*SB0148.1*
January 19, 2024
SENATE BILL No. 148
_____
DIGEST OF SB 148 (Updated January 17, 2024 12:32 pm - DI 153)
Citations Affected: IC 2-5; IC 4-3; IC 4-12; IC 22-4; IC 22-4.1.
Synopsis: Workforce data collection. Requires employers to provide
an employee's current primary standardized occupational classification
code and starting compensation on the employee's withholding
allowance certificate or an equivalent form. Requires certain state
providers to deliver to the management performance hub a workforce
related program submission. Sets out the information to be included in
the workforce related program submission. Requires the management
performance hub to: (1) compile the workforce related program
submissions into an annual data product; and (2) make the data product
available to the department of workforce development and the
governor's workforce cabinet. Makes conforming amendments.
Effective: July 1, 2024.
Brown L, Rogers
January 8, 2024, read first time and referred to Committee on Pensions and Labor.
January 18, 2024, amended, reported favorably — Do Pass.
SB 148—LS 6503/DI 153 January 19, 2024
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE BILL No. 148
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and safety.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 2-5-42.4-1, AS ADDED BY P.L.174-2018,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 1. As used in this chapter, "workforce related
4 program" has the meaning set forth in IC 22-4.1-1-7. IC 22-4.1-1-7(a).
5 SECTION 2. IC 4-3-26-17 IS ADDED TO THE INDIANA CODE
6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
7 1, 2024]: Sec. 17. The MPH shall do the following before September
8 1 each year:
9 (1) Compile into a data product all submissions delivered to
10 the MPH under IC 22-4.1-24-3 for the twelve (12) month
11 period ending on the preceding March 31.
12 (2) Make the data product available to the department of
13 workforce development established by IC 22-4.1-2-1 and the
14 governor's workforce cabinet established by IC 4-3-27-3.
15 SECTION 3. IC 4-3-27-12, AS ADDED BY P.L.152-2018,
16 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2024]: Sec. 12. (a) As used in this section, "workforce related
SB 148—LS 6503/DI 153 2
1 program" has the meaning set forth in IC 22-4.1-1-7. IC 22-4.1-1-7(a).
2 (b) The governor, general assembly, and cabinet intend that each
3 workforce related program effectuates the purposes for which it was
4 enacted and that the cost of workforce related programs should be
5 included more readily in the biennial budgeting process.
6 (c) To provide the information needed to make informed policy
7 choices about the efficacy of each workforce related program, the
8 cabinet shall conduct a regular review, analysis, and evaluation of all
9 workforce related programs.
10 (d) The review, analysis, and evaluation must include information
11 about each workforce related program that is necessary to determine if
12 the goals of the workforce related program are being achieved, which
13 may include any of the following:
14 (1) The basic attributes and policy goals of the workforce related
15 program, including the statutory and programmatic goals of the
16 workforce related program, the original scope and purpose of the
17 workforce related program, and how the scope or purpose has
18 changed over time.
19 (2) The estimated cost to the state to administer the workforce
20 related program.
21 (3) The workforce related program's equity, simplicity,
22 competitiveness, public purpose, adequacy, and extent of
23 conformance with the original purposes of the legislation enacting
24 the workforce related program.
25 (4) The types of activities on which the workforce related
26 program is based and how effective the workforce related
27 program has been in promoting these targeted activities and in
28 assisting participants in the workforce related program.
29 (5) The count of the following:
30 (A) Participants that enter the workforce related program.
31 (B) Participants that complete the workforce related program.
32 (C) Providers of the workforce related program.
33 (6) The dollar amount allotted for the workforce related program
34 for the most recent state fiscal year.
35 (7) An estimate of the impact of the workforce related program,
36 including the following:
37 (A) A return on investment calculation for the workforce
38 related program. For purposes of this clause, "return on
39 investment calculation" means analyzing the cost to the state
40 of providing the workforce related program and analyzing the
41 benefits realized by the participants in the workforce related
42 program and to the state.
