Amended in Senate July 7, 2015

Amended in Assembly May 11, 2015

Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1245

Introduced by Assembly Member Cooley

February 27, 2015

An act to amend Sections 1088, 1110, 1112, 1114, 13002, and 13021 of, and to add Section 1112.1 to, the Unemployment Insurance Code, relating to unemployment insurance.

LEGISLATIVE COUNSEL’S DIGEST

AB 1245, as amended, Cooley. Unemployment insurance: electronic reporting and funds transfers.

(1) Existing law provides for unemployment compensation benefits for eligible individuals in the state who are unemployed through no fault of their own. Existing law requires an employer, as defined, to file a report of contributions, a quarterly return, a report of wages paid, and an annual reconciliation return, as specified, to the Director of Employment Development and to make contributions for unemployment insurance premiums. Existing law provides that an electronic funds transfer of contributions satisfies the report of contributions filing requirements.

This bill, beginning on January 1, 2017, would require an employer with 10 or more employees to file all reports and returns electronically and remit all contributions for unemployment insurance premiums by electronic funds transfer, except as provided. The bill, beginning on January 1, 2018, would extend the application of these electronic filing and fund transfer requirements to all employers. The bill would authorize the granting of a waiver from these requirements, as specified. The bill would impose a penalty of $50 on those employers who fail to file a quarterly return electronically without good cause, and begin delete would end delete begin insert would, end insert until January 1, 2019, exempt certain employers’ timely nonelectronic filings from that penalty.

(2) Existing law imposes a 15% penalty on an employer who fails to timely pay the contributions and imposes a $20 penalty for each unreported wage item.

This bill would extend those penalties to an employer, subject to the above-described electronic filing requirements, who fails to file the required reports electronically and would, on and after January 1, 2017, and until January 1, 2019, exempt certain employers from those penalties.

(3) Existing law requires employers to withhold income taxes each calendar quarter, file a withholding report, a quarterly return, a report of wages, and pay over the taxes required to be withheld.

This bill, beginning on January 1, 2017, would require an employer subject to the above-described electronic filing requirements to remit the withheld taxes by electronic funds transfer. The bill would authorize a waiver from these requirements, as specified.

The bill would also make related conforming changes.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 1088 of the Unemployment Insurance
Code is amended to read:

1088.  

(a) (1) Each employer shall file with the director within
the time required by subdivision (a) or (d) of Section 1110 for
payment of employer contributions, a report of contributions, a
quarterly return, and a report of wages paid to the employer’s
workers in the form and containing any information as the director
prescribes. An electronic funds transfer of contributions pursuant
to subdivision (f) of Section 1110 shall satisfy the requirement for
a report of contributions. The quarterly return shall include the
total amount of wages, employer contributions required under
Sections 976 and 976.6, worker contributions required under
Section 984, the amounts required to be withheld under Section
13020, or withheld under Section 13028, and any other information
as the director shall prescribe. The report of wages shall include
individual amounts required to be withheld under Section 13020
or withheld under Section 13028.

(2) (A) In order to enhance efforts to reduce tax fraud and to
reduce the personal income tax reporting burden, effective January
1, 1997, the report of wages shall also include the full first name
of the employee and total wages, as defined in Section 13009, paid
to each employee. This paragraph shall apply to reports of wages
for all periods ending on or before December 31, 1999.

(B) For all periods beginning on or after January 1, 2000, the
report of wages shall also include total wages subject to personal
income tax, as defined in Section 13009.5, paid to each employee.

(b) Each employer shall file with the director within the time
required by subdivision (b) or (d) of Section 1110 for payment of
worker contributions, a report of contributions containing the
employer’s business name, address, and account number, the total
amount of worker contributions due, and any other information as
the director shall prescribe. The director shall prescribe the form
for the report of contributions. An electronic funds transfer of
contributions pursuant to subdivision (f) of Section 1110 shall
satisfy the requirement for a report of contributions.

(c) In addition to the report of contributions, quarterly return,
and report of wages required by employers under subdivision (a),
an individual who has elected coverage under subdivision (a) of
Section 708 is also required to file a separate report of
contributions, and quarterly return, subject to Part 2 (commencing
with Section 2601).

(d) Any employer making an election under subdivision (d) of
Section 1110 shall submit the report of wages described in
subdivision (a), within the time required for submitting employer
contributions under subdivision (a) of Section 1110.

(e) For purposes of making a report of wages under subdivision
(a), employers that are required under Section 6011 of the Internal
Revenue Code and authorized regulations thereunder to file
magnetic media returns, shall, within 90 days of becoming subject
to this requirement, do one of the following:

(1) File any subsequent reports of wages electronically.

(2) Establish to the satisfaction of the director that there is a
lack of automation, a severe economic hardship, a current
exemption from submitting magnetic media or electronic
information returns for federal purposes, or other good cause for
not complying with this subdivision. Approved waivers shall be
valid for one year or longer, at the discretion of the director.

(f) The Franchise Tax Board shall be allowed access to the
information filed with the department pursuant to this section.

(g) The requirement in subdivision (a) to file a quarterly return
shall begin with the first calendar quarter of the 2011 calendar
year.

(h) (1) Notwithstanding subdivision (e), effective January 1,
2017, an employer with 10 or more employees shall file the report
of contributions, quarterly return, and report of wages
electronically.

(2) Notwithstanding subdivision (e), effective January 1, 2018,
all employers shall file the report of contributions, quarterly return,
and report of wages electronically.

(3) Notwithstanding paragraphs (1) and (2), an employer may
request a waiver from the electronic filing requirements of this
subdivision. The department may grant the waiver when the
employer has established to the satisfaction of the director that
there is a lack of automation, a severe economic hardship, a current
exemption from filing electronically for federal purposes, or other
good cause. An approved waiver shall be valid for one year or
longer, at the discretion of the director.

