Indiana 2024 Regular Session

Indiana Senate Bill SB0148 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0148.2
	2	+	Reprinted
	3	+	February 29, 2024
	4	+	ENGROSSED
	5	+	SENATE BILL No. 148
	6	+	_____
	7	+	DIGEST OF SB 148 (Updated February 28, 2024 2:14 pm - DI 141)
	8	+	Citations Affected: IC 2-5; IC 4-3; IC 4-12; IC 12-11; IC 22-4;
	9	+	IC 22-4.1.
	10	+	Synopsis: Workforce data collection. Requires the division of
	11	+	disability and rehabilitative services (division), beginning 12 months
	12	+	(Continued next page)
	13	+	Effective: July 1, 2024.
	14	+	Brown L, Rogers,
	15	+	Randolph Lonnie M
	16	+	(HOUSE SPONSORS — CARBAUGH, BEHNING)
	17	+	January 8, 2024, read first time and referred to Committee on Pensions and Labor.
	18	+	January 18, 2024, amended, reported favorably — Do Pass.
	19	+	January 29, 2024, read second time, amended, ordered engrossed.
	20	+	January 30, 2024, engrossed. Read third time, passed. Yeas 49, nays 0.
	21	+	HOUSE ACTION
	22	+	February 6, 2024, read first time and referred to Committee on Employment, Labor and
	23	+	Pensions.
	24	+	February 22, 2024, amended, reported — Do Pass.
	25	+	February 28, 2024, read second time, amended, ordered engrossed.
	26	+	ES 148—LS 6503/DI 153 Digest Continued
	27	+	after the direct support professional registry is implemented, to post
	28	+	monthly on the division's website the total number of individuals
	29	+	registered under the registry. Requires the division to present
	30	+	information concerning the total number of individuals registered to the
	31	+	division of disability and rehabilitative services advisory council at
	32	+	least quarterly. Requires reports of newly hired employees to be filed
	33	+	electronically. Requires employers to provide an employee's current
	34	+	primary standardized occupational classification code and starting
	35	+	compensation on a report of a newly hired employee. Provides that
	36	+	each workforce focused agency shall deliver a workforce related
	37	+	program report to the management performance hub. Requires the
	38	+	management performance hub to: (1) compile the workforce related
	39	+	program reports into an annual data product; and (2) make the data
	40	+	product available to each workforce focused agency. Makes
	41	+	conforming amendments.
	42	+	ES 148—LS 6503/DI 153ES 148—LS 6503/DI 153 Reprinted
	43	+	February 29, 2024
1	44		Second Regular Session of the 123rd General Assembly (2024)
2	45		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	46		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	47		additions will appear in this style type, and deletions will appear in this style type.
5	48		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	49		provision adopted), the text of the new provision will appear in this style type. Also, the
7	50		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	51		a new provision to the Indiana Code or the Indiana Constitution.
9	52		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	53		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 148
12		-	AN ACT to amend the Indiana Code concerning labor and safety.
	54	+	ENGROSSED
	55	+	SENATE BILL No. 148
	56	+	A BILL FOR AN ACT to amend the Indiana Code concerning labor
	57	+	and safety.
13	58		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 2-5-42.4-1, AS ADDED BY P.L.174-2018,
15		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16		-	JULY 1, 2024]: Sec. 1. As used in this chapter, "workforce related
17		-	program" has the meaning set forth in IC 22-4.1-1-7. IC 22-4.1-1-7(a).
18		-	SECTION 2. IC 4-3-26-17 IS ADDED TO THE INDIANA CODE
	59	+	1 SECTION 1. IC 2-5-42.4-1, AS ADDED BY P.L.174-2018,
	60	+	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	61	+	3 JULY 1, 2024]: Sec. 1. As used in this chapter, "workforce related
	62	+	4 program" has the meaning set forth in IC 22-4.1-1-7. IC 22-4.1-1-7(a).
	63	+	5 SECTION 2. IC 4-3-26-17 IS ADDED TO THE INDIANA CODE
	64	+	6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	65	+	7 1, 2024]: Sec. 17. The MPH shall do the following before September
	66	+	8 1 each year:
	67	+	9 (1) Compile into a data product all reports delivered to the
	68	+	10 MPH under IC 22-4.1-24-3 for the twelve (12) month period
	69	+	11 ending on the preceding March 31.
	70	+	12 (2) Make the data product available to each workforce
	71	+	13 focused agency (as defined in IC 22-4.1-1-6.5).
	72	+	14 SECTION 3. IC 4-3-27-12, AS ADDED BY P.L.152-2018,
	73	+	15 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	74	+	16 JULY 1, 2024]: Sec. 12. (a) As used in this section, "workforce related
	75	+	17 program" has the meaning set forth in IC 22-4.1-1-7. IC 22-4.1-1-7(a).
	76	+	ES 148—LS 6503/DI 153 2
	77	+	1 (b) The governor, general assembly, and cabinet intend that each
	78	+	2 workforce related program effectuates the purposes for which it was
	79	+	3 enacted and that the cost of workforce related programs should be
	80	+	4 included more readily in the biennial budgeting process.
	81	+	5 (c) To provide the information needed to make informed policy
	82	+	6 choices about the efficacy of each workforce related program, the
	83	+	7 cabinet shall conduct a regular review, analysis, and evaluation of all
	84	+	8 workforce related programs.
	85	+	9 (d) The review, analysis, and evaluation must include information
	86	+	10 about each workforce related program that is necessary to determine if
	87	+	11 the goals of the workforce related program are being achieved, which
	88	+	12 may include any of the following:
	89	+	13 (1) The basic attributes and policy goals of the workforce related
	90	+	14 program, including the statutory and programmatic goals of the
	91	+	15 workforce related program, the original scope and purpose of the
	92	+	16 workforce related program, and how the scope or purpose has
	93	+	17 changed over time.
	94	+	18 (2) The estimated cost to the state to administer the workforce
	95	+	19 related program.
	96	+	20 (3) The workforce related program's equity, simplicity,
	97	+	21 competitiveness, public purpose, adequacy, and extent of
	98	+	22 conformance with the original purposes of the legislation enacting
	99	+	23 the workforce related program.
	100	+	24 (4) The types of activities on which the workforce related
	101	+	25 program is based and how effective the workforce related
	102	+	26 program has been in promoting these targeted activities and in
	103	+	27 assisting participants in the workforce related program.
	104	+	28 (5) The count of the following:
	105	+	29 (A) Participants that enter the workforce related program.
	106	+	30 (B) Participants that complete the workforce related program.
	107	+	31 (C) Providers of the workforce related program.
	108	+	32 (6) The dollar amount allotted for the workforce related program
	109	+	33 for the most recent state fiscal year.
	110	+	34 (7) An estimate of the impact of the workforce related program,
	111	+	35 including the following:
	112	+	36 (A) A return on investment calculation for the workforce
	113	+	37 related program. For purposes of this clause, "return on
	114	+	38 investment calculation" means analyzing the cost to the state
	115	+	39 of providing the workforce related program and analyzing the
	116	+	40 benefits realized by the participants in the workforce related
	117	+	41 program and to the state.
	118	+	42 (B) A cost-benefit comparison among workforce related
	119	+	ES 148—LS 6503/DI 153 3
	120	+	1 programs.
	121	+	2 (C) An estimate of the number of jobs that were the direct
	122	+	3 result of the workforce related program.
	123	+	4 (D) For the workforce related program, a statement by the
	124	+	5 chief executive officer of the state agency that administers the
	125	+	6 workforce related program as to whether the statutory and
	126	+	7 programmatic goals of the workforce related program are
	127	+	8 being met, with obstacles to these goals identified, if possible.
	128	+	9 (8) The methodology and assumptions used in carrying out the
	129	+	10 reviews, analyses, and evaluations required under this section.
