Creation of department; powers and duties
Sec. 1. (a) There is created a department under IC 22-4.1-2-1
which shall be known as the department of workforce development.
(b) The department of workforce development may:
(1) Administer the unemployment insurance program, the
Wagner-Peyser program, the Workforce Investment Act, the Job
Training Partnership Act program, including 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 Workforce Investment Act (29 U.S.C. 2801
et seq.), the Job Training Partnership Act (29 U.S.C. 1501 et
seq.), 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 this agency imposed by
this chapter, including contracts for the establishment and
administration of employment and training offices and the
delegation of its administrative, monitoring, and program
responsibilities and duties set forth in this article. Before
executing contracts described by this subdivision, the
department shall give preferential consideration to using
departmental personnel for the provision of services through
local public employment and training offices. Contracting of
Wagner-Peyser services is prohibited where state employees are
laid off due to the diversion of Wagner-Peyser funds.
(7) Perform other services and activities that are specified in
contracts for payments or reimbursement of the costs made with
the Secretary of Labor or with any federal, state, or local public
agency or administrative entity under the Workforce Investment
Act (29 U.S.C. 2801 et seq.), the Job Training Partnership Act
(29 U.S.C. 1501 et seq.), or private nonprofit organization.
(8) Enter into contracts or agreements and cooperate with
entities that provide vocational education to carry out the duties
imposed by this chapter.
(c) The department of workforce development may not enter into
contracts for the delivery of services to claimants or employers under
the unemployment insurance program. The payment of
unemployment compensation must be made in accordance with 26
U.S.C. 3304.
(d) The department of workforce development may do all acts and
things necessary or proper to carry out the powers expressly granted
under this article, including the adoption of rules under IC 4-22-2.
(e) The department of workforce development may not charge any
claimant for benefits for providing services under this article, except
as provided in IC 22-4-17-12.
(f) The department of workforce development shall distribute
federal funds made available for employment training in accordance
with:
(1) 29 U.S.C. 2801 et seq., 29 U.S.C. 1501 et seq., and other
applicable federal laws; and
(2) the plan prepared by the department under subsection (g)(1).
However, the Indiana commission on vocational and technical
education within the department of workforce development shall
distribute federal funds received under 29 U.S.C. 1533.
(g) In addition to the duties prescribed in subsections (a) through
(f), the department of workforce development shall do the following:
(1) Implement to the best of its ability its employment training
programs (as defined in IC 22-4.1-13-3), the comprehensive
vocational education program in Indiana developed under the
long range plan under IC 22-4.1-13-9, and the skills 2016
training program established under IC 22-4-10.5.
(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) Evaluate its programs according to criteria established by
the Indiana commission on vocational and technical education
within the department of workforce development under
IC 22-4.1-13-13.
(4) 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 Workforce Investment Act and the Job
Training Partnership Act.
(5) Distribute state funds made available for employment
training that have been appropriated by the general assembly in
accordance with:
(A) the general assembly appropriation; and
(B) the plan prepared by the department under subdivision
(1).
(6) Establish, implement, and maintain a training program in the
nature and dynamics of domestic and family violence for
training of all employees of the department who interact with a
claimant for benefits to determine whether the claim of the
individual for unemployment benefits is valid and to determine
that employment separations stemming from domestic or family
violence are reliably screened, identified, and adjudicated and
that victims of domestic or family violence are able to take
advantage of the full range of job services provided by the
department. The training presenters shall include domestic
violence experts with expertise in the delivery of direct services
to victims of domestic violence, including using the staff of
shelters for battered women in the presentation of the training.
The initial training shall consist of instruction of not less than
six (6) hours. Refresher training shall be required annually and
shall consist of instruction of not less than three (3) hours.
(Formerly: Acts 1947, c.208, s.1901.) As amended by P.L.18-1987,
SEC.51; P.L.220-1989, SEC.1; P.L.21-1995, SEC.91; P.L.290-2001,
SEC.12; P.L.189-2003, SEC.6; P.L.1-2005, SEC.184.
Last modified: May 27, 2006