Signed by Governor Mitch Daniels, Jr.

Vote Smart's Synopsis:

Vote to pass a bill that amends various employment laws.

Highlights:

-Increases the cost of certain state controlled projects from $12 million to $18 million, or an amount equal to 1% of the total gross assessed property value if the amount is at least $1 million, on the condition that the statewide unemployment rate of the previous year is 10% or higher (Sec. 1 [IC 6-1.1-20-3.5]). -Requires that an individual performing construction services for a contractor to be considered an employee of the contractor (Sec. 5 [IC 22-2-15]). -Requires records to be maintained by contractors pertaining to the relationship between the contractor or subcontractor and an employee, which includes, but is not limited to (Sec. 5 [IC 22-2-15]):

-Name, address, and phone number; -Social Security number; -The type of work performed and the total number of days and hours worked; -The frequency of work performed and how and when wages were paid; -Invoices and billing records; -Copies of all contracts, agreements, and applications for employment by the individual with the contractor or subcontractor; and -Federal and state tax documents.

-Fines a contractor or subcontractor $1,000 per improperly classified employee, as determined by the Department of Workforce Development (Sec. 5 [IC 22-2-15]). -Establishes the "employee classification fund' for the purposes of (Sec. 5 [IC 22-2-15]):

-Investigating contractors, agents of contractors, and subcontractors; -Determining whether or not there is proof to substantiate allegations of failure to properly classify employees; and -Meeting the other expenses incurred in carrying out the duties of the Indiana Department of Labor.

-Removes provisions that establish an unemployment claims compliance center (Sec. 35 [IC 22-4-17-2]). -Requires that any funds in the special employment and training services fund deemed to be excessive by the board, be deposited into the unemployment insurance benefit fund (Sec. 42 [IC22 --4-25-1]). -Requires any civil action being brought against a contractor by an "aggrieved person' to commence no later than 3 years after the aggrieved person exits employment from the contractor (Sec. 22 [IC 34-11-2-13]). -Repeals provisions in the Indiana Code that govern voluntary payments by employers having debit experience accounts (Sec. 47 [IC 22-4-10-5.5]). -Declares an emergency for this act (Sec. 26).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that postpones scheduled unemployment tax changes so that they take effect on January 1, 2011 rather than January 1, 2010.

Highlights:

-Postpones from January 1, 2010 to January 1, 2011 the date on which the amount excluded from the definition of "wages" shall change from being an individual's pay after the first $7,000 in a calendar year to an individual's pay after the first $9,500 in a calendar year (Sec. 1). -Postpones the date on which the employer unemployment compensation contribution increases from 5.6 percent to 12 percent of wages from January 1, 2010 to January 1, 2011 (Sec. 2). -Postpones the date on which certain employer experience account contribution rates decrease from 2.7 percent to 2.5 percent from January 1, 2010 to January 1, 2011 (Sec. 3). -Postpones the date on which certain employer experience account contribution rates for employers who have not filed all required contributions and wage reports or have not paid all contributions, penalties, or interest due in the required time period shall increase from at least 5.6 percent to at least 12 percent from January 1, 2010 to January 1, 2011 (Sec. 3). -Postpones changes in certain employer experience account fund ratio schedules and other rate schedules so that they take effect at the beginning of 2011 rather than the beginning of 2010 (Sec. 4-6). -Requires the Department of Workforce Development to "promptly" send notification of benefit liability to an employer when an individual files an unemployment benefits claim (Sec. 7). -Requires the Department of Workforce Development to provide written notice to claimants and employers when the following determinations are made with respect to the validity of unemployment benefits claims or eligibility for such benefits (Sec. 7):

-Wage credits or benefit rights were cancelled; -The claimant is disqualified, ineligible, or subject to a penalty; or -The claim is denied.

-Repeals Indiana Code 22-4-10-5.5, a provision that governs voluntary payments by employers having debit experience accounts (Sec. 8).

Full Bill Text