Indiana 2024 Regular Session

Indiana Senate Bill SB0251 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 251
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 5-28-44.
7	7	Synopsis: Call center worker and consumer protection. Requires the
8	8	Indiana economic development corporation (IEDC) to compile a list of
9	9	all employers that relocate a call center to a foreign country and to
10	10	disqualify employers on that list from state grants, loans, and tax
11	11	credits. Requires an employer receiving a state grant, loan, or tax credit
12	12	to notify the IEDC if the employer intends to relocate a call center.
13	13	Requires, for all contracts entered into on or after July 1, 2024, that all
14	14	call center or customer service work for the state be performed entirely
15	15	within Indiana.
16	16	Effective: July 1, 2024.
17	17	Niezgodski
18	18	January 11, 2024, read first time and referred to Committee on Pensions and Labor.
19	19	2024 IN 251—LS 6490/DI 148 Introduced
20	20	Second Regular Session of the 123rd General Assembly (2024)
21	21	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
22	22	Constitution) is being amended, the text of the existing provision will appear in this style type,
23	23	additions will appear in this style type, and deletions will appear in this style type.
24	24	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
25	25	provision adopted), the text of the new provision will appear in this style type. Also, the
26	26	word NEW will appear in that style type in the introductory clause of each SECTION that adds
27	27	a new provision to the Indiana Code or the Indiana Constitution.
28	28	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
29	29	between statutes enacted by the 2023 Regular Session of the General Assembly.
30	30	SENATE BILL No. 251
31	31	A BILL FOR AN ACT to amend the Indiana Code concerning state
32	32	and local administration.
33	33	Be it enacted by the General Assembly of the State of Indiana:
34	34	1 SECTION 1. IC 5-28-44 IS ADDED TO THE INDIANA CODE AS
35	35	2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
36	36	3 1, 2024]:
37	37	4 Chapter 44. Consumer Call Center Employee Protection
38	38	5 Sec. 1. As used in this chapter, "employer" means a business
39	39	6 that employs, for the purpose of customer service or back-office
40	40	7 operations, either of the following:
41	41	8 (1) Fifty (50) or more individuals, excluding part-time
42	42	9 employees.
43	43	10 (2) Fifty (50) or more individuals who, in the aggregate, work
44	44	11 at least one thousand five hundred (1,500) hours each week
45	45	12 for the employer, not including overtime hours.
46	46	13 Sec. 2. As used in this chapter, "grant" has the meaning set
47	47	14 forth in IC 5-28-28-2.
48	48	15 Sec. 3. As used in this chapter, "loan" has the meaning set forth
49	49	16 in IC 5-28-28-3.
50	50	17 Sec. 4. As used in this chapter, "part-time employee" means an
51	51	2024 IN 251—LS 6490/DI 148 2
52	52	1 individual employed by an employer for an average of fewer than
53	53	2 twenty (20) hours each week or for fewer than six (6) of the twelve
54	54	3 (12) months before the date on which a determination is made.
55	55	4 Sec. 5. As used in this chapter, "tax credit" has the meaning set
56	56	5 forth in IC 5-28-28-4.
57	57	6 Sec. 6. (a) An employer that intends to relocate either of the
58	58	7 following from Indiana to a foreign country shall notify the
59	59	8 secretary of commerce at least one hundred twenty (120) days
60	60	9 before the relocation:
61	61	10 (1) A call center.
62	62	11 (2) One (1) or more facilities or operating units within a call
63	63	12 center comprising at least thirty percent (30%) of the call
64	64	13 center's total volume when measured against the previous
65	65	14 twelve (12) month average call volume of operations.
66	66	15 (b) If an employer fails to provide the notice under subsection
67	67	16 (a), the employer is ineligible to receive from the state any grant,
68	68	17 loan, or tax credit until seven (7) years after the date on which the
69	69	18 employer relocated the operation or facility described in subsection
70	70	19 (a).
71	71	20 Sec. 7. (a) Beginning July 1, 2024, and every six (6) months
72	72	21 thereafter, the corporation shall compile a list of every employer
73	73	22 that has relocated an operation or facility described in section
74	74	23 6(a)(1) or 6(a)(2) of this chapter.
75	75	24 (b) The corporation shall include on the list the name of the
76	76	25 employer and the date on which the call center or facility was
77	77	26 relocated.
78	78	27 (c) The corporation shall immediately notify each state agency
79	79	28 that is providing the employer with any grant, loan, or tax credit.
80	80	29 (d) The corporation shall include the list in the economic
81	81	30 incentives and compliance report required by IC 5-28-28.
82	82	31 Sec. 8. (a) Except as provided in subsection (c), an employer that
83	83	32 appears on a list compiled by the corporation under section 7 of
84	84	33 this chapter is ineligible to receive from the state any grant, loan,
85	85	34 or tax credit until five (5) years after the date on which the
86	86	35 employer relocated the operation or facility described in section
87	87	36 6(a)(1) or 6(a)(2) of this chapter.
88	88	37 (b) Except as provided in subsection (c), if an employer appears
89	89	38 on a list compiled under section 7 of this chapter, the corporation
90	90	39 shall recapture from the employer an amount equal to the
91	91	40 unamortized value of any grant, loan, or tax credit that the
92	92	41 employer has received from the state after June 30, 2024. The
93	93	42 employer shall pay the recapture amount to the corporation within
94	94	2024 IN 251—LS 6490/DI 148 3
95	95	1 thirty (30) days after receiving the recapture demand.
96	96	2 (c) The corporation may waive the ineligibility to receive from
97	97	3 the state any grant, loan, or tax credit under subsection (a) if the
98	98	4 employer applying for the grant, loan, or tax credit demonstrates
99	99	5 that one (1) or more of the following will occur if the grant, loan,
100	100	6 or tax credit is not provided:
101	101	7 (1) Substantial job loss in Indiana.
102	102	8 (2) Harm to the environment.
103	103	9 (3) A significant economic impact to Indiana.
104	104	10 Sec. 9. (a) This section applies to contracts entered into on or
105	105	11 after July 1, 2024.
106	106	12 (b) Each state agency within the executive department shall
107	107	13 ensure that all call center and customer service work performed
108	108	14 for the agency is performed entirely within Indiana.
109	109	15 (c) A contractor that performs call center or customer service
110	110	16 work for the state shall not hire an individual to perform that work
111	111	17 at a location outside Indiana.
112	112	18 (d) Beginning July 1, 2026, every individual employed by a
113	113	19 contractor to perform call center or customer service work for the
114	114	20 state shall perform that work within Indiana.
115	115	21 Sec. 10. This chapter does not permit withholding or denial of
116	116	22 payments, compensation, or benefits to employees.
117	117	2024 IN 251—LS 6490/DI 148