may request;
concerning the debtor.
    (l) The department shall establish a minimum amount that the department will attempt to collect for the claimant agency.
    (m) The commissioner shall report, not later than March 1 for the previous calendar year, to the governor, the budget director, and the legislative council concerning the implementation of the centralized debt collection program, the number of debts, the dollar amounts of debts collected, and an estimate of the future costs and benefits that may be associated with the collection program. A report to the legislative council under this subsection must be in an electronic format under IC 5-14-6.
    (n) The department may not assess a fee to a state agency or a custodial parent for seeking a setoff to a state or federal income tax refund for past due child support.
SOURCE: IC 22-1-1-16; (10)AM002301.4. -->     SECTION 4. IC 22-1-1-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 16. The commissioner of labor and his an authorized representative of the commissioner of labor shall have the power and the authority to enter any place of

employment for the purpose of collecting facts and statistics relating to the employment of workers and of making inspections for the proper enforcement of all of the labor laws of this state, including IC 5-16-7 and IC 22-2-15. No employer or owner shall refuse to admit the commissioner of labor or his authorized representatives of the commissioner of labor to his the employer's or owner's place of employment.

SOURCE: IC 22-2-15; (10)AM002301.5. -->     SECTION 5. IC 22-2-15 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]:
     Chapter 15. Employee Defined Classification Act
    Sec. 1. This chapter applies after December 31, 2010.
    Sec. 2. This chapter is intended to address the proper classification of employees and independent contractors.
    Sec. 3. As used in this chapter, "agent of the contractor" means:
        (1) an individual having management authority or enforcement powers with respect to a practice or policy of the contractor regarding the classification of an employee of the contractor;
        (2) a corporate officer of the contractor; or
        (3) a member of the board of directors of the contractor.
    Sec. 4. (a) As used in this chapter, "board" refers to the worker's compensation board of Indiana created by IC 22-3-1-1(a).
    (b) The term includes the board, the secretary of the board, employees of the board, and agents authorized by the board to act on behalf of the board.
    Sec. 5. (a) As used in this chapter, "construction" means any constructing, altering, reconstructing, repairing, rehabilitating, refinishing, refurbishing, remodeling, remediating, renovating, custom fabricating, maintaining, landscaping, improving, wrecking, painting, decorating, demolishing, and adding to or subtracting from any building, structure, airport facility, highway, roadway, street, bridge, alley, sewer, drain, ditch, sewage disposal plant, waterworks, parking facility, railroad, excavation, or other project, development, real property or improvement, or doing any part of these actions.
    (b) For purposes of subsection (a), it is immaterial whether or not the performance of the work described involves the addition of

any material or article of merchandise to, or fabrication into, a structure, project, development, real property, or improvement described in this section.
    (c) The term defined in subsection (a) includes moving construction related materials to or from the job site.
    Sec. 6. (a) As used in this chapter, "contractor" means any sole proprietor, partnership, firm, corporation, limited liability company, association, or other legal entity that engages in construction authorized by law to do business within Indiana.
    (b) The term includes a general contractor, a subcontractor, and a lower tiered contractor.
    (c) The term does not include the state, the federal government, or a political subdivision.
    Sec. 7. (a) As used in this chapter, "department" refers to the department of labor created by IC 22-1-1-1.
    (b) The term includes the commissioner, employees of the department of labor, and agents authorized by the commissioner to act on behalf of the department of labor.
    Sec. 8. (a) As used in this chapter, "department of revenue" refers to the department of state revenue established by IC 6-8.1-2-1.
    (b) The term includes the commissioner,
employees of the department of revenue, and agents authorized by the commissioner to act on behalf of the department of revenue.
    Sec. 9. (a) As used in this chapter, "department of workforce development" refers to the department of workforce development established by IC 22-4.1-2-1.
    (b) The term includes the commissioner,
employees of the department of workforce development, and agents authorized by the commissioner to act on behalf of the department of workforce development.
    Sec. 10. (a) As used in this chapter, "interested party" means a person with an interest in compliance with this chapter, including the state or a political subdivision.
    (b) This section does not require that a person be aggrieved in order to be considered an interested party.
    Sec. 11. As used in this chapter, "performing services" means performing construction services.


    Sec. 12. As used in this chapter, "political subdivision" has the meaning set forth in IC 36-1-2-13.
    Sec. 13. As used in this chapter, "subcontractor" has the meaning set forth in IC 36-1-12-1.2(3).
    Sec. 14. An individual performing services for a contractor is considered to be an employee of the contractor unless:
        (1) the individual:
            (A) has been and will continue to be free from control or direction over the performance of the service for the contractor, both under the individual's contract of service and in fact; and
            (B) is engaged in an independently established trade, occupation, profession, or business;
        (2) the individual is determined to be a legitimate sole proprietor or partnership because:
            (A) the sole proprietor or partnership is performing the service without substantial direction and control as to the means and manner of providing the services, subject only to the right of the contractor, for whom the service is provided, to specify the desired result;
            (B) the sole proprietor or partnership has a substantial investment of capital in the sole proprietorship;
            (C) the sole proprietor or partnership owns the capital goods, gains the profits, and bears the losses of the sole proprietorship or partnership;
            (D) the sole proprietor or partnership makes its services available to the general public or the business community on a continuing basis;
            (E) the sole proprietor or partnership includes services rendered on a federal income tax schedule as an independent business or profession;
            (F) the sole proprietor or partnership performs services for the contractor under the sole proprietor's or partnership's name and the contractor pays the sole proprietor or partnership a flat fee or other agreed amount of compensation that is not based on an established rate for any time period of work;
            (G) the sole proprietor or partnership obtains and pays for

the license or permit in the sole proprietor's or partnership's name when the services being provided require a license or permit;
            (H) the sole proprietor or partnership furnishes the tools and equipment necessary to provide the service;
            (I) if necessary, the sole proprietor or partnership hires its own employees, pays the employees without reimbursement from the contractor, and reports the employees' income to the Internal Revenue Service;
            (J) the contractor does not:
                (i) represent the sole proprietor or partnership as an employee of the contractor to its customers; or
                (ii) reimburse the sole proprietor or partnership for its business expenses;
            (K) the sole proprietor or partnership has the right to choose to perform similar services for others; and
            (L) the sole proprietorship or partnership has a written agreement with the contractor describing the intended business relationship;
or
         (3) the individual is an owner-operator that provides a motor vehicle and the services of a driver under a written contract that is subject to IC 8-2.1-24-23, 45 IAC 16-1-13, or 49 CFR 376, to a motor carrier.
    Sec. 15. It is a violation of this chapter for a contractor, an agent of a contractor, or a subcontractor to classify an individual as an independent contractor unless the relationship between the individual and the contractor or subcontractor is excluded under section 14 of this chapter.
    Sec. 16. (a) A contractor or subcontractor shall maintain records for a period as required in
IC 6-3-6-10 and IC 6-8.1-5-4 for an individual performing services for the contractor or subcontractor, regardless whether the individual is classified as:
        (1) an employee;
        (2) an independent contractor;
        (3) a sole proprietor; or
        (4) a partnership.
    (b) Records to be maintained by the contractor or subcontractor must include all documents related to, or tending to establish the

