2012 -- S 2228

=======

LC00175

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- EMPLOYMENT SECURITY

     Introduced By: Senators Ruggerio, Goodwin, Miller, Jabour, and Pichardo

     Date Introduced: January 24, 2012

     Referred To: Senate Labor

It is enacted by the General Assembly as follows:

1-1

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

1-2

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

1-3

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

1-4

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

1-5

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

1-6

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

1-7

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

1-8

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

1-9

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

1-10

in addition to those now required by the department.

1-11

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

1-12

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

1-13

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

1-14

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

1-15

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

1-16

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

1-17

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

1-18

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

1-19

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

1-20

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

2-1

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

2-2

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

2-3

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

2-4

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

2-5

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

2-6

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

2-7

information.

2-8

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

2-9

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

2-10

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

2-11

Census Bureau and the Bureau of Labor Statistics.

2-12

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

2-13

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

2-14

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

2-15

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

2-16

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

2-17

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

2-18

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

2-19

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

2-20

     SECTION 2. This act shall take effect upon passage.

=======

LC00175

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- EMPLOYMENT SECURITY

***

3-1

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

3-2

wage report information for the Workforce Investment Board.

3-3

     This act would take effect upon passage.

=======

LC00175

=======