First Regular Session 118th General Assembly (2013)


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    HOUSE ENROLLED ACT No. 1312



     AN ACT to amend the Indiana Code concerning higher education.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 21-16-1-4.5; (13)HE1312.1.1. -->
    SECTION 1. IC 21-16-1-4.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4.5. "EARN Indiana program" refers to the employment aid readiness network Indiana program established under IC 21-16-2-1.
SOURCE: IC 21-16-1-6; (13)HE1312.1.2. -->     SECTION 2. IC 21-16-1-6, AS ADDED BY P.L.2-2007, SECTION 257, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. "Eligible employer" means:
        (1) for purposes of the summer work study program:
        (A) an approved postsecondary educational institution;
        (B) (2) a state or local governmental unit; or
        (C) (3) a private nonprofit organization located in Indiana performing work in the public interest; and or
        (2) for purposes of the in school work study program, an approved postsecondary educational institution.
         (4) a for-profit company.
SOURCE: IC 21-16-1-8; (13)HE1312.1.3. -->     SECTION 3. IC 21-16-1-8, AS ADDED BY P.L.2-2007, SECTION 257, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8. "Eligible student" means a student who:
        (1) has been offered a financial aid award from the commission under IC 21-12-3, IC 21-12-4, or IC 21-12-6 for the current academic year; and
        (2) is enrolled as a full-time student at an approved institution of higher education in Indiana.

        (1) for purposes of the summer work study program, a student who:
            (A) has completed at least one (1) academic year as a full-time student at an approved institution of higher education in Indiana; and
            (B) has received a financial aid award from the commission for the immediately preceding academic year; and
        (2) for purposes of the in school work study program, a student who:
            (A) is enrolled as a full-time student at an approved institution of higher education in Indiana; and
            (B) has received a financial aid award from the commission for the current academic year.
SOURCE: IC 21-16-1-10; (13)HE1312.1.4. -->     SECTION 4. IC 21-16-1-10, AS AMENDED BY SEA 532-2013, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 10. "Fund":
        (1) for purposes of IC 21-16-2, refers to the college work study EARN Indiana fund established by IC 21-16-2-2; and
        (2) for purposes of IC 21-16-4, refers to the student loan program fund established by IC 21-16-4-11.
SOURCE: IC 21-16-2-1; (13)HE1312.1.5. -->     SECTION 5. IC 21-16-2-1, AS ADDED BY P.L.2-2007, SECTION 257, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. There is established a college work study program an employment aid readiness network (EARN) Indiana program to be administered by the commission.
SOURCE: IC 21-16-2-2; (13)HE1312.1.6. -->     SECTION 6. IC 21-16-2-2, AS ADDED BY P.L.234-2007, SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) The college work study EARN Indiana fund is established to provide reimbursement to eligible employers who enter into agreements with the commission under this chapter.
    (b) The fund consists of appropriations from the state general fund and contributions from private sources.
    (c) The expenses of administering the fund shall be paid from money in the fund.
    (d) 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 funds may be invested. Interest that accrues from these investments shall be deposited in the fund.
    (e) Money in the fund at the end of a particular fiscal year does not revert to the state general fund but remains available to be used for

providing reimbursements under this chapter.

