HB 1962-1_ Filed 04/27/2001, 18:27
CONFERENCE COMMITTEE REPORT
DIGEST FOR EHB 1962
Citations Affected: IC 22-4.
Synopsis: Various unemployment compensation matters. Reduces the unemployment taxes for
all taxpaying employers by 0.01% for the years 2002 through 2004. Recaptures 0.009 of the
reduction as an incumbent workers training assessment, and provides for the establishment of
the skills 2016 training fund. Provides for the disbursement of the skills 2016 training fund by
the establishment of the incumbent workers training board. Provides that a portion of the
disbursement of the training fund is to be used by Ivy Tech for certain training programs. Makes
certain changes in the administration of and eligibility for unemployment compensation. (This
conference committee report does the following: (1) Establishes the skills 2106 training program.
(2) Provides rate schedules for assessment of the unemployment contribution assessments. (3)
Provides for the establishment of the incumbent workers training board and provides for
disbursement of funds from the incumbent workers training fund. (4) Makes certain other
changes in the administration of and eligibility for unemployment compensation.)
Effective: July 1, 2001; January 1, 2002.
Text Box
Adopted Rejected
[
]
CONFERENCE COMMITTEE REPORT
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed Senate Amendments to Engrossed House Bill No. 1962 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that
the House now concur in all Senate amendments to the bill and that the bill
be further amended as follows:
Delete the title and insert the following:
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and industrial safety and to make an appropriation.
SOURCE: Page 1, line 1; (01)CC196202.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 22-4-10.5; (01)CC196202.1. -->
"SECTION 1.
IC 22-4-10.5
IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002]:
Chapter 10.5. Skills 2016 Training Program
Sec. 1. This chapter applies to years beginning after December
31, 2001, and ending before January 1, 2005.
Sec. 2. The skills 2016 training program is established for the
following purposes:
(1) To improve manufacturing productivity levels in Indiana.
(2) To enable firms to become competitive by making workers
more productive through training.
(3) To create a competitive economy by creating and retaining
jobs.
(4) To encourage the increased training necessary because of
an aging workforce.
(5) To avoid potential payment of unemployment compensation
by providing workers with enhanced job skills.
Sec. 3. The skills 2016 training assessment is nine hundredths
percent (0.09%) to be assessed upon the previous year's taxable
wages (as defined in
IC 22-4-4-2
) paid by all employers except
those who have elected to make payments in lieu of contributions
(as defined in
IC 22-4-2-32
).
Sec. 4. (a) Skills 2016 training assessments accrue and are
payable by each employer under section 3 of this chapter for each
calendar year in which the employer is subject to
IC 22-4-10-1
with
respect to wages for employment.
(b) Skills 2016 training assessments are due and payable to the
department by each employer for the purposes set forth in section
2 of this chapter and are not deductible, in whole or in part, from
the wages of individuals in the service of the employer.
(c) Skills 2016 training assessments paid under this chapter:
(1) shall not be credited to the employer's experience account;
and
(2) do not affect the computation of an employer's contribution
rate under IC 22-4-11-2.
Sec. 5. Delinquent or unpaid skills 2016 training assessments
shall be collected in a manner provided for the collection of
unemployment insurance taxes.
Sec. 6. The skills 2016 training program is to be administered by
the department of workforce development in the manner
prescribed by
IC 22-4-18.3.
Sec. 7. The department shall deposit skills 2016 training
assessments paid to the department under this chapter in the skills
2016 training fund established by
IC 22-4-24.5-1.
Sec. 8. (a) Skills 2016 assessments unpaid on the date on which
they are due and payable bear interest at the rate of one percent
(1%) per month or fraction of a month from and after that date
until payment plus accrued interest is received by the department.
(b) A twenty-five dollar ($25) penalty shall be assessed on any
skills 2016 assessments that are unpaid on the date subsequent to
the date on which they are due and payable.
(c) All penalty and interest collected on delinquent skills 2016
assessments shall be deposited in the skills 2016 training fund
established under
IC 22-4-24.5.
Sec. 9. For each state fiscal year, the department shall prepare an
annual report on the use of the skills 2016 training funds as a part
of the report required by
IC 22-4-18-7.".
SOURCE: Page 4, line 19; (01)CC196202.4. -->
Page 4, line 19, after "all" insert " eligible".
Page 4, line 20, reset in roman "in rate schedule D".
Page 4, line 25, delete "2006" and insert " 2004".
Page 4, line 29, delete "Each" and insert " Except as provided in
section 3.2(b) of this chapter,".
Page 4, delete lines 35 through 42 and insert:
" When the Credit Reserve Ratio is:
As But
Rate Schedules
Much Less
(%)
As Than
A
B
C
D
E
3.00
1
.10 0
.10 0
.10 0
.10 0
.15
2.80 3
.00 1
.30 0
.30 0
.10 0
.10 0
.15
2.60 2
.80 1
.50 0
.50 0
.10 0
.10 0
.15
2.40 2
.60 1
.70 0
.70 0
.30 0
.10 0
.20
2.20 2
.40 1
.90 0
.90 0
.50 0
.10 0
.20
2.00 2
.20 2
.10 1
.10 0
.70 0
.30 0
.40
1.80 2
.00 2
.30 1
.30 0
.90 0
.50 0
.60
1.60 1
.80 2
.50 1
.50 1
.10 0
.70 0
.80
1.40 1
.60 2
.70 1
.70 1
.30 0
.90 1
.00
1.20 1
.40 2
.90 1
.90 1
.50 1
.10 1
.20
1.00 1
.20 3
.10 2
.10 1
.70 1
.30 1
.40
0.80 1
.00 3
.30 2
.30 1
.90 1
.50 1
.60
0.60 0
.80 3
.50 2
.50 2
.10 1
.70 1
.80
0.40 0
.60 3
.70 2
.70 2
.30 1
.90 2
.00
0.20 0
.40 3
.90 2
.90 2
.50 2
.10 2
.20
0.00 0
.20 4
.10 3
.10 2
.70 2
.30 2
.40".
Page 5, delete lines 1 through 12.
Page 5, line 13, delete "2006" and insert " 2004".
Page 5, delete lines 24 through 32 and insert:
" When the Debit Reserve Ratio Is:
As But
Rate Schedules
Much Less
(%)
As Than
A
B
C
D
E
1
.50 4
.40 4
.30 4
.20 4
.10 5
.40
1.50 3
.00 4
.70 4
.60 4
.50 4
.40 5
.40
3.00 4
.50 5
.00 4
.90 4
.70 4
.70 5
.40
4.50 6
.00 5
.30 5
.20 5
.10 5
.00 5
.40
6.00
5
.60 5
.50 5
.40 5
.40 5
.40".
Page 6, between lines 14 and 15, begin a new paragraph and insert:
SOURCE: IC 22-4-13-1; (01)CC196202.6. -->
"SECTION 6.
