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S1043.......................................by COMMERCE AND HUMAN RESOURCES UNEMPLOYMENT - Amends existing law to revise the civil penalty structure for willful failure to timely file an employer's quarterly report under the Employment Security Law. 01/19 Senate intro - 1st rdg - to printing 01/22 Rpt prt - to Com/HuRes 02/14 Rpt out - rec d/p - to 2nd rdg 02/15 2nd rdg - to 3rd rdg 02/20 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett, Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk NAYS -- None Absent and excused -- None Floor Sponsor - Davis Title apvd - to House 02/21 House intro - 1st rdg - to Com/HuRes 03/02 Rpt out - rec d/p - to 2nd rdg 03/05 2nd rdg - to 3rd rdg 03/06 3rd rdg - PASSED - 61-4-5 AYES -- Anderson, Bayer, Bell, Bilbao, Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Henbest, Henderson, Jaquet, Killen, King, Kren, Lake, LeFavour, Luker, Marriott, Mathews, McGeachin, Mortimer, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Mr. Speaker NAYS -- Andrus, Barrett, Harwood, Loertscher Absent and excused -- Bedke, Black, Labrador, Moyle, Wood(35) Floor Sponsor - Trail Title apvd - to Senate 03/07 To enrol 03/08 Rpt enrol - Pres signed - Sp signed 03/09 To Governor 03/13 Governor signed Session Law Chapter 64 Effective: 03/13/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE SENATE SENATE BILL NO. 1043 BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO THE EMPLOYMENT SECURITY LAW; AMENDING SECTION 72-1372, IDAHO CODE, 3 TO REVISE THE CIVIL PENALTY STRUCTURE FOR WILLFUL FAILURE TO TIMELY FILE 4 AN EMPLOYER'S QUARTERLY REPORT; AND DECLARING AN EMERGENCY. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 72-1372, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 72-1372. CIVIL PENALTIES. (1) The following civil penalties shall be 9 assessed by the director: 10 (a) If a determination is made finding that an employer willfullyfails11to file any report required by the director or filesfiled a false report, 12 a monetary penalty equal to one hundred percent (100%) of the amount that 13 would be due if the employer had filed a correct report or two hundred 14 fifty dollars ($250), whichever is greater, shall be added to the liabil- 15 ity of the employer for each quarter for which the employerfailed to file16a report orwillfully filed a false report. For the purposes of this sec- 17 tion, a false report includes, but is not limited to, a report for a 18 period wherein an employer pays remuneration for personal services which 19 meets the definition of "wages" under section 72-1328, Idaho Code, and the 20 payment is concealed, hidden, or otherwise not reported to the department. 21 (b) If a determination is made finding that an employer willfully failed 22 to file the employer's quarterly unemployment insurance tax report when 23 due, the director shall assess a monetary penalty equal to: 24 (i) Seventy-five dollars ($75.00) or twenty-five percent (25%) of 25 the amount that would be due if the employer had filed a timely quar- 26 terly report, whichever is greater, if the employer had not been 27 found in any previous determination to have willfully failed to file 28 a timely quarterly report for any of the sixteen (16) preceding con- 29 secutive calendar quarters; or 30 (ii) One hundred fifty dollars ($150) or fifty percent (50%) of the 31 amount that would be due if the employer had filed a timely quarterly 32 report, whichever is greater, if the employer had been found in any 33 previous determination to have willfully failed to file a timely 34 quarterly report for no more than one (1) of the sixteen (16) preced- 35 ing consecutive calendar quarters; or 36 (iii) Two hundred fifty dollars ($250) or one hundred percent (100%) 37 of the amount that would be due if the employer had filed a timely 38 quarterly report, whichever is greater, if the employer had been 39 found in any previous determination or determinations to have will- 40 fully failed to file a timely quarterly report for two (2) or more of 41 the sixteen (16) preceding consecutive calendar quarters. 42 (c) If a determination is made finding that an employer, or any officer 43 or agent or employee of the employer with the employer's knowledge, will- 2 1 fullymakesmade a false statement or representation or willfullyfails2 failed to report a material fact when submitting facts to the department 3 concerning a claimant's separation from the employer, a penalty in an 4 amount equal to ten (10) times the weekly benefit amount of such claimant 5 shall be added to the liability of the employer. 6 (cd) If a determination is made finding that an employerinduces,7solicits,has induced, solicited orcoercescoerced an employee or former 8 employee to file a false or fraudulent claim for benefits under this chap- 9 ter, a penalty in an amount equal to ten (10) times the weekly benefit 10 amount of such employee or former employee shall be added to the liability 11 of the employer. 12 (de) If a determination is made finding that an employerfailsfailed to 13 complete and submit an Idaho business registration form when due, as 14 required by section 72-1337(1), Idaho Code, a penalty of five hundred dol- 15 lars ($500) shall be assessed against the employer. 16 (ef) For purposes of paragraphs(b) and(c) and (d) of this subsection 17 (1), the term "weekly benefit amount" means the amount calculated pursuant 18 to section 72-1367(2), Idaho Code. 19 (2) At the discretion of the director, the department may waive all or 20 any part of the penalties imposed pursuant to this section if the employer 21 shows to the satisfaction of the director that it had good cause for failing 22 to comply with the requirements of this chapter and rules promulgated thereun- 23 der. 24 (3) Determinations imposing civil penalties pursuant to this section 25 shall be served in accordance with section 72-1368(5), Idaho Code. Penalties 26 imposed pursuant to this section shall be due and payable twenty (20) days 27 after the date the determination was served unless an appeal is filed in 28 accordance with section 72-1368, Idaho Code, and rules promulgated thereunder. 29 Such appeals shall be conducted in accordance with section 72-1368, Idaho 30 Code, and rules promulgated thereunder. 31 (4) Civil penalties imposed by this section shall be in addition to any 32 other penalties authorized by this chapter. The provisions of this chapter 33 that apply to the collection of contributions, and the rules promulgated 34 thereunder, shall also apply to the collection of penalties imposed pursuant 35 to this section. Amounts collected pursuant to this section shall be paid into 36 the state employment security administrative and reimbursement fund as estab- 37 lished by section 72-1348, Idaho Code. 38 SECTION 2. An emergency existing therefor, which emergency is hereby 39 declared to exist, this act shall be in full force and effect on and after its 40 passage and approval.
STATEMENT OF PURPOSE RS l6535C1 Section 72-1372, Idaho Code, imposes a civil penalty on employers who fail to file tax reports when due. The current penalty is equal to 100% of the amount that would be due if the employer had filed the report on time, or $250, whichever is greater. The Department of Commerce and Labor has received comments from the public that the current penalty is too severe. This amendment would reduce the civil penalty for the first and second offenses. It also ties the amount of the penalty to the number of recent offenses. Grammatical changes have also been made for clarity. FISCAL NOTE The amendment will not impact the State General Fund. It will likely decrease revenue to the Department s Employment Security Administrative and Reimbursement Fund (Section 72-1348, Idaho Code) and will slightly increase administrative costs. CONTACT Name: Mark Whitworth Agency: Commerce and Labor, Dept. of Phone: 332-3570 STATEMENT OF PURPOSE/FISCAL NOTE S 1043