Chapter 020
2012 -- S 2228
Enacted 04/09/12
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
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.), further provided however, that the
department may verify certain employee quarterly wage
information for the local workforce investment board and provide
it with the verified data under
procedures established by rules and regulations promulgated by
the director. 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
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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LC00175
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