nature of, the relationship between the contractor or subcontractor and an individual performing services for the contractor or subcontractor. Records that must be maintained under this section for an individual performing services for the contractor or subcontractor include, but are not limited to:
        (1) the:
            (A) name;
            (B) address;
            (C) phone number; and
            (D) Social Security number, individual taxpayer identification number, or federal tax identification number;
        (2) the type of work performed and the total number of days and hours worked;
        (3) the method, frequency, and basis on which wages were paid or payments were made;
        (4) all invoices, billing statements, or other payment records, including the dates of payments, and any miscellaneous income paid or deductions made;
        (5) copies of all contracts with the individual, agreements with the individual, applications for employment by the individual with the contractor
or subcontractor, and policy or employment manuals of the employer for the period that the individual performed services for the contractor or subcontractor; and
        (6) any federal and state tax documents or other information the department considers relevant or necessary.
    Sec. 17. (a) An interested party may file a complaint with the department against a contractor or a subcontractor if the interested party has a reasonable belief that the contractor or subcontractor is in violation of this chapter. The department may not investigate a complaint for a violation alleged to have occurred before January 1, 2011.
    (b) Upon receiving a complaint under subsection (a), the department immediately shall commence an investigation to ascertain the facts relating to the violation alleged in the complaint and determine whether a violation under this chapter has occurred. The investigation may be made by written or oral

inquiry, field visit, conference, or any method or combination of methods the department considers suitable. The department:
         (1) shall conduct investigations, including random inspections, in connection with the administration and enforcement of this chapter;
        (2) shall enforce this chapter; and
        (3) may hire investigators and other personnel necessary to carry out the purpose of this chapter.
    (c) The department has authority to visit and inspect, at all reasonable times, a worksite subject to the provisions of this chapter and has authority to inspect, at all reasonable times, documents related to the determination of whether an individual is an independent contractor under section 14 of this chapter.
    (d) The department may:
        (1) compel, by subpoena, the attendance and testimony of witnesses and the production of books, payrolls, records, papers, and other evidence in an investigation; and
        (2) administer oaths to witnesses.
    Sec. 18. (a) The department, the department of workforce development, the department of revenue, and the board shall cooperate under this chapter by sharing information concerning suspected failure to properly classify an independent contractor as an employee by a contractor, an agent of a contractor, or a subcontractor.
    (b) Before January 1, 2011, the department, the department of workforce development, the department of revenue, and the board shall develop a joint computer system in order to share information. For purposes of IC 5-14-3-4, information exchanged under this section is confidential.
    Sec. 19. (a) Whenever the department determines, after investigation, that a violation of this chapter has occurred, the department shall issue and cause to be served on the contractor or the subcontractor, by posting at the site in a location visible to the workers, if construction is still occurring, an order to cease and desist from further violation of this chapter. The department also shall order the contractor or subcontractor to make all workers whole who were misclassified as independent contractors, including appropriate contributions to unemployment insurance,

Federal Insurance Contributions Act, and Medicare on behalf of the workers. If construction has ceased, the notice shall be sent by first class mail to the business address of the contractor as shown in the records of the secretary of state. If a subcontractor has committed the violation, the department shall notify the contractor either at the job site or by first class mail sent to the business address of the contractor as shown in the records of the secretary of state, and to the subcontractor, either at the job site or by first class mail sent to the business address of the subcontractor as shown in the records of the secretary of state. An order issued under this section is a matter of public record.
    (b) Upon determining that a contractor, an agent of a contractor, or a subcontractor has classified an employee as an independent contractor in violation of this chapter, the department shall notify:
        (1) the department of workforce development, which shall investigate the contractor's compliance with laws under IC 22-4 and IC 22-4.1;
        (2) the department of revenue, which shall investigate the contractor's compliance with laws under IC 6; and
        (3) the board, which shall investigate the contractor's compliance with laws under IC 22-3.

The department of workforce development, the department of revenue, and the board have the option to join in the investigation with the department or to commence a separate investigation.
    Sec. 20. Seven (7) business days after the department serves a cease and desist order upon a violator under section 19 of this chapter, if services are continuing to be performed, the investigating department shall return to the job site and continue investigation of the classification of employees. If the department concludes that the improper classification of employees is continuing, the department shall impose a civil penalty of one thousand dollars ($1,000) per improperly classified employee against the contractor. The civil penalty shall be deposited in the employee classification fund established by section 23 of this chapter. A civil penalty imposed under this section is a matter of public record.
    Sec. 21. (a) A contractor, agent of a contractor, or subcontractor

that receives:
        (1) a cease and desist order;
        (2) a civil penalty assessment; or
        (3) a determination that money is due an employee due to misclassification;
from the department may seek a hearing on the determination by filing a written petition for review with the department within ten (10) business days after receipt of the determination and in accordance with IC 4-21.5-3-2. The petition for review must contain a statement of the basis for contesting the determination of the department. The department shall mail a copy of the petition for review to the complainant and to any interested party designated on the complaint. The contractor or subcontractor shall post a copy of the petition for review contemporaneously with the filing of the petition at or near the place where the alleged violation occurred or, if the contractor or subcontractor is no longer performing services at the place where the alleged violation occurred, at the contractor's or subcontractor's principal place of business in a conspicuous place where labor notices regularly are posted. Further, the contractor or subcontractor, when filing the petition, shall post a bond in an amount sufficient to pay wages, salary, employment benefits, or other compensation lost or denied to the individual as determined by the department and civil penalties assessed by the department. If the contractor, agent of the contractor, or subcontractor does not file a petition for review and post a bond within the ten (10) business day period, the department's determination is final.
    (b) If the contractor, agent of the contractor, or subcontractor files a petition for review of an action under this section within ten (10) business days after notification of the proposed action by the department, the commissioner shall set a hearing on the proposed action. The hearing must take place not more than forty-five (45) calendar days after the receipt of the request for the hearing by the department. The hearing must be held in accordance with IC 4-21.5.
    Sec. 22. If a contractor or subcontractor does not:
        (1) file a written petition for review within ten (10) business days after receipt of the determination in accordance with

IC 4-21.5-3-2 as required by section 21(a) of this chapter; or
        (2) prevail in an appeal under IC 4-21.5-3-2;
the department may additionally order the contractor or subcontractor to cease work on all projects where the contractor or subcontractor has been found to have misclassified employees under this chapter. This order must remain in effect until the department determines that the contractor or subcontractor has remedied fully the misclassification, including making all employees whole for the misclassification.
    Sec. 23. (a) The employee classification fund is established to provide funds for:
        (1) administering this chapter;
        (2) investigating contractors, agents of contractors, and subcontractors;
        (3) determining whether there is proof to substantiate allegations of failure to properly classify employees; and
        (4) meeting other expenses incurred in carrying out the duties of the department under this chapter.
The fund consists of civil penalties collected by the department under this chapter. The fund shall be administered by the department.
    (b) The expenses of administering the fund shall be paid from money in the fund.
    (c) 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. The interest that accrues from these investments shall be deposited in the fund.
    (d) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
    (e) Money in the fund is continuously appropriated for the purposes of this chapter.
    Sec. 24. IC 22-1-1-18 applies to a violation of this chapter. When it appears to the department that a contractor, an agent of a contractor, or a subcontractor has violated a valid order of the department issued under this chapter, the department may:
        (1) commence an action through the attorney general; and
        (2) seek an order from the superior or circuit court in the county in which the contractor or subcontractor does

