Introduced By: Representative Callahan
Date Introduced : February 2, 1999
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 hereby 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 beginning on or after January 1, 1988 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 on or after October 1, 1989.
{ADD (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. 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. ADD}
(b) Notwithstanding any inconsistent provisions of chapters 42 -- 44 of this title, an employer who fails to file a detailed wage report in such manner and at such times as required by subsection (a) for any calendar quarter beginning on or after July 1, 1988 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, however, that the foregoing 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.
