Chapter
276
2005 -- S 0360
Enacted 07/13/05
A N A C T
RELATING TO LABOR AND LABOR RELATIONS -- EMPLOYMENT SECURITY -- GENERAL PROVISIONS
Introduced By: Senator Kevin A. Breene
Date
Introduced: February 09, 2005
It is enacted
by the General Assembly as follows:
SECTION
1. Section 28-42-38.1 of the General Laws in Chapter 28-42 entitled
"Employment
Security - General Provisions" is hereby amended to read as follows:
28-42-38.1.
Quarterly wage reports. -- (a) (1) The department of labor and training
is
designated
and constituted the agency within this state charged with the responsibility of
collecting
quarterly wage information, as required by 42 U.S.C. section 1302b-7. Each
employer
shall be
required to submit a detailed wage report to the director, for all calendar
quarters within
thirty
(30) days after the end of each quarter in a form and manner prescribed by the
director,
listing
each employee's name, social security account number, the total amount of wages
paid to
each
employee, and any other information that the director deems necessary. All
reports shall be
in
addition to those now required by the department.
(2) The department will utilize the quarterly wage information that it collects
from
employers
to establish an individual's eligibility for unemployment insurance benefits
and to
determine
the amount and duration of benefits for all new claims filed.
(3) Notwithstanding any provisions of chapters 42 -- 44 of this title to the contrary,
the
department
may utilize employee quarterly wage information submitted by employers to
measure
the
progress of the state in meeting the performance measures developed in response
to United
States
Public Law 105-220, the Workforce Investment Act of 1998 (see 29 U.S.C. section
2801 et
seq.).
The director shall also make the quarterly wage information available, upon
request, to the
agencies
of other states in the performance of their public duties under the Workforce
Investment
Act of
1998 in that state. This information shall be made available only to the extent
required by
the
Secretary of Labor and necessary for the valid administrative needs of the
authorized
agencies,
and all agencies requesting this data shall protect it from unauthorized
disclosure. The
department
shall be reimbursed by the agencies requesting the information for the costs
incurred
in
providing the information.
(4)
Notwithstanding any provisions of chapters 42-44 of this title to the contrary,
the
department
may provide quarterly wage information to the United States Census Bureau for
the
purpose
of participating in a joint local employment dynamics program with the United
States
Census
Bureau and the Bureau of Labor Statistics.
(b) Notwithstanding any inconsistent provisions of chapters 42 -- 44 of this
title, an
employer
who fails to file a detailed wage report in the manner and at the times
required by
subsection
(a) of this section for any calendar quarter shall pay a penalty of twenty-five
dollars
($25.00)
for each failure or refusal to file. An additional penalty of twenty-five
dollars ($25.00)
shall be
assessed for each month the report is delinquent; provided, that this penalty
shall not
exceed
one hundred and fifty dollars ($150) for any one report. This penalty shall be
paid into the
employment
security tardy account fund and if any employer fails to pay the penalty, when
assessed,
it shall be collected by civil action as provided in section 28-43-18.
SECTION 2. This act
shall take effect upon passage.
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LC01519
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