	130	+	11 (9) An estimate of the extent to which benefits of the workforce
	131	+	12 related program remained in Indiana or flowed outside Indiana.
	132	+	13 (10) Whether the effectiveness of the workforce related program
	133	+	14 could be determined more definitively if the general assembly
	134	+	15 were to clarify or modify the workforce related program's goals
	135	+	16 and intended purpose.
	136	+	17 (11) Whether measuring the workforce related program's impact
	137	+	18 is significantly limited due to data constraints and whether any
	138	+	19 changes in statute would facilitate data collection in a way that
	139	+	20 would allow for better review, analysis, or evaluation.
	140	+	21 (12) An estimate of the indirect economic benefit or activity
	141	+	22 stimulated by the workforce related program.
	142	+	23 (13) Any additional review, analysis, or evaluation that the
	143	+	24 cabinet considers advisable, including comparisons with
	144	+	25 workforce related programs offered by other states if those
	145	+	26 comparisons would add value to the review, analysis, and
	146	+	27 evaluation.
	147	+	28 (e) The cabinet may request a state official or a state agency or a
	148	+	29 body corporate and politic to furnish information necessary to complete
	149	+	30 the workforce related program review, analysis, and evaluation
	150	+	31 required by this chapter. An official or entity presented with a request
	151	+	32 from the cabinet under this section shall cooperate with the cabinet in
	152	+	33 providing the requested information. An official or entity may require
	153	+	34 that the cabinet adhere to the provider's rules, if any, that concern the
	154	+	35 confidential nature of the information.
	155	+	36 (f) The cabinet shall, before October 1 of each year, submit a report
	156	+	37 to the governor, the legislative council in an electronic format under
	157	+	38 IC 5-14-6, and the interim study committee on fiscal policy established
	158	+	39 by IC 2-5-1.3-4 containing the results of the cabinet's review, analysis,
	159	+	40 and evaluation under this chapter. The report must include at least the
	160	+	41 following for each workforce related program reviewed:
	161	+	42 (1) An explanation of the workforce related program.
	162	+	ES 148—LS 6503/DI 153 4
	163	+	1 (2) The history of the workforce related program.
	164	+	2 (3) An estimate for each state fiscal year of the next biennial
	165	+	3 budget of the cost of the workforce related program.
	166	+	4 (4) A detailed description of the review, analysis, and evaluation
	167	+	5 for the workforce related program.
	168	+	6 (5) Information to be used by the governor and general assembly
	169	+	7 to determine whether the workforce related program should be
	170	+	8 continued, modified, or terminated, the basis for the
	171	+	9 recommendation, and the expected impact of the
	172	+	10 recommendation.
	173	+	11 (6) Information to be used by the governor and general assembly
	174	+	12 to better align the workforce related program with the original
	175	+	13 intent of the legislation that enacted the workforce related
	176	+	14 program. The report required by this section must not disclose any
	177	+	15 proprietary or otherwise confidential information.
	178	+	16 SECTION 4. IC 4-12-1-9, AS AMENDED BY P.L.201-2023,
	179	+	17 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	180	+	18 JULY 1, 2024]: Sec. 9. (a) The budget agency shall assist the budget
	181	+	19 committee in the preparation of the budget report and the budget bill,
	182	+	20 using the recommendations and estimates prepared by the budget
	183	+	21 agency and the information obtained through investigation and
	184	+	22 presented at hearings. The budget committee shall consider the data,
	185	+	23 information, recommendations and estimates before it and, to the
	186	+	24 extent that there is agreement on items, matters, and amounts between
	187	+	25 the budget agency and a majority of the members of the budget
	188	+	26 committee, the committee shall organize and assemble a budget report
	189	+	27 and a budget bill or budget bills. In the event the budget agency and a
	190	+	28 majority of the members of the budget committee shall differ upon any
	191	+	29 item, matter, or amount to be included in such report and bills, the
	192	+	30 recommendation of the budget agency shall be included in the budget
	193	+	31 bill or bills, and the particular item, matter, or amount, and the extent
	194	+	32 of and reasons for the differences between the budget agency and the
	195	+	33 budget committee shall be stated fully in the budget report. The budget
	196	+	34 committee shall submit the budget report and the budget bill or bills to
	197	+	35 the governor on or before:
	198	+	36 (1) the second Monday of January in the year immediately
	199	+	37 following the calendar year in which the budget report and budget
	200	+	38 bill or bills are prepared, if the budget report and budget bill or
	201	+	39 bills are prepared in a calendar year other than a calendar year in
	202	+	40 which a gubernatorial election is held; or
	203	+	41 (2) the third Monday of January, if the budget report and budget
	204	+	42 bill or bills are prepared in the same calendar year in which a
	205	+	ES 148—LS 6503/DI 153 5
	206	+	1 gubernatorial election is held.
	207	+	2 The governor shall deliver to the house members of the budget
	208	+	3 committee such bill or bills for introduction into the house of
	209	+	4 representatives.
	210	+	5 (b) Whenever during the period beginning thirty (30) days prior to
	211	+	6 a regular session of the general assembly the budget report and budget
	212	+	7 bill or bills have been completed and printed and are available for
	213	+	8 distribution, upon the request of a member of the general assembly an
	214	+	9 informal distribution of one (1) copy of each such document shall be
	215	+	10 made by the budget committee to such members. During business
	216	+	11 hours, and as may be otherwise required during sessions of the general
	217	+	12 assembly, the budget agency shall make available to the members of
	218	+	13 the general assembly so much as they shall require of its accumulated
	219	+	14 staff information, analyses and reports concerning the fiscal affairs of
	220	+	15 the state and the current budget report and budget bill or bills.
	221	+	16 (c) The budget report shall include at least the following parts:
	222	+	17 (1) A statement of budget policy, including but not limited to
	223	+	18 recommendations with reference to the fiscal policy of the state
	224	+	19 for the coming budget period, and describing the important
	225	+	20 features of the budget.
	226	+	21 (2) A general budget summary setting forth the aggregate figures
	227	+	22 of the budget to show the total proposed expenditures and the
	228	+	23 total anticipated income, and the surplus or deficit.
	229	+	24 (3) The detailed data on actual receipts and expenditures for the
	230	+	25 previous fiscal year or two (2) fiscal years depending upon the
	231	+	26 length of the budget period for which the budget bill or bills is
	232	+	27 proposed, the estimated receipts and expenditures for the current
	233	+	28 year, and for the ensuing budget period, and the anticipated
	234	+	29 balances at the end of the current fiscal year and the ensuing
	235	+	30 budget period. Such data shall be supplemented with necessary
	236	+	31 explanatory schedules and statements, including a statement of
	237	+	32 any differences between the recommendations of the budget
	238	+	33 agency and of the budget committee.
	239	+	34 (4) A description of the capital improvement program for the state
	240	+	35 and an explanation of its relation to the budget.
	241	+	36 (5) The budget bills.
	242	+	37 (6) The tax expenditure report prepared by the legislative services
	243	+	38 agency under IC 2-5-3.2-2.
	244	+	39 (7) For each appropriation in the governor's recommended budget
	245	+	40 bill that is made to a state provider, as defined in IC 22-4.1-1-5.5,
	246	+	41 for a workforce related program, as defined in IC 22-4.1-1-7,
	247	+	42 IC 22-4.1-1-7(a), a summary and justification for the workforce
	248	+	ES 148—LS 6503/DI 153 6
	249	+	1 related program.
	250	+	2 (d) The budget report shall cover and include all special and
	251	+	3 dedicated revenue funds as well as the general revenue fund and shall
	252	+	4 include the estimated amounts of federal aids, for whatever purpose
	253	+	5 provided, together with estimated expenditures therefrom.
	254	+	6 (e) The budget agency shall furnish the governor with any further
	255	+	7 information required concerning the budget, and upon request shall
	256	+	8 attend hearings of committees of the general assembly on the budget
	257	+	9 bills.