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1 (B) A cost-benefit comparison among workforce related
2 programs.
3 (C) An estimate of the number of jobs that were the direct
4 result of the workforce related program.
5 (D) For the workforce related program, a statement by the
6 chief executive officer of the state agency that administers the
7 workforce related program as to whether the statutory and
8 programmatic goals of the workforce related program are
9 being met, with obstacles to these goals identified, if possible.
10 (8) The methodology and assumptions used in carrying out the
11 reviews, analyses, and evaluations required under this section.
12 (9) An estimate of the extent to which benefits of the workforce
13 related program remained in Indiana or flowed outside Indiana.
14 (10) Whether the effectiveness of the workforce related program
15 could be determined more definitively if the general assembly
16 were to clarify or modify the workforce related program's goals
17 and intended purpose.
18 (11) Whether measuring the workforce related program's impact
19 is significantly limited due to data constraints and whether any
20 changes in statute would facilitate data collection in a way that
21 would allow for better review, analysis, or evaluation.
22 (12) An estimate of the indirect economic benefit or activity
23 stimulated by the workforce related program.
24 (13) Any additional review, analysis, or evaluation that the
25 cabinet considers advisable, including comparisons with
26 workforce related programs offered by other states if those
27 comparisons would add value to the review, analysis, and
28 evaluation.
29 (e) The cabinet may request a state official or a state agency or a
30 body corporate and politic to furnish information necessary to complete
31 the workforce related program review, analysis, and evaluation
32 required by this chapter. An official or entity presented with a request
33 from the cabinet under this section shall cooperate with the cabinet in
34 providing the requested information. An official or entity may require
35 that the cabinet adhere to the provider's rules, if any, that concern the
36 confidential nature of the information.
37 (f) The cabinet shall, before October 1 of each year, submit a report
38 to the governor, the legislative council in an electronic format under
39 IC 5-14-6, and the interim study committee on fiscal policy established
40 by IC 2-5-1.3-4 containing the results of the cabinet's review, analysis,
41 and evaluation under this chapter. The report must include at least the
42 following for each workforce related program reviewed:
SB 148—LS 6503/DI 153 4
1 (1) An explanation of the workforce related program.
2 (2) The history of the workforce related program.
3 (3) An estimate for each state fiscal year of the next biennial
4 budget of the cost of the workforce related program.
5 (4) A detailed description of the review, analysis, and evaluation
6 for the workforce related program.
7 (5) Information to be used by the governor and general assembly
8 to determine whether the workforce related program should be
9 continued, modified, or terminated, the basis for the
10 recommendation, and the expected impact of the
11 recommendation.
12 (6) Information to be used by the governor and general assembly
13 to better align the workforce related program with the original
14 intent of the legislation that enacted the workforce related
15 program. The report required by this section must not disclose any
16 proprietary or otherwise confidential information.
17 SECTION 4. IC 4-12-1-9, AS AMENDED BY P.L.201-2023,
18 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2024]: Sec. 9. (a) The budget agency shall assist the budget
20 committee in the preparation of the budget report and the budget bill,
21 using the recommendations and estimates prepared by the budget
22 agency and the information obtained through investigation and
23 presented at hearings. The budget committee shall consider the data,
24 information, recommendations and estimates before it and, to the
25 extent that there is agreement on items, matters, and amounts between
26 the budget agency and a majority of the members of the budget
27 committee, the committee shall organize and assemble a budget report
28 and a budget bill or budget bills. In the event the budget agency and a
29 majority of the members of the budget committee shall differ upon any
30 item, matter, or amount to be included in such report and bills, the
31 recommendation of the budget agency shall be included in the budget
32 bill or bills, and the particular item, matter, or amount, and the extent
33 of and reasons for the differences between the budget agency and the
34 budget committee shall be stated fully in the budget report. The budget
35 committee shall submit the budget report and the budget bill or bills to
36 the governor on or before:
37 (1) the second Monday of January in the year immediately
38 following the calendar year in which the budget report and budget
39 bill or bills are prepared, if the budget report and budget bill or
40 bills are prepared in a calendar year other than a calendar year in
41 which a gubernatorial election is held; or
42 (2) the third Monday of January, if the budget report and budget
SB 148—LS 6503/DI 153 5
1 bill or bills are prepared in the same calendar year in which a
2 gubernatorial election is held.
