Bill Text: IN HB1009 | 2013 | Regular Session | Amended

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Bill Title: Unemployment compensation.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2013-02-27 - First reading: referred to Committee on Pensions and Labor [HB1009 Detail]

Download: Indiana-2013-HB1009-Amended.html

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February 19, 2013

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HOUSE BILL No. 1009

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DIGEST OF HB 1009 (Updated February 19, 2013 10:11 am - DI 96)

Citations Affected: IC 22-4.

Synopsis: Unemployment compensation. Provides that the commissioner of workforce development, after having computed the rate of contributions due from an employer from an estimate on the basis of the best evidence reasonably available, may increase or decrease the rate of contributions due from the employer on the basis of subsequently ascertained information.

Effective: July 1, 2013.

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Torr

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    January 7, 2013, read first time and referred to Committee on Employment, Labor and Pensions.
    February 19, 2013, amended, reported _ Do Pass.

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February 19, 2013

First Regular Session 118th General Assembly (2013)

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 2012 Regular Session of the General Assembly.

HOUSE BILL No. 1009

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    A BILL FOR AN ACT to amend the Indiana Code concerning labor and safety.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 22-4-11-4; (13)HB1009.1.1. -->     SECTION 1. IC 22-4-11-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) If the commissioner finds that any employer has failed to file any payroll report or has filed a report which the commissioner finds incorrect or insufficient, the commissioner shall make an estimate of the information required from the employer on the basis of the best evidence reasonably available to the commissioner at the time and notify the employer thereof by mail addressed to the employer's last known address. Except as provided in subsection (b), unless the employer files the report or a corrected or sufficient report, as the case may be, within fifteen (15) days after the mailing of the notice, the commissioner shall compute the employer's rate of contribution on the basis of the estimates, and the rate determined in this manner shall be subject to increase but not to reduction or decrease on the basis of subsequently ascertained information. The estimated amount of contribution is considered prima facie correct.
    (b) The commissioner may adjust the amount of contribution

estimated in this manner on the basis of information ascertained after the expiration of the notice period if the employer or other interested party:
        (1) makes an affirmative showing of all facts alleged as a reasonable cause for the failure to timely file any payroll report; and
        (2) submits accurate and reliable payroll reports.