IC 22-4-13-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. (a) Any individual
who makes, or causes to be made by another, a false statement or
representation of a material fact knowing it to be false or knowingly
fails, or causes another to fail, to disclose a material fact, and as a result
thereof has received any amount as benefits to which the individual is
not entitled under this article, shall be liable to repay such amount to
the commissioner for the unemployment insurance benefit fund or to
have such amount deducted from any benefits otherwise payable to the
individual under this article, within the six (6) year period following
the date of the filing of the claim or statement that resulted in the
payment of such benefits, if the existence of such misrepresentation or
nondisclosure has become final by virtue of an unappealed
determination of a deputy, or a decision of an administrative law judge,
or the review board, or by a court of competent jurisdiction.
(b) Any individual who, for any reason other than misrepresentation
or nondisclosure as specified in subsection (a), has received any
amount as benefits to which the individual is not entitled under this
article or because of the subsequent receipt of income deductible from
benefits which is allocable to the week or weeks for which such
benefits were paid becomes not entitled to such benefits under this
article shall be liable to repay such amount to the commissioner for the
unemployment insurance benefit fund or to have such amount deducted
from any benefits otherwise payable to the individual under this article,
within the three (3) year period following the date of the filing of the
claim or statement that resulted in the payment of such benefits, if the
existence of such reason has become final by virtue of an unappealed
determination of a deputy or a decision of an administrative law judge,
or the review board, or by a court of competent jurisdiction.
(c) When benefits are paid to an individual who was eligible or
qualified to receive such payments, but when such payments are made
because of the failure of representatives or employees of the
department to transmit or communicate to such individual notice of
suitable work offered, through the department, to such individual by an
employing unit, then and in such cases, the individual shall not be
required to repay or refund amounts so received, but such payments
shall be deemed to be benefits improperly paid.
(d) Where it is finally determined by a deputy, an administrative law
judge, the review board, or a court of competent jurisdiction that an
individual has received benefits to which the individual is not entitled
under this article, the commissioner shall relieve the affected
employer's experience account of any benefit charges directly resulting
from such overpayment. However, an employer's experience account
will not be relieved of the charges resulting from an overpayment of
benefits which has been created by a retroactive payment by such
employer directly or indirectly to the claimant for a period during
which the claimant claimed and was paid benefits unless the employer
reports such payment by the end of the calendar quarter following the
calendar quarter in which the payment was made or unless and until the
overpayment has been collected. Those employers electing to make
payments in lieu of contributions shall not have their account relieved
as the result of any overpayment unless and until such overpayment has
been repaid to the unemployment insurance benefit fund.
(e) Where any individual is liable to repay any amount to the
commissioner for the unemployment insurance benefit fund for the
restitution of benefits to which the individual is not entitled under this
article, the amount due may be collectible without interest by civil
action in the name of the state of Indiana, on relation of the department,
which remedy by civil action shall be in addition to all other existing
remedies and to the methods for collection provided in this section.
(f) Liability for repayment of benefits paid to an individual (other
than an individual employed by an employer electing to make
payments in lieu of contributions) for any week may be waived
upon the request of the individual if:
(1) the benefits were received by the individual without fault of
the individual;
(2) the benefits were the result of payments made during the
pendency of an appeal before an administrative law judge or
the review board under
IC 22-4-17
under which the individual
is determined to be ineligible for benefits; and
(3) repayment would cause economic hardship.
SOURCE: IC 22-4-15-1; (01)CC196202.7. -->
SECTION 7.
IC 22-4-15-1
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 1. (a) With respect to benefit
periods established on and after July 6, 1980, an individual who has
voluntarily left
his the individual's most recent employment without
good cause in connection with the work or who was discharged from
his 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
he the individual has
earned remuneration in employment equal to or exceeding the weekly
benefit amount of
his 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 his current claim, as
initially determined, shall be reduced by twenty-five percent (25%). If
twenty-five percent (25%) of the maximum benefit amount is not an
even dollar amount, the amount of such reduction will be raised to the
next higher even dollar amount.
When twenty-five percent (25%) of the
maximum benefit amount, as initially determined, exceeds the unpaid
balance remaining in the claim, such reduction will be limited to the
unpaid balance. The maximum benefit amount may not be reduced
by more than twenty-five percent (25%) during any benefit period
or extended benefit period.
(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
his prior the individual's employment if:
(A)
he 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;
for not less than ten (10) weeks;
(B) having been simultaneously employed by two (2) employers,
he 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)
he the individual left to accept recall made by a base period
employer.
(2) An individual whose unemployment is the result of medically
substantiated physical disability and who is involuntarily
unemployed after having made reasonable efforts to maintain the
employment relationship 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 his 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, he 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 he 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 prior employment if:
(A) the prior 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.
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;
(3) 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; or
(8) incarceration in jail following conviction of a misdemeanor or
felony by a court of competent jurisdiction or for any breach of
duty in connection with work which is reasonably owed an
employer by an employee.
SOURCE: IC 22-4-15-2; (01)CC196202.8. -->
SECTION 8.
IC 22-4-15-2
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 2. (a) With respect to benefit
periods established on and after July 3, 1977, an individual is ineligible
for waiting period or benefit rights, or extended benefit rights, if the
department finds that, being totally, partially, or part-totally
unemployed at the time when the work offer is effective or when the
individual is directed to apply for work, the individual fails without
good cause:
(1) to apply for available, suitable work when directed by the
commissioner, the deputy, or an authorized representative of the
department of workforce development or the United States training
and employment service;
(2) to accept, at any time after the individual is notified of a
separation, suitable work when found for and offered to the
individual by the commissioner, the deputy, or an authorized
representative of the department of workforce development or the
United States training and employment service, or an employment
unit; or
(3) to return to the individual's customary self-employment when
directed by the commissioner or the deputy.
(b) With respect to benefit periods established on and after July 6,
1980, the ineligibility shall continue for the week in which the failure
occurs and until the individual earns 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.
(c) With respect to extended benefit periods established on and after
July 5, 1981, the ineligibility shall continue for the week in which the
failure occurs and until the individual earns remuneration in
employment equal to or exceeding the weekly benefit amount of the
individual's claim in each of four (4) weeks.
(d) If an individual failed to apply for or accept suitable work as
outlined in this section, the maximum benefit amount of the
individual's current claim, as initially determined, shall be reduced by
twenty-five percent (25%). If twenty-five percent (25%) of the
maximum benefit amount is not an even dollar amount, the amount of
such reduction shall be raised to the next higher even dollar amount.
When twenty-five percent (25%) of the maximum benefit amount, as
initially determined, exceeds the unpaid balance remaining in the
claim, such reduction shall be limited to the unpaid balance. The
maximum benefit amount of the individual's current claim may not
be reduced by more than twenty-five percent (25%) during any
benefit period or extended benefit period.
(e) In determining whether or not any such work is suitable for an
individual, the department shall consider:
(1) the degree of risk involved to such individual's health, safety,
and morals;
(2) the individual's physical fitness and prior training and
experience;
(3) the individual's length of unemployment and prospects for
securing local work in the individual's customary occupation; and
(4) the distance of the available work from the individual's
residence.
However, work under substantially the same terms and conditions
under which the individual was employed by a base-period employer,
which is within the individual's prior training and experience and
physical capacity to perform, shall be considered to be suitable work
unless the claimant has made a bona fide change in residence which
makes such offered work unsuitable to the individual because of the
distance involved.
