2012 -- H 7759

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LC01492

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- EMPLOYMENT SECURITY

     Introduced By: Representatives Carnevale, Slater, Palumbo, and Menard

     Date Introduced: February 16, 2012

     Referred To: House Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 28-42-38.1 of the General Laws in Chapter 28-42 entitled

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"Employment Security - General Provisions" is hereby amended to read as follows:

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     28-42-38.1. Quarterly wage reports. -- (a) (1) The department of labor and training is

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designated and constituted the agency within this state charged with the responsibility of

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collecting quarterly wage information, as required by 42 U.S.C. section 1302b-7. Each employer

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shall be required to submit a detailed wage report to the director, for all calendar quarters within

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thirty (30) days after the end of each quarter in a form and manner prescribed by the director,

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listing each employee's name, social security account number, the total amount of wages paid to

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each employee, and any other information that the director deems necessary. All reports shall be

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in addition to those now required by the department.

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      (2) The department will utilize the quarterly wage information that it collects from

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employers to establish an individual's eligibility for unemployment insurance benefits and to

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determine the amount and duration of benefits for all new claims filed.

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      (3) Notwithstanding any provisions of chapters 42 -- 44 of this title to the contrary, the

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department may utilize employee quarterly wage information submitted by employers to measure

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the progress of the state in meeting the performance measures developed in response to United

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States Public Law 105-220, the Workforce Investment Act of 1998 (see 29 U.S.C. section 2801 et

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seq.), further provided however, that the department may verify certain employee quarterly wage

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information for the local workforce investment board and provide it with the verified data under

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procedures established by rules and regulations promulgated by the director. The director shall

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also make the quarterly wage information available, upon request, to the agencies of other states

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in the performance of their public duties under the Workforce Investment Act of 1998 in that

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state. This information shall be made available only to the extent required by the Secretary of

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Labor and necessary for the valid administrative needs of the authorized agencies, and all

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agencies requesting this data shall protect it from unauthorized disclosure. The department shall

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be reimbursed by the agencies requesting the information for the costs incurred in providing the

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information.

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      (4) Notwithstanding any provisions of chapters 42 -- 44 of this title to the contrary, the

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department may provide quarterly wage information to the United States Census Bureau for the

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purpose of participating in a joint local employment dynamics program with the United States

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Census Bureau and the Bureau of Labor Statistics.

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      (b) Notwithstanding any inconsistent provisions of chapters 42 -- 44 of this title, an

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employer who fails to file a detailed wage report in the manner and at the times required by

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subsection (a) of this section for any calendar quarter shall pay a penalty of twenty-five dollars

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($25.00) for each failure or refusal to file. An additional penalty of twenty-five dollars ($25.00)

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shall be assessed for each month the report is delinquent; provided, that this penalty shall not

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exceed one hundred and fifty dollars ($150) for any one report. This penalty shall be paid into the

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employment security tardy account fund and if any employer fails to pay the penalty, when

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assessed, it shall be collected by civil action as provided in section 28-43-18.

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     SECTION 2. This act shall take effect upon passage.

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LC01492

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- EMPLOYMENT SECURITY

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     This act would allow the department of labor and training to verify employee quarterly

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wage report information for the Workforce Investment Board.

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     This act would take effect upon passage.

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LC01492

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