CHAPTER 4. DUTIES
IC 22-4.1-4
Chapter 4. Duties
IC 22-4.1-4-1
Duties regarding workforce development initiatives
Sec. 1. The department may undertake duties identified by thecommissioner as related to workforce development initiatives thatwere required of or authorized to be undertaken before July 1, 1994,by:
(1) the department of employment and training services;
(2) the office of workforce literacy established byIC 22-4.1-10-1; or
(3) the Indiana commission for career and technical educationestablished by IC 22-4.1-13-6.
As added by P.L.105-1994, SEC.5. Amended by P.L.21-1995,SEC.142; P.L.1-2005, SEC.187; P.L.140-2007, SEC.7;P.L.234-2007, SEC.146; P.L.3-2008, SEC.162.
IC 22-4.1-4-2
Mandatory one stop partners
Sec. 2. (a) This section applies only to an employer who employsindividuals within the state.
(b) As used in this section, "date of hire" is the first date that anemployee provides labor or services to an employer.
(c) As used in this section, "employee":
(1) has the meaning set forth in Chapter 24 of the InternalRevenue Code of 1986; and
(2) includes any individual:
(A) required under Internal Revenue Service regulations tocomplete a federal form W-4; and
(B) who has provided services to an employer.
The term does not include an employee of a federal or state agencywho performs intelligence or counter intelligence functions if thehead of the agency determines that the reporting information requiredunder this section could endanger the safety of the employee orcompromise an ongoing investigation or intelligence mission.
(d) As used in this section, "employer" has the meaning set forthin Section 3401(d) of the Internal Revenue Code of 1986. The termincludes:
(1) governmental agencies and labor organizations; and
(2) a person doing business in the state as identified by:
(A) the person's federal employer identification number; or
(B) if applicable, the common paymaster, as defined inSection 3121 of the Internal Revenue Code or the payrollreporting agent of the employer, as described in IRS Rev.Proc. 70-6, 1970-1, C.B. 420.
(e) As used in this section, "labor organization" has the meaningset forth in 42 U.S.C. 653A(a)(2)(B)(ii).
(f) The department shall maintain the Indiana directory of newhires as required under 42 U.S.C. 653A. (g) The directory under subsection (f) must contain informationthat an employer must provide to the department for each newlyhired employee as follows:
(1) The information must be transmitted within twenty (20)business days of the employee's date of hire.
(2) If an employer transmits reports under this sectionmagnetically or electronically, the information must betransmitted in two (2) monthly transactions that are:
(A) not less than twelve (12) days apart; and
(B) not more than sixteen (16) days apart.
If mailed, the report is considered timely if it is postmarked on orbefore the due date. If the report is transmitted by facsimile machineor by using electronic or magnetic media, the report is consideredtimely if it is received on or before the due date.
(h) The employer shall provide the information required underthis section on an employee's withholding allowance certificate(Internal Revenue Service form W-4) or, at the employer's option, anequivalent form. The report may be transmitted to the department byfirst class mail, by facsimile machine, electronically, or magnetically.The report must include at least the following:
(1) The name, address, and Social Security number of theemployee.
(2) The name, address, and federal tax identification number ofthe employer.
(3) The date of hire of the employee.
(i) An employer that has employees in two (2) or more states andthat transmits reports under this section electronically ormagnetically may comply with this section by doing the following:
(1) Designating one (1) state to receive each report.
(2) Notifying the Secretary of the United States Department ofHealth and Human Services which state will receive the reports.
(3) Transmitting the reports to the agency in the designatedstate that is charged with receiving the reports.
(j) The department may impose a civil penalty of five hundreddollars ($500) on an employer that fails to comply with this sectionif the failure is a result of a conspiracy between the employer and theemployee to:
(1) not provide the required report; or
(2) provide a false or an incomplete report.
(k) The information received from an employer regarding newlyhired employees shall be:
(1) entered into the state's new hire directory within five (5)business days of receipt; and
(2) forwarded to the national directory of new hires within three(3) business days after entry into the state's new hire directory.
The state shall use quality control standards established by theAdministrators of the National Directory of New Hires.
(l) The information contained in the Indiana directory of newhires is available only for use by the department for purposesrequired by 42 U.S.C. 653A, unless otherwise provided by law. (m) The department of child services shall reimburse thedepartment for any costs incurred in carrying out this section.
(n) The department of child services and the department shallenter into a purchase of service agreement that establishesprocedures necessary to administer this section.
As added by P.L.257-1997(ss), SEC.35. Amended by P.L.290-2001,SEC.34; P.L.131-2009, SEC.4.
IC 22-4.1-4-3
Training program priority for National Guard members andspouses
Sec. 3. (a) As used in this section, "active duty" means full-timeservice in the National Guard for more than thirty (30) consecutivedays in a calendar year.
(b) As used in this section, "National Guard" means:
(1) the Indiana Army National Guard; or
(2) the Indiana Air National Guard.
(c) This section applies to a member of the National Guard who:
(1) is a resident of Indiana; and
(2) serves on active duty.
(d) Unless otherwise provided by federal law, the departmentshall give a member of the National Guard or the spouse of a memberof the National Guard priority for placement in any federal or stateemployment or training program administered by the department ifthe member or the member's spouse:
(1) submits documentation satisfactory to the departmentestablishing the dates of the member's active service; and
(2) meets the eligibility requirements for the program.
(e) The priority status under subsection (d) for a member of theNational Guard expires one (1) year after the date the member isdischarged or released from active duty.
(f) The priority status under subsection (d) for the spouse of amember of the National Guard expires on the date the member isdischarged or released from active duty.
As added by P.L.11-2007, SEC.1.
IC 22-4.1-4-4
Information sharing concerning construction workers misclassifiedas independent contractors
Sec. 4. (a) This section applies after December 31, 2009.
(b) As used in this section, "contractor" means:
(1) a sole proprietor;
(2) a partnership;
(3) a firm;
(4) a corporation;
(5) a limited liability company;
(6) an association; or
(7) another legal entity;
that engages in construction and is authorized by law to do businessin Indiana. The term includes a general contractor, a subcontractor,
and a lower tiered contractor. The term does not include the state, thefederal government, or a political subdivision.
(c) The department shall cooperate with the:
(1) department of labor created by IC 22-1-1-1;
(2) department of state revenue established by IC 6-8.1-2-1; and
(3) worker's compensation board of Indiana created byIC 22-3-1-1(a);
by sharing information concerning any suspected improperclassification by a contractor of an individual as an independentcontractor (as defined in IC 22-3-6-1(b)(7) or IC 22-3-7-9(b)(5)).
(d) For purposes of IC 5-14-3-4, information shared under thissection is confidential, may not be published, and is not open topublic inspection.
(e) An officer or employee of the department who knowingly orintentionally discloses information that is confidential under thissection commits a Class A misdemeanor.
As added by P.L.164-2009, SEC.4.