Inside the Statehouse

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Indiana Institute for Working Families Inside the Statehouse A weekly update on State Legislation Affecting working families Date: 02/18/2011

HIGHLIGHTED LEGISLATION: HB 1001-Budget Bill-Rep. Espich. Appropriates money for capital expenditures, the operation of the state, the delivery of Medicaid and other services, and various other distributions and purposes. Provides for the return of a part of the state's year-end general revenue surplus to Indiana residents in the form of a refundable adjusted gross income tax credit. Establishes the income tax reduction reserve and procedures to implement the credit program. Changes the maximum income eligibility for the children's health insurance program. Changes Medicaid and Indiana check-up plan eligibility for certain services. The budget bill is still under review. However, some introductory concerns are: Provision to return a part of the state's year-end general revenue surplus to Indiana residents in the form of a refundable adjusted gross income tax credit. Oregon has an automatic tax refund (called the "kicker") that kicks in when revenues exceed expectations. One of the major criticisms of Oregon's refund is that it is not targeted based upon any measure of need or ability to pay, and in fact wealthier taxpayers receive much larger rebates. The line item for Indiana's food banks for emergency food purchase was not included in the Governor's budget; no indication whether it will be added in House Ways & Means. House Bills Bill Number and Title Notes Status HB 1001 Budget bill Rep. Espich See highlighted bill section. Scheduled for a vote in committee today, Friday February 18, 2011, HB 1468 Employee s right to work Rep. Torr Makes it a Class A misdemeanor for an employer to require an individual to: (1) become or remain a member of a labor organization; (2) pay dues, fees, or other charges to a labor organization; or (3) pay to a charity or another third party an amount that represents dues, fees, or other charges required of members of a labor organization; as a condition of employment or continuation of employment. Establishes a separate private right of action for violations or threatened violations. Exempts individuals employed in the construction industry, employed by the United States, or subject to the federal Railway Labor Act. Hearing Scheduled, Monday February 21, 2011, 9:00 AM Room 156-A. HB 1340 Adult education Rep. Behning Assigns to the state workforce innovation council responsibility for the general educational development (GED) diploma program and the planning and implementation of postsecondary career and technical education. Assigns responsibility for adult education to the council and the department of workforce development (DWD). Makes other provisions and conforming changes (96-4) HB 1450 Unemployment insurance Rep. Leonard Makes restrictions for eligibility for unemployment insurance benefits. Changes the benefit calculations for unemployment insurance recipients. In Committee Second House

House Bills Continued. Bills Notes Status HB 1501 Twenty-first century scholars program eligibility Rep. Messmer Requires a twenty-first century scholars program participant to agree to refrain from consuming alcoholic beverages and using tobacco products while participating in the program. Makes a twenty-first century scholars program participant subject to alcohol and drug testing. HB 1506 Work Sharing Unemployment Benefit Rep. Sullivan Establishes a work sharing unemployment insurance program. Requires an employer to submit a work sharing plan for approval by the commissioner of the department of workforce development. Establishes the work sharing benefit as equal to the employee's unemployment benefit reduced by a percentage that is equivalent to the number of hours by which the employee's work hours are reduced. Here are some benefits to this policy for both employers and workers: For employers: Retain skilled, trained workers. Maintain continuity in workforce. Remain in ready mode and avoid need to retrain employees when business upswing occurs. Increase morale and job security among employees. For workers: Retain job and financial security. Retain health insurance and retirement benefits. Avoid economic and emotional hardships caused by layoff and the stress of looking for new job. HB 1512 Unemployment Insurance Rep. Friend Repeals the changes made to the unemployment insurance law by HEA 1379-2009 (P.L.175-2009) and SEA 23-2010 (P.L.110-2010). HB 1559 Drug testing recipients of assistance Rep. McMillin Requires the division of family resources to develop a program to randomly test individuals applying for or receiving assistance under the federal Temporary Assistance for Needy Families (TANF) program for the use of a controlled substance. Provides that an individual who tests positive for a controlled substance without a prescription is ineligible to receive TANF assistance. Requires the department of workforce development to develop a program to randomly test individuals applying for or receiving benefits under the unemployment insurance program for the use of a controlled substance. Makes other provisions.

Senate Bills Continued... Bills Notes Status SB 13 Income Tax Withholding Sen. Boots Provides that beginning in 2012, an individual may elect to have state income tax and local income tax withheld from unemployment compensation received by the individual. (50-0) SB 86 Unemployment Benefit Qualifications Sen. Leising This bill requires that an applicant for unemployment benefits must state, under penalty of perjury, that the applicant will refrain from the knowing or intentional possession and use of: (1) a controlled substance; or (2) a controlled substance analog; without a valid prescription or an order from a practitioner during the period that the applicant receives benefits if benefits are awarded.- Amendment lists the drugs to be tested SB 182 Evaluation of Agencies and Programs Sen. Delph Provides procedures to evaluate and terminate all state agencies and programs on a ten year cycle. Makes provisions for who performs evaluations. Makes necessary appropriations to implement termination of an agency or agency program. Repeals the current agency evaluation process. SB 207 Use of consumer reports for employment purposes Sen. Taylor and Sen. Randolph Prohibits an employer from using a consumer report for employment purposes unless certain conditions apply. Allows a consumer to bring a civil action against an employer for a violation of this provision. SB 287 Adult Education Sen. Tallian Permits the state board of education to select and contract with an eligible provider to deliver the adult education programs in an area, if the governing body of a school corporation notifies the state board that it declines to provide adult education service SB 331 FSSA matters Sen. Miller Requires a family to be provided a cash assistance benefit of at least $10 under the Temporary Assistance for Needy Families (TANF) program if certain income standards and employment earnings are met. Specifies that access to a child support enforcement program and IMPACT (JOBS) training program are included as TANF services for certain eligible families. Makes various other provisions Passed Committee SB 351 Supplemental Nutrition Assistance Program Eligibility Sen. Broden Provides that an individual who has been convicted of a felony involving a controlled substance and who has completed or is participating in certain substance abuse treatment programs or mental health programs may receive assistance under the federal Supplemental Nutrition Assistance Program for up to 12 months. Requires the department of correction to assist an offender with applying for food stamps. SB 482 Adult Education Sen. Kruse SB 577 Financial Aid Sen. Kenley Assigns to the state workforce innovation council responsibility for the general educational development (GED) diploma program and the planning and implementation of postsecondary career and technical education. Assigns responsibility for adult education to the council and the department of workforce development (DWD). Makes other provisions and conforming Changes. Allows the department of correction to provide financial assistance for tuition, books, and supplies for an incarcerated felony offender who enrolls in a college degree program, and prohibits the state student assistance commission from providing the financial assistance. Makes other provision. (47-3) (32-17)

Indiana Institute for Working Families 1845 W. 18th St. Indianapolis, Indiana 46202 Phone: 317-638-4232 Fax: 317-634-7947 E-mail: jfraser@incap.org