(f) Notwithstanding any other provisions of this article, no work shall
be considered suitable and benefits shall not be denied under this
article to any otherwise eligible individual for refusing to accept new
work under any of the following conditions:
(1) If the position offered is vacant due directly to a strike, lockout,
or other labor dispute.
(2) If the remuneration, hours, or other conditions of the work
offered are substantially less favorable to the individual than those
prevailing for similar work in the locality.
(3) If as a condition of being employed the individual would be
required to join a company union or to resign from or refrain from
joining a bona fide labor organization.
(4) If as a condition of being employed the individual would be
required to discontinue training into which the individual had
entered with the approval of the department.
(g) Notwithstanding subsection (e), with respect to extended benefit
periods established on and after July 5, 1981, "suitable work" means
any work which is within an individual's capabilities. However, if the
individual furnishes evidence satisfactory to the department that the
individual's prospects for obtaining work in the individual's customary
occupation within a reasonably short period are good, the
determination of whether any work is suitable work shall be made as
provided in subsection (e).
(h) With respect to extended benefit periods established on and after
July 5, 1981, no work shall be considered suitable and extended
benefits shall not be denied under this article to any otherwise eligible
individual for refusing to accept new work under any of the following
conditions:
(1) If the gross average weekly remuneration payable to the
individual for the position would not exceed the sum of:
(A) the individual's average weekly benefit amount for the
individual's benefit year; plus
(B) the amount (if any) of supplemental unemployment
compensation benefits (as defined in Section 501(c)(17)(D) of
the Internal Revenue Code) payable to the individual for such
week.
(2) If the position was not offered to the individual in writing or
was not listed with the department of workforce development.
(3) If such failure would not result in a denial of compensation
under the provisions of this article to the extent that such
provisions are not inconsistent with the applicable federal law.
(4) If the position pays wages less than the higher of:
(A) the minimum wage provided by 29 U.S.C. 206(a)(1) (The
Fair Labor Standards Act of 1938), without regard to any
exemption; or
(B) the state minimum wage (IC 22-2-2).
(i) The department of workforce development shall refer individuals
eligible for extended benefits to any suitable work (as defined in
subsection (g)) to which subsection (h) would not apply.
SOURCE: IC 22-4-15-4; (01)CC196202.9. -->
SECTION 9.
IC 22-4-15-4
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 4. (a) An individual shall be
ineligible for waiting period or benefit rights: For any week with
respect to which the individual receives, is receiving, or has received
payments equal to or exceeding his weekly benefit amount in the form
of:
(1) deductible income as defined and applied in
IC 22-4-5-1
and
IC 22-4-5-2
; or
(2) any pension, retirement or annuity payments, under any plan of
an employer whereby the employer contributes a portion or all of
the money. This disqualification shall apply only if some or all of
the benefits otherwise payable are chargeable to the experience or
reimbursable account of such employer, or would have been
chargeable except for the application of this chapter. For the
purposes of this subdivision (2), federal old age, survivors and
disability insurance benefits are not considered payments under a
plan of an employer whereby the employer maintains the plan or
contributes a portion or all of the money to the extent required by
federal law.
(b) If the payments described in subsection (a) are less than his
weekly benefit amount an otherwise eligible individual shall not be
ineligible and shall be entitled to receive for such week benefits
reduced by the amount of such payments.
(c) This section does not preclude an individual from delaying a
claim to pension, retirement, or annuity payments until the
individual has received the benefits to which the individual would
otherwise be eligible under this chapter. Weekly benefits received
before the date the individual elects to retire shall not be reduced
by any pension, retirement, or annuity payments received on or
after the date the individual elects to retire.
SOURCE: IC 22-4-17-2; (01)CC196202.10. -->
SECTION 10.
IC 22-4-17-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. (a) When an
individual files an initial claim, the
division department shall
promptly make a determination of his status as an insured worker in a
form prescribed by the board. A written notice of the determination of
insured status shall be furnished him promptly. 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 twenty
(20) 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) 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. Such notice shall contain the
date, the name and social security account number of the individual,
the ending date of the individual's base period, and the week ending
date of the first week of the individual's benefit period. Such 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 twenty (20) 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.
(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
division department of such
facts
promptly in accordance with regulations within twenty (20) 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
board.
(d) 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
IC 22-4-17-3.
(e) 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. Except as otherwise hereinafter provided in this subsection
regarding parties located in Alaska, Hawaii, and Puerto Rico, unless
the claimant or such employer, within twenty (20) days after such
notification was mailed to the claimant's or the employer's last known
address, or otherwise delivered to the claimant or the employer, asks a
hearing before an administrative law judge thereon, such decision shall
be final and benefits shall be paid or denied in accordance therewith.
With respect to 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
such claimant or employer, within twenty-five (25) days after such
notification was mailed to the claimant's or employer's last known
address or otherwise delivered to the claimant or employer, asks a
hearing before an administrative law judge thereon, such decision shall
be final and benefits shall be paid or denied in accordance therewith.
If such hearing is desired, the request therefor shall be filed with the
commissioner in writing within the prescribed periods as above set
forth in this subsection and shall be in such form as the board 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.
(f) No person may participate on behalf of the department in any case
in which the person is an interested party.
(g) 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 (c).
(h) 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.
SOURCE: IC 22-4-17-4; (01)CC196202.11. -->
SECTION 11.
IC 22-4-17-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4.
(a) The
commissioner shall appoint one (1) or more administrative law judges
to hear and decide disputed claims. Such administrative law judges
shall be full-time salaried employees of the department. Administrative
law judges appointed under this section are not subject to IC 4-21.5 or
any other statute regulating administrative law judges, unless
specifically provided.
(b) The unemployment insurance board may authorize
employment of part time administrative law judges for limited
periods.
SOURCE: IC 22-4-18-1; (01)CC196202.12. -->
SECTION 12.
IC 22-4-18-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 1. (a) There is
created a department under
IC 22-4.1-2-1
which shall be known as the
department of workforce development.
(b) The department of workforce development may:
(1) Administer the unemployment insurance program, the
Wagner-Peyser program,
the Workforce Investment Act, the Job
Training Partnership Act program, including a free public labor
exchange, and related federal and state employment and training
programs as directed by the governor.
(2) Formulate and implement an employment and training plan as
required by the
Workforce Investment Act (29 U.S.C. 2801 et
seq.), the Job Training Partnership Act (29 U.S.C. 1501 et seq.),
and the Wagner-Peyser Act (29 U.S.C. 49 et seq.).
(3) Coordinate activities with all state agencies and departments
that either provide employment and training related services or
operate appropriate resources or facilities, to maximize Indiana's
efforts to provide employment opportunities for economically
disadvantaged individuals, dislocated workers, and others with
substantial barriers to employment.
(4) Apply for, receive, disburse, allocate, and account for all funds,
grants, gifts, and contributions of money, property, labor, and other
things of value from public and private sources, including grants
from agencies and instrumentalities of the state and the federal
government.
(5) Enter into agreements with the United States government that
may be required as a condition of obtaining federal funds related
to activities of the department.