	258	+	10 SECTION 5. IC 12-11-16-2, AS ADDED BY P.L.228-2023,
	259	+	11 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	260	+	12 JULY 1, 2024]: Sec. 2. (a) The division shall establish and maintain a
	261	+	13 direct support professional registry to be made available to authorized
	262	+	14 division personnel and authorized service providers. The registry must:
	263	+	15 (1) include a list of direct support professionals who have
	264	+	16 registered with the division in the manner required by the
	265	+	17 division; and
	266	+	18 (2) contain any substantiated incidents for abuse, neglect, and
	267	+	19 exploitation that meet the criteria established according to
	268	+	20 subsection (d), as determined by the division for a direct support
	269	+	21 professional included on the registry.
	270	+	22 (b) The division shall establish the following:
	271	+	23 (1) An application to be used for an individual to register for the
	272	+	24 registry and renew the registration for the registry.
	273	+	25 (2) An appeals process as provided in IC 4-21.5 concerning an
	274	+	26 incident involving a direct support professional in which the
	275	+	27 division has determined the incident meets the criteria established
	276	+	28 according to subsection (d).
	277	+	29 (c) Beginning January 1, 2026, and thereafter, an individual may not
	278	+	30 provide direct support services as a direct support professional in
	279	+	31 Indiana unless the individual is registered by the division for the
	280	+	32 registry under this chapter.
	281	+	33 (d) The division shall adopt rules under IC 4-22-2 necessary to
	282	+	34 implement the registry, including the establishment of definitions and
	283	+	35 levels for substantiated abuse, neglect, and exploitation, the highest of
	284	+	36 which is the minimum the division must report to the registry.
	285	+	37 (e) The division shall report to the registry a substantiated incident
	286	+	38 that meets the criteria established according to subsection (d).
	287	+	39 (f) An employee of the division who reports a substantiated incident
	288	+	40 that meets the criteria established according to subsection (d) to the
	289	+	41 registry in good faith is not subject to liability in:
	290	+	42 (1) a civil;
	291	+	ES 148—LS 6503/DI 153 7
	292	+	1 (2) an administrative;
	293	+	2 (3) a disciplinary; or
	294	+	3 (4) a criminal;
	295	+	4 action that might otherwise be imposed for reporting the information.
	296	+	5 (g) Beginning twelve (12) months after the registry is
	297	+	6 implemented, the division shall post monthly on the division's
	298	+	7 website the total number of individuals registered under the
	299	+	8 registry.
	300	+	9 (h) The division shall present the information required to be
	301	+	10 posted under subsection (g) to the division of disability and
	302	+	11 rehabilitative services advisory council at least quarterly.
	303	+	12 SECTION 6. IC 22-4-10-8, AS AMENDED BY P.L.183-2017,
	304	+	13 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	305	+	14 JULY 1, 2024]: Sec. 8. (a) This section applies only to an employer
	306	+	15 who employs individuals within the state.
	307	+	16 (b) As used in this section, "date of hire" is: "newly hired
	308	+	17 employee" means an employee who:
	309	+	18 (1) the first date that an employee provides labor or services to an
	310	+	19 employer; or
	311	+	20 (2) the first date that an employee resumes providing labor or
	312	+	21 services to an employer after a separation from service with the
	313	+	22 employer of at least sixty (60) days.
	314	+	23 (1) has not previously been employed by the employer; or
	315	+	24 (2) was previously employed by the employer but has been
	316	+	25 separated from such prior employment for at least sixty (60)
	317	+	26 consecutive days.
	318	+	27 (c) As used in this section, "employee":
	319	+	28 (1) has the meaning set forth in Section 3401(c) of the Internal
	320	+	29 Revenue Code; and
	321	+	30 (2) includes any individual:
	322	+	31 (A) required under Internal Revenue Service regulations to
	323	+	32 complete a federal form W-4; and
	324	+	33 (B) who has provided services to an employer.
	325	+	34 The term does not include an employee of a federal or state agency who
	326	+	35 performs intelligence or counter intelligence functions if the head of
	327	+	36 the agency determines that the reporting information required under
	328	+	37 this section could endanger the safety of the employee or compromise
	329	+	38 an ongoing investigation or intelligence mission.
	330	+	39 (2) does not include an employee of a federal or state agency
	331	+	40 who performs intelligence or counter intelligence functions if
	332	+	41 the head of the agency determines that the reporting
	333	+	42 information required under this section could endanger the
	334	+	ES 148—LS 6503/DI 153 8
	335	+	1 safety of the employee or compromise an ongoing
	336	+	2 investigation or intelligence mission.
	337	+	3 (d) As used in this section, "employer" has the meaning set forth in
	338	+	4 Section 3401(d) of the Internal Revenue Code. The term includes:
	339	+	5 (1) governmental agencies;
	340	+	6 (2) labor organizations; or
	341	+	7 (3) a person doing business in the state as identified by:
	342	+	8 (A) the person's federal employer identification number; or
	343	+	9 (B) if applicable, the common paymaster, as defined in Section
	344	+	10 3121 of the Internal Revenue Code or the payroll reporting
	345	+	11 agent of the employer, as described in IRS Rev. Proc. 70-6,
	346	+	12 1970-1 C.B. 420.
	347	+	13 (e) As used in this section, "Internal Revenue Code" has the
	348	+	14 meaning set forth in IC 6-3-1-11.
	349	+	15 (f) (e) As used in this section, "labor organization" has the meaning
	350	+	16 set forth in 42 U.S.C. 653a(a)(2)(B)(ii).
	351	+	17 (g) As used in this section, "newly hired employee" means an
	352	+	18 employee who:
	353	+	19 (1) has not previously been employed by an employer; or
	354	+	20 (2) resumes service with an employer after a separation from
	355	+	21 service of at least sixty (60) days.
	356	+	22 (h) (f) The department shall maintain a directory of new hires as
	357	+	23 required under 42 U.S.C. 653a.
	358	+	24 (i) (g) The directory under subsection (h) (f) must contain the
	359	+	25 information for each newly hired employee that an employer must
	360	+	26 provide to the department under subsection (l). (i).
	361	+	27 (j) (h) An employer must transmit the information required under
	362	+	28 subsection (l): (i)
	363	+	29 (1) within twenty (20) business days of the employee's date of
	364	+	30 hire. or
	365	+	31 (2) if the information is transmitted magnetically or electronically,
	366	+	32 in two (2) monthly transactions that are:
	367	+	33 (A) not less than twelve (12) days apart; and
	368	+	34 (B) not more than sixteen (16) days apart.
	369	+	35 (k) A report containing the information required under subsection
	370	+	36 (l) is considered timely:
	371	+	37 (1) if it is postmarked on or before the due date, whenever the
	372	+	38 report is mailed; or
	373	+	39 (2) if it is received on or before the due date, whenever the report
	374	+	40 is transmitted by:
	375	+	41 (A) facsimile machine; or
	376	+	42 (B) electronic or magnetic media.
	377	+	ES 148—LS 6503/DI 153 9
	378	+	1 (l) (i) The employer shall provide the following information
	379	+	2 required under this section on an employee's withholding allowance
	380	+	3 certificate (Internal Revenue Service form W-4) or, at the employer's
	381	+	4 option, an equivalent form. The report must include at least the
	382	+	5 following: for a newly hired employee to the department
	383	+	6 electronically, in a manner prescribed by the department:
	384	+	7 (1) The name, address, and Social Security number of the
	385	+	8 employee.
	386	+	9 (2) The name, address, and federal tax identification number of
	387	+	10 the employer.
	388	+	11 (3) The date of hire of the employee. services for remuneration
	389	+	12 were first performed by the employee.
	390	+	13 (4) The current primary standardized occupational
	391	+	14 classification code of the employee.
	392	+	15 (5) The starting compensation of the employee.
