HB 1457-1_ Filed 03/13/2013, 14:56
The Senate Committee on Pensions and Labor, to which was referred House Bill No. 1457,
has had the same under consideration and begs leave to report the same back to the Senate
with the recommendation that said bill be AMENDED as follows:
SOURCE: Page 3, line 14; (13)CR145701.3. -->
Page 3, line 14, delete "(i)," and insert " section 1.5 of this
Page 4, delete lines 21 through 33, begin a new paragraph and
SOURCE: IC 22-4-11-1.5; (13)CR145701.2. -->
"SECTION 2. IC 22-4-11-1.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 1.5. (a) As used in this section,
"erroneous payment" means a payment that would not have been
made but for the failure by an employer or a person acting on
behalf of the employer with respect to a claim for unemployment
benefits to which the payment relates.
(b) As used in this section, "pattern of failure" means a repeated
and documented failure by an employer or a person acting on
behalf of an employer to respond to requests for information made
by the department, taking into consideration the number of
failures in relation to the total number of requests received by the
employer or the person acting on behalf of an employer.
(c) The experience account of an employer may not be relieved
of charges for a benefit overpayment from the state's
unemployment insurance benefit fund established by IC 22-4-26-1,
if the department determines that:
(1) the erroneous payment was made because the employer or
a person acting on behalf of the employer was at fault in
failing to respond in a timely or adequate manner to the
department's written request for information relating to the
claim for unemployment benefits; and
(2) the employer or a person acting on behalf of the employer
has established a pattern of failure to respond in a timely or
adequate manner to department requests described in
SOURCE: Page 7, line 18; (13)CR145701.7. -->
Page 7, line 18, delete "greater of five percent (5%)" and insert
" lesser of four percent (4%)".
Page 7, between lines 31 and 32, begin a new paragraph and insert:
SOURCE: IC 22-4-11-4; (13)CR145701.4. -->
"SECTION 4. IC 22-4-11-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) If the
commissioner finds that any employer has failed to file any payroll
report or has filed a report which the commissioner finds incorrect or
insufficient, the commissioner shall make an estimate of the
information required from the employer on the basis of the best
evidence reasonably available to the commissioner at the time and
notify the employer thereof by mail addressed to the employer's last
known address. Except as provided in subsection (b), unless the
employer files the report or a corrected or sufficient report, as the case
may be, within fifteen (15) days after the mailing of the notice, the
commissioner shall compute the employer's rate of contribution on the
basis of the estimates, and the rate determined in this manner shall be
subject to increase
but not to reduction or decrease on the basis of
subsequently ascertained and verified information. The estimated
amount of contribution is considered prima facie correct.
(b) The commissioner may adjust the amount of contribution
estimated in this manner on the basis of information ascertained after
the expiration of the notice period if the employer or other interested
(1) makes an affirmative showing of all facts alleged as a
reasonable cause for the failure to timely file any payroll report;
(2) submits accurate and reliable payroll reports.".
SOURCE: Page 8, line 40; (13)CR145701.8. -->
Page 8, line 40, after "services" insert ",".
Page 8, line 40, reset in roman "such as job search".
Page 8, reset in roman lines 41 through 42.
Page 9, reset in roman line 1.
Page 17, after line 2, begin a new paragraph and insert:
SOURCE: ; (13)CR145701.9. -->
"SECTION 9. [EFFECTIVE JULY 1, 2013] (a) As used in this
SECTION, "committee" refers to the unemployment insurance
oversight committee established by IC 2-5-30-3.
(b) The general assembly urges the legislative council to assign
the committee the task of studying the following issues:
(1) The use of debit cards to pay unemployment insurance
(2) The direct deposit of unemployment insurance benefits to
a claimant's own checking or savings account.
(c) If the committee is assigned the topics described in
subsection (b), the committee shall issue to the legislative council
a final report containing the committee's findings and
recommendations, including any recommended legislation
concerning the topics, in an electronic format under IC 5-14-6 not
later than November 1, 2013.
(d) This SECTION expires January 1, 2014.
Renumber all SECTIONS consecutively.
(Reference is to HB 1457 as printed January 29, 2013.)
and when so amended that said bill do pass.
Committee Vote: Yeas 5, Nays 3.
CR145701/DI 102 2013