2013 -- S 0573

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LC01441

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- EMPLOYMENT SECURITY--

GENERAL PROVISIONS

     Introduced By: Senators Cool Rumsey, Cote, P Fogarty, Ottiano, and Raptakis

     Date Introduced: February 28, 2013

     Referred To: Senate Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 28-42-38 and 28-42-38.1 of the General Laws in Chapter 28-42

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

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     28-42-38. Records and reports -- Confidentiality of information. -- (a) Every

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employer and every employing unit employing any person in employment in this state shall keep

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true and accurate employment records of all persons employed by him or her, and of the weekly

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hours worked for him or her by each, and of the weekly wages paid by him or her to each person;

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and every employer and employing unit shall keep records containing any other information that

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the director may prescribe. Those records shall at all times be available within this state and shall

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be open to inspection by the director or his or her authorized representatives at any reasonable

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time and as often as the director shall deem necessary.

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      (b) The director may require from any employer, or employing unit, employing any

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person in this state, any reports covering persons employed by him or her, on employment,

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wages, hours, unemployment, and related matters which the director deems necessary to the

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effective administration of chapters 42 -- 44 of this title.

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      (c) (1) Information obtained, or information contained in other records of the department

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obtained from any individual pursuant to the administration of those chapters, shall be held

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confidential by the director and shall not be published or be open to public inspection in any

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manner revealing the individual's or employing unit's identity, but any claimant at a hearing

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provided for in those chapters shall be supplied with information from those records of the extent

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necessary for the proper presentation of his or her claim. Any department employee guilty of

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violating this provision shall be subject to the penalties provided in chapters 42 -- 44 of this title;

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provided, that nothing contained in this subsection shall be construed to prevent:

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      (i) The director, or any qualified attorney whom the director has designated to represent

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him or her in any court of this state, or the attorney general, from making any record, report, or

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other information referred to in this section, available in any proceeding before any court of this

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state in any action to which the director is a party;

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      (ii) The director from making any record, report, or other information referred to in this

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section, available to any agency of this state or any agency of a political subdivision of this state

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charged with the administration of public assistance within this state, or any of its political

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subdivisions;

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      (iii) The director from making any record, report, or other information referred to in this

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section available to the railroad retirement board or to employees of the Internal Revenue Service

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in the performance of their public duties, and the director shall furnish, at the expense of the

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railroad retirement board or the Internal Revenue Service, copies of those records, reports, or

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other information referred to in this section;

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      (iv) The director from making available upon request and on a reimbursable basis, any

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record, report, or other information referred to in this section to the federal Department of Health

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and Human Services in accordance with the provisions of United States P.L. 100-485, Family

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Support Act of 1988, or to the federal Department of Housing and Urban Development and to

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authorized representatives of public housing agencies in accordance with the Stewart B.

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McKinney Homeless Assistance Act, 42 U.S.C. section 11301 et seq.;

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      (v) The director from making available to the Division of Taxation upon request of the

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tax administrator any record, report, or other information referred to in Title 28, Chapter 42 for

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the purposes of compiling the annual unified economic development budget report and

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performing the requirements under subsection 42-142-3(e); enforcing the provisions of Title 28,

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Chapter 42; and/or performing any of its obligations under Title 44. The information received by

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the Division of Taxation from the department of labor and training pursuant hereto pertaining to

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an individual employer shall be held confidential and shall not be open to public inspection.

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Nothing herein shall prohibit the disclosure of statistics and/or statistical data that do not disclose

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the identity of individual employers and/or the contents of specific returns.

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      (vi) The director from making, and the director shall make, reports in the form and

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containing any information that the federal Social Security Administration may from time to time

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require, and complying with any provisions that the federal Social Security Administration may

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from time to time find necessary to assure the correctness and verification of those reports. The

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director shall make available, upon request, to any agency of the United States charged with the

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administration of public works or assistance through public employment, the name, address,

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ordinary occupation, and employment status of each recipient of unemployment compensation

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and a statement of that recipient's rights to further compensation under that law;

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      (vii) The director from conducting any investigations he or she deems relevant in

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connection with these provisions;

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      (viii) The director from conducting any investigations he or she deems relevant in

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connection with the performance of his or her duties pursuant to the administration of the

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chapters 29, 32, 33, 34, 36, 37 and 41 of this title, or from making any record, report, or other

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information referred to in this section available to the Workers' Compensation Fraud Prevention

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Unit for use in the performance of its duties under section 42-16.1-12; or

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      (ix) The director from forwarding, and the director shall forward to the jury

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commissioner, the names and addresses of all individuals who are receiving unemployment

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compensation on a yearly basis in accordance with section 9-9-1(e).

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     (x) The director from providing data on unemployment insurance recipients or any other

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data contained in departmental records that is obtained from an individual pursuant to the

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administration of chapter 42-44 of this title, to the department's designated research partners for

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the purpose of its workforce data quality and workforce innovation fund initiatives. The provision

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of these records will be done in accordance with an approved data-sharing agreement between the

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department and its designated research partners that protects the security and confidentiality of

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these records and through procedures established by protocols, rules and/or regulations as

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determined necessary by the director and appropriately established or promulgated.

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      (2) The director may publish in statistical form the results of any investigations without

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disclosing the identity of the individuals involved.

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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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     (5) Notwithstanding any provisions of chapter 42-44 of this title to the contrary, the

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department may provide employee quarterly wage information to the department's designated

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research partners for the purpose of its workforce data quality and workforce innovation fund

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initiatives. The provision of these records will be done in accordance with an approved data-

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sharing agreement between the department and its designated research partners that protects the

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security and confidentiality of these records and through procedures established by protocols,

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rules and/or regulations as determined necessary by the director and appropriately established or

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promulgated.

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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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LC01441

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- EMPLOYMENT SECURITY--

GENERAL PROVISIONS

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     This act would authorize the department of labor and training to share unemployment

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insurance information with the department's designated research partner for the purpose of its

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workforce data quality initiative.

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     This act would take effect upon passage.

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LC01441

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