1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | SENATE BILL No. 169 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 5-28-44. |
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7 | 7 | | Synopsis: Call center worker and consumer protection. Requires an |
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8 | 8 | | employer to notify the Indiana economic development corporation |
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9 | 9 | | (IEDC) if the employer intends to relocate a call center. Requires, for |
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10 | 10 | | all contracts entered into or renewed on or after July 1, 2025, that all |
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11 | 11 | | call center or customer service work for the state be performed entirely |
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12 | 12 | | within the United States. Requires the IEDC to compile a list of all |
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13 | 13 | | employers that relocate a call center to a foreign country and to |
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14 | 14 | | disqualify employers on that list from state grants, loans, and tax |
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15 | 15 | | credits. |
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16 | 16 | | Effective: July 1, 2025. |
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17 | 17 | | Niezgodski |
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18 | 18 | | January 8, 2025, read first time and referred to Committee on Commerce and Technology. |
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19 | 19 | | 2025 IN 169—LS 6280/DI 153 Introduced |
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20 | 20 | | First Regular Session of the 124th General Assembly (2025) |
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21 | 21 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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22 | 22 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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23 | 23 | | additions will appear in this style type, and deletions will appear in this style type. |
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24 | 24 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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25 | 25 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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26 | 26 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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27 | 27 | | a new provision to the Indiana Code or the Indiana Constitution. |
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28 | 28 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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29 | 29 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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30 | 30 | | SENATE BILL No. 169 |
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31 | 31 | | A BILL FOR AN ACT to amend the Indiana Code concerning state |
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32 | 32 | | and local administration. |
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33 | 33 | | Be it enacted by the General Assembly of the State of Indiana: |
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34 | 34 | | 1 SECTION 1. IC 5-28-44 IS ADDED TO THE INDIANA CODE AS |
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35 | 35 | | 2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY |
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36 | 36 | | 3 1, 2025]: |
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37 | 37 | | 4 Chapter 44. Consumer Call Center Employee Protection |
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38 | 38 | | 5 Sec. 1. As used in this chapter, "employer" means a business |
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39 | 39 | | 6 that employs, for the purpose of customer service or back-office |
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40 | 40 | | 7 operations, either of the following: |
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41 | 41 | | 8 (1) Fifty (50) or more individuals, excluding part-time |
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42 | 42 | | 9 employees. |
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43 | 43 | | 10 (2) Fifty (50) or more individuals who, in the aggregate, work |
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44 | 44 | | 11 at least one thousand five hundred (1,500) hours each week |
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45 | 45 | | 12 for the employer, not including overtime hours. |
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46 | 46 | | 13 Sec. 2. As used in this chapter, "grant" has the meaning set |
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47 | 47 | | 14 forth in IC 5-28-28-2. |
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48 | 48 | | 15 Sec. 3. As used in this chapter, "loan" has the meaning set forth |
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49 | 49 | | 16 in IC 5-28-28-3. |
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50 | 50 | | 17 Sec. 4. As used in this chapter, "part-time employee" means an |
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51 | 51 | | 2025 IN 169—LS 6280/DI 153 2 |
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52 | 52 | | 1 individual employed by an employer for an average of fewer than |
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53 | 53 | | 2 twenty (20) hours each week or for fewer than six (6) of the twelve |
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54 | 54 | | 3 (12) months before the date on which a determination is made. |
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55 | 55 | | 4 Sec. 5. As used in this chapter, "tax credit" has the meaning set |
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56 | 56 | | 5 forth in IC 5-28-28-4. |
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57 | 57 | | 6 Sec. 6. (a) An employer that intends to relocate either of the |
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58 | 58 | | 7 following from Indiana to a foreign country shall notify the |
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59 | 59 | | 8 secretary of commerce at least one hundred twenty (120) days |
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60 | 60 | | 9 before the relocation: |
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61 | 61 | | 10 (1) A call center. |
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62 | 62 | | 11 (2) One (1) or more facilities or operating units within a call |
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63 | 63 | | 12 center comprising at least thirty percent (30%) of the call |