3 The governor shall deliver to the house members of the budget
4 committee such bill or bills for introduction into the house of
5 representatives.
6 (b) Whenever during the period beginning thirty (30) days prior to
7 a regular session of the general assembly the budget report and budget
8 bill or bills have been completed and printed and are available for
9 distribution, upon the request of a member of the general assembly an
10 informal distribution of one (1) copy of each such document shall be
11 made by the budget committee to such members. During business
12 hours, and as may be otherwise required during sessions of the general
13 assembly, the budget agency shall make available to the members of
14 the general assembly so much as they shall require of its accumulated
15 staff information, analyses and reports concerning the fiscal affairs of
16 the state and the current budget report and budget bill or bills.
17 (c) The budget report shall include at least the following parts:
18 (1) A statement of budget policy, including but not limited to
19 recommendations with reference to the fiscal policy of the state
20 for the coming budget period, and describing the important
21 features of the budget.
22 (2) A general budget summary setting forth the aggregate figures
23 of the budget to show the total proposed expenditures and the
24 total anticipated income, and the surplus or deficit.
25 (3) The detailed data on actual receipts and expenditures for the
26 previous fiscal year or two (2) fiscal years depending upon the
27 length of the budget period for which the budget bill or bills is
28 proposed, the estimated receipts and expenditures for the current
29 year, and for the ensuing budget period, and the anticipated
30 balances at the end of the current fiscal year and the ensuing
31 budget period. Such data shall be supplemented with necessary
32 explanatory schedules and statements, including a statement of
33 any differences between the recommendations of the budget
34 agency and of the budget committee.
35 (4) A description of the capital improvement program for the state
36 and an explanation of its relation to the budget.
37 (5) The budget bills.
38 (6) The tax expenditure report prepared by the legislative services
39 agency under IC 2-5-3.2-2.
40 (7) For each appropriation in the governor's recommended budget
41 bill that is made to a state provider, as defined in IC 22-4.1-1-5.5,
42 for a workforce related program, as defined in IC 22-4.1-1-7,
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1 IC 22-4.1-1-7(a), a summary and justification for the workforce
2 related program.
3 (d) The budget report shall cover and include all special and
4 dedicated revenue funds as well as the general revenue fund and shall
5 include the estimated amounts of federal aids, for whatever purpose
6 provided, together with estimated expenditures therefrom.
7 (e) The budget agency shall furnish the governor with any further
8 information required concerning the budget, and upon request shall
9 attend hearings of committees of the general assembly on the budget
10 bills.
11 SECTION 5. IC 22-4-10-8, AS AMENDED BY P.L.183-2017,
12 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2024]: Sec. 8. (a) This section applies only to an employer
14 who employs individuals within the state.
15 (b) As used in this section, "date of hire" is:
16 (1) the first date that an employee provides labor or services to an
17 employer; or
18 (2) the first date that an employee resumes providing labor or
19 services to an employer after a separation from service with the
20 employer of at least sixty (60) days.
21 (c) As used in this section, "employee":
22 (1) has the meaning set forth in Section 3401(c) of the Internal
23 Revenue Code; and
24 (2) includes any individual:
25 (A) required under Internal Revenue Service regulations to
26 complete a federal form W-4; and
27 (B) who has provided services to an employer.
28 The term does not include an employee of a federal or state agency who
29 performs intelligence or counter intelligence functions if the head of
30 the agency determines that the reporting information required under
31 this section could endanger the safety of the employee or compromise
32 an ongoing investigation or intelligence mission.