SEC. 2.  

Section 1110 of the Unemployment Insurance Code
is amended to read:

1110.  

(a) Employer contributions required under Sections 976
and 976.6, the amount of benefits received by any individual
pursuant to this part that is deducted from an award or settlement
made by the employer under the provisions of Section 1382, and,
except as provided by subdivision (b) of this section, worker
contributions required under Section 984 are due and payable on
the first day of the calendar month following the close of each
calendar quarter and shall become delinquent if not paid on or
before the last day of that month.

(b) Worker contributions required under Section 984 are due
and payable at the same time and by the same method as amounts
required to be withheld under Section 13020 are paid to the
department pursuant to Section 13021, regardless of the amount
of accumulated unpaid liability for worker contributions.

(c) Employer contributions submitted pursuant to Section 976.5
shall be paid on or before the last working day of March of the
calendar year to which the reduced contribution rate would be
applicable. Any employer whose eligibility for an unemployment
insurance contribution rate determination is redetermined to make
that employer eligible to submit voluntary unemployment insurance
contributions in accordance with Section 976.5, may submit a
voluntary unemployment insurance contribution within 30 days
of the date of notification of the redetermination.

(d) Except as provided in subdivision (e), any employer
described in Sections 682 and 684 may elect to report and pay
employer contributions required under Sections 976 and 976.6,
and worker contributions required under Section 984, annually.
All contributions are due and payable on the first day of January
following the close of the prior calendar year and shall become
delinquent if not paid on or before the last day of that month. An
election under this subdivision shall be effective the first day of
the calendar year in which it is approved by the department. An
election under this subdivision may not be approved if the employer
has an outstanding return or report delinquency on the records of
the department, or an unpaid amount owed to the department, that
is not the subject of a timely petition for reassessment pending
before the appeals board at the time the election is filed.

(e) An employer described in Sections 682 and 684 who pays
more than twenty thousand dollars ($20,000) in wages annually,
shall not be entitled to the election allowed in subdivision (d). If
at any time during the year the total wages paid by an employer
electing to file under subdivision (d) exceeds twenty thousand
dollars ($20,000), the election shall be terminated at the close of
that calendar quarter. In addition to the report of wages due for
that quarter, the employer shall file a return and pay any
contributions due for that portion of the year during which the
election was in effect, and shall pay contributions in accordance
with subdivisions (a), (b), and (c) for the remainder of that year.

(f) Contributions due pursuant to this section may be submitted
by electronic funds transfer. Contributions submitted by electronic
funds transfer shall be deemed complete in accordance with
paragraph (4) of subdivision (e) of Section 13021.

(g) (1) Notwithstanding subdivision (f), effective on and after
January 1, 2017, an employer with 10 or more employees shall
remit the contributions and withholdings by electronic funds
transfer.

(2) Notwithstanding subdivision (f), effective on and after
January 1, 2018, all employers shall remit the contributions and
withholdings by electronic funds transfer.

(3) Notwithstanding paragraphs (1) and (2), an employer may
request a waiver from the electronic funds transfer requirement of
this subdivision. The department may grant the waiver when the
employer has established to the satisfaction of the director that
there is a lack of automation, a severe economic hardship, a current
exemption from filing electronically for federal purposes, or other
good cause. An approved waiver shall be valid for begin delete six months end delete begin insert one
year end insert or longer, at the discretion of the director.

(h) For purposes of this section, “electronic funds transfer” shall
have the same meaning as in Section 13021.5.

SEC. 3.  

Section 1112 of the Unemployment Insurance Code
is amended to read:

1112.  

(a) Any employer who without good cause fails to pay
any contributions required of him or her or of his or her workers,
except amounts assessed under Article 8 (commencing with Section
1126), within the time required shall pay a penalty of 15 percent
of the amount of those contributions.

(b) Any employer required to remit payments electronically
who without good cause remits those amounts by means other than
electronic shall pay a penalty of 15 percent of the amount of those
contributions.

(c) Notwithstanding subdivision (b), on and after January 1,
2017, begin insert and before January 1, 2019, end insert an employer required to remit
payments electronically, excluding employers previously required
to remit payments by electronic funds transfer under Section 13021,
who remits those amounts within the time required by means that
are not electronic shall not be subject to the penalty described in
subdivision (b). begin delete This subdivision shall become inoperative on and
after January 1, 2019. end delete

(d) The changes made to this section by Chapter 28 of the
Statutes of 2014 shall apply on and after July 1, 2014.

SEC. 4.  

Section 1112.1 is added to the Unemployment
Insurance Code, to read:

1112.1.  

(a) begin insert   end insert An employer who is required to file a quarterly
return electronically pursuant to Section 1088 and without good
cause fails to file a quarterly return electronically shall pay a
penalty of fifty dollars ($50), in addition to any other penalties
imposed by this code.

(b) Notwithstanding subdivision (a), on and after January 1,
2017, begin insert and before January 1, 2019, end insert an employer required to file a
quarterly return electronically who files a quarterly return within
the time required by means that are not electronic shall not be
subject to the penalty described in subdivision (a). begin delete This subdivision
shall become inoperative on and after January 1, 2019. end delete

SEC. 5.  

Section 1114 of the Unemployment Insurance Code
is amended to read:

1114.  

(a) Any employer who, without good cause, fails to file
within 15 days after service by the director of notice pursuant to
Section 1206 of a specific written demand therefor, a report of
wages of each of his or her workers required by this division, shall
pay in addition to other amounts required, for each unreported