	393	+	16 (m) (j) An employer that has employees in two (2) or more states
	394	+	17 and that transmits reports under this section electronically or
	395	+	18 magnetically may comply with this section by doing the following:
	396	+	19 (1) Designating one (1) state to receive each report.
	397	+	20 (2) Notifying the Secretary of the United States Department of
	398	+	21 Health and Human Services which state will receive the reports.
	399	+	22 (3) Transmitting the reports to the agency in the designated state
	400	+	23 that is charged with receiving the reports.
	401	+	24 (n) (k) The department may impose the following as a civil penalty:
	402	+	25 (1) Twenty-five dollars ($25) on an employer that fails to comply
	403	+	26 with this section.
	404	+	27 (2) Five hundred dollars ($500) on an employer that fails to
	405	+	28 comply with this section if the failure is a result of a conspiracy
	406	+	29 between the employer and the employee to:
	407	+	30 (A) not provide the required report; or
	408	+	31 (B) provide a false or an incomplete report.
	409	+	32 (o) The department shall do the following with information received
	410	+	33 from an employer regarding newly hired employees:
	411	+	34 (1) Enter the information into the state's directory of new hires
	412	+	35 within five (5) business days of receipt.
	413	+	36 (2) Forward the information to the national directory of new hires
	414	+	37 not later than three (3) business days after the information is
	415	+	38 entered into the state's directory.
	416	+	39 The state shall use quality control standards established by the
	417	+	40 administrators of the national directory of new hires.
	418	+	41 (p) (l) The information contained in the directory maintained under
	419	+	42 subsection (h) (f) is available only for use by the department for
	420	+	ES 148—LS 6503/DI 153 10
	421	+	1 purposes required by 42 U.S.C. 653a, unless otherwise provided by
	422	+	2 law. for use by the department in a manner consistent with state
	423	+	3 and federal law.
	424	+	4 (q) (m) The department of child services (established under
	425	+	5 IC 31-25-1-1) shall:
	426	+	6 (1) reimburse the department for a pro rata share of the costs
	427	+	7 incurred in carrying out this section using a cost allocation
	428	+	8 method described in 45 CFR 75.405; and
	429	+	9 (2) enter into a purchase of service agreement with the
	430	+	10 department that establishes procedures necessary to administer
	431	+	11 this section.
	432	+	12 SECTION 7. IC 22-4.1-1-6.5 IS ADDED TO THE INDIANA
	433	+	13 CODE AS A NEW SECTION TO READ AS FOLLOWS
	434	+	14 [EFFECTIVE JULY 1, 2024]: Sec. 6.5. "Workforce focused agency"
	435	+	15 means the following:
	436	+	16 (1) The department.
	437	+	17 (2) The department of education established by IC 20-19-3-1.
	438	+	18 (3) The commission for higher education established by
	439	+	19 IC 21-18-2-1.
	440	+	20 (4) The governor's workforce cabinet established by
	441	+	21 IC 4-3-27-3.
	442	+	22 (5) The office of the secretary of family and social services
	443	+	23 established by IC 12-8-1.5-1.
	444	+	24 SECTION 8. IC 22-4.1-1-7, AS ADDED BY P.L.230-2017,
	445	+	25 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	446	+	26 JULY 1, 2024]: Sec. 7. (a) Except as provided in subsection (b),
	447	+	27 "workforce related program" means a program operated, delivered, or
	448	+	28 enabled, in whole or in part, by a state provider using public funds to
	449	+	29 offer incentives, funding, support, or guidance for any of the following
	450	+	30 purposes:
	451	+	31 (1) Job training.
	452	+	32 (2) The attainment of an industry recognized certification or
	453	+	33 credential.
	454	+	34 (3) The attainment of a postsecondary degree, certificate, or
	455	+	35 credential.
	456	+	36 (4) The provision of other types of employment assistance.
	457	+	37 (5) The promotion of Indiana to workers or the provision of
	458	+	38 assistance to a worker relocating to Indiana for employment.
	459	+	39 (6) Any other program that:
	460	+	40 (A) has, at least in part, the goal of securing employment or
	461	+	41 better employment for an individual; and
	462	+	42 (B) receives funding through WIOA or a state appropriation.
	463	+	ES 148—LS 6503/DI 153 11
	464	+	1 (b) For purposes of IC 22-4.1-24-3, "workforce related
	465	+	2 program" means a program offering incentives, funding, support,
	466	+	3 or guidance for any of the following purposes:
	467	+	4 (1) Job training.
	468	+	5 (2) The attainment of an industry recognized certification or
	469	+	6 credential.
	470	+	7 (3) The attainment of a postsecondary degree, certificate, or
	471	+	8 credential.
	472	+	9 (4) The provision of other types of employment assistance.
	473	+	10 (5) The promotion of Indiana to workers or the provision of
	474	+	11 assistance to a worker relocating to Indiana for employment.
	475	+	12 (6) Any other program that has, at least in part, the goal of
	476	+	13 securing employment or better employment for an individual.
	477	+	14 The term does not include a United States Department of Labor
	478	+	15 certified multi-year apprenticeship program subject to a reporting
	479	+	16 requirement targeted at measuring the performance of the
	480	+	17 program.
	481	+	18 SECTION 9. IC 22-4.1-24-1, AS ADDED BY P.L.230-2017,
	482	+	19 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	483	+	20 JULY 1, 2024]: Sec. 1. (a) Except as provided in subsection (b), as
	484	+	21 used in this chapter, "program" refers to a workforce related program
	485	+	22 (as defined in IC 22-4.1-1-7). IC 22-4.1-1-7(a)).
	486	+	23 (b) As used in section 3 of this chapter, "program" refers to a
	487	+	24 workforce related program (as defined in IC 22-4.1-1-7(b)).
	488	+	25 SECTION 10. IC 22-4.1-24-3 IS ADDED TO THE INDIANA
	489	+	26 CODE AS A NEW SECTION TO READ AS FOLLOWS
	490	+	27 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) As used in this section,
	491	+	28 "management performance hub" refers to the management
	492	+	29 performance hub established by IC 4-3-26-8.
	493	+	30 (b) Not later than July 1, 2025, and before July 1 of each year
	494	+	31 thereafter, each workforce focused agency shall deliver to the
	495	+	32 management performance hub a workforce related program
	496	+	33 report.
	497	+	34 (c) Before June 30, 2025, each workforce focused agency shall
	498	+	35 do the following:
	499	+	36 (1) Establish a workforce related program data governance
	500	+	37 team of subject matter experts.
	501	+	38 (2) Develop a common set of data elements to be used to
	502	+	39 evaluate the workforce related program.
	503	+	40 (3) To the extent reasonably possible, include in a contract
	504	+	41 entered into or renewed after June 30, 2024, between a
	505	+	42 workforce focused agency and a person conducting,
	506	+	ES 148—LS 6503/DI 153 12
	507	+	1 operating, or administering a workforce related program a
	508	+	2 provision that requires the person to provide the workforce
	509	+	3 focused agency with the common set of data elements
	510	+	4 developed under subdivision (2).
	511	+	ES 148—LS 6503/DI 153 13
	512	+	COMMITTEE REPORT
	513	+	Madam President: The Senate Committee on Pensions and Labor,
	514	+	to which was referred Senate Bill No. 148, has had the same under
	515	+	consideration and begs leave to report the same back to the Senate with
	516	+	the recommendation that said bill be AMENDED as follows:
	517	+	Page 7, line 40, after "current" insert "primary".
	518	+	and when so amended that said bill do pass.
	519	+	(Reference is to SB 148 as introduced.)
	520	+	DORIOT
	521	+	Committee Vote: Yeas 9, Nays 0.
	522	+	_____
	523	+	SENATE MOTION
	524	+	Madam President: I move that Senate Bill 148 be amended to read
	525	+	as follows:
	526	+	Page 1, line 9, delete "submissions" and insert "reports".