33 (d) As used in this section, "employer" has the meaning set forth in
34 Section 3401(d) of the Internal Revenue Code. The term includes:
35 (1) governmental agencies;
36 (2) labor organizations; or
37 (3) a person doing business in the state as identified by:
38 (A) the person's federal employer identification number; or
39 (B) if applicable, the common paymaster, as defined in Section
40 3121 of the Internal Revenue Code or the payroll reporting
41 agent of the employer, as described in IRS Rev. Proc. 70-6,
42 1970-1 C.B. 420.
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1 (e) As used in this section, "Internal Revenue Code" has the
2 meaning set forth in IC 6-3-1-11.
3 (f) As used in this section, "labor organization" has the meaning set
4 forth in 42 U.S.C. 653a(a)(2)(B)(ii).
5 (g) As used in this section, "newly hired employee" means an
6 employee who:
7 (1) has not previously been employed by an employer; or
8 (2) resumes service with an employer after a separation from
9 service of at least sixty (60) days.
10 (h) The department shall maintain a directory of new hires as
11 required under 42 U.S.C. 653a.
12 (i) The directory under subsection (h) must contain the information
13 for each newly hired employee that an employer must provide to the
14 department under subsection (l).
15 (j) An employer must transmit the information required under
16 subsection (l):
17 (1) within twenty (20) business days of the employee's date of
18 hire; or
19 (2) if the information is transmitted magnetically or electronically,
20 in two (2) monthly transactions that are:
21 (A) not less than twelve (12) days apart; and
22 (B) not more than sixteen (16) days apart.
23 (k) A report containing the information required under subsection
24 (l) is considered timely:
25 (1) if it is postmarked on or before the due date, whenever the
26 report is mailed; or
27 (2) if it is received on or before the due date, whenever the report
28 is transmitted by:
29 (A) facsimile machine; or
30 (B) electronic or magnetic media.
31 (l) The employer shall provide the information required under this
32 section on an employee's withholding allowance certificate (Internal
33 Revenue Service form W-4) or, at the employer's option, an equivalent
34 form. The report must include at least the following:
35 (1) The name, address, and Social Security number of the
36 employee.
37 (2) The name, address, and federal tax identification number of
38 the employer.
39 (3) The date of hire of the employee.
40 (4) The current primary standardized occupational
41 classification code of the employee.
42 (5) The starting compensation of the employee.
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1 (m) An employer that has employees in two (2) or more states and
2 that transmits reports under this section electronically or magnetically
3 may comply with this section by doing the following:
4 (1) Designating one (1) state to receive each report.
5 (2) Notifying the Secretary of the United States Department of
6 Health and Human Services which state will receive the reports.
7 (3) Transmitting the reports to the agency in the designated state
8 that is charged with receiving the reports.
9 (n) The department may impose the following as a civil penalty:
10 (1) Twenty-five dollars ($25) on an employer that fails to comply
11 with this section.
12 (2) Five hundred dollars ($500) on an employer that fails to
13 comply with this section if the failure is a result of a conspiracy
14 between the employer and the employee to:
15 (A) not provide the required report; or
16 (B) provide a false or an incomplete report.
17 (o) The department shall do the following with information received
18 from an employer regarding newly hired employees:
19 (1) Enter the information into the state's directory of new hires
20 within five (5) business days of receipt.
21 (2) Forward the information to the national directory of new hires
22 not later than three (3) business days after the information is
23 entered into the state's directory.
24 The state shall use quality control standards established by the
25 administrators of the national directory of new hires.
26 (p) The information contained in the directory maintained under
27 subsection (h) is available only for use by the department for purposes
28 required by 42 U.S.C. 653a, unless otherwise provided by law.
29 (q) The department of child services (established under
30 IC 31-25-1-1) shall:
31 (1) reimburse the department for a pro rata share of the costs
32 incurred in carrying out this section using a cost allocation
33 method described in 45 CFR 75.405; and
34 (2) enter into a purchase of service agreement with the
35 department that establishes procedures necessary to administer
36 this section.
