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House Bill 1003


House Bill 1003

ARCHIVE (2003)

Latest Information

 

DIGEST OF HB 1003 (Updated March 4, 2003 4:49 PM - DI 102)


Various employment related statutes. Authorizes the use of federal money by the department of workforce development for various purposes. Establishes requirements for the procedure used by a common construction wage committee to determine the scale of wages for the construction of a public work. Allows an apprentice, under certain conditions, to work on a contract for the construction of a public work at less than the schedule of wages. Requires a contractor or subcontractor of a public work to file weekly payroll records with the state or municipal corporation that let the contract. Requires that certain contract provisions related to the common construction wage be included in public works contracts and subcontracts. Makes the knowing or intentional submission of a false or incomplete payroll a Class A misdemeanor. Makes the failure to submit a payroll a Class B infraction. Makes a contractor's failure to make payroll records and employees available to the state or municipal corporation that let the contract or to the department of labor a Class A infraction. Provides that a contractor or subcontractor who has a prior unrelated conviction under the common wage law and is convicted of a subsequent offense is disqualified for three years after the date of the subsequent offense from being awarded a contract for the construction of a public work. Requires the department of labor to resolve disputes relating to the payment of the common construction wage. Authorizes the department of labor to enforce the independent contractor exemption from worker's compensation and occupational disease coverage and allocates amounts in the worker's compensation supplemental administrative fund for enforcement. Increases the filing fee from $15 to $30 for an independent contractor's certificate of exemption. Provides that a person who fails to: (1) obtain a copy of an independent contractor's stamped certificate of exemption before the contractor performs work; or (2) keep a copy of the certificate on file as long as the contractor is performing work; is subject to a civil penalty not to exceed $1,000 per violation. Increases worker's compensation and occupational disease benefits. Adds employee willfulness to the knowingly requirement for employer affirmative defenses. Specifies that the average weekly wage for a later period of disability resulting from a compensable injury or occupational disease is the greater of the average weekly wage at the time of the compensable injury or disease or the average weekly wage at the time of the later period of disability, subject to the maximum average weekly wage in effect as of the last day the employee worked. Revises the calculation of second injury fund assessments. Establishes an occupational disease second injury fund. Authorizes a 10% prejudgment interest rate for disputed worker's compensation and occupational disease claims. Establishes disabled from trade compensation. Requires an employer to give an employee 30 days notice before terminating temporary total disability benefits. Provides for a $250 fine for failure to pay assessments into the second injury fund or occupational disease second injury fund. Requires the worker's compensation board to refer an insurance carrier that does not pay the assessments to the department of insurance for administrative action for committing an unfair or deceptive act and practice. Provides for a uniform two year statute of limitations for worker's compensation and occupational disease claims. Authorizes the worker's compensation board to appoint magistrates to determine issues arising under worker's compensation, with certain exceptions. Requires a magistrate to report the magistrate's findings in an evidentiary hearing to the board and requires a board member to enter the final order or award. Establishes a process for transferring an employee's medical treatment to another attending physician. Requires the written consent of an employee and the involved medical personnel for an employer representative to be present during an employee's medical treatment or examination. Eliminates the waiting period for unemployment benefits. Establishes an alternative base period. Increases maximum wage credits and the taxable wage base. Reduces to 10 days an employer's response time to unemployment benefit claims. Establishes work sharing and job training benefits. Requires the department of workforce development (DWD) to deposit the first $450,000 in skills 2016 training assessments in the special employment and training services fund. Eliminates the transfer of skills 2016 training fund assessments and deposits to the unemployment insurance benefit fund. Increases to 93% the amount in the skills 2016 training fund allocated to Ivy Tech and reduces to 12.5% the maximum amount from the allocation that may be used by Ivy Tech for administrative costs. Specifies that the skills 2016 training fund administrative expenses are paid from the fund subject to the approval of the incumbent workers training board. Repeals the sunset provision for the skills 2016 training program. Makes permanent the reduction in the unemployment benefit insurance fund contribution rate to fund the skills 2016 training program.
Current Status:
 In Committee - 2nd House
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