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Senate Bill 0023

Senate Bill 0023

ARCHIVE (2010)

Latest Information

DIGEST OF SB 23 (Updated March 13, 2010 12:33 am - DI 73)

State and local administration. Requires the Indiana economic development corporation to: (1) designate an employee in the small business division to serve as a small business ombudsman; and (2) designate an employee to serve as a compliance officer whose primary duties are to determine and report to the corporation whether each person that receives a job creation incentive granted by the corporation or another agency or instrumentality of the state (excluding any political subdivision or other unit of local government) complies with the terms and conditions of the person's incentive agreement. Eliminates the requirement that an existing business must employ 35 or more employees to qualify for an EDGE credit. Provides a uniform definition of small business for certain regulatory review programs. Provides a new employer tax credit for a corporation or pass through entity that after December 31, 2009, either locates or relocates the operations of a business enterprise in Indiana, incorporates or otherwise first organizes in Indiana, or expands its operation of a business enterprise in Indiana and employees at least 10 new qualified employees. Requires the Indiana economic development corporation to approve taxpayers for the credit. Provides that the credit is 10% of the wages paid by the new Indiana business to qualified employees during a 24 month period. Permits a carry forward of the credit for nine years. Permits the secretary of family and social services to apply for and administer certain TANF emergency funds. Upon approval of the TANF emergency fund application, permits the commissioner of the department of workforce development to implement a subsidized employment program for unemployed or underemployed individuals. Permits augmentation of the state TANF appropriation to match federal funding for the subsidized employment program. Delays changes in the taxable wage base and employer contribution rates for the unemployment compensation system to 2011. Provides for an employer contribution rate equal to the sum of the employer's contribution rate plus two percent unless all required contributions and wage reports have been filed within 31 days following the computation date and all contributions, penalties, and interest due and owing by the employer or the employer's predecessor for periods before and including the computation date have been paid. Requires the department of labor to develop guidelines and procedures for investigating questions and complaints concerning employee classification. Requires the department of labor to do the following: (1) Make a presentation to the pension management oversight commission not later than October 1, 2010, outlining the proposed guidelines and procedures. (2) Make recommendations to the legislative council before November 1, 2010, concerning any legislative changes needed to implement the guidelines and procedures, including a budgetary recommendation for the implementation of the plan and a funding mechanism, to the extent possible. (3) Convert the guidelines and procedures to rules before August 1, 2011. Removes the condition that an individual submit at least one application for work in each week for which the individual is claiming benefits. Provides that an otherwise eligible individual may not be denied unemployment benefits or be determined not able, available, and actively seeking work because the individual is responding to a summons for jury service. Requires the individual to obtain from the court proof of the individual's jury service and provide to the department of workforce development, in the manner the department prescribes by rule, proof of the individual's jury service. Deletes the statute requiring the department of workforce development to establish an unemployment claims compliance center. Provides that, if an employer appeals an initial determination granting benefits to a claimant and the determination is reversed at least in part based on information that the employer failed to provide in response to a department request, the employer's experience account (account) shall be charged 50% of the benefits paid to the employee that the employee was not entitled to receive and for which the employer's experience account may be charged. Provides that if the employee repays the benefits received the employer's account is credited with the amount of the employee's repayment up to 50% of the amount charged to the account. Provides that each administrative law judge employed or used by the department of workforce development must be an attorney who is licensed to practice law in Indiana. Allows cities, counties, and townships to give preference in the hiring of police and fire department positions to laid off policemen, firefighters, and emergency workers. Repeals a provision that permits an employer with a debit reserve ratio to elect once, after December 31, 2009, and before January 1, 2012, to make a voluntary contribution to the fund and receive a credit to the employer's account equal to 250% of the amount of the voluntary contribution. Specifies that the IEDC, when developing job creation incentive packages to locate companies in Indiana, shall give weight, in the awarding or approving of job creation incentives, to business entities that locate in a county where individuals have become dislocated workers due to a permanent closure of a plant or facility or a significant reduction in the workforce. Provides that the IEDC shall require an applicant for a job creation incentive to be granted by the IEDC after March 31, 2010, to enter into an agreement with the IEDC as a condition of receiving the incentive. Requires the agreement to provide that the IEDC, after a finding that an applicant is employing fewer individuals than the applicant agreed to employ and subject to any confidentiality laws, shall hold a hearing to determine if the applicant shall be required to pay back to the state a portion of the incentive granted to the applicant under the agreement. Requires the agreement to provide that the applicant will pay back to the state the incentive that has been received by the applicant if the applicant moves or closes. Provides that in the case of an incentive granted by the IEDC that is awarded after March 31, 2010, if the IEDC determines that a recipient of an incentive has not complied with the representations that the recipient made in obtaining the incentive, the IEDC shall seek a refund or arrange other methods of reclaiming the value of the incentive granted by the IEDC from the recipient. Specifies that the amount of the refund or reclaimed part must be in proportion to the degree of default by the recipient as determined by the IEDC. Specifies that the IEDC shall establish a program to ensure that dislocated workers from Indiana are given consideration for jobs created by business entities receiving a job creation incentive from the state or an instrumentality of the state. Requires the IEDC to condition job creation incentives awarded or approved after March 31, 2010, on compliance with the program. Allows the IEDC to waive or modify a recapture provision made with a person to whom the IEDC has awarded an incentive if the IEDC determines that the recipient has failed to meet a condition for receiving the incentive because of circumstances beyond the recipient's control. Requires the IEDC's economic incentives and compliance report to include an annual report on the effectiveness of and compliance with all incentives granted by the IEDC. Requires the IEDC to make certain information available. Establishes an interim study committee to study the feasibility and value of indexing unemployment benefits and the unemployment insurance taxable wage base.
    Current Status:
    Law Enacted
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