Authors: Representative Daniel Leonard
Co-authors: Representative Richard Hamm
Sponsors: Senator Philip Boots, Senator Greg Walker
Provides that any part of an unemployment insurance surcharge not used to pay interest on the advances made to the state from the federal unemployment trust fund must be credited against the total amount of benefits charged to the state's unemployment insurance trust fund before determining each employer's share of those benefits. Removes language that requires the extra surcharge amount be credited to each employer's experience account in proportion to the amount of the surcharge the employer paid. Requires the department of workforce development (department) to establish an unemployment benefit overpayment not later than four years from the date of the overpayment, if the overpayment is for a reason other than an individual knowingly making a false statement or representation of a material fact, knowingly failing to disclose a material fact, or failing to report wages or the receipt of deductible income and removes language concerning certain other time frames related to overpayments. Repeals certain provisions concerning overpayments and establishes procedures for the department to require the employer to withhold amounts from the earnings of an individual for whom a benefit overpayment is established and to pay those amounts to the department to satisfy the overpayment, subject to certain conditions that apply to garnishments. Provides that an employer may not use income withholding as the basis for refusing to hire, discharging, or taking disciplinary action against an individual, and establishes civil penalties for an employer that refuses to withhold income or knowingly misrepresents an employee's income. Provides that an individual may contest an income withholding and request a hearing by an administrative law judge. Provides that an employer that is required to withhold income may collect a fee under certain circumstances. Requires as a condition precedent to the payment of benefits in a year immediately following a year in which benefits were paid or following a period of disqualification for failure to apply for or accept suitable work that an individual: (1) perform insured work; (2) earn remuneration in employment in at least each of eight weeks; and (3) earn remuneration at least equal to the product of the individual's weekly benefit amount multiplied by eight. Provides that, if an employer does not have a rule regarding attendance, an individual's unsatisfactory attendance is just cause for discharge, if good cause for the absences or tardiness is not established. (Currently, the individual must show good cause for the absences or tardiness.) Establishes that a crime committed using the Internet or another computer network may be prosecuted in any county: (1) from which or to which access to the Internet or another computer network was made; or (2) in which a computer, computer data, computer software, or computer network used to access the Internet or another computer network is located. Urges the legislative council to assign to an appropriate study commission or committee during the 2015 legislative interim the task of studying fraud and benefit overpayments occurring in the unemployment insurance program in Indiana.