(6) Enter into contracts or agreements and cooperate with local
governmental units or corporations, including profit or nonprofit
corporations, or combinations of units and corporations to carry out
the duties of this agency imposed by this chapter, including
contracts for the establishment and administration of employment
and training offices and the delegation of its administrative,
monitoring, and program responsibilities and duties set forth in this
article. Before executing contracts described by this subdivision,
the department shall give preferential consideration to using
departmental personnel for the provision of services through local
public employment and training offices. Contracting of
Wagner-Peyser services is prohibited where state employees are
laid-off laid off due to the diversion of Wagner-Peyser funds.
(7) Perform other services and activities that are specified in
contracts for payments or reimbursement of the costs made with
the Secretary of Labor or with any federal, state, or local public
agency or administrative entity under the Workforce Investment
Act (29 U.S.C. 2801 et seq.), the Job Training Partnership Act (29
U.S.C. 1501 et seq.), or private nonprofit organization.
(8) Enter into contracts or agreements and cooperate with entities
that provide vocational education to carry out the duties imposed
by this chapter.
(c) The department of workforce development may not enter into
contracts for the delivery of services to claimants or employers under
the unemployment insurance program. The payment of unemployment
compensation must be made in accordance with 26 U.S.C. 3304.
(d) The department of workforce development may do all acts and
things necessary or proper to carry out the powers expressly granted
under this article, including the adoption of rules under
IC 4-22-2.
(e) The department of workforce development may not charge any
claimant for benefits for providing services under this article, except as
provided in
IC 22-4-17-12.
(f) The department of workforce development shall distribute federal
funds made available for employment training in accordance with:
(1) 29 U.S.C. 2801 et seq., 29 U.S.C. 1501 et seq., and other
applicable federal laws; and
(2) the plan prepared by the department under subsection (g)(1).
However, the Indiana commission on vocational and technical
education within the department of workforce development shall
distribute federal funds received under 29 U.S.C. 1533.
(g) In addition to the duties prescribed in subsections (a) through (f),
the department of workforce development shall do the following:
(1) Implement to the best of its ability its employment training
programs (as defined in
IC 20-1-18.3-3
), and the comprehensive
vocational education program in Indiana developed under the long
range plan under
IC 20-1-18.3-10
, and the skills 2016 training
program established under
IC 22-4-10.5.
(2) Upon request of the budget director, prepare a legislative
budget request for state and federal funds for employment training.
The budget director shall determine the period to be covered by the
budget request.
(3) Evaluate its programs according to criteria established by the
Indiana commission on vocational and technical education within the
department of workforce development under
IC 20-1-18.3-13.
(4) Make or cause to be made studies of the needs for various types
of programs that are related to employment training and authorized
under the Workforce Investment Act and the Job Training
Partnership Act.
(5) Distribute state funds made available for employment training
that have been appropriated by the general assembly in accordance
with:
(A) the general assembly appropriation; and
(B) the plan prepared by the department under subdivision (1).
SOURCE: IC 22-4-18-4; (01)CC196202.13. -->
SECTION 13.
IC 22-4-18-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 4. The department
of workforce development established under
IC 22-4.1-2-1
shall
administer job training and placement services,
the skills 2016
training program established by
IC 22-4-10.5-2
, and unemployment
insurance.
SOURCE: IC 22-4-18.3; (01)CC196202.14. -->
SECTION 14.
IC 22-4-18.3
IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002]:
Chapter 18.3. Incumbent Workers Training Board
Sec. 1. As used in this chapter, "board" refers to the incumbent
workers training board established by this chapter.
Sec. 2. The incumbent workers training board is established. The
board consists of the following members:
(1) One member to represent labor appointed by the governor
from a list of nominees provided by the United Auto Workers
Region 3.
(2) One member to represent labor appointed by the governor
from a list of nominees provided by the Indiana State
AFL-CIO.
(3) One member to represent business appointed by the
governor from a list of nominees provided by the Indiana
Manufacturers Association.
(4) One member to represent business appointed by the
governor from a list of nominees provided by the Indiana
Chamber of Commerce.
Sec. 3. Each member of the board serves at the pleasure of the
governor. If a vacancy exists on the board for any reason, including
death, resignation, or removal by the governor, the governor shall
fill the vacancy by appointing a new member from a list provided
by the same organization that nominated the former member
whose position is vacant.
Sec. 4. The board shall meet at least once each month at the office
of the department of workforce development. The department shall
provide staff support for the board.
Sec. 5. The affirmative votes of three (3) members of the board
are required to take action on any matter.
Sec. 6. (a) The board shall make recommendations to the
unemployment insurance board for disbursements of funds from
the skills 2016 training fund established by
IC 22-4-24.5-2.
The
unemployment insurance board may either approve or reject, but
not modify, such a recommendation.
(b) If the unemployment insurance board approves a
disbursement recommended by the board, the department of
workforce development shall so disburse the funds.
(c) If the unemployment insurance board rejects a
recommendation of the board, the unemployment insurance board
may return the recommendation to the board and may include a
written statement explaining the reasons for the rejection.
Sec. 7. The board shall communicate its recommendations to the
unemployment insurance board in writing. The unemployment
insurance board shall place the board's recommendations on the
unemployment insurance board's agenda for its next meeting and
shall take action on the recommendations at that meeting.
SOURCE: IC 22-4-19-6; (01)CC196202.15. -->
SECTION 15.
IC 22-4-19-6
, AS AMENDED BY P.L.235-1999,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002]: Sec. 6. (a) Each employing unit shall keep true
and accurate records containing information the department considers
necessary. These records are:
(1) open to inspection; and
(2) subject to being copied;
by an authorized representative of the department at any reasonable
time and as often as may be necessary. The commissioner, the review
board, or an administrative law judge may require from any employing
unit any verified or unverified report, with respect to persons employed
by it, which is considered necessary for the effective administration of
this article.
(b) Except as provided in subsection (d), information obtained or
obtained from any person in the administration of this article and the
records of the department relating to the unemployment tax, the skills
2016 assessment under
IC 22-4-10.5-3
, or the payment of benefits is
confidential and may not be published or be open to public inspection
in any manner revealing the individual's or the employing unit's
identity, except in obedience to an order of a court or as provided in
this section.
(c) A claimant at a hearing before an administrative law judge or the
review board shall be supplied with information from the records
referred to in this section to the extent necessary for the proper
presentation of the subject matter of the appearance. The commissioner
may make the information necessary for a proper presentation of a
subject matter before an administrative law judge or the review board
available to an agency of the United States or an Indiana state agency.
(d) The commissioner may release the following information:
(1) Summary statistical data may be released to the public.
(2) Employer specific information known as ES 202 data and data
resulting from enhancements made through the business
establishment list improvement project may be released to the
department of commerce only for the following purposes:
(A) The purpose of conducting a survey.
(B) The purpose of aiding the officers or employees of the
department of commerce in providing economic development
assistance through program development, research, or other
methods.
(C) Other purposes consistent with the goals of the department
of commerce and not inconsistent with those of the department.
