Indiana 2025 Regular Session

Indiana Senate Bill SB0169 Latest Draft

Bill / Introduced Version Filed 12/30/2024

                             
Introduced Version
SENATE BILL No. 169
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DIGEST OF INTRODUCED BILL
Citations Affected:  IC 5-28-44.
Synopsis:  Call center worker and consumer protection. Requires an
employer to notify the Indiana economic development corporation
(IEDC) if the employer intends to relocate a call center. Requires, for
all contracts entered into or renewed on or after July 1, 2025, that all
call center or customer service work for the state be performed entirely
within the United States. Requires the IEDC to compile a list of all
employers that relocate a call center to a foreign country and to
disqualify employers on that list from state grants, loans, and tax
credits.
Effective:  July 1, 2025.
Niezgodski
January 8, 2025, read first time and referred to Committee on Commerce and Technology.
2025	IN 169—LS 6280/DI 153 Introduced
First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
SENATE BILL No. 169
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-28-44 IS ADDED TO THE INDIANA CODE AS
2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]:
4 Chapter 44. Consumer Call Center Employee Protection
5 Sec. 1. As used in this chapter, "employer" means a business
6 that employs, for the purpose of customer service or back-office
7 operations, either of the following:
8 (1) Fifty (50) or more individuals, excluding part-time
9 employees.
10 (2) Fifty (50) or more individuals who, in the aggregate, work
11 at least one thousand five hundred (1,500) hours each week
12 for the employer, not including overtime hours.
13 Sec. 2. As used in this chapter, "grant" has the meaning set
14 forth in IC 5-28-28-2.
15 Sec. 3. As used in this chapter, "loan" has the meaning set forth
16 in IC 5-28-28-3.
17 Sec. 4. As used in this chapter, "part-time employee" means an
2025	IN 169—LS 6280/DI 153 2
1 individual employed by an employer for an average of fewer than
2 twenty (20) hours each week or for fewer than six (6) of the twelve
3 (12) months before the date on which a determination is made.
4 Sec. 5. As used in this chapter, "tax credit" has the meaning set
5 forth in IC 5-28-28-4.
6 Sec. 6. (a) An employer that intends to relocate either of the
7 following from Indiana to a foreign country shall notify the
8 secretary of commerce at least one hundred twenty (120) days
9 before the relocation:
10 (1) A call center.
11 (2) One (1) or more facilities or operating units within a call
12 center comprising at least thirty percent (30%) of the call
13 center's total volume when measured against the previous
14 twelve (12) month average call volume of operations.
15 (b) If an employer fails to provide the notice under subsection
16 (a), the employer is ineligible to receive from the state any grant,
17 loan, or tax credit until seven (7) years after the date on which the
18 employer relocated the operation or facility described in subsection
19 (a).
20 Sec. 7. (a) Beginning July 1, 2025, and every six (6) months
21 thereafter, the corporation shall compile a list of every employer
22 that has relocated an operation or facility described in section
23 6(a)(1) or 6(a)(2) of this chapter.
24 (b) The corporation shall include on the list the name of the
25 employer and the date on which the call center or facility was
26 relocated.
27 (c) The corporation shall immediately notify each state agency
28 that is providing the employer with any grant, loan, or tax credit.
29 (d) The corporation shall include the list in the economic
30 incentives and compliance report required by IC 5-28-28.
31 Sec. 8. (a) Except as provided in subsection (c), an employer that
32 appears on a list compiled by the corporation under section 7 of
33 this chapter is ineligible to receive from the state any grant, loan,
34 or tax credit until five (5) years after the date on which the
35 employer relocated the operation or facility described in section
36 6(a)(1) or 6(a)(2) of this chapter.
37 (b) Except as provided in subsection (c), if an employer appears
38 on a list compiled under section 7 of this chapter, the corporation
39 shall recapture from the employer an amount equal to the
40 unamortized value of any grant, loan, or tax credit that the
41 employer has received from the state after June 30, 2025. The
42 employer shall pay the recapture amount to the corporation within
2025	IN 169—LS 6280/DI 153 3
1 thirty (30) days after receiving the recapture demand.
2 (c) The corporation may waive the ineligibility to receive from
3 the state any grant, loan, or tax credit under subsection (a) if the
4 employer applying for the grant, loan, or tax credit demonstrates
5 that one (1) or more of the following will occur if the grant, loan,
6 or tax credit is not provided:
7 (1) Substantial job loss in Indiana.
8 (2) Harm to the environment.
9 (3) A significant economic impact to the state.
10 Sec. 9. (a) This section applies to contracts entered into or
11 renewed on or after July 1, 2025.
12 (b) Each state agency within the executive department of state
13 government shall ensure that all call center and customer service
14 work performed for the agency is performed entirely within the
15 United States.
16 (c) A contractor that performs call center or customer service
17 work for the state shall not hire an individual to perform that work
18 at a location outside the United States.
19 (d) Beginning July 1, 2027, every individual employed by a
20 contractor to perform call center or customer service work for the
21 state shall perform that work within the United States.
22 Sec. 10. This chapter does not permit withholding or denial of
23 payments, compensation, or benefits to employees.
2025	IN 169—LS 6280/DI 153