	527	+	Page 8, between lines 36 and 37, begin a new paragraph and insert:
	528	+	"SECTION 6. IC 22-4.1-1-6.5 IS ADDED TO THE INDIANA
	529	+	CODE AS A NEW SECTION TO READ AS FOLLOWS
	530	+	[EFFECTIVE JULY 1, 2024]: Sec. 6.5. "Workforce focused agency"
	531	+	means the following:
	532	+	(1) The department.
	533	+	(2) The department of education established by IC 20-19-3-1.
	534	+	(3) The commission for higher education established by
	535	+	IC 21-18-2-1.
	536	+	(4) The governor's workforce cabinet established by
	537	+	IC 4-3-27-3.
	538	+	(5) The office of the secretary of family and social services
	539	+	established by IC 12-8-1.5-1.
	540	+	(6) Another state agency identified by the department.".
	541	+	Page 9, delete lines 25 through 42, begin a new line block indented
	542	+	and insert:
	543	+	"(6) Any other program that has, at least in part, the goal of
	544	+	securing employment or better employment for an individual.
	545	+	SECTION 8. IC 22-4.1-24-3 IS ADDED TO THE INDIANA CODE
19	546		AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
20		-	1, 2024]: Sec. 17. The MPH shall do the following before September
21		-	1 each year:
22		-	(1) Compile into a data product all reports delivered to the
23		-	MPH under IC 22-4.1-24-3 for the twelve (12) month period
24		-	ending on the preceding March 31.
25		-	(2) Make the data product available to each workforce
26		-	focused agency (as defined in IC 22-4.1-1-6.5).
27		-	SECTION 3. IC 4-3-27-12, AS ADDED BY P.L.152-2018,
28		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29		-	JULY 1, 2024]: Sec. 12. (a) As used in this section, "workforce related
30		-	program" has the meaning set forth in IC 22-4.1-1-7. IC 22-4.1-1-7(a).
31		-	(b) The governor, general assembly, and cabinet intend that each
32		-	workforce related program effectuates the purposes for which it was
33		-	enacted and that the cost of workforce related programs should be
34		-	included more readily in the biennial budgeting process.
35		-	(c) To provide the information needed to make informed policy
36		-	choices about the efficacy of each workforce related program, the
37		-	SEA 148 — CC 1 2
38		-	cabinet shall conduct a regular review, analysis, and evaluation of all
39		-	workforce related programs.
40		-	(d) The review, analysis, and evaluation must include information
41		-	about each workforce related program that is necessary to determine if
42		-	the goals of the workforce related program are being achieved, which
43		-	may include any of the following:
44		-	(1) The basic attributes and policy goals of the workforce related
45		-	program, including the statutory and programmatic goals of the
46		-	workforce related program, the original scope and purpose of the
47		-	workforce related program, and how the scope or purpose has
48		-	changed over time.
49		-	(2) The estimated cost to the state to administer the workforce
50		-	related program.
51		-	(3) The workforce related program's equity, simplicity,
52		-	competitiveness, public purpose, adequacy, and extent of
53		-	conformance with the original purposes of the legislation enacting
54		-	the workforce related program.
55		-	(4) The types of activities on which the workforce related
56		-	program is based and how effective the workforce related
57		-	program has been in promoting these targeted activities and in
58		-	assisting participants in the workforce related program.
59		-	(5) The count of the following:
60		-	(A) Participants that enter the workforce related program.
61		-	(B) Participants that complete the workforce related program.
62		-	(C) Providers of the workforce related program.
63		-	(6) The dollar amount allotted for the workforce related program
64		-	for the most recent state fiscal year.
65		-	(7) An estimate of the impact of the workforce related program,
66		-	including the following:
67		-	(A) A return on investment calculation for the workforce
68		-	related program. For purposes of this clause, "return on
69		-	investment calculation" means analyzing the cost to the state
70		-	of providing the workforce related program and analyzing the
71		-	benefits realized by the participants in the workforce related
72		-	program and to the state.
73		-	(B) A cost-benefit comparison among workforce related
74		-	programs.
75		-	(C) An estimate of the number of jobs that were the direct
76		-	result of the workforce related program.
77		-	(D) For the workforce related program, a statement by the
78		-	chief executive officer of the state agency that administers the
79		-	workforce related program as to whether the statutory and
80		-	SEA 148 — CC 1 3
81		-	programmatic goals of the workforce related program are
82		-	being met, with obstacles to these goals identified, if possible.
83		-	(8) The methodology and assumptions used in carrying out the
84		-	reviews, analyses, and evaluations required under this section.
85		-	(9) An estimate of the extent to which benefits of the workforce
86		-	related program remained in Indiana or flowed outside Indiana.
87		-	(10) Whether the effectiveness of the workforce related program
88		-	could be determined more definitively if the general assembly
89		-	were to clarify or modify the workforce related program's goals
90		-	and intended purpose.
91		-	(11) Whether measuring the workforce related program's impact
92		-	is significantly limited due to data constraints and whether any
93		-	changes in statute would facilitate data collection in a way that
94		-	would allow for better review, analysis, or evaluation.
95		-	(12) An estimate of the indirect economic benefit or activity
96		-	stimulated by the workforce related program.
97		-	(13) Any additional review, analysis, or evaluation that the
98		-	cabinet considers advisable, including comparisons with
99		-	workforce related programs offered by other states if those
100		-	comparisons would add value to the review, analysis, and
101		-	evaluation.
102		-	(e) The cabinet may request a state official or a state agency or a
103		-	body corporate and politic to furnish information necessary to complete
104		-	the workforce related program review, analysis, and evaluation
105		-	required by this chapter. An official or entity presented with a request
106		-	from the cabinet under this section shall cooperate with the cabinet in
107		-	providing the requested information. An official or entity may require
108		-	that the cabinet adhere to the provider's rules, if any, that concern the
109		-	confidential nature of the information.
110		-	(f) The cabinet shall, before October 1 of each year, submit a report
111		-	to the governor, the legislative council in an electronic format under
112		-	IC 5-14-6, and the interim study committee on fiscal policy established
113		-	by IC 2-5-1.3-4 containing the results of the cabinet's review, analysis,
114		-	and evaluation under this chapter. The report must include at least the
115		-	following for each workforce related program reviewed:
116		-	(1) An explanation of the workforce related program.
117		-	(2) The history of the workforce related program.
118		-	(3) An estimate for each state fiscal year of the next biennial
119		-	budget of the cost of the workforce related program.
120		-	(4) A detailed description of the review, analysis, and evaluation
121		-	for the workforce related program.
122		-	(5) Information to be used by the governor and general assembly
123		-	SEA 148 — CC 1 4
124		-	to determine whether the workforce related program should be
125		-	continued, modified, or terminated, the basis for the
126		-	recommendation, and the expected impact of the
127		-	recommendation.
128		-	(6) Information to be used by the governor and general assembly
129		-	to better align the workforce related program with the original
130		-	intent of the legislation that enacted the workforce related
131		-	program. The report required by this section must not disclose any
132		-	proprietary or otherwise confidential information.