(3) Employer specific information known as ES 202 data and data
resulting from enhancements made through the business
establishment list improvement project may be released to the
budget agency only for aiding the employees of the budget agency
in forecasting tax revenues.
(4) Information obtained from any person in the administration of
this article and the records of the department relating to the
unemployment tax or the payment of benefits for use by the
following governmental entities:
(A) department of state revenue; or
(B) state or local law enforcement agencies;
only if there is an agreement that the information will be kept
confidential and used for legitimate governmental purposes.
(e) The commissioner may make information available under
subsection (d)(1), (d)(2), or (d)(3) only:
(1) if:
(A) data provided in summary form cannot be used to identify
information relating to a specific employer or specific employee;
or
(B) there is an agreement that the employer specific information
released to the department of commerce or budget agency will
be treated as confidential and will be released only in summary
form that cannot be used to identify information relating to a
specific employer or a specific employee; and
(2) after the cost of making the information available to the person
requesting the information is paid under
IC 5-14-3.
(f) An employee:
(1) of the department who recklessly violates subsection (a), (c),
(d), or (e); or
(2) of any governmental entity listed in subsection (d)(4) of this
chapter who recklessly violates subsection (d)(4) of this chapter;
commits a Class B misdemeanor.
(g) An employee of the department of commerce or the budget
agency who violates subsection (d) or (e) commits a Class B
misdemeanor.
SOURCE: IC 22-4-19-7; (01)CC196202.16. -->
SECTION 16.
IC 22-4-19-7
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 7. In any case
where an employing unit, or any officer, member, or agent thereof or
any other person having possession of the records thereof, shall fail or
refuse upon demand by the board, the review board, or an
administrative law judge, or the duly authorized representative of any
of them, to produce or permit the examination or copying of any book,
paper, account, record, or other data pertaining to payrolls or
employment or ownership of interests or stock in any employing unit,
or bearing upon the correctness of any contribution report or the skills
2016 training assessment under
IC 22-4-10.5-3
, or for the purpose of
making a report as required by this article where none has been made,
then and in that event the board, the review board, or the administrative
law judge, or the duly authorized representative of any of them, may by
issuance of a subpoena require the attendance of such employing unit,
or any officer, member, or agent thereof or any other person having
possession of the records thereof, and take testimony with respect to
any such matter and may require any such person to produce any books
or records specified in such subpoena.
SOURCE: IC 22-4-19-9; (01)CC196202.17. -->
SECTION 17.
IC 22-4-19-9
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 9. If any
employing unit fails to make any payroll report required by this article,
the commissioner shall give written notice by mail to the employing
unit to make and file the report within ten (10) days from the date of
the notice. If the employing unit, by its proper members, officers, or
agents, fails or refuses to make and file the report within such time, the
report shall be made by the department from the best information
available, and the amount of contribution and skills 2016 training
assessment due shall be computed thereon and the report shall be
prima facie correct for the purposes of this article.
SOURCE: IC 22-4-20-1; (01)CC196202.18. -->
SECTION 18.
IC 22-4-20-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 1. (a) Whenever
the commissioner shall consider any account or claim for contributions
or skills 2016 training assessments under
IC 22-4-10.5-3
, or both,
against an employer, and any penalty or interest due thereon, or any
part thereof, to be uncollectible, written notification containing
appropriate information shall be furnished to the attorney general by
the commissioner setting forth the reasons therefor and the extent to
which collection proceedings have been taken. The attorney general
may review such notice and may undertake additional investigation as
to the facts relating thereto, and shall thereupon certify to the
commissioner an opinion as to the collectibility of such account or
claim. If the attorney general consents to the cancellation of such claim
for delinquent contributions or skills 2016 training assessments, or
both, and any interest or penalty due thereon, the board may then
cancel all or any part of such claim.
(b) In addition to the procedure for cancellation of claims for
delinquent contributions or skills 2016 training assessments, or both,
set out in subsection (a), the board may cancel all or any part of a claim
for delinquent contributions or skills 2016 training assessments, or
both, against an employer if all of the following conditions are met:
(1) The employer's account has been delinquent for at least seven
(7) years.
(2) The commissioner has determined that the account is
uncollectible and has recommended that the board cancel the claim
for delinquent contributions or skills 2016 training assessments,
or both.
(c) When any such claim or any part thereof is cancelled by the
board, there shall be placed in the files and records of the department,
in the appropriate place for the same, a statement of the amount of
contributions, skills 2016 training assessments, and any interest or
penalty due thereon, and the action of the board taken with relation
thereto, together with the reasons therefor.".
SOURCE: Page 6, line 22; (01)CC196202.6. -->
Page 6, line 22, delete "the board" and insert " IC 22-4-10.5".
Page 6, line 24, delete "for which the skills 2016 training program is"
and insert " of
IC 22-4-10.5.".
Page 6, delete line 25.
Page 6, between lines 27 and 28, begin a new paragraph and insert:
" (b) Subject to subsection (j), fifty-five percent (55%) of the
money in the fund shall be allocated to the state educational
institution established under
IC 20-12-61.
The money so allocated
to that state educational institution shall be used as follows:
(1) An amount to be determined annually shall be allocated to
the state educational institution established under
IC 20-12-61
for its costs in administering the training programs described
in subsection (b). However, the amount so allocated may not
exceed fifteen percent (15%) of the total amount of money
allocated under this subsection.
(2) After the allocation made under subdivision (1), forty
percent (40%) shall be used to provide training to participants
in joint labor and management building trades apprenticeship
programs approved by the United States Department of
Labor's Bureau of Apprenticeship Training.
(3) After the allocation made under subdivision (1), forty
percent (40%) shall be used to provide training to participants
in joint labor and management industrial apprenticeship
programs approved by the United States Department of
Labor's Bureau of Apprenticeship Training.
(4) After the allocation made under subdivision (1), twenty
percent (20%) shall be used to provide training to industrial
employees not covered by subdivision (2).
(c) Subject to subsection (j), the remainder of the money in the
fund shall be allocated as follows:
(1) An amount not to exceed one million dollars ($1,000,000)
shall be allocated to the department of workforce development
annually for technology needs of the department.
(2) An amount not to exceed four hundred fifty thousand
dollars ($450,000) shall be allocated annually for training and
counseling assistance under
IC 22-4-14-2
provided by state
educational institutions (as defined in
IC 20-12-0.5-1
) or
counseling provided by the department of workforce
development for individuals who:
(A) have been unemployed for at least four (4) weeks;
(B) are not otherwise eligible for training and counseling
assistance under any other program; and
(C) are not participating in programs that duplicate those
programs described in
IC 22-4-25-1
(e).
Training or counseling provided under
IC 22-4-14-2
does not
excuse the claimant from complying with the requirements of
IC 22-4-14-3.
Eligibility for training and counseling assistance
under this subdivision shall not be determined until after the
fourth week of eligibility for unemployment training
compensation benefits.
(3) An amount to be determined annually shall be set aside for
the payment of refunds from the fund.
(4) The remainder of the money in the fund after the
allocations provided for in subsection (b) and subdivisions (1)
through (3) shall be allocated to other incumbent worker
training programs.".
Page 6, line 28, delete "(b)" and insert " (d)".