business;
mandating the contractor or the subcontractor to obey the order of the department. The failure of the contractor or the subcontractor to obey a court order obtained under this section is contempt of court.
    Sec. 25. (a) The department shall post a summary of the requirements of this chapter on the Internet web site of the department.
    (b) After the second subsequent violation determined by the department that occurs within five (5) years of an earlier violation, the department shall place the contractor's or subcontractor's name on a list maintained on the Internet web site of the department. A contract for a public work may not be awarded by a department of the state or a political subdivision to:
        (1) a contractor or subcontractor whose name appears on the list; or
        (2) a firm, a corporation, a partnership, or an association in which the contractor or subcontractor has an interest;
until four (4) years after the posting of the contractor's or subcontractor's name on the list. If a contractor, agent of the contractor, or subcontractor files a timely petition for review under section 21(b) of this chapter, the contractor's or subcontractor's name shall not be added to the list until the department's determination that the contractor or subcontractor has violated this chapter is final.
    Sec. 26. (a) It is a violation of this chapter for a contractor, an agent of a contractor, or a subcontractor to retaliate through discharge or in any other manner against a person for exercising a right granted under this chapter.
    (b) It is a violation of this chapter for a contractor, an agent of a contractor, or a subcontractor to retaliate against a person for:
        (1) making a complaint to a contractor or an agent of a contractor, to a coworker, to a community organization, to a state or federal agency, or within a public hearing that rights guaranteed under this chapter have been violated;
        (2) causing a proceeding under or related to this chapter to be instituted; or
        (3) testifying or preparing to testify in an investigation or

proceeding under this chapter.
    (c) Retaliation through discharge or in any other manner subjects a contractor, an agent of a contractor, or a subcontractor to a private civil action brought by the aggrieved person.
    (d) In a civil action for unlawful retaliation, the court may award:
        (1) all legal or equitable relief, or both, as appropriate; and
        (2) attorney's fees and costs.
    (e) The right of an aggrieved person to bring a civil action under this section terminates three (3) years after the final date of performing services for the contractor or subcontractor by the affected employee. However, the period of limitation established by this subsection is tolled if the contractor, an agent of the contractor, or a subcontractor has deterred a person's exercise of rights under this chapter.
    Sec. 27. A person may not waive any provision of this chapter.
    Sec. 28. All statutory provisions and penalties existing before July 1, 2010, including fines, that apply to the improper classification of employees as independent contractors remain in effect after June 30, 2010.
    Sec. 29. A finding made under this chapter:
        (1) is for the purpose of enforcing this chapter; and
        (2) is not admissible or binding against a party in a proceeding other than a proceeding under this chapter.

SOURCE: IC 22-4-2-12; (10)AM002301.6. -->     SECTION 6. IC 22-4-2-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 12. (a) Except as provided in subsection (b), "base period" means the first four (4) of the last five (5) completed calendar quarters immediately preceding the first day of an individual's benefit period. Provided, however, That
    (b) If an individual does not establish a benefit period because the wage requirements of IC 22-4-14-5 are not met when determining the base period under subsection (a), the base period means the most recent four (4) completed calendar quarters immediately preceding the first day of an individual's benefit period.

     (c) For a claim computed in accordance with IC 1971, 22-4-22, IC 22-4-22-1, the base period shall be the base period as outlined in the paying state's law.
SOURCE: IC 22-4-2-12.5; (10)AM002301.7. -->     SECTION 7. IC 22-4-2-12.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 12.5. Notwithstanding section 12 of this chapter, for an individual who during the "base period" as defined in that section has received worker's compensation benefits under IC 22-3-3 for a period of fifty-two (52) weeks or less, and as a result has not earned sufficient wage credits to meet the requirements of IC 22-4-14-5, "base period" means the first most recent four (4) of the last five (5) completed calendar quarters immediately preceding the last day that the individual was able to work, as a result of the individual's injury.
SOURCE: IC 22-4-2-30.5; (10)AM002301.8. -->     SECTION 8. IC 22-4-2-30.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 30.5. "Illness or disability", for purposes of IC 22-4-14 and IC 22-4-15, means a verified illness or disability that necessitates treatment or care for a longer period than the period for which an individual's employer is willing to grant paid or unpaid leave to the individual. The term includes a disability without regard to whether the disability is:
        (1) physical or mental;
        (2) permanent or temporary; or
        (3) partial or total.
".
SOURCE: Page 3, line 28; (10)AM002301.3. -->     Page 3, between lines 28 and 29, begin a new paragraph and insert:
SOURCE: IC 22-4-4-3; (10)AM002301.10. -->     "SECTION 10. IC 22-4-4-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) For calendar quarters beginning on and after April 1, 1979, and before April 1, 1984, "wage credits" means remuneration paid for employment by an employer to an individual. Wage credits may not exceed three thousand six hundred sixty-six dollars ($3,666) and may not include payments specified in section 2(b) of this chapter.
    (b) For calendar quarters beginning on and after April 1, 1984, and before April 1, 1985, "wage credits" means remuneration paid for employment by an employer to an individual. Wage credits may not exceed three thousand nine hundred twenty-six dollars ($3,926) and may not include payments specified in section 2(b) of this chapter.
    (c) For calendar quarters beginning on and after April 1, 1985, and before January 1, 1991, "wage credits" means remuneration paid for employment by an employer to an individual. Wage credits may not exceed four thousand one hundred eighty-six dollars ($4,186) and may

not include payments specified in section 2(b) of this chapter.
    (d) For calendar quarters beginning on and after January 1, 1991, and before July 1, 1995, "wage credits" means remuneration paid for employment by an employer to an individual. Wage credits may not exceed four thousand eight hundred ten dollars ($4,810) and may not include payments specified in section 2(b) of this chapter.
    (e) For calendar quarters beginning on and after July 1, 1995, and before July 1, 1997, "wage credits" means remuneration paid for employment by an employer to an individual and remuneration received as tips or gratuities in accordance with Sections 3102 and 3301 et seq. of the Internal Revenue Code. Wage credits may not exceed five thousand dollars ($5,000) and may not include payments specified in section 2(b) of this chapter.
    (f) For calendar quarters beginning on and after July 1, 1997, and before July 1, 1998, "wage credits" means remuneration paid for employment by an employer to an individual and remuneration received as tips or gratuities in accordance with Sections 3102 and 3301 et seq. of the Internal Revenue Code. Wage credits may not exceed five thousand four hundred dollars ($5,400) and may not include payments specified in section 2(b) of this chapter.
    (g) For calendar quarters beginning on and after July 1, 1998, and before July 1, 1999, "wage credits" means remuneration paid for employment by an employer to an individual and remuneration received as tips or gratuities in accordance with Sections 3102 and 3301 et seq. of the Internal Revenue Code. Wage credits may not exceed five thousand six hundred dollars ($5,600) and may not include payments that are excluded from the definition of wages under section 2(b) of this chapter.
    (h) For calendar quarters beginning on and after July 1, 1999, and before July 1, 2000, "wage credits" means remuneration paid for employment by an employer to an individual and remuneration received as tips or gratuities in accordance with Sections 3102 and 3301 et seq. of the Internal Revenue Code. Wage credits may not exceed five thousand eight hundred dollars ($5,800) and may not include payments that are excluded from the definition of wages under section 2(b) of this chapter.
    (i) For calendar quarters beginning on and after July 1, 2000, and before July 1, 2001, "wage credits" means remuneration paid for

employment by an employer to an individual and remuneration received as tips or gratuities in accordance with Sections 3102 and 3301 et seq. of the Internal Revenue Code. Wage credits may not exceed six thousand seven hundred dollars ($6,700) and may not include payments that are excluded from the definition of wages under section 2(b) of this chapter.
    (j) For calendar quarters beginning on and after July 1, 2001, and before July 1, 2002, "wage credits" means remuneration paid for employment by an employer to an individual and remuneration received as tips or gratuities in accordance with Sections 3102 and 3301 et seq. of the Internal Revenue Code. Wage credits may not exceed seven thousand three hundred dollars ($7,300) and may not include payments that are excluded from the definition of wages under section 2(b) of this chapter.
    (k) For calendar quarters beginning on and after July 1, 2002, and before July 1, 2003, "wage credits" means remuneration paid for employment by an employer to an individual and remuneration received as tips or gratuities in accordance with Sections 3102 and 3301 et seq. of the Internal Revenue Code. Wage credits may not exceed seven thousand nine hundred dollars ($7,900) and may not include payments that are excluded from the definition of wages under section 2(b) of this chapter.
    (l) For calendar quarters beginning on and after July 1, 2003, and before July 1, 2004, "wage credits" means remuneration paid for employment by an employer to an individual and remuneration received as tips or gratuities in accordance with Sections 3102 and 3301 et seq. of the Internal Revenue Code. Wage credits may not exceed eight thousand two hundred sixteen dollars ($8,216) and may not include payments that are excluded from the definition of wages under section 2(b) of this chapter.
    (m) For calendar quarters beginning on and after July 1, 2004, and before July 1, 2005, "wage credits" means remuneration paid for employment by an employer to an individual and remuneration received as tips or gratuities in accordance with Sections 3102 and 3301 et seq. of the Internal Revenue Code. Wage credits may not exceed eight thousand seven hundred thirty-three dollars ($8,733) and may not include payments that are excluded from the definition of wages under section 2(b) of this chapter.