133		-	SECTION 4. IC 4-12-1-9, AS AMENDED BY P.L.201-2023,
134		-	SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
135		-	JULY 1, 2024]: Sec. 9. (a) The budget agency shall assist the budget
136		-	committee in the preparation of the budget report and the budget bill,
137		-	using the recommendations and estimates prepared by the budget
138		-	agency and the information obtained through investigation and
139		-	presented at hearings. The budget committee shall consider the data,
140		-	information, recommendations and estimates before it and, to the
141		-	extent that there is agreement on items, matters, and amounts between
142		-	the budget agency and a majority of the members of the budget
143		-	committee, the committee shall organize and assemble a budget report
144		-	and a budget bill or budget bills. In the event the budget agency and a
145		-	majority of the members of the budget committee shall differ upon any
146		-	item, matter, or amount to be included in such report and bills, the
147		-	recommendation of the budget agency shall be included in the budget
148		-	bill or bills, and the particular item, matter, or amount, and the extent
149		-	of and reasons for the differences between the budget agency and the
150		-	budget committee shall be stated fully in the budget report. The budget
151		-	committee shall submit the budget report and the budget bill or bills to
152		-	the governor on or before:
153		-	(1) the second Monday of January in the year immediately
154		-	following the calendar year in which the budget report and budget
155		-	bill or bills are prepared, if the budget report and budget bill or
156		-	bills are prepared in a calendar year other than a calendar year in
157		-	which a gubernatorial election is held; or
158		-	(2) the third Monday of January, if the budget report and budget
159		-	bill or bills are prepared in the same calendar year in which a
160		-	gubernatorial election is held.
161		-	The governor shall deliver to the house members of the budget
162		-	committee such bill or bills for introduction into the house of
163		-	representatives.
164		-	(b) Whenever during the period beginning thirty (30) days prior to
165		-	a regular session of the general assembly the budget report and budget
166		-	SEA 148 — CC 1 5
167		-	bill or bills have been completed and printed and are available for
168		-	distribution, upon the request of a member of the general assembly an
169		-	informal distribution of one (1) copy of each such document shall be
170		-	made by the budget committee to such members. During business
171		-	hours, and as may be otherwise required during sessions of the general
172		-	assembly, the budget agency shall make available to the members of
173		-	the general assembly so much as they shall require of its accumulated
174		-	staff information, analyses and reports concerning the fiscal affairs of
175		-	the state and the current budget report and budget bill or bills.
176		-	(c) The budget report shall include at least the following parts:
177		-	(1) A statement of budget policy, including but not limited to
178		-	recommendations with reference to the fiscal policy of the state
179		-	for the coming budget period, and describing the important
180		-	features of the budget.
181		-	(2) A general budget summary setting forth the aggregate figures
182		-	of the budget to show the total proposed expenditures and the
183		-	total anticipated income, and the surplus or deficit.
184		-	(3) The detailed data on actual receipts and expenditures for the
185		-	previous fiscal year or two (2) fiscal years depending upon the
186		-	length of the budget period for which the budget bill or bills is
187		-	proposed, the estimated receipts and expenditures for the current
188		-	year, and for the ensuing budget period, and the anticipated
189		-	balances at the end of the current fiscal year and the ensuing
190		-	budget period. Such data shall be supplemented with necessary
191		-	explanatory schedules and statements, including a statement of
192		-	any differences between the recommendations of the budget
193		-	agency and of the budget committee.
194		-	(4) A description of the capital improvement program for the state
195		-	and an explanation of its relation to the budget.
196		-	(5) The budget bills.
197		-	(6) The tax expenditure report prepared by the legislative services
198		-	agency under IC 2-5-3.2-2.
199		-	(7) For each appropriation in the governor's recommended budget
200		-	bill that is made to a state provider, as defined in IC 22-4.1-1-5.5,
201		-	for a workforce related program, as defined in IC 22-4.1-1-7,
202		-	IC 22-4.1-1-7(a), a summary and justification for the workforce
203		-	related program.
204		-	(d) The budget report shall cover and include all special and
205		-	dedicated revenue funds as well as the general revenue fund and shall
206		-	include the estimated amounts of federal aids, for whatever purpose
207		-	provided, together with estimated expenditures therefrom.
208		-	(e) The budget agency shall furnish the governor with any further
209		-	SEA 148 — CC 1 6
210		-	information required concerning the budget, and upon request shall
211		-	attend hearings of committees of the general assembly on the budget
212		-	bills.
213		-	SECTION 5. IC 12-11-16-2, AS ADDED BY P.L.228-2023,
	547	+	1, 2024]: Sec. 3. (a) As used in this section, "management
	548	+	ES 148—LS 6503/DI 153 14
	549	+	performance hub" refers to the management performance hub
	550	+	established by IC 4-3-26-8.
	551	+	(b) Not later than July 1, 2025, and before July 1 of each year
	552	+	thereafter, each workforce focused agency shall deliver to the
	553	+	management performance hub a workforce related program
	554	+	report.
	555	+	(c) The report described in subsection (b) must contain the
	556	+	following information regarding every individual who has
	557	+	participated in a workforce related program that was operated,
	558	+	delivered, or enabled by the workforce focused agency using public
	559	+	funds during the twelve (12) month period ending on the preceding
	560	+	March 31:
	561	+	(1) The individual's name, Social Security number, and date
	562	+	of birth.
	563	+	(2) The name of the program in which the individual enrolled.
	564	+	(3) The date the individual began the program.
	565	+	(4) The date the individual completed the program, or if the
	566	+	individual failed to complete the program, the date the
	567	+	individual exited the program.
	568	+	(5) Any certificate or credential the individual earned through
	569	+	participation in the program.
	570	+	(6) Any other relevant information specifically requested by
	571	+	the department or the governor's workforce cabinet not later
	572	+	than April 1 of each year.
	573	+	(d) A workforce focused agency shall deliver a report described
	574	+	in subsection (b) in a secure manner, as determined by the
	575	+	management performance hub.
	576	+	(e) This subsection applies to a contract entered into or renewed
	577	+	after June 30, 2024. A workforce focused agency may not enter
	578	+	into a contract with a person to conduct, operate, or administer a
	579	+	workforce related program, unless the contract requires the person
	580	+	to transmit the information described in subsection (c)(1) through
	581	+	(c)(6) for all individuals participating in the workforce related
	582	+	program.".
	583	+	Page 10, delete lines 1 through 32.
	584	+	Renumber all SECTIONS consecutively.
	585	+	(Reference is to SB 148 as printed January 19, 2024.)
	586	+	BROWN L
	587	+	ES 148—LS 6503/DI 153 15
	588	+	COMMITTEE REPORT
	589	+	Mr. Speaker: Your Committee on Employment, Labor and Pensions,
	590	+	to which was referred Senate Bill 148, has had the same under
	591	+	consideration and begs leave to report the same back to the House with
	592	+	the recommendation that said bill be amended as follows:
	593	+	Page 6, delete lines 11 through 42.
	594	+	Delete page 7.
	595	+	Page 8, delete lines 1 through 36, begin a new paragraph and insert:
	596	+	"SECTION 5. IC 12-11-16-2, AS ADDED BY P.L.228-2023,
214	597		SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
215	598		JULY 1, 2024]: Sec. 2. (a) The division shall establish and maintain a
216	599		direct support professional registry to be made available to authorized
217	600		division personnel and authorized service providers. The registry must:
218	601		(1) include a list of direct support professionals who have
219	602		registered with the division in the manner required by the
220	603		division; and
221	604		(2) contain any substantiated incidents for abuse, neglect, and
222	605		exploitation that meet the criteria established according to
223	606		subsection (d), as determined by the division for a direct support
224	607		professional included on the registry.
225	608		(b) The division shall establish the following:
226	609		(1) An application to be used for an individual to register for the
227	610		registry and renew the registration for the registry.
228	611		(2) An appeals process as provided in IC 4-21.5 concerning an
229	612		incident involving a direct support professional in which the
230	613		division has determined the incident meets the criteria established
231	614		according to subsection (d).
232	615		(c) Beginning January 1, 2026, and thereafter, an individual may not
233	616		provide direct support services as a direct support professional in
234	617		Indiana unless the individual is registered by the division for the
235	618		registry under this chapter.
236	619		(d) The division shall adopt rules under IC 4-22-2 necessary to
237	620		implement the registry, including the establishment of definitions and
238	621		levels for substantiated abuse, neglect, and exploitation, the highest of
239	622		which is the minimum the division must report to the registry.
