Bill Text: IN HB1312 | 2013 | Regular Session | Enrolled
Bill Title: EARN Indiana program.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2013-05-13 - Public Law 272 [HB1312 Detail]
Download: Indiana-2013-HB1312-Enrolled.html
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
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.
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HOUSE ENROLLED ACT No. 1312
AN ACT to amend the Indiana Code concerning higher education.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 21-16-1-4.5; (13)HE1312.1.1. -->
SECTION 1. IC 21-16-1-4.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 4.5. "EARN Indiana program" refers to the
employment aid readiness network Indiana program established
under IC 21-16-2-1.
SOURCE: IC 21-16-1-6; (13)HE1312.1.2. -->
SECTION 2. IC 21-16-1-6, AS ADDED BY P.L.2-2007, SECTION
257, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 6. "Eligible employer" means:
(1)for purposes of the summer work study program:
(A) an approved postsecondary educational institution;
(B) (2) a state or local governmental unit; or
(C) (3) a private nonprofit organization located in Indiana
performing work in the public interest; and or
(2) for purposes of the in school work study program, an approved
postsecondary educational institution.
(4) a for-profit company.
(1)
(4) a for-profit company.
SOURCE: IC 21-16-1-8; (13)HE1312.1.3. -->
SECTION 3. IC 21-16-1-8, AS ADDED BY P.L.2-2007, SECTION
257, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 8. "Eligible student" means a student who:
(1) has been offered a financial aid award from the commission under IC 21-12-3, IC 21-12-4, or IC 21-12-6 for the current academic year; and
(2) is enrolled as a full-time student at an approved institution of higher education in Indiana.
(1) for purposes of the summer work study program, a student
who:
(A) has completed at least one (1) academic year as a full-time
student at an approved institution of higher education in
Indiana; and
(B) has received a financial aid award from the commission
for the immediately preceding academic year; and
(2) for purposes of the in school work study program, a student
who:
(A) is enrolled as a full-time student at an approved institution
of higher education in Indiana; and
(B) has received a financial aid award from the commission
for the current academic year.
(1) has been offered a financial aid award from the commission under IC 21-12-3, IC 21-12-4, or IC 21-12-6 for the current academic year; and
(2) is enrolled as a full-time student at an approved institution of higher education in Indiana.
SOURCE: IC 21-16-1-10; (13)HE1312.1.4. -->
SECTION 4. IC 21-16-1-10, AS AMENDED BY SEA 532-2013,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 10. "Fund":
(1) for purposes of IC 21-16-2, refers to thecollege work study
EARN Indiana fund established by IC 21-16-2-2; and
(2) for purposes of IC 21-16-4, refers to the student loan program fund established by IC 21-16-4-11.
(1) for purposes of IC 21-16-2, refers to the
(2) for purposes of IC 21-16-4, refers to the student loan program fund established by IC 21-16-4-11.
SOURCE: IC 21-16-2-1; (13)HE1312.1.5. -->
SECTION 5. IC 21-16-2-1, AS ADDED BY P.L.2-2007, SECTION
257, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 1. There is established a college work study program an
employment aid readiness network (EARN) Indiana program to be
administered by the commission.
SOURCE: IC 21-16-2-2; (13)HE1312.1.6. -->
SECTION 6. IC 21-16-2-2, AS ADDED BY P.L.234-2007,
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2. (a) The college work study EARN Indiana
fund is established to provide reimbursement to eligible employers who
enter into agreements with the commission under this chapter.
(b) The fund consists of appropriations from the state general fund and contributions from private sources.
(c) The expenses of administering the fund shall be paid from money in the fund.
(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a particular fiscal year does not revert to the state general fund but remains available to be used for
(b) The fund consists of appropriations from the state general fund and contributions from private sources.
(c) The expenses of administering the fund shall be paid from money in the fund.
(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a particular fiscal year does not revert to the state general fund but remains available to be used for
providing reimbursements under this chapter.
SOURCE: IC 21-16-2-3; (13)HE1312.1.7. -->
SECTION 7. IC 21-16-2-3, AS ADDED BY P.L.2-2007, SECTION
257, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 3. In order to implement the provisions of this chapter,
the commission shall enter into agreements with eligible employers for
the operation of work study programs the EARN Indiana program as
provided in this chapter.