    (n) For calendar quarters beginning on and after July 1, 2005, and before January 1, 2011, "wage credits" means remuneration paid for employment by an employer to an individual and remuneration received as tips or gratuities in accordance with Sections 3102 and 3301 et seq. of the Internal Revenue Code. Wage credits may not exceed nine thousand two hundred fifty dollars ($9,250) and may not include payments that are excluded from the definition of wages under section 2(b) of this chapter.
     (o) For calendar quarters beginning on and after January 1, 2011, "wage credits" means remuneration paid for employment by an employer to an individual and remuneration received as tips or gratuities in accordance with Sections 3102 and 3301 et seq. of the Internal Revenue Code. Wage credits may not include payments that are excluded from the definition of wages under section 2(b) of this chapter.
SOURCE: IC 22-4-5-1; (10)AM002301.11. -->     SECTION 11. IC 22-4-5-1, AS AMENDED BY P.L.138-2008, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) "Deductible income" wherever used in this article, means income deductible from the weekly benefit amount of an individual in any week, and shall include, but shall not be limited to:
        (1) remuneration for services from employing units, whether or not such remuneration is subject to contribution under this article, except as provided in subsection (c);
        (2) dismissal pay;
        (3) vacation pay;
        (4) pay for idle time;
        (5) holiday pay;
        (6) sick pay;
        (7) traveling expenses granted to an individual by an employing unit and not fully accounted for by such individual;
        (8) net earnings from self-employment;
        (9) payments in lieu of compensation for services;
        (10) awards by the national labor relations board of additional pay, back pay, or for loss of employment, or any such payments made under an agreement entered into by an employer, a union, and the National Labor Relations Board;
        (11) payments made to an individual by an employing unit

pursuant to the terms of the Fair Labor Standards Act (Federal Wage and Hour Law, 29 U.S.C. 201 et seq.);
        (12) for a week in which a payment is actually received by an individual, payments made by an employer to an individual who accepts an offer from the employer in connection with a layoff or a plant closure; or
        (13) except as provided in subsection (c)(2), the part of a payment made by an employer to an individual who accepts an offer from the employer in connection with a layoff or a plant closure if that part is attributable to a week and the week:
            (A) occurs after an individual receives the payment; and
            (B) was used under the terms of a written agreement to compute the payment.
         (14) training allowances or stipends that are:
            (A) cash-in-hand payments under federal or state law to an individual for an individual's discretionary use; and
            (B) not direct or indirect compensation for training costs, such as tuition, books, and supplies.

    (b) Deductible income shall not include the first three dollars ($3), or twenty percent (20%) of the claimant's weekly benefit amount rounded to the next lowest dollar, whichever is the larger, of remuneration paid or payable to an individual with respect to any week by other than the individual's base period employer or employers.
    (c) For the purpose of deductible income only, remuneration for services from employing units does not include:
        (1) bonuses, gifts, or prizes awarded to an employee by an employing unit; or
        (2) compensation made under a valid negotiated contract or agreement in connection with a layoff or plant closure, without regard to how the compensation is characterized by the contract or agreement.
    (d) Deductible income does not include a supplemental unemployment insurance benefit made under a valid negotiated contract or agreement.
     (e) Deductible income does not include any payments made to an individual by a court system under a summons for jury service.".

SOURCE: Page 3, line 40; (10)AM002301.3. -->     Page 3, line 40, after "IC 22-4-11-3.5," insert " IC".
    Page 11, delete lines 8 through 42, begin a new paragraph and insert:
SOURCE: IC 22-4-12-2; (10)AM002301.17. -->     "SECTION 17. IC 22-4-12-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. (a) With respect to initial claims filed for any week beginning on and after July 6, 1980, and before July 7, 1985, each eligible individual who is totally unemployed (as defined in IC 22-4-3-1) in any week in the individual's benefit period shall be paid for the week, if properly claimed, benefits at the rate of four and three-tenths percent (4.3%) of the individual's wage credits in the calendar quarter during the individual's base period in which the wage credits were highest. However, the weekly benefit amount may not exceed:
        (1) eighty-four dollars ($84) if the eligible and qualified individual has no dependents;
        (2) ninety-nine dollars ($99) if the eligible and qualified individual has one (1) dependent;
        (3) one hundred thirteen dollars ($113) if the eligible and qualified individual has two (2) dependents;
        (4) one hundred twenty-eight dollars ($128) if the eligible and qualified individual has three (3) dependents; or
        (5) one hundred forty-one dollars ($141) if the eligible and qualified individual has four (4) or more dependents.
    With respect to initial claims filed for any week beginning on and after July 7, 1985, and before July 6, 1986, each eligible individual who is totally unemployed (as defined in IC 22-4-3-1) in any week in the individual's benefit period shall be paid for the week, if properly claimed, benefits at the rate of four and three-tenths percent (4.3%) of the individual's wage credits in the calendar quarter during the individual's base period in which the wage credits were highest. However, the weekly benefit amount may not exceed:
        (1) ninety dollars ($90) if the eligible and qualified individual has no dependents;
        (2) one hundred six dollars ($106) if the eligible and qualified individual has one (1) dependent;
        (3) one hundred twenty-one dollars ($121) if the eligible and qualified individual has two (2) dependents;
        (4) one hundred thirty-seven dollars ($137) if the eligible and qualified individual has three (3) dependents; or
        (5) one hundred fifty-one dollars ($151) if the eligible and qualified individual has four (4) or more dependents.
    With respect to initial claims filed for any week beginning on and after July 6, 1986, and before July 7, 1991, each eligible individual who is totally unemployed (as defined in IC 22-4-3-1) in any week in the individual's benefit period shall be paid for the week, if properly claimed, benefits at the rate of four and three-tenths percent (4.3%) of the individual's wage credits in the calendar quarter during the individual's base period in which the wage credits were highest. However, the weekly benefit amount may not exceed:
        (1) ninety-six dollars ($96) if the eligible and qualified individual has no dependents;
        (2) one hundred thirteen dollars ($113) if the eligible and qualified individual has one (1) dependent;
        (3) one hundred twenty-nine dollars ($129) if the eligible and qualified individual has two (2) dependents;
        (4) one hundred forty-seven dollars ($147) if the eligible and qualified individual has three (3) dependents; or
        (5) one hundred sixty-one dollars ($161) if the eligible and qualified individual has four (4) or more dependents.
    With respect to initial claims filed for any week beginning on and after July 7, 1991, benefits shall be paid in accordance with subsections (d) through (k).
    For the purpose of this subsection and subsections (e) through (g), the term "dependent" means lawful husband or wife, natural child, adopted child, stepchild, if such stepchild is not receiving aid to dependent children under the welfare program, or child placed in the claimant's home for adoption by an authorized placement agency or a court of law, provided such child is under eighteen (18) years of age and that such dependent claimed has received more than one-half (1/2) the cost of support from the claimant during ninety (90) days (or for duration of relationship, if less) immediately preceding the claimant's benefit year beginning date, but only if such dependent who is the lawful husband or wife is unemployed and currently ineligible for Indiana benefits because of insufficient base period wages. The number and status of dependents shall be determined as of the beginning of the claimant's benefit period and shall not be changed during that benefit period.
    With respect to initial claims filed for any week beginning on and after July 6, 1980, the term "dependent" shall include a person with a disability over eighteen (18) years of age who is a child of the claimant and who receives more than one-half (1/2) the cost of his support from the claimant during the ninety (90) day period immediately preceding the claimant's benefit year beginning date. "Child" includes a natural child, an adopted child, a stepchild of claimant, if the stepchild is not receiving aid to dependent children under the welfare program, or a child placed in the claimant's home for adoption by an authorized placement agency or a court of law. The term "disabled" means an individual who by reason of physical or mental defect or infirmity, whether congenital or acquired by accident, injury, or disease, is totally or partially prevented from achieving the fullest attainable physical, social, economic, mental, and vocational participation in the normal process of living.
    For the purpose of this subsection, the term "dependent" includes a child for whom claimant is the court appointed legal guardian.
    On and after July 6, 1980, and before July 7, 1991, if the weekly benefit amount is less than forty dollars ($40), the board, through the commissioner, shall pay benefits at the rate of forty dollars ($40) per week. On and after July 7, 1991, if the weekly benefit amount is less than fifty dollars ($50), the board, through the commissioner, shall pay benefits at the rate of fifty dollars ($50) per week. If such weekly benefit amount is not a multiple of one dollar ($1), it shall be computed to the next lower multiple of one dollar ($1).
    (b) Each eligible individual who is partially or part-totally unemployed in any week shall be paid with respect to such week a benefit in an amount equal to his weekly benefit amount, less his deductible income, if any, for such week. If such partial benefit is not a multiple of one dollar ($1), it shall be computed to the next lower multiple of one dollar ($1). Except for an individual who is totally unemployed, an individual who is not partially or part-totally unemployed is not eligible for any benefit. The board may prescribe rules governing the payment of such partial benefits, and may provide, with respect to individuals whose earnings cannot reasonably be computed on a weekly basis, that such benefits may be computed and paid on other than a weekly basis; however, such rules shall secure results reasonably equivalent to those provided in the analogous