240	623		(e) The division shall report to the registry a substantiated incident
241	624		that meets the criteria established according to subsection (d).
242	625		(f) An employee of the division who reports a substantiated incident
243	626		that meets the criteria established according to subsection (d) to the
244	627		registry in good faith is not subject to liability in:
245	628		(1) a civil;
	629	+	ES 148—LS 6503/DI 153 16
246	630		(2) an administrative;
247	631		(3) a disciplinary; or
248	632		(4) a criminal;
249	633		action that might otherwise be imposed for reporting the information.
250	634		(g) Beginning twelve (12) months after the registry is
251		-	implemented, the division shall post monthly on the division's
252		-	SEA 148 — CC 1 7
253		-	website the total number of individuals registered under the
254		-	registry.
255		-	(h) The division shall present the information required to be
256		-	posted under subsection (g) to the division of disability and
257		-	rehabilitative services advisory council at least quarterly.
	635	+	implemented, the division shall file a monthly report with the
	636	+	department of workforce development that contains the monthly
	637	+	direct support professional labor force participation statistics.
	638	+	(h) The department of workforce development shall post the
	639	+	monthly reports received under subsection (g) on the department
	640	+	of workforce development's website.
258	641		SECTION 6. IC 22-4-10-8, AS AMENDED BY P.L.183-2017,
259	642		SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
260	643		JULY 1, 2024]: Sec. 8. (a) This section applies only to an employer
261	644		who employs individuals within the state.
262	645		(b) As used in this section, "date of hire" is: "newly hired
263	646		employee" means an employee who:
264	647		(1) the first date that an employee provides labor or services to an
265	648		employer; or
266	649		(2) the first date that an employee resumes providing labor or
267	650		services to an employer after a separation from service with the
268	651		employer of at least sixty (60) days.
269	652		(1) has not previously been employed by the employer; or
270	653		(2) was previously employed by the employer but has been
271	654		separated from such prior employment for at least sixty (60)
272	655		consecutive days.
273	656		(c) As used in this section, "employee":
274	657		(1) has the meaning set forth in Section 3401(c) of the Internal
275	658		Revenue Code; and
276	659		(2) includes any individual:
277	660		(A) required under Internal Revenue Service regulations to
278	661		complete a federal form W-4; and
279	662		(B) who has provided services to an employer.
280	663		The term does not include an employee of a federal or state agency who
281	664		performs intelligence or counter intelligence functions if the head of
282	665		the agency determines that the reporting information required under
283	666		this section could endanger the safety of the employee or compromise
284	667		an ongoing investigation or intelligence mission.
285	668		(2) does not include an employee of a federal or state agency
286	669		who performs intelligence or counter intelligence functions if
287	670		the head of the agency determines that the reporting
288	671		information required under this section could endanger the
	672	+	ES 148—LS 6503/DI 153 17
289	673		safety of the employee or compromise an ongoing
290	674		investigation or intelligence mission.
291	675		(d) As used in this section, "employer" has the meaning set forth in
292	676		Section 3401(d) of the Internal Revenue Code. The term includes:
293	677		(1) governmental agencies;
294	678		(2) labor organizations; or
295		-	SEA 148 — CC 1 8
296	679		(3) a person doing business in the state as identified by:
297	680		(A) the person's federal employer identification number; or
298	681		(B) if applicable, the common paymaster, as defined in Section
299	682		3121 of the Internal Revenue Code or the payroll reporting
300	683		agent of the employer, as described in IRS Rev. Proc. 70-6,
301	684		1970-1 C.B. 420.
302	685		(e) As used in this section, "Internal Revenue Code" has the
303	686		meaning set forth in IC 6-3-1-11.
304	687		(f) (e) As used in this section, "labor organization" has the meaning
305	688		set forth in 42 U.S.C. 653a(a)(2)(B)(ii).
306	689		(g) As used in this section, "newly hired employee" means an
307	690		employee who:
308	691		(1) has not previously been employed by an employer; or
309	692		(2) resumes service with an employer after a separation from
310	693		service of at least sixty (60) days.
311	694		(h) (f) The department shall maintain a directory of new hires as
312	695		required under 42 U.S.C. 653a.
313	696		(i) (g) The directory under subsection (h) (f) must contain the
314	697		information for each newly hired employee that an employer must
315	698		provide to the department under subsection (l). (i).
316	699		(j) (h) An employer must transmit the information required under
317	700		subsection (l): (i)
318	701		(1) within twenty (20) business days of the employee's date of
319	702		hire. or
320	703		(2) if the information is transmitted magnetically or electronically,
321	704		in two (2) monthly transactions that are:
322	705		(A) not less than twelve (12) days apart; and
323	706		(B) not more than sixteen (16) days apart.
324	707		(k) A report containing the information required under subsection
325	708		(l) is considered timely:
326	709		(1) if it is postmarked on or before the due date, whenever the
327	710		report is mailed; or
328	711		(2) if it is received on or before the due date, whenever the report
329	712		is transmitted by:
330	713		(A) facsimile machine; or
331	714		(B) electronic or magnetic media.
	715	+	ES 148—LS 6503/DI 153 18
332	716		(l) (i) The employer shall provide the following information
333	717		required under this section on an employee's withholding allowance
334	718		certificate (Internal Revenue Service form W-4) or, at the employer's
335	719		option, an equivalent form. The report must include at least the
336	720		following: for a newly hired employee to the department
337	721		electronically, in a manner prescribed by the department:
338		-	SEA 148 — CC 1 9
339	722		(1) The name, address, and Social Security number of the
340	723		employee.
341	724		(2) The name, address, and federal tax identification number of
342	725		the employer.
343	726		(3) The date of hire of the employee. services for remuneration
344	727		were first performed by the employee.
345	728		(4) The current primary standardized occupational
346	729		classification code of the employee.
347	730		(5) The starting compensation of the employee.
348	731		(m) (j) An employer that has employees in two (2) or more states
349	732		and that transmits reports under this section electronically or
350	733		magnetically may comply with this section by doing the following:
351	734		(1) Designating one (1) state to receive each report.
352	735		(2) Notifying the Secretary of the United States Department of
353	736		Health and Human Services which state will receive the reports.
354	737		(3) Transmitting the reports to the agency in the designated state
355	738		that is charged with receiving the reports.
356	739		(n) (k) The department may impose the following as a civil penalty:
357	740		(1) Twenty-five dollars ($25) on an employer that fails to comply
358	741		with this section.
359	742		(2) Five hundred dollars ($500) on an employer that fails to
360	743		comply with this section if the failure is a result of a conspiracy
361	744		between the employer and the employee to:
362	745		(A) not provide the required report; or
363	746		(B) provide a false or an incomplete report.
364	747		(o) The department shall do the following with information received
365	748		from an employer regarding newly hired employees:
366	749		(1) Enter the information into the state's directory of new hires
367	750		within five (5) business days of receipt.
368	751		(2) Forward the information to the national directory of new hires
369	752		not later than three (3) business days after the information is
370	753		entered into the state's directory.
371	754		The state shall use quality control standards established by the
372	755		administrators of the national directory of new hires.
373	756		(p) (l) The information contained in the directory maintained under
374	757		subsection (h) (f) is available only for use by the department for
	758	+	ES 148—LS 6503/DI 153 19
375	759		purposes required by 42 U.S.C. 653a, unless otherwise provided by
376	760		law. for use by the department in a manner consistent with state
377	761		and federal law.
378	762		(q) (m) The department of child services (established under
379	763		IC 31-25-1-1) shall:
380	764		(1) reimburse the department for a pro rata share of the costs
381		-	SEA 148 — CC 1 10
382	765		incurred in carrying out this section using a cost allocation
383	766		method described in 45 CFR 75.405; and
384	767		(2) enter into a purchase of service agreement with the
385	768		department that establishes procedures necessary to administer
386		-	this section.