37 SECTION 6. IC 22-4.1-1-7, AS ADDED BY P.L.230-2017,
38 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2024]: Sec. 7. (a) Except as provided in subsection (b),
40 "workforce related program" means a program operated, delivered, or
41 enabled, in whole or in part, by a state provider using public funds to
42 offer incentives, funding, support, or guidance for any of the following
SB 148—LS 6503/DI 153 9
1 purposes:
2 (1) Job training.
3 (2) The attainment of an industry recognized certification or
4 credential.
5 (3) The attainment of a postsecondary degree, certificate, or
6 credential.
7 (4) The provision of other types of employment assistance.
8 (5) The promotion of Indiana to workers or the provision of
9 assistance to a worker relocating to Indiana for employment.
10 (6) Any other program that:
11 (A) has, at least in part, the goal of securing employment or
12 better employment for an individual; and
13 (B) receives funding through WIOA or a state appropriation.
14 (b) For purposes of IC 22-4.1-24-3, "workforce related
15 program" means a program offering incentives, funding, support,
16 or guidance for any of the following purposes:
17 (1) Job training.
18 (2) The attainment of an industry recognized certification or
19 credential.
20 (3) The attainment of a postsecondary degree, certificate, or
21 credential.
22 (4) The provision of other types of employment assistance.
23 (5) The promotion of Indiana to workers or the provision of
24 assistance to a worker relocating to Indiana for employment.
25 (6) Any other program that:
26 (A) has, at least in part, the goal of securing employment
27 or better employment for an individual; and
28 (B) receives funding through WIOA or a state
29 appropriation.
30 SECTION 7. IC 22-4.1-24-3 IS ADDED TO THE INDIANA CODE
31 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
32 1, 2024]: Sec. 3. (a) This section applies to the following:
33 (1) A state provider that receives state funds to operate,
34 deliver, or enable, in whole or part, a workforce related
35 program.
36 (2) A state provider that receives federal funds to operate,
37 deliver, or enable, in whole or part, a workforce related
38 program overseen by any of the following:
39 (A) The department.
40 (B) The department of education established by
41 IC 20-19-3-1.
42 (C) The commission for higher education established by
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1 IC 21-18-2-1.
2 (D) The governor's workforce cabinet established by
3 IC 4-3-27-3.
4 (E) The office of the secretary of family and social services
5 established by IC 12-8-1.5-1.
6 (F) Another state agency identified by the department.
7 (b) As used in this section, "management performance hub"
8 refers to the management performance hub established by
9 IC 4-3-26-8.
10 (c) Beginning July 1, 2025, a state provider shall, on July 1 of
11 each year, deliver to the management performance hub a
12 workforce related program submission.
13 (d) The submission described in subsection (c) must contain the
14 following information regarding all individuals who have
15 participated in a workforce related program that was operated,
16 delivered, or enabled by the state provider during the twelve (12)
17 month period ending on the preceding March 31:
18 (1) The individual's name, Social Security number, and date
19 of birth.
20 (2) The name of the program in which the individual enrolled.
21 (3) The date the individual began the program.
22 (4) The date the individual completed the program, or if the
23 individual failed to complete the program, the date the
24 individual exited the program.
25 (5) Any certificate or credential the individual earned through
26 participation in the program.
27 (6) Any other relevant information specifically requested by
28 the department or the governor's workforce cabinet not later
29 than April 1 of each year.
30 (e) A state provider shall deliver a submission described in
31 subsection (d) in a secure manner, as determined by the
32 management performance hub.
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COMMITTEE REPORT
Madam President: The Senate Committee on Pensions and Labor,
to which was referred Senate Bill No. 148, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
Page 7, line 40, after "current" insert "primary".
and when so amended that said bill do pass.
(Reference is to SB 148 as introduced.)
DORIOT
Committee Vote: Yeas 9, Nays 0.
SB 148—LS 6503/DI 153