provisions of this section.
    (c) The weekly extended benefit amount payable to an individual for a week of total unemployment in the individual's eligibility period shall be an amount equal to the weekly benefit amount payable to the individual during the individual's applicable benefit period, prior to any reduction of such weekly benefit amount.
    (d) With respect to initial claims filed for any week beginning on and after July 7, 1991, and before July 1, 1995, each eligible individual who is totally unemployed (as defined in IC 22-4-3-1) in any week in the individual's benefit period shall be paid for the week, if properly claimed, benefits at the rate of:
        (1) five percent (5%) of the first one thousand dollars ($1,000) of the individual's wage credits in the calendar quarter during the individual's base period in which the wage credits were highest; and
        (2) four percent (4%) of the individual's remaining wage credits in the calendar quarter during the individual's base period in which the wage credits were highest.
However, the weekly benefit amount may not exceed the amount specified in subsections (e) through (i).
    (e) With respect to initial claims filed for any week beginning on and after July 7, 1991, and before July 5, 1992, the weekly benefit amount may not exceed:
        (1) one hundred sixteen dollars ($116) if the eligible and qualified individual has no dependents;
        (2) one hundred thirty-four dollars ($134) if the eligible and qualified individual has one (1) dependent;
        (3) one hundred fifty-three dollars ($153) if the eligible and qualified individual has two (2) dependents; or
        (4) one hundred seventy-one dollars ($171) if the eligible and qualified individual has three (3) or more dependents.
    (f) With respect to initial claims filed for any week beginning on and after July 5, 1992, and before July 4, 1993, the weekly benefit amount may not exceed:
        (1) one hundred forty dollars ($140) if the eligible and qualified individual has no dependents;
        (2) one hundred sixty dollars ($160) if the eligible and qualified individual has one (1) dependent; or


        (3) one hundred eighty-one dollars ($181) if the eligible and qualified individual has two (2) or more dependents.
    (g) With respect to initial claims filed for any week beginning on and after July 4, 1993, and before July 3, 1994, the weekly benefit amount may not exceed:
        (1) one hundred seventy dollars ($170) if the eligible and qualified individual has no dependents; or
        (2) one hundred ninety-two dollars ($192) if the eligible and qualified individual has one (1) or more dependents.
    (h) With respect to initial claims filed for any week beginning on or after July 3, 1994, and before July 1, 1995, the weekly benefit amount may not exceed two hundred two dollars ($202).
    (i) With respect to initial claims filed for any week on or after July 1, 1995, the weekly benefit amount will equal the amount that results from applying the percentages provided in subsections (j) through (k) to the applicable maximum wage credits under IC 22-4-4-3.
    (j) With respect to initial claims filed for any week beginning on and after July 1, 1995, and before July 1, 1997, each eligible individual who is totally unemployed (as defined in IC 22-4-3-1) in any week in the individual's benefit period shall be paid for the week, if properly claimed, benefits at the rate of:
        (1) five percent (5%) of the first one thousand seven hundred fifty dollars ($1,750) of the individual's wage credits in the calendar quarter during the individual's base period in which the wage credits were highest; and
        (2) four percent (4%) of the individual's remaining wage credits in the calendar quarter during the individual's base period in which the wage credits were highest.
However, the weekly benefit amount may not exceed the amount specified in subsection (i).
    (k) With respect to initial claims filed for any week beginning on and after July 1, 1997, each eligible individual who is totally unemployed (as defined in IC 22-4-3-1) in any week in the individual's benefit period shall be paid for the week, if properly claimed, benefits at the rate of:
        (1) five percent (5%) of the first two thousand dollars ($2,000) of the individual's wage credits in the calendar quarter during the individual's base period in which the wage credits were highest;

and
        (2) four percent (4%) of the individual's remaining wage credits in the calendar quarter during the individual's base period in which the wage credits were highest.
    (l) This subsection applies after December 31, 2010, to benefits computed and paid under subsection (k). A weekly benefit amount may not exceed fifty-five percent (55%) of the state average weekly wage, determined annually by the department not later than October 1 each year for the twelve (12) month period ending June 30 of that year. The state average weekly wage determined in a year shall be used in determining the maximum weekly benefit amount paid during the following calendar year. However, the maximum weekly benefit amount must be at least three hundred ninety dollars ($390).

SOURCE: IC 22-4-14-3; (10)AM002301.18. -->     SECTION 18. IC 22-4-14-3, AS AMENDED BY P.L.175-2009, SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3. (a) An individual who is receiving benefits as determined under IC 22-4-15-1(c)(8) may restrict the individual's availability because of the individual's need to address:
         (1) the physical, psychological, or legal effects of being a victim of domestic or family violence (as defined in IC 31-9-2-42) against the individual or the individual's spouse, minor child, or parent; or
        (2) matters that qualify as illness or disability (as defined in IC 22-4-2-30.5) of an individual or the individual's spouse, minor child, or parent.

