2015 Indiana Code TITLE 22. LABOR AND SAFETY ARTICLE 4.1. DEPARTMENT OF WORKFORCE DEVELOPMENT CHAPTER 4. DUTIES
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IC 22-4.1-4
Chapter 4. Duties
IC 22-4.1-4-1
Duties transferred from repealed workforce development
initiatives
Sec. 1. The department may undertake duties identified by the
commissioner as related to workforce development initiatives that
were required of or authorized to be undertaken before July 1, 1994,
by:
(1) the department of employment and training services
(repealed);
(2) the office of workforce literacy established by
IC 22-4.1-10-1 (repealed); or
(3) the Indiana commission for career and technical education
established by IC 22-4.1-13-6 (repealed).
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; P.L.69-2015,
SEC.31.
IC 22-4.1-4-1.5
Powers and duties
Sec. 1.5. (a) The department shall do the following:
(1) Administer the Wagner-Peyser program, the WIOA, a free
public labor exchange, and related federal and state employment
and training programs as directed by the governor.
(2) Formulate and implement an employment and training plan
as required by the WIOA, and the Wagner-Peyser Act (29
U.S.C. 49 et seq.).
(3) Coordinate activities with all state agencies and departments
that either provide employment and training related services or
operate appropriate resources or facilities, to maximize Indiana's
efforts to provide employment opportunities for economically
disadvantaged individuals, dislocated workers, and others with
substantial barriers to employment.
(4) Apply for, receive, disburse, allocate, and account for all
funds, grants, gifts, and contributions of money, property, labor,
and other things of value from public and private sources,
including grants from agencies and instrumentalities of the state
and the federal government.
(5) Enter into agreements with the United States government
that may be required as a condition of obtaining federal funds
related to activities of the department.
(6) Enter into contracts or agreements and cooperate with local
governmental units or corporations, including profit or nonprofit
corporations, or combinations of units and corporations to carry
out the duties of the department imposed by this chapter,
including contracts for the establishment and administration of
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employment and training offices and the delegation of the
department's administrative, monitoring, and program
responsibilities and duties set forth in this article.
(7) Perform other services and activities that are specified in
contracts for payments or reimbursement of the costs made with
the Secretary of Labor, any federal, state, or local public agency
or administrative entity, or a private for-profit or nonprofit
organization under the WIOA.
(8) Enter into contracts or agreements and cooperate with
entities that provide career and technical education to carry out
the duties imposed by this article.
(b) The department shall distribute federal funds made available
for employment training in accordance with:
(1) the WIOA, and other applicable federal laws; and
(2) the plan prepared by the department under subsection (c)(1).
(c) In addition to the duties prescribed in subsections (a) and (b),
the department shall do the following:
(1) Implement the postsecondary career and technical education
programming plan prepared by the council under
IC 22-4.1-19-4.
(2) Upon request of the budget director, prepare a legislative
budget request for state and federal funds for employment
training. The budget director shall determine the period to be
covered by the budget request.
(3) Make or cause to be made studies of the needs for various
types of programs that are related to employment training and
authorized under the WIOA.
(4) Distribute state funds made available for employment
training that have been appropriated by the general assembly in
accordance with the general assembly appropriation.
As added by P.L.69-2015, SEC.32.
IC 22-4.1-4-2
Repealed
(As added by P.L.257-1997(ss), SEC.35. Amended by
P.L.290-2001, SEC.34; P.L.131-2009, SEC.4; P.L.154-2013, SEC.8.
Repealed by P.L.69-2015, SEC.33.)
IC 22-4.1-4-3
Training program priority for National Guard members and
spouses
Sec. 3. (a) As used in this section, "active duty" means full-time
service in the National Guard for more than thirty (30) consecutive
days 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
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(2) serves on active duty.
(d) Unless otherwise provided by federal law, the department shall
give a member of the National Guard or the spouse of a member of
the National Guard priority for placement in any federal or state
employment or training program administered by the department if
the member or the member's spouse:
(1) submits documentation satisfactory to the department
establishing 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 the
National Guard expires one (1) year after the date the member is
discharged or released from active duty.
(f) The priority status under subsection (d) for the spouse of a
member of the National Guard expires on the date the member is
discharged or released from active duty.
As added by P.L.11-2007, SEC.1.
IC 22-4.1-4-4
Repealed
(As added by P.L.164-2009, SEC.4. Repealed by P.L.69-2015,
SEC.34.)
IC 22-4.1-4-5
Repealed
(As added by P.L.172-2011, SEC.129. Repealed by P.L.69-2015,
SEC.35.)
IC 22-4.1-4-6
Allocation of funds for adult and dislocated worker training
Sec. 6. (a) This section applies to state fiscal years beginning after
June 30, 2014.
(b) The council shall allocate as provided in this section a
percentage of the funds made available to Indiana under the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) for adult
and dislocated worker training described in 29 U.S.C. 2864(d)(4)(D)
for performance based funding training.
(c) The following conditions apply to amounts awarded under
subsection (b):
(1) Only a provider approved by the council is eligible to
provide the performance based funding training described in
subsection (b), with priority given to a provider that assists in
job placement activities after the training is completed.
(2) The council shall establish performance based funding
criteria for eligible training providers.