SOURCE: IC 21-16-2-4; (13)HE1312.1.8. -->
SECTION 8. IC 21-16-2-4, AS ADDED BY P.L.2-2007, SECTION
257, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 4. An agreement entered into under this chapter must:
(1) provide forthe part-time employment by the eligible employer
of eligible students:
(A) for a minimum average of twelve (12) hours per week; and
(A) (B) a maximum average of: nineteen (19) hours per week
for the in school program; and
(B) a maximum of
(i) twenty (20) hours per week, if the student is enrolled in courses at the time of employment; or
(ii) forty (40) hours per weekfor the summer program; if the
employment occurs during the summer term and the
student is not enrolled in courses during the summer
term;
(2) provide for the reimbursement, to the extent possible under the then current biennial appropriation, by the state to the employer of at least fifty percent (50%) of the federal minimum hourly wage for each hour worked by the student for the employer;
(3) provide that any work performed by a student under this chapter must not result in the displacement of employed workers or impair existing contracts for services;
(4) provide that any work performed by a student under this chapter shall not involve any partisan or nonpartisan political or sectarian activities;
(5) provide that wage rates must be established by the eligibleinstitution, employer, but must not be less than the current
federal minimum wage rate; and
(6) contain any other provisions necessary to carry out this chapter.
(1) provide for
(A) for a minimum average of twelve (12) hours per week; and
(i) twenty (20) hours per week, if the student is enrolled in courses at the time of employment; or
(ii) forty (40) hours per week
(2) provide for the reimbursement, to the extent possible under the then current biennial appropriation, by the state to the employer of at least fifty percent (50%) of the federal minimum hourly wage for each hour worked by the student for the employer;
(3) provide that any work performed by a student under this chapter must not result in the displacement of employed workers or impair existing contracts for services;
(4) provide that any work performed by a student under this chapter shall not involve any partisan or nonpartisan political or sectarian activities;
(5) provide that wage rates must be established by the eligible
(6) contain any other provisions necessary to carry out this chapter.
SOURCE: IC 21-16-2-5; (13)HE1312.1.9. -->
SECTION 9. IC 21-16-2-5 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 5. An eligible employer that is an approved postsecondary
educational institution that wishes to participate in the work study
program under this chapter must:
(1) submit a statement to the commission no later than August 1
of each year setting out the amount of money the approved
postsecondary educational institution plans to use for work study
employment in the next academic year;
(2) submit a statement to the commission at the close of the
academic year specifying the amount of money actually expended
by the approved postsecondary educational institution for work
study employment that qualifies for reimbursement under this
chapter;
(3) sign an agreement to administer the program according to the
published rules and program guidelines as outlined by the
commission;
(4) place students in an on campus or off campus work situation;
and
(5) participate in the Job Location and Development Program of
the federal Work-Study Program (42 U.S.C. 2756(a)) and
maintain at least one (1) employee half time to carry out the
provisions of that program, or maintain a job placement and
development program that is acceptable to the commission.
SOURCE: IC 21-16-2-6; (13)HE1312.1.10. -->
SECTION 10. IC 21-16-2-6 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 6. An approved postsecondary educational institution may
use up to ten percent (10%) of its state allotment as part of its match
against the federal Work-Study Program.
SOURCE: IC 21-16-2-7; (13)HE1312.1.11. -->
SECTION 11. IC 21-16-2-7, AS ADDED BY P.L.2-2007,
SECTION 257, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 7. An eligible employer other than
an approved postsecondary educational institution governed by section
6 of this chapter, that wishes to participate in the work-study EARN
Indiana program under this chapter must:
(1) submit to the commission, by the date specified by the commission and in the format specified by the commission, astatement to the commission no later than June 1 of each year
setting out the amount of money the employer plans to use for
work study employment in the next year; job description for
each job that the eligible employer will offer to eligible
students under the program;
(2) submit to the commission, by the date specified by the commission,a statement to the commission at the close of the
year specifying the amount of money actually expended by the
employer for work study employment that qualifies for
reimbursement under this chapter; one (1) or more statements
(1) submit to the commission, by the date specified by the commission and in the format specified by the commission, a
(2) submit to the commission, by the date specified by the commission,
reporting:
(A) the wages paid by the eligible employer to each eligible
student; and
(B) the amount of time worked by each eligible student
employed by the eligible employer; and
(3) sign an agreement agreeing to administer the program
according to the published rules and program guidelines as
outlined by the commission.
SOURCE: IC 21-16-2-8; (13)HE1312.1.12. -->
SECTION 12. IC 21-16-2-8, AS ADDED BY P.L.2-2007,
SECTION 257, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 8. Funds received by students under
this chapter for work during summer periods must not be considered as
financial aid and must not be used in determining awards under the
provisions of IC 21-12-3, IC 21-12-4, and IC 21-12-5.
SOURCE: IC 21-16-2-9; (13)HE1312.1.13. -->
SECTION 13. IC 21-16-2-9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 9. In entering into agreements under section 3 of this
chapter with eligible employers described in IC 21-16-1-6(4), the
commission shall give priority to eligible employers that are
organized as small businesses.
HEA 1312
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