    (b) An unemployed individual shall be eligible to receive benefits with respect to any week only if the individual:
        (1) is physically and mentally able to work;
        (2) is available for work;
        (3) is found by the department to be making an effort to secure full-time work; and
        (4) participates in reemployment services, such as job search assistance services, if the individual has been determined to be likely to exhaust regular benefits and to need reemployment services under a profiling system established by the department, unless the department determines that:
            (A) the individual has completed the reemployment services;

or
            (B) failure by the individual to participate in or complete the reemployment services is excused by the director under IC 22-4-14-2(b).
The term "effort to secure full-time work" shall be defined by the department through rule which shall take into consideration whether such individual has a reasonable assurance of reemployment and, if so, the length of the prospective period of unemployment, but must include as a condition the individual's submission of at least one (1) application for work in each week for which the individual is claiming benefits. An individual who submits an application for work online through an Internet web site complies with this condition. Notwithstanding any other provision of this article, the condition that an individual submit at least one (1) application for work in each week for which the individual is claiming benefits is suspended for a calendar year whenever the statewide unemployment rate for the previous calendar year is seven and one-half percent (7.5%) or higher. However, if an otherwise eligible individual is unable to work or unavailable for work on any normal work day of the week the individual shall be eligible to receive benefits with respect to such week reduced by one-third (1/3) of the individual's weekly benefit amount for each day of such inability to work or unavailability for work.
    (c) For the purpose of this article, unavailability for work of an individual exists in, but is not limited to, any case in which, with respect to any week, it is found:
        (1) that such individual is engaged by any unit, agency, or instrumentality of the United States, in charge of public works or assistance through public employment, or any unit, agency, or instrumentality of this state, or any political subdivision thereof, in charge of any public works or assistance through public employment;
        (2) that such individual is in full-time active military service of the United States, or is enrolled in civilian service as a conscientious objector to military service;
        (3) that such individual is suspended for misconduct in connection with the individual's work; or
        (4) that such individual is in attendance at a regularly established

public or private school during the customary hours of the individual's occupation or is in any vacation period intervening between regular school terms during which the individual is a student. However, this subdivision does not apply to any individual who is attending a regularly established school, has been regularly employed and upon becoming unemployed makes an effort to secure full-time work and is available for suitable full-time work with the individual's last employer, or is available for any other full-time employment deemed suitable.
    (d) Notwithstanding any other provisions in this section or IC 22-4-15-2, no otherwise eligible individual shall be denied benefits for any week because the individual is in training with the approval of the department, nor shall such individual be denied benefits with respect to any week in which the individual is in training with the approval of the department by reason of the application of the provisions of this section with respect to the availability for work or active search for work or by reason of the application of the provisions of IC 22-4-15-2 relating to failure to apply for, or the refusal to accept, suitable work. The department shall by rule prescribe the conditions under which approval of such training will be granted.
     (e) Notwithstanding subsection (b), (c), or (d), or IC 22-4-15-2, an otherwise eligible individual shall not be denied benefits for any week or determined not able, available, and actively seeking work, because the individual is responding to a summons for jury service. The individual shall:
        (1) obtain from the court proof of the individual's jury service; and
        (2) provide to the department, in the manner the department prescribes by rule, proof of the individual's jury service.

SOURCE: IC 22-4-14-12; (10)AM002301.19. -->     SECTION 19. IC 22-4-14-12 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 12. (a) This section applies to an individual who meets all of the following requirements:
        (1) The individual:
            (A) receives a notice of permanent termination of employment from the individual's employer; or
            (B) has been laid off and is unlikely to return to the individual's previous employment because work

opportunities in the individual's job classification are impaired by a substantial reduction in employment at the worksite.
        (2) At the time of the termination or layoff described in subdivision (1), the individual is eligible for benefits under this article.
        (3) The individual notifies the department of the individual's intention to enroll in the training described in subdivision (4) not later than the latest of the following dates:
            (A) Sixty (60) days after the date of the individual's termination or layoff.
            (B) Thirty (30) days after the date the individual enrolls in the training.
        (4) The individual enrolls and maintains satisfactory progress in one of the following:
            (A) A state approved training program.
            (B) A job training program authorized under the federal Workforce Investment Act (Act) (29 U.S.C. 2801 et seq.), including reauthorizations of the Act.
            (C) A training program authorized by the Act or approved by the state that prepares the individual for entry into a high demand occupation (as determined by the department using available labor market data), if the individual:
                (i) separated from a declining occupation (as determined by the department using available labor market data); or
                (ii) involuntarily and indefinitely separated from employment as a result of a permanent reduction of operations at the individual's place of employment.
        (5) The individual:
            (A) has not completed the training described in subdivision (4) by the last day the individual is entitled to receive benefits under:
                (i) this article; and
                (ii) any federal law providing federally financed supplemental or extended benefits; and
            (B) is reasonably expected to complete successfully the instruction or training described in subdivision (4) during or after the period in which the additional benefits

described in subsection (b) are paid.
    (b) An individual who meets the requirements of subsection (a) is entitled to receive a weekly benefit computed under subsection (c) for each week, up to a maximum of twenty-six (26) weeks, the department certifies that the individual needs to complete the instruction or training described in subsection (a)(4).
    (c) The weekly benefit described in subsection (b) is equal to:
        (1) the weekly benefit amount payable to the individual during the individual's most recent benefit period; minus
        (2) any deductible income (as defined in IC 22-4-5-1) attributable to the individual.
    (d) The amounts paid under this section do not affect and may not be charged to the experience account of any employer.
    (e) Benefits may not be paid under this section later than one (1) year after the last day of an individual's most recent benefit period.

SOURCE: IC 22-4-15-1; (10)AM002301.20. -->     SECTION 20. IC 22-4-15-1, AS AMENDED BY P.L.175-2009, SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. (a) With respect to benefit periods established on and after July 6, 1980, an individual who has voluntarily left the individual's most recent employment without good cause in connection with the work or who was discharged from the individual's most recent employment for just cause is ineligible for waiting period or benefit rights for the week in which the disqualifying separation occurred and until the individual has earned remuneration in employment equal to or exceeding the weekly benefit amount of the individual's claim in each of eight (8) weeks. If the qualification amount has not been earned at the expiration of an individual's benefit period, the unearned amount shall be carried forward to an extended benefit period or to the benefit period of a subsequent claim.
    (b) When it has been determined that an individual has been separated from employment under disqualifying conditions as outlined in this section, the maximum benefit amount of the individual's current claim, as initially determined, shall be reduced by an amount determined as follows:
        (1) For the first separation from employment under disqualifying conditions, the maximum benefit amount of the individual's current claim is equal to the result of:
            (A) the maximum benefit amount of the individual's current

claim, as initially determined; multiplied by
            (B) seventy-five percent (75%);
        rounded (if not already a multiple of one dollar ($1)) to the next higher dollar.
        (2) For the second separation from employment under disqualifying conditions, the maximum benefit amount of the individual's current claim is equal to the result of:
            (A) the maximum benefit amount of the individual's current claim determined under subdivision (1); multiplied by
            (B) eighty-five percent (85%);
        rounded (if not already a multiple of one dollar ($1)) to the next higher dollar.
        (3) For the third and any subsequent separation from employment under disqualifying conditions, the maximum benefit amount of the individual's current claim is equal to the result of:
            (A) the maximum benefit amount of the individual's current claim determined under subdivision (2); multiplied by
            (B) ninety percent (90%);
        rounded (if not already a multiple of one dollar ($1)) to the next higher dollar.
    (c) The disqualifications provided in this section shall be subject to the following modifications:
        (1) An individual shall not be subject to disqualification because of separation from the individual's employment if:
            (A) the individual left to accept with another employer previously secured permanent full-time work which offered reasonable expectation of continued covered employment and betterment of wages or working conditions and thereafter was employed on said job;
            (B) having been simultaneously employed by two (2) employers, the individual leaves one (1) such employer voluntarily without good cause in connection with the work but remains in employment with the second employer with a reasonable expectation of continued employment; or
            (C) the individual left to accept recall made by a base period employer.
        (2) An individual whose unemployment is the result of medically substantiated physical illness or disability and who is