Page 6, line 28, after "board." insert " However, all disbursements
from the fund must be recommended by the incumbent workers
training board and approved by the board as required by
IC 22-4-18.3-6.".
Page 6, delete lines 29 through 30.
Page 6, line 31, delete "(d)" and insert " (e)".
Page 6, line 35, delete "(e)" and insert " (f)".
Page 6, line 37, delete "(f)" and insert " (g)".
Page 7, delete lines 2 through 7, begin a new paragraph and insert:
" (h) All money deposited or paid into the fund is appropriated
annually for disbursements authorized by this section.".
Page 7, line 8, delete "(h)" and insert " (i)".
Page 7, between lines 10 and 11, begin a new paragraph and insert:
" (j) If the fund ratio (as described in
IC 22-4-11-3
) is less than or
equal to 1.5 or if the board determines that the solvency of the
unemployment insurance benefit fund established in
IC 22-4-16-1
is threatened, the funds assessed for or deposited in the skills 2016
training fund shall be directed or transferred to the unemployment
insurance benefit fund.
SOURCE: IC 22-4-25-1; (01)CC196202.20. -->
SECTION 20.
IC 22-4-25-1
, AS AMENDED BY P.L.179-1999,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002]: Sec. 1. (a) There is created in the state treasury
a special fund to be known as the special employment and training
services fund. All interest on delinquent contributions and penalties
collected under this article, together with any voluntary contributions
tendered as a contribution to this fund, shall be paid into this fund. The
money shall not be expended or available for expenditure in any
manner which would permit their substitution for (or a corresponding
reduction in) federal funds which would in the absence of said money
be available to finance expenditures for the administration of this
article, but nothing in this section shall prevent said money from being
used as a revolving fund to cover expenditures necessary and proper
under the law for which federal funds have been duly requested but not
yet received, subject to the charging of such expenditures against such
funds when received. The money in this fund shall be used by the board
for the payment of refunds of interest on delinquent contributions and
penalties so collected, for the payment of costs of administration which
are found not to have been properly and validly chargeable against
federal grants or other funds received for or in the employment and
training services administration fund, on and after July 1, 1945. Such
money shall be available either to satisfy the obligations incurred by
the board directly, or by transfer by the board of the required amount
from the special employment and training services fund to the
employment and training services administration fund. No expenditure
of this fund shall be made unless and until the board finds that no other
funds are available or can properly be used to finance such
expenditures, except that expenditures from said fund may be made for
the purpose of acquiring lands and buildings or for the erection of
buildings on lands so acquired which are deemed necessary by the
board for the proper administration of this article. The board shall order
the transfer of such funds or the payment of any such obligation or
expenditure and such funds shall be paid by the treasurer of state on
requisition drawn by the board directing the auditor of state to issue the
auditor's warrant therefor. Any such warrant shall be drawn by the state
auditor based upon vouchers certified by the board or the
commissioner. The money in this fund is hereby specifically made
available to replace within a reasonable time any money received by
this state pursuant to 42 U.S.C. 502, as amended, which, because of
any action or contingency, has been lost or has been expended for
purposes other than or in amounts in excess of those approved by the
bureau of employment security. The money in this fund shall be
continuously available to the board for expenditures in accordance with
the provisions of this section and shall not lapse at any time or be
transferred to any other fund, except as provided in this article. Nothing
in this section shall be construed to limit, alter, or amend the liability
of the state assumed and created by
IC 22-4-28
, or to change the
procedure prescribed in
IC 22-4-28
for the satisfaction of such liability,
except to the extent that such liability may be satisfied by and out of the
funds of such special employment and training services fund created
by this section.
(b) The board, subject to the approval of the budget agency and
governor, is authorized and empowered to use all or any part of the
funds in the special employment and training services fund for the
purpose of acquiring suitable office space for the department by way
of purchase, lease, contract, or in any part thereof to purchase land and
erect thereon such buildings as the board determines necessary or to
assist in financing the construction of any building erected by the state
or any of its agencies wherein available space will be provided for the
department under lease or contract between the department and the
state or such other agency. The commissioner may transfer from the
employment and training services administration fund to the special
employment and training services fund amounts not exceeding funds
specifically available to the commissioner for that purpose equivalent
to the fair, reasonable rental value of any land and buildings acquired
for its use until such time as the full amount of the purchase price of
such land and buildings and such cost of repair and maintenance
thereof as was expended from the special employment and training
services fund has been returned to such fund.
(c) The board may also transfer from the employment and training
services administration fund to the special employment and training
services fund amounts not exceeding funds specifically available to the
commissioner for that purpose equivalent to the fair, reasonable rental
value of space used by the department in any building erected by the
state or any of its agencies until such time as the department's
proportionate amount of the purchase price of such building and the
department's proportionate amount of such cost of repair and
maintenance thereof as was expended from the special employment and
training services fund has been returned to such fund.
(d) Whenever the balance in the special employment and training
services fund is deemed excessive by the board, the board shall order
payment into the unemployment insurance benefit fund of the amount
of the special employment and training services fund deemed to be
excessive.
(e) Subject to the approval of the board, the commissioner may use
not more than five million dollars ($5,000,000) during a program year
for:
(1) training and counseling assistance under IC 22-4-14-2 provided
by state educational institutions (as defined in IC 20-12-0.5-1) or
counseling provided by the department for individuals who:
(A) have been unemployed for at least four (4) weeks;
(B) are not otherwise eligible for training and counseling
assistance under any other program; and
(C) are not participating in programs that duplicate those
programs described in subdivision (2); or
(2) training provided by the state educational institution
established under
IC 20-12-61
to participants in joint labor and
management apprenticeship programs approved by the United
States Department of Labor's Bureau of Apprenticeship Training.
During a particular program year, the department may not use more
than one hundred fifty thousand dollars ($150,000) of the money
available under this subsection for its administrative expenses. During
a particular program year, at least ninety-four percent (94%) of the
money used under this subsection (excluding money used by the
department for its administrative expenses) shall be allocated for
training programs described in subdivision (2). Of the money allocated
for training programs described in subdivision (2), forty-five percent
(45%) under this subsection, fifty percent (50%) is designated for
industrial programs, and the remaining fifty-five fifty (50%) percent
(55%) is designated for building trade programs. During a particular
program year, not more than six percent (6%) of the money used under
this subsection (excluding money used by the department for its
administrative expenses) may be allocated for training and counseling
assistance under subdivision (1). Training or counseling provided
under IC 22-4-14-2 does not excuse the claimant from complying with
the requirements of IC 22-4-14-3. Eligibility for training and
counseling assistance under subdivision (1) shall not be determined
until after the fourth week of eligibility for unemployment training
compensation benefits.
SOURCE: IC 22-4-29-2; (01)CC196202.21. -->
SECTION 21.