SOURCE: IC 21-16-2-3; (13)HE1312.1.7. -->     SECTION 7. IC 21-16-2-3, AS ADDED BY P.L.2-2007, SECTION 257, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. In order to implement the provisions of this chapter, the commission shall enter into agreements with eligible employers for the operation of work study programs the EARN Indiana program as provided in this chapter.
SOURCE: IC 21-16-2-4; (13)HE1312.1.8. -->     SECTION 8. IC 21-16-2-4, AS ADDED BY P.L.2-2007, SECTION 257, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. An agreement entered into under this chapter must:
        (1) provide for the part-time employment by the eligible employer of eligible students:
             (A) for a minimum average of twelve (12) hours per week; and
            (A) (B) a maximum average of: nineteen (19) hours per week for the in school program; and
            (B) a maximum of
                 (i) twenty (20) hours per week, if the student is enrolled in courses at the time of employment; or
                (ii)
forty (40) hours per week for the summer program; if the employment occurs during the summer term and the student is not enrolled in courses during the summer term;
        (2) provide for the reimbursement, to the extent possible under the then current biennial appropriation, by the state to the employer of at least fifty percent (50%) of the federal minimum hourly wage for each hour worked by the student for the employer;
        (3) provide that any work performed by a student under this chapter must not result in the displacement of employed workers or impair existing contracts for services;
        (4) provide that any work performed by a student under this chapter shall not involve any partisan or nonpartisan political or sectarian activities;
        (5) provide that wage rates must be established by the eligible institution, employer, but must not be less than the current federal minimum wage rate; and
        (6) contain any other provisions necessary to carry out this chapter.
SOURCE: IC 21-16-2-5; (13)HE1312.1.9. -->     SECTION 9. IC 21-16-2-5 IS REPEALED [EFFECTIVE JULY 1, 2013]. Sec. 5. An eligible employer that is an approved postsecondary educational institution that wishes to participate in the work study

program under this chapter must:
        (1) submit a statement to the commission no later than August 1 of each year setting out the amount of money the approved postsecondary educational institution plans to use for work study employment in the next academic year;
        (2) submit a statement to the commission at the close of the academic year specifying the amount of money actually expended by the approved postsecondary educational institution for work study employment that qualifies for reimbursement under this chapter;
        (3) sign an agreement to administer the program according to the published rules and program guidelines as outlined by the commission;
        (4) place students in an on campus or off campus work situation; and
        (5) participate in the Job Location and Development Program of the federal Work-Study Program (42 U.S.C. 2756(a)) and maintain at least one (1) employee half time to carry out the provisions of that program, or maintain a job placement and development program that is acceptable to the commission.

SOURCE: IC 21-16-2-6; (13)HE1312.1.10. -->     SECTION 10. IC 21-16-2-6 IS REPEALED [EFFECTIVE JULY 1, 2013]. Sec. 6. An approved postsecondary educational institution may use up to ten percent (10%) of its state allotment as part of its match against the federal Work-Study Program.
SOURCE: IC 21-16-2-7; (13)HE1312.1.11. -->     SECTION 11. IC 21-16-2-7, AS ADDED BY P.L.2-2007, SECTION 257, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. An eligible employer other than an approved postsecondary educational institution governed by section 6 of this chapter, that wishes to participate in the work-study EARN Indiana program under this chapter must:
        (1) submit to the commission, by the date specified by the commission and in the format specified by the commission, a statement to the commission no later than June 1 of each year setting out the amount of money the employer plans to use for work study employment in the next year; job description for each job that the eligible employer will offer to eligible students under the program;
        (2) submit to the commission, by the date specified by the commission, a statement to the commission at the close of the year specifying the amount of money actually expended by the employer for work study employment that qualifies for reimbursement under this chapter; one (1) or more statements

reporting:
            (A) the wages paid by the eligible employer to each eligible student; and
            (B) the amount of time worked by each eligible student employed by the eligible employer;
and
        (3) sign an agreement agreeing to administer the program according to the published rules and program guidelines as outlined by the commission.

SOURCE: IC 21-16-2-8; (13)HE1312.1.12. -->     SECTION 12. IC 21-16-2-8, AS ADDED BY P.L.2-2007, SECTION 257, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8. Funds received by students under this chapter for work during summer periods must not be considered as financial aid and must not be used in determining awards under the provisions of IC 21-12-3, IC 21-12-4, and IC 21-12-5.
SOURCE: IC 21-16-2-9; (13)HE1312.1.13. -->     SECTION 13. IC 21-16-2-9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 9. In entering into agreements under section 3 of this chapter with eligible employers described in IC 21-16-1-6(4), the commission shall give priority to eligible employers that are organized as small businesses.


HEA 1312

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