involuntarily unemployed after having made reasonable efforts to maintain the employment relationship (as defined in IC 22-4-2-30.5) of the individual or the individual's spouse, minor child, or parent shall not be subject to disqualification under this section for such separation.
        (3) An individual who left work to enter the armed forces of the United States shall not be subject to disqualification under this section for such leaving of work.
        (4) An individual whose employment is terminated under the compulsory retirement provision of a collective bargaining agreement to which the employer is a party, or under any other plan, system, or program, public or private, providing for compulsory retirement and who is otherwise eligible shall not be deemed to have left the individual's work voluntarily without good cause in connection with the work. However, if such individual subsequently becomes reemployed and thereafter voluntarily leaves work without good cause in connection with the work, the individual shall be deemed ineligible as outlined in this section.
        (5) An otherwise eligible individual shall not be denied benefits for any week because the individual is in training approved under Section 236(a)(1) of the Trade Act of 1974, nor shall the individual be denied benefits by reason of leaving work to enter such training, provided the work left is not suitable employment, or because of the application to any week in training of provisions in this law (or any applicable federal unemployment compensation law), relating to availability for work, active search for work, or refusal to accept work. For purposes of this subdivision, the term "suitable employment" means with respect to an individual, work of a substantially equal or higher skill level than the individual's past adversely affected employment (as defined for purposes of the Trade Act of 1974), and wages for such work at not less than eighty percent (80%) of the individual's average weekly wage as determined for the purposes of the Trade Act of 1974.
        (6) An individual is not subject to disqualification because of separation from the individual's employment if:
            (A) the employment was outside the individual's labor market;


            (B) the individual left to accept previously secured full-time work with an employer in the individual's labor market; and
            (C) the individual actually became employed with the employer in the individual's labor market.
        (7) An individual who, but for the voluntary separation to move to another labor market to join a spouse who had moved to that labor market, shall not be disqualified for that voluntary separation, if the individual is otherwise eligible for benefits. Benefits paid to the spouse whose eligibility is established under this subdivision shall not be charged against the employer from whom the spouse voluntarily separated.
        (8) An individual shall not be subject to disqualification if the individual voluntarily left employment or was discharged due to circumstances directly caused by domestic or family violence (as defined in IC 31-9-2-42) against the individual or the individual's spouse, minor child, or parent. An individual who may be entitled to benefits based on this modification may apply to the office of the attorney general under IC 5-26.5 to have an address designated by the office of the attorney general to serve as the individual's address for purposes of this article.
         (9) An individual may not be subject to disqualification if the individual is enrolled in training and meets the requirements of IC 22-4-14-12.
As used in this subsection, "labor market" means the area surrounding an individual's permanent residence, outside which the individual cannot reasonably commute on a daily basis. In determining whether an individual can reasonably commute under this subdivision, the department shall consider the nature of the individual's job.
    (d) "Discharge for just cause" as used in this section is defined to include but not be limited to:
        (1) separation initiated by an employer for falsification of an employment application to obtain employment through subterfuge;
        (2) knowing violation of a reasonable and uniformly enforced rule of an employer, including a rule regarding attendance;
        (3) if an employer does not have a rule regarding attendance, an individual's unsatisfactory attendance, if the individual cannot show good cause for absences or tardiness;
        (4) damaging the employer's property through willful negligence;
        (5) refusing to obey instructions;
        (6) reporting to work under the influence of alcohol or drugs or consuming alcohol or drugs on employer's premises during working hours;
        (7) conduct endangering safety of self or coworkers;
        (8) incarceration in jail following conviction of a misdemeanor or felony by a court of competent jurisdiction; or
        (9) any breach of duty in connection with work which is reasonably owed an employer by an employee.
    (e) To verify that domestic or family violence has occurred, an individual who applies for benefits under subsection (c)(8) shall provide evidence that reasonably proves that domestic violence has occurred. One (1) of the following may be provided to satisfy this requirement:
        (1) A report of a law enforcement agency (as defined in IC 10-13-3-10).
        (2) A protection order issued under IC 34-26-5.
        (3) A foreign protection order (as defined in IC 34-6-2-48.5).
        (4) An affidavit from a domestic violence service provider verifying services provided to the individual by the domestic violence service provider.
         (5) A statement that reasonably proves that recent domestic violence has occurred, obtained from a qualified professional from whom the victim has sought assistance, such as a counselor, shelter worker, member of the clergy, attorney, or health worker.
The department may not require an individual who applies for benefits under subsection (c)(8) to provide the department with an active or recently issued protective or other order documenting domestic violence or a police record documenting domestic violence.
SOURCE: IC 22-4-17-2; (10)AM002301.21. -->     SECTION 21. IC 22-4-17-2, AS AMENDED BY P.L.175-2009, SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) When an individual files an initial claim, the department shall promptly follow the procedure described in subsections (b) through (e) to make a determination of the individual's status as an insured worker in a form prescribed by the department. A

written notice of the determination of insured status shall be furnished to the individual promptly. The notice must include the time by which the employer is required to respond to the department's notice of the individual's claim, and complete information about the rules of evidence and standards of proof that the department will apply to determine the validity of the individual's claim, if the employer disputes the claim. Each such determination shall be based on and include a written statement showing the amount of wages paid to the individual for insured work by each employer during the individual's base period and shall include a finding as to whether such wages meet the requirements for the individual to be an insured worker, and, if so, the week ending date of the first week of the individual's benefit period, the individual's weekly benefit amount, and the maximum amount of benefits that may be paid to the individual for weeks of unemployment in the individual's benefit period. For the individual who is not insured, the notice shall include the reason for the determination. Unless the individual, within ten (10) days after such determination was mailed to the individual's last known address, or otherwise delivered to the individual, asks a hearing thereon before an administrative law judge, such determination shall be final and benefits shall be paid or denied in accordance therewith.
    (b) Not later than January 1, 2010, the department shall establish an unemployment claims compliance center. When an individual files an initial claim after the unemployment claims compliance center is established, the department, before making a determination that the individual is eligible for benefits, shall compare the information provided by the individual making the claim with information from the separating employer concerning the individual's eligibility for benefits. If the information provided by the individual making the claim does not match the information from the separating employer, the department may not pay the individual benefits and shall refer the individual's claim to the department's unemployment claims compliance center for investigation. The department shall provide a written notice to the individual who filed the claim that the individual's claim is being referred to the unemployment claims compliance center, including the reason for the referral.
    (c) After receiving a claim from the department, the unemployment claims compliance center shall contact the separating employer that

provided information that does not match information provided by the individual making the claim to obtain information about the claim that is accurate and sufficient for the department to determine whether the individual is eligible for benefits. The center shall also obtain from the employer the name and address of a person to receive without delay notices served on the employer concerning the claim.
    (d) Except as provided in subsection (e), the department may not pay the individual benefits under this article as long as the discrepancy between the information provided by the individual and the information provided by the individual's separating employer is unresolved. If the information provided by an individual and the information provided by the individual's separating employer does not match, the department shall notify both the separating employer and the individual that they have forty-eight (48) hours to resolve the discrepancy. If the discrepancy is not resolved at the end of the forty-eighth hour, the department shall use the information provided by the employer to determine the individual's eligibility for benefits.
    (e) If the employer does not respond to the inquiry from the unemployment claims compliance center within five (5) days after the date of the inquiry, the center shall report to the department that the employer has not responded, and the department shall use the information provided by the individual to determine the individual's eligibility for benefits.
    (f) (b) After the department makes a determination concerning the individual's eligibility for benefits, The department shall promptly furnish each employer in the base period whose experience or reimbursable account is potentially chargeable with benefits to be paid to such individual with a notice in writing of the employer's benefit liability. The notice shall contain the date, the name and Social Security account number of the individual, the ending date of the individual's base period, the week ending date of the first week of the individual's benefit period. the time by which the employer is required to respond to the notice, and complete information about the rules of evidence and standards of proof that the department will apply to determine the validity of a claim, if an employer disputes the claim. The notice shall further contain information as to the proportion of benefits chargeable to the employer's experience or reimbursable account in ratio to the earnings of such individual from such employer. Unless the employer