IC 22-4-29-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 2. In addition to
all other powers granted to the commissioner by this article, the
commissioner or the commissioner's duly authorized representatives
shall have the power to make assessments against any employing unit
which fails to pay contributions, interest, skills 2016 training
assessments under
IC 22-4-10.5-3
, or penalties as required by this
article, or for additional contributions and skills 2016 training
assessments due and unpaid, which assessment shall be deemed is
considered prima facie correct. Such assessments shall consist of
contributions, skills 2016 training assessments under
IC 22-4-10.5-3
,
and any interest or penalties which may be due by reason of section 1
of this chapter, or the skills 2016 training assessment and interest
due under
IC 22-4-10.5.
Such assessment must be made not later than
four (4) calendar years subsequent to the date that said contributions,
skills 2016 training assessments, interest, or penalties would have
become due, except that this limitation shall not apply to any
contributions, skills 2016 training assessments, interest, or penalties
which should have been paid with respect to any incorrect report filed
with the department which report was known or should have been
known to be incorrect by the employing unit.
SOURCE: IC 22-4-29-12; (01)CC196202.22. -->
SECTION 22.
IC 22-4-29-12
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 12. The liability
for any contributions, skills 2016 training assessments, interest,
penalties, and damages imposed by this chapter, or costs incidental to
execution of warrants, shall not be subject to any of the provisions of
the exemption laws of the state of Indiana for the relief of debtors.
SOURCE: IC 22-4-31-3; (01)CC196202.23. -->
SECTION 23.
IC 22-4-31-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 3. No injunction
to restrain or delay the collection of any contributions, skills 2016
training assessments under
IC 22-4-10.5-3
, or other amounts claimed
to be due under the provisions of this article shall be issued by any
court.
SOURCE: IC 22-4-31-6; (01)CC196202.24. -->
SECTION 24.
IC 22-4-31-6
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 6. (a) If, after due
notice, any employing unit defaults in the payment of any contributions
or other money payments required by this article, the amount due may
be collected by civil action in the name of the state of Indiana on the
relation of the commissioner. Such civil action is not to be considered
as the exclusive method for collection of the contributions or money
payments but is in addition to the method provided in
IC 22-4-29-2
through
IC 22-4-29-12
and is to be brought only in such cases as the
board may deem advisable in the interest of necessity and convenience.
(b) Unless the employing unit prevails in a civil action brought
under this chapter, the court may award costs, including
reasonable attorney's fees, incurred by the state in bringing the
action.
SOURCE: IC 22-4-32-1; (01)CC196202.25. -->
SECTION 25.
IC 22-4-32-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 1. All matters
pertaining to:
(1) the assessment of contributions, penalties, and interest;
(2) which accounts, if any, benefits paid, or finally ordered to be
paid, should be charged;
(3) successorships, and related matters arising therefrom, including
but not limited to:
(A) the transfer of accounts; and
(B) the determination of rates of contribution; and
(4) claims for refunds of contributions, skills 2016 training
assessments, or adjustments thereon in connection with
subsequent contribution payments and skills 2016 training
assessments;
shall be heard by a liability administrative law judge upon proper
application for such hearing.
SOURCE: IC 22-4-32-16; (01)CC196202.26. -->
SECTION 26.
IC 22-4-32-16
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 16. In the event
of any distribution of any employer's assets pursuant to an order of any
court under the laws of this state including but not necessarily limited
to any receivership, assignment for benefit of creditors, adjudicated
insolvency, composition or similar proceeding, contributions and skills
2016 training assessments under
IC 22-4-10.5-3
then or thereafter
due shall be paid in full prior to all other claims except claims for
remuneration.
SOURCE: IC 22-4-32-17; (01)CC196202.27. -->
SECTION 27.
IC 22-4-32-17
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 17. No final
report or act of any executor, administrator, receiver, other fiduciary,
or other officer engaged in administering the assets of any employer
subject to the payment of contributions under this article and acting
under the authority and supervision of any court shall be allowed or
approved by the court unless such report or account shows and the
court finds that all contributions, interest, skills 2016 training
assessments under
IC 22-4-10.5-3
, and penalties imposed by this
article have been paid pursuant to this section, and that all
contributions and skills 2016 training assessments which may
become due under this article are secured by bond or deposit.
SOURCE: IC 22-4-32-18; (01)CC196202.28. -->
SECTION 28.
IC 22-4-32-18
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 18. To the end
that the purposes of this article may be effectively enforced and
administered, it is the declared intention of the general assembly that
in all cases of legal distributions and dissolutions the commissioner
shall have actual notice before any fiduciary administering the affairs
of an employer subject to the payment of contributions and skills 2016
training assessments under this article may file the fiduciary's final
report with the court under whose authority and supervision such
fiduciary acts. From and after April 1, 1947, no such final report shall
be filed unless a copy thereof has been served upon the commissioner
by mailing a copy thereof by registered mail to the commissioner at the
commissioner's office in Indianapolis at least ten (10) days prior to the
filing of the same with the court. Such final report shall contain a
statement that a copy thereof was served in the manner provided in this
section upon the commissioner, and before such final report may be
approved by the court there shall be filed in said cause a certificate
from the commissioner that this section has been fully complied with
in the administration of the affairs of said employer. In the event that
the commissioner shall not have been served with a copy of the final
report as provided in this section and the fiduciary or other officer of
the court administering the affairs of any such employer shall have
been discharged and the fiduciary's or other officer's final report
approved, the commissioner may at any time within one (1) year from
the date upon which such final report was approved file a petition with
the court alleging that there was not full compliance with this section
and the court, upon being satisfied that the commissioner was not fully
advised of the proceedings relative to the filing and approval of the
final report as provided in this section, shall set aside its approval of
said final report with the result that the proceedings shall be reinstated
as though no final report had been filed in the first instance and shall
proceed from that point in the manner provided by law and not
inconsistent with the provisions of this section.
SOURCE: IC 22-4-32-19; (01)CC196202.29. -->
SECTION 29.
IC 22-4-32-19
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 19. (a) At any
time within four (4) years after the date upon which any contributions,
skills 2016 training assessments under
IC 22-4-10.5-3
, or interest
thereon were paid, an employing unit which has paid such
contributions,
skills 2016 training assessments, or interest thereon
may make application for a refund of such contributions,
skills 2016
training assessments, or an adjustment thereon in connection with
subsequent contribution payments or skills 2016 training
assessments. The commissioner shall thereupon determine whether or
not such contribution or skills 2016 training assessment, or interest
or any portion thereof was erroneously paid or wrongfully assessed and
notify the employing unit in writing of its decision.
(b) Such decision shall constitute the initial determination referred
to in section 4 of this chapter and shall be subject to hearing and review
as provided in sections 1 through 15 of this chapter.
(c) The commissioner may grant such application in whole or in part
and may allow the employing unit to make an adjustment thereof
without interest in connection with subsequent contribution payments
or skills 2016 training assessments. If such adjustment cannot be
made, the commissioner may refund such amounts, without interest,
from the fund. For like cause and within the same period, adjustments
or refund may be made on the commissioner's own initiative. Any
adjustments or refunds of interest or penalties collected for
contributions due under
IC 22-4-10-1
shall be charged to and paid
from the special employment and training services fund created by
IC 22-4-25.
Any adjustments or refunds of interest or penalties
collected for skills 2016 training assessments due under
IC 22-4-10.5-3
shall be charged to and paid from the skills 2016
training fund established by
IC 22-4-24.5-1.
