LEGISLATIVE SERVICES AGENCY OFFICE OF FISCAL AND MANAGEMENT ANALYSIS 200 W. Washington St., Suite 301 Indianapolis, IN 46204 (317) 233-0696 iga.in.gov FISCAL IMPACT STATEMENT LS 6868 NOTE PREPARED: Dec 31, 2021 BILL NUMBER: HB 1215 BILL AMENDED: SUBJECT: Work Sharing Unemployment Insurance Program. FIRST AUTHOR: Rep. Hatfield BILL STATUS: As Introduced FIRST SPONSOR: FUNDS AFFECTED:XGENERAL IMPACT: State & Local XDEDICATED XFEDERAL Summary of Legislation: The bill establishes a work sharing unemployment insurance program. It requires an employer that desires to participate in the program to submit a work sharing plan for approval by the Commissioner of the Department of Workforce Development. The bill establishes the work sharing benefit as equal to an affected employee's unemployment benefit reduced by a percentage equal to the percentage of the employee's normal weekly work hours that the employee works under the approved work sharing plan. Effective Date: July 1, 2022. Explanation of State Expenditures: Department of Workforce Development: DWD estimates that the cost to implement a work sharing unemployment insurance program would result in about $2.5 M in costs for the first year of implementation. This includes $1.5 M due to changes to the computer system, and $1 M for staffing costs. DWD estimates ongoing staffing costs to administer the program would total $1 M annually. The additional funds and resources required could be supplied through existing staff and resources currently being used in another program or with new appropriations. Ultimately, the source of funds and resources required to satisfy the requirements of this bill will depend on legislative and administrative actions. The bill meets the federal requirements for a short-time compensation (STC) program, making the program eligible for federal administrative grants made available in the CARES Act. The state would be eligible for $2,048,726 in federal grants, of which, one-third, $682,909, could be used for implementation or improved administration of the STC program, and two-thirds, $1,365,817 for promotion of the STC program and enrollment of employers in the program. The deadline to apply for these grants is December 31, 2023. DWD will incur administrative costs associated with the approval of work-sharing programs, changes to the HB 1215 1 unemployment insurance benefit calculation to accommodate the new program, and fraud detection. Costs in Indiana would depend upon the number of employers that submit work-sharing plans to DWD, as well as the increased number of employees who would receive partial unemployment benefits due to these plans. Unemployment Insurance Trust Fund: The bill should not impact the Unemployment Insurance Trust Fund. In a work-sharing program, the number of affected workers receiving benefits may increase. However, benefits are reduced by a percentage that is equivalent to the number of hours by which the employee’s normal work week is reduced. A federal evaluation of these programs demonstrated only negligible impacts to state trust funds as losses are typically offset by appropriately adjusted employer experience rates (which determines how much in State Unemployment Tax (SUTA) a given employer will pay). It is possible that negative impacts may be realized if employer participation in a program of this kind increases dramatically at the same time that SUTA tax increases and adjustments are constrained. Employers pay for unemployment insurance benefits through federal and state taxes. State Agencies: If state agencies as employers implemented a work-sharing program, as opposed to layoffs, the state would see additional fringe benefit costs. The impact on the state as an employer would likely be minimal. [This bill has the potential to impact all agencies as employers, thus impacting all funds that provide operating funds to agency staff.] Additional Information - Under this bill, an individual who works for an eligible employer (2 or more employees) for at least 16 months could receive up to 52 weeks of work-sharing benefits. Work-sharing programs allow eligible employers to avoid layoffs by reducing the hours of work for an entire group of affected employees. Work sharing allows the employer to maintain other employees on a full-time basis. Under work sharing, workers affected by reduced hours may have their wages compensated with a portion of their unemployment benefit. Twenty-seven states have STC programs in 2021. According to a 2016 Congressional Research Service report, STC payments represent a very small portion of overall unemployment benefit payments. STC payments peaked during the recession in 2010 at 3% of regular unemployment compensation first payments. Explanation of State Revenues: Explanation of Local Expenditures: The impact on local units of government would be as an employer. There will be some additional fringe benefit costs if local units decide to implement work sharing as opposed to layoffs. The impact on individual local units would likely be minimal. Explanation of Local Revenues: State Agencies Affected: All agencies as employers; Department of Workforce Development. Local Agencies Affected: All units as employers. Information Sources: Department of Workforce Development. 26 U.S. Code 3306(v). Congressional Research Service. (2016, November 1). Compensated Work Sharing Arrangements (Short-time Compensation) as an Alternative to Layoffs. https://sgp.fas.org/crs/misc/R40689.pdf HB 1215 2 U.S. Department of Labor Employment and Training Administration. (2012, June 18). Unemployment Insurance Program Letter No. 22-12. Short-Time Compensation Provisions in the Middle Class Tax Relief and Job Creation Act of 2012. https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=9382 U.S. Department of Labor Employment and Training Administration. (2020, May 10). Unemployment Insurance Program Letter No. 22-20. Coronovirus Aid, Relief, and Economic Security (CARES) Act of 2020 – Short-Time Compensation (STC) Program Grants. https://wdr.doleta.gov/directives/attach/UIPL/UIPL_22-20.pdf U.S. Department of Labor Employment and Training Administration. Short-Time Compensation Fact Sheet. https://oui.doleta.gov/unemploy/docs/stc_fact_sheet.pdf Fiscal Analyst: Camille Tesch, 317-232-5293. HB 1215 3