within ten (10) days after such notice of benefit liability was mailed to the employer's last known address, or otherwise delivered to the employer, asks a hearing thereon before an administrative law judge, such determination shall be final and benefits paid shall be charged in accordance therewith.
    (g) (c) An employing unit, including an employer, having knowledge of any facts which may affect an individual's eligibility or right to waiting period credits or benefits, shall notify the department of such facts within ten (10) days after the mailing of notice that a former employee has filed an initial or additional claim for benefits on a form prescribed by the department.
    (h) (d) If, after the department determines that additional information is necessary to make a determination under this chapter:
        (1) the department makes a request in writing for additional information from an employing unit, including an employer, on a form prescribed by the department; and
        (2) the employing unit fails to respond within ten (10) days after the date the request is delivered to the employing unit;
the department shall make the determination with the information available.
    (i) (e) If:
        (1) an employer subsequently obtains a determination by the department that the employee is not eligible for benefits; and
        (2) the determination is at least in part based on information that the department requested from the employer under subsection (h), (d), but which the employer failed to provide within ten (10) days after the department's request was delivered to the employer;
the employer's experience account shall be charged an amount equal to fifty percent (50%) of the benefits paid to the employee to which the employee was not entitled.
    (j) (f) If:
        (1) the employer's experience account is charged under subsection (i); (e); and
        (2) the employee repays all or a part of the benefits on which the charge under subsection (i) (e) is based;
the employer shall receive a credit to the employer's experience account that is equal to the amount of the employee's repayment up to the amount charged to the employer's experience account under

subsection (i). (e).
    (k) (g) In addition to the foregoing determination of insured status by the department, the deputy shall, throughout the benefit period, determine the claimant's eligibility with respect to each week for which the claimant claims waiting period credit or benefit rights, the validity of the claimant's claim therefor, and the cause for which the claimant left the claimant's work, or may refer such claim to an administrative law judge who shall make the initial determination with respect thereto in accordance with the procedure in section 3 of this chapter.
    (l) (h) In cases where the claimant's benefit eligibility or disqualification is disputed, the department shall promptly notify the claimant and the employer or employers directly involved or connected with the issue raised as to the validity of such claim, the eligibility of the claimant for waiting period credit or benefits, or the imposition of a disqualification period or penalty, or the denial thereof, and of the cause for which the claimant left the claimant's work, of such determination and the reasons thereof.
    (m) (i) Except as otherwise hereinafter provided in this section regarding parties located in Alaska, Hawaii, and Puerto Rico, unless the claimant or such employer, within ten (10) days after the notification required by subsection (k) (h) was mailed to the claimant's or the employer's last known address or otherwise delivered to the claimant or the employer, asks for a hearing before an administrative law judge thereon, such decision shall be final and benefits shall be paid or denied in accordance therewith.
    (n) (j) For a notice of disputed administrative determination or decision mailed or otherwise delivered to the claimant or employer either of whom is located in Alaska, Hawaii, or Puerto Rico, unless the claimant or employer, within fifteen (15) days after the notification required by subsection (k) (h) was mailed to the claimant's or employer's last known address or otherwise delivered to the claimant or employer, asks for a hearing before an administrative law judge thereon, such decision shall be final and benefits shall be paid or denied in accordance therewith.
    (o) (k) If a claimant or an employer requests a hearing under subsection (m) (i) or (n), (j), the request therefor shall be filed with the department in writing within the prescribed periods as above set forth in this section and shall be in such form as the department may

prescribe. In the event a hearing is requested by an employer or the department after it has been administratively determined that benefits should be allowed to a claimant, entitled benefits shall continue to be paid to said claimant unless said administrative determination has been reversed by a due process hearing. Benefits with respect to any week not in dispute shall be paid promptly regardless of any appeal.
    (p) (l) A person may not participate on behalf of the department in any case in which the person is an interested party.
    (q) (m) Solely on the ground of obvious administrative error appearing on the face of an original determination, and within the benefit year of the affected claims, the commissioner, or a representative authorized by the commissioner to act in the commissioner's behalf, may reconsider and direct the deputy to revise the original determination so as to correct the obvious error appearing therein. Time for filing an appeal and requesting a hearing before an administrative law judge regarding the determinations handed down pursuant to this subsection shall begin on the date following the date of revision of the original determination and shall be filed with the commissioner in writing within the prescribed periods as above set forth in subsection (g). (c).
    (r) (n) Notice to the employer and the claimant that the determination of the department is final if a hearing is not requested shall be prominently displayed on the notice of the determination which is sent to the employer and the claimant.
    (s) (o) If an allegation of the applicability of IC 22-4-15-1(c)(8) is made by the individual at the time of the claim for benefits, the department shall not notify the employer of the claimant's current address or physical location.".
    Delete pages 12 through 16.

SOURCE: Page 17, line 1; (10)AM002301.17. -->     Page 17, delete lines 1 through 10, begin a new paragraph and insert:
SOURCE: IC 34-11-2-13; (10)AM002301.22. -->     SECTION 22. IC 34-11-2-13 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 13. (a) This section applies beginning January 1, 2011.
    (b) The definitions in IC 22-2-15 apply throughout this section.
    (c) A civil action brought by an aggrieved person under IC 22-2-15 must be commenced not later than three (3) years after

the final date of performing services for the contractor, as provided in IC 22-2-15-26(e).

SOURCE: IC 36-1-12-1; (10)AM002301.23. -->     SECTION 23. IC 36-1-12-1, AS AMENDED BY P.L.71-2009, SECTION 4, AND AS AMENDED BY P.L.99-2009, SECTION 3, IS CORRECTED AND AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. (a) Except as provided in this section, this chapter applies to all public work performed or contracted for by:
        (1) political subdivisions; and
        (2) their agencies;
regardless of whether it is performed on property owned or leased by the political subdivision or agency.
    (b) This chapter does not apply to an officer or agent who, on behalf of a municipal utility, maintains, extends, and installs services of the utility if the necessary work is done by the employees of the utility.
    (c) This chapter does not apply to hospitals organized or operated under IC 16-22-1 through IC 16-22-5 or IC 16-23-1, unless the public work is financed in whole or in part with cumulative building fund revenue.
    (d) This chapter does not apply to tax exempt Indiana nonprofit corporations leasing and operating a city market owned by a political subdivision.
    (e) As an alternative to this chapter, the governing body of a political subdivision or its agencies may do the following:
        (1) Enter into a design-build contract as permitted under IC 5-30.
        (2) Participate in a utility efficiency program or may enter into a guaranteed savings contract as permitted under IC 36-1-12.5.
    (f) This chapter does not apply to a person that has entered into an operating agreement with a political subdivision or an agency of a political subdivision under IC 5-23.
     (g) In addition to this chapter, IC 22-2-15 applies to contractors, subcontractors, employees, and independent contractors with
respect to construction services performed on public work projects.
".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 23 as reprinted January 12, 2010.)

and when so amended that said bill do pass.

__________________________________

Representative Niezgodski


AM002301/DI 96    2010