(3) Training is limited to training that leads to occupations:
(A) that the department has categorized as high demand, high
wage jobs; and
(B) that are tied to existing employer demand in the region
in which the training is offered.
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(4) Training must be available to eligible individuals who have
received a high school diploma or equivalency certificate.
(5) Training is limited to training that leads to:
(A) industry recognized credentials as designated by the
department; or
(B) associate degrees.
(d) The department shall report to the Indiana workforce
intelligence system established by IC 22-4.5-10-3 the following data
for each individual who receives training provided under this section:
(1) The name and address of the training provider.
(2) The amount of funding that was provided for the training.
(3) The outcome or results of the training, including any license,
credential, or degree awarded, or the job obtained by the
individual.
(e) This section expires July 1, 2015.
As added by P.L.46-2014, SEC.6. Amended by P.L.69-2015, SEC.36.
IC 22-4.1-4-7
Information sharing; business formation
Sec. 7. The department shall, in coordination with the secretary of
state, use the Internet web site established under IC 4-5-10 to share
information with other state agencies and to provide a single point of
contact for any person to accomplish the following:
(1) Completing and submitting an application for a license,
registration, or permit that is issued by the department and that
is required for the applicant to transact business in the state.
(2) Filing with the department documents that are required for
the filer to transact business in the state.
(3) Remitting payments for any fee that must be paid to the
department for a payer to transact business in the state,
including application fees, filing fees, license fees, permit fees,
and registration fees.
As added by P.L.146-2014, SEC.3.
IC 22-4.1-4-8
Annual report of training activities by department or workforce
service areas
Sec. 8. (a) The department annually shall prepare a written report
of its training activities and the training activities of the workforce
service area during the immediately preceding state fiscal year. The
department's annual report for a particular state fiscal year must
include information for each training project for which either the
department or the workforce service area provided any funding
during that state fiscal year. At a minimum, the following information
must be provided for each training project:
(1) A description of the training project, including the name and
address of the training provider.
(2) The amount of funding that either the department or the
workforce service area provided for the project and an
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indication of which entity provided the funding.
(3) The number of trainees who participated in the project.
(4) Demographic information about the trainees, including:
(A) the age of each trainee;
(B) the education attainment level of each trainee; and
(C) for those training projects that have specific gender
requirements, the gender of each trainee.
(5) The results of the project, including:
(A) skills developed by trainees;
(B) any license or certification associated with the training
project;
(C) the extent to which trainees have been able to secure
employment or obtain better employment; and
(D) descriptions of the specific jobs which trainees have been
able to secure or to which trainees have been able to
advance.
(b) With respect to trainees that have been able to secure
employment or obtain better employment, the department shall
compile data on the retention rates of those trainees in the jobs which
the trainees secured or to which they advanced. The department shall
include information concerning those retention rates in each of its
annual reports.
(c) On or before October 1 of each state fiscal year, each
workforce service area shall provide the department with a written
report of its training activities for the immediately preceding state
fiscal year. The workforce service area shall prepare the report in the
manner prescribed by the department. However, at a minimum, the
workforce service area shall include in its report the information
required by subsection (a) for each training project for which the
workforce service area provided any funding during the state fiscal
year covered by the report. In addition, the workforce service area
shall include in each report retention rate information as set forth in
subsection (b).
(d) The department shall provide a copy of its annual report for a
particular state fiscal year to the:
(1) governor;
(2) legislative council; and
(3) unemployment insurance board;
on or before December 1 of the immediately preceding state fiscal
year. An annual report provided under this subsection to the
legislative council must be in an electronic format under IC 5-14-6.
As added by P.L.69-2015, SEC.37.
IC 22-4.1-4-9
Labor market demand and average wage level reports for
department of education
Sec. 9. (a) Before December 1 of each year, the department shall
provide the department of education (established by IC 20-19-3-1)
with a report, to be used to determine career and technical education
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grant amounts in the state fiscal year beginning after the year in
which the report is provided, listing whether the labor market demand
for each generally recognized labor category is more than moderate,
moderate, or less than moderate. In the report, the department shall
categorize each of the career and technical education programs using
the following four (4) categories:
(1) Programs that address employment demand for individuals
in labor market categories that are projected to need more than
a moderate number of individuals.
(2) Programs that address employment demand for individuals
in labor market categories that are projected to need a moderate
number of individuals.
(3) Programs that address employment demand for individuals
in labor market categories that are projected to need less than a
moderate number of individuals.
(4) All programs not covered by the employment demand
categories of subdivisions (1) through (3).
(b) Before December 1 of each year, the department shall provide
the department of education with a report, to be used to determine
grant amounts that will be distributed under IC 20-43-8 in the state
fiscal year beginning after the year in which the report is provided,
listing whether the average wage level for each generally recognized
labor category for which career and technical education programs are
offered is a high wage, a moderate wage, or a less than moderate
wage.
(c) In preparing the labor market demand report under subsection
(a) and the average wage level report under subsection (b), the
department shall, if possible, list the labor market demand and the
average wage level for specific regions, counties, and municipalities.
(d) If a new career and technical education program is created by
rule of the state board of education, the department shall determine
the category in which the program should be included.
As added by P.L.69-2015, SEC.38.
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