387		-	SECTION 7. IC 22-4.1-1-6.5 IS ADDED TO THE INDIANA
388		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
389		-	[EFFECTIVE JULY 1, 2024]: Sec. 6.5. "Workforce focused agency"
390		-	means the following:
391		-	(1) The department.
392		-	(2) The department of education established by IC 20-19-3-1.
393		-	(3) The commission for higher education established by
394		-	IC 21-18-2-1.
395		-	(4) The governor's workforce cabinet established by
396		-	IC 4-3-27-3.
397		-	(5) The office of the secretary of family and social services
398		-	established by IC 12-8-1.5-1.
399		-	SECTION 8. IC 22-4.1-1-7, AS ADDED BY P.L.230-2017,
400		-	SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
401		-	JULY 1, 2024]: Sec. 7. (a) Except as provided in subsection (b),
402		-	"workforce related program" means a program operated, delivered, or
403		-	enabled, in whole or in part, by a state provider using public funds to
404		-	offer incentives, funding, support, or guidance for any of the following
405		-	purposes:
406		-	(1) Job training.
407		-	(2) The attainment of an industry recognized certification or
408		-	credential.
409		-	(3) The attainment of a postsecondary degree, certificate, or
410		-	credential.
411		-	(4) The provision of other types of employment assistance.
412		-	(5) The promotion of Indiana to workers or the provision of
413		-	assistance to a worker relocating to Indiana for employment.
414		-	(6) Any other program that:
415		-	(A) has, at least in part, the goal of securing employment or
416		-	better employment for an individual; and
417		-	(B) receives funding through WIOA or a state appropriation.
418		-	(b) For purposes of IC 22-4.1-24-3, "workforce related
419		-	program" means a program offering incentives, funding, support,
420		-	or guidance for any of the following purposes:
421		-	(1) Job training.
422		-	(2) The attainment of an industry recognized certification or
423		-	credential.
424		-	SEA 148 — CC 1 11
425		-	(3) The attainment of a postsecondary degree, certificate, or
426		-	credential.
427		-	(4) The provision of other types of employment assistance.
428		-	(5) The promotion of Indiana to workers or the provision of
429		-	assistance to a worker relocating to Indiana for employment.
430		-	(6) Any other program that has, at least in part, the goal of
431		-	securing employment or better employment for an individual.
432		-	The term does not include an apprenticeship program for which
433		-	funding is received under IC 22-4-25-1(c).
	769	+	this section.".
	770	+	Page 9, delete lines 40 through 42, begin a new line blocked left and
	771	+	insert:
	772	+	"The term does not include a United States Department of Labor
	773	+	certified multi-year apprenticeship program subject to a reporting
	774	+	requirement targeted at measuring the performance of the
	775	+	program.
434	776		SECTION 9. IC 22-4.1-24-1, AS ADDED BY P.L.230-2017,
435	777		SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
436	778		JULY 1, 2024]: Sec. 1. (a) Except as provided in subsection (b), as
437	779		used in this chapter, "program" refers to a workforce related program
438	780		(as defined in IC 22-4.1-1-7). IC 22-4.1-1-7(a)).
439	781		(b) As used in section 3 of this chapter, "program" refers to a
440	782		workforce related program (as defined in IC 22-4.1-1-7(b)).
441	783		SECTION 10. IC 22-4.1-24-3 IS ADDED TO THE INDIANA
442	784		CODE AS A NEW SECTION TO READ AS FOLLOWS
443	785		[EFFECTIVE JULY 1, 2024]: Sec. 3. (a) As used in this section,
444	786		"management performance hub" refers to the management
445	787		performance hub established by IC 4-3-26-8.
446	788		(b) Not later than July 1, 2025, and before July 1 of each year
447	789		thereafter, each workforce focused agency shall deliver to the
448	790		management performance hub a workforce related program
449	791		report.
450		-	(c) Before June 30, 2025, each workforce focused agency shall
	792	+	(c) The report described in subsection (b) must contain the
	793	+	following information regarding every individual who has
	794	+	participated in a workforce related program that was operated,
	795	+	delivered, or enabled by the workforce focused agency using public
	796	+	funds during the twelve (12) month period ending on the preceding
	797	+	March 31:
	798	+	(1) The individual's name and date of birth.
	799	+	(2) Either:
	800	+	(A) the individual's Social Security number; or
	801	+	ES 148—LS 6503/DI 153 20
	802	+	(B) another identifier for the individual, so long as the
	803	+	department has approved the manner of identification for
	804	+	purposes of reporting under this section.
	805	+	(3) The name of the program in which the individual enrolled.
	806	+	(4) The date the individual began the program.
	807	+	(5) The date the individual completed the program, or if the
	808	+	individual failed to complete the program, the date the
	809	+	individual exited the program.
	810	+	(6) Any certificate or credential the individual earned through
	811	+	participation in the program.
	812	+	(7) Any other relevant information specifically requested by
	813	+	the department or the governor's workforce cabinet not later
	814	+	than April 1 of each year.
	815	+	(d) A workforce focused agency shall deliver a report described
	816	+	in subsection (b) in a secure manner, as determined by the
	817	+	management performance hub.
	818	+	(e) This subsection applies to a contract entered into or renewed
	819	+	after June 30, 2024. A workforce focused agency may not enter
	820	+	into a contract with a person to conduct, operate, or administer a
	821	+	workforce related program, unless the contract requires the person
	822	+	to transmit the information described in subsection (c)(1) through
	823	+	(c)(7) for all individuals participating in the workforce related
	824	+	program.".
	825	+	Delete page 10.
	826	+	Renumber all SECTIONS consecutively.
	827	+	and when so amended that said bill do pass.
	828	+	(Reference is to SB 148 as reprinted January 30, 2024.)
	829	+	VANNATTER
	830	+	Committee Vote: yeas 10, nays 0.
	831	+	_____
	832	+	HOUSE MOTION
	833	+	Mr. Speaker: I move that Engrossed Senate Bill 148 be amended to
	834	+	read as follows:
	835	+	Page 1, line 12, delete "the department of" and insert "each
	836	+	workforce focused agency (as defined in IC 22-4.1-1-6.5).".
	837	+	Page 1, delete lines 13 through 14.
	838	+	ES 148—LS 6503/DI 153 21
	839	+	Page 7, line 7, delete "file a monthly report with the" and insert
	840	+	"post monthly on the division's website the total number of
	841	+	individuals registered under the registry.".
	842	+	Page 7, delete lines 8 through 12, begin a new paragraph and insert:
	843	+	"(h) The division shall present the information required to be
	844	+	posted under subsection (g) to the division of disability and
	845	+	rehabilitative services advisory council at least quarterly.".
	846	+	Page 10, delete line 25.
	847	+	Page 11, delete lines 36 through 42, begin a new paragraph and
	848	+	insert:
	849	+	"(c) Before June 30, 2025, each workforce focused agency shall
451	850		do the following:
452	851		(1) Establish a workforce related program data governance
453	852		team of subject matter experts.
454	853		(2) Develop a common set of data elements to be used to
455	854		evaluate the workforce related program.
456	855		(3) To the extent reasonably possible, include in a contract
457	856		entered into or renewed after June 30, 2024, between a
458	857		workforce focused agency and a person conducting,
459	858		operating, or administering a workforce related program a
460	859		provision that requires the person to provide the workforce
461	860		focused agency with the common set of data elements
462		-	developed under subdivision (2).
463		-	SEA 148 — CC 1 President of the Senate
464		-	President Pro Tempore
465		-	Speaker of the House of Representatives
466		-	Governor of the State of Indiana
467		-	Date: Time:
468		-	SEA 148 — CC 1
	861	+	developed under subdivision (2).".
	862	+	Delete page 12.
	863	+	(Reference is to ESB 148 as printed February 22, 2024.)
	864	+	CARBAUGH
	865	+	ES 148—LS 6503/DI 153