(d) If any assessment has become final by virtue of a decision of a
liability administrative law judge with the result that no proceeding for
judicial review as provided in this article was instituted, no refund or
adjustment with respect to such assessment shall be made.
SOURCE: IC 22-4-32-20; (01)CC196202.30. -->
SECTION 30.
IC 22-4-32-20
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 20. The
contributions, penalties, skills 2016 training assessments under
IC 22-4-10.5-3
, and interest due from any employer under the
provisions of this article from the time they shall be due shall be a
personal liability of the employer to and for the benefit of the fund and
the employment and training services administration fund.
SOURCE: IC 22-4-32-23; (01)CC196202.31. -->
SECTION 31.
IC 22-4-32-23
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 23. (a) As used
in this section:
(1) "Dissolution" refers to dissolution of a corporation under
IC 23-1-45
through
IC 23-1-48.
(2) "Liquidation" means the operation or act of winding up a
corporation's affairs, when normal business activities have ceased,
by settling its debts and realizing upon and distributing its assets.
(3) "Withdrawal" refers to the withdrawal of a foreign corporation from
Indiana under
IC 23-1-50.
(b) The officers and directors of a corporation effecting dissolution,
liquidation, or withdrawal shall do the following:
(1) File all necessary documents with the department in a timely
manner as required by this article.
(2) Make all payments of contributions
and skills 2016 training
assessments under
IC 22-4-10.5-2
to the department in a timely
manner as required by this article.
(3) File with the department a form of notification within thirty
(30) days of the adoption of a resolution or plan. The form of
notification shall be prescribed by the department and may require
information concerning:
(A) the corporation's assets;
(B) the corporation's liabilities;
(C) details of the plan or resolution;
(D) the names and addresses of corporate officers, directors, and
shareholders;
(E) a copy of the minutes of the shareholders' meeting at which
the plan or resolution was formally adopted; and
(F) such other information as the board may require.
The commissioner may accept, in lieu of the department's form of
notification, a copy of Form 966 that the corporation filed with the
Internal Revenue Service.
(c) Unless a clearance is issued under subsection (g), for a period of
one (1) year following the filing of the form of notification with the
department, the corporate officers and directors remain personally
liable, subject to
IC 23-1-35-1
(e), for any acts or omissions that result
in the distribution of corporate assets in violation of the interests of the
state. An officer or director held liable for an unlawful distribution
under this subsection is entitled to contribution:
(1) from every other director who voted for or assented to the
distribution, subject to
IC 23-1-35-1
(e); and
(2) from each shareholder for the amount the shareholder accepted.
(d) The corporation's officers' and directors' personal liability
includes all contributions, skills 2016 training assessments, penalties,
interest, and fees associated with the collection of the liability due the
department. In addition to the penalties provided elsewhere in this
article, a penalty of up to thirty percent (30%) of the unpaid
contributions and skills 2016 training assessments may be imposed
on the corporate officers and directors for failure to take reasonable
steps to set aside corporate assets to meet the liability due the
department.
(e) If the department fails to begin a collection action against a
corporate officer or director within one (1) year after the filing of a
completed form of notification with the department, the personal
liability of the corporate officer or director expires. The filing of a
substantially blank form of notification or a form containing
misrepresentation of material facts does not constitute filing a form of
notification for the purpose of determining the period of personal
liability of the officers and directors of the corporation.
(f) In addition to the remedies contained in this section, the
department is entitled to pursue corporate assets that have been
distributed to shareholders in violation of the interests of the state. The
election to pursue one (1) remedy does not foreclose the state's option
to pursue other legal remedies.
(g) The department may issue a clearance to a corporation effecting
dissolution, liquidation, or withdrawal if:
(1) the officers and directors of the corporation have met the
requirements of subsection (b); and
(2) request for the clearance is made in writing by the officers and
directors of the corporation within thirty (30) days after the filing
of the form of notification with the department.
(h) The issuance of a clearance by the department under subsection
(g) releases the officers and directors from personal liability under this
section.
SOURCE: IC 22-4-32-24; (01)CC196202.32. -->
SECTION 32.
IC 22-4-32-24
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 24. (a) This
section applies to notices given under sections 4, 7, 8, and 9 of this
chapter.
(b) As used in this section, "notices" includes mailings pertaining to:
(1) the assessment of contributions, skills 2016 training assessments
under
IC 22-4-10.5-3
, penalties, and interest;
(2) the transfer of charges from an employer's account;
(3) successorships and related matters arising from successorships;
(4) claims for refunds and adjustments;
(5) decisions; and
(6) notices of intention to appeal or seek judicial review.
(c) If a notice under this chapter is served through the United States
Postal Service, three (3) days must be added to a period that
commences upon service of that notice.
(d) The filing of a document with the appellate division or review
board is complete on the earliest of the following dates that apply to the
filing:
(1) The date on which the document is delivered to the appellate
division or review board.
(2) The date of the postmark on the envelope containing the
document if the document is mailed to the appellate division or
review board by the United States Postal Service.
(3) The date on which the document is deposited with a private
carrier, as shown by a receipt issued by the carrier, if the document
is sent to the appellate division or review board by a private carrier.
SOURCE: IC 22-4-33-1; (01)CC196202.33. -->
SECTION 33.
IC 22-4-33-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 1. Except as
provided in
IC 22-4-39
, any agreement by an individual to waive,
release or commute his rights to benefits or any other rights under this
article is void. Any agreement by any individual in the employ of any
person or concern to pay all or any portion of an employer's
contributions required under this article or skills 2016 training
assessments under
IC 22-4-10.5-3
from the employer is void. No
employer may make or require or accept any deduction from the
remuneration of individuals in his employ to finance the employer's
contributions or skills 2016 training assessments under
IC 22-4-10.5-3
required from him, or require or accept any waiver by
any individual in his employ of any right under this article.".
SOURCE: Page 9, line 14; (01)CC196202.9. -->
Page 9, between lines 14 and 15, begin a new paragraph and insert:
SOURCE: ; (01)CC196202.35. -->
"SECTION 35. [EFFECTIVE JANUARY 1, 2002]
(a) For calendar
year 2002, the skills 2016 assessments as set forth in
IC 22-4-10.5-3
,
as added by this act, shall be based on the taxable wages earned in
calendar year 2001.
(b) For calendar year 2003, the skills 2016 assessments as set
forth in
IC 22-4-10.5-3
, as added by this act, shall be based on the
taxable wages earned in calendar year 2002.
(c) For calendar year 2004, the skills 2016 assessments as set
forth in
IC 22-4-10.5-3
, as added by this act, shall be based on the
taxable wages earned in calendar year 2003.
(d) This SECTION expires January 1, 2006.".
Renumber all SECTIONS consecutively.
(Reference is to EHB 1962 as printed March 30, 2001.)
Conference Committee Report
on
Engrossed House
Bill 1962
Text Box
S
igned by:
____________________________ ____________________________
Representative Stilwell Senator Harrison
Chairperson
____________________________ ____________________________
Representative Smith M Senator Craycraft
House Conferees Senate Conferees