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64 | 64 | | 13 center's total volume when measured against the previous |
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65 | 65 | | 14 twelve (12) month average call volume of operations. |
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66 | 66 | | 15 (b) If an employer fails to provide the notice under subsection |
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67 | 67 | | 16 (a), the employer is ineligible to receive from the state any grant, |
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68 | 68 | | 17 loan, or tax credit until seven (7) years after the date on which the |
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69 | 69 | | 18 employer relocated the operation or facility described in subsection |
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70 | 70 | | 19 (a). |
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71 | 71 | | 20 Sec. 7. (a) Beginning July 1, 2025, and every six (6) months |
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72 | 72 | | 21 thereafter, the corporation shall compile a list of every employer |
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73 | 73 | | 22 that has relocated an operation or facility described in section |
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74 | 74 | | 23 6(a)(1) or 6(a)(2) of this chapter. |
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75 | 75 | | 24 (b) The corporation shall include on the list the name of the |
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76 | 76 | | 25 employer and the date on which the call center or facility was |
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77 | 77 | | 26 relocated. |
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78 | 78 | | 27 (c) The corporation shall immediately notify each state agency |
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79 | 79 | | 28 that is providing the employer with any grant, loan, or tax credit. |
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80 | 80 | | 29 (d) The corporation shall include the list in the economic |
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81 | 81 | | 30 incentives and compliance report required by IC 5-28-28. |
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82 | 82 | | 31 Sec. 8. (a) Except as provided in subsection (c), an employer that |
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83 | 83 | | 32 appears on a list compiled by the corporation under section 7 of |
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84 | 84 | | 33 this chapter is ineligible to receive from the state any grant, loan, |
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85 | 85 | | 34 or tax credit until five (5) years after the date on which the |
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86 | 86 | | 35 employer relocated the operation or facility described in section |
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87 | 87 | | 36 6(a)(1) or 6(a)(2) of this chapter. |
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88 | 88 | | 37 (b) Except as provided in subsection (c), if an employer appears |
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89 | 89 | | 38 on a list compiled under section 7 of this chapter, the corporation |
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90 | 90 | | 39 shall recapture from the employer an amount equal to the |
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91 | 91 | | 40 unamortized value of any grant, loan, or tax credit that the |
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92 | 92 | | 41 employer has received from the state after June 30, 2025. The |
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93 | 93 | | 42 employer shall pay the recapture amount to the corporation within |
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94 | 94 | | 2025 IN 169—LS 6280/DI 153 3 |
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95 | 95 | | 1 thirty (30) days after receiving the recapture demand. |
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96 | 96 | | 2 (c) The corporation may waive the ineligibility to receive from |
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97 | 97 | | 3 the state any grant, loan, or tax credit under subsection (a) if the |
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98 | 98 | | 4 employer applying for the grant, loan, or tax credit demonstrates |
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99 | 99 | | 5 that one (1) or more of the following will occur if the grant, loan, |
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100 | 100 | | 6 or tax credit is not provided: |
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101 | 101 | | 7 (1) Substantial job loss in Indiana. |
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102 | 102 | | 8 (2) Harm to the environment. |
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103 | 103 | | 9 (3) A significant economic impact to the state. |
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104 | 104 | | 10 Sec. 9. (a) This section applies to contracts entered into or |
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105 | 105 | | 11 renewed on or after July 1, 2025. |
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106 | 106 | | 12 (b) Each state agency within the executive department of state |
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107 | 107 | | 13 government shall ensure that all call center and customer service |
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108 | 108 | | 14 work performed for the agency is performed entirely within the |
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109 | 109 | | 15 United States. |
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110 | 110 | | 16 (c) A contractor that performs call center or customer service |
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111 | 111 | | 17 work for the state shall not hire an individual to perform that work |
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112 | 112 | | 18 at a location outside the United States. |
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113 | 113 | | 19 (d) Beginning July 1, 2027, every individual employed by a |
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114 | 114 | | 20 contractor to perform call center or customer service work for the |
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115 | 115 | | 21 state shall perform that work within the United States. |
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116 | 116 | | 22 Sec. 10. This chapter does not permit withholding or denial of |
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117 | 117 | | 23 payments, compensation, or benefits to employees. |
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118 | 118 | | 2025 IN 169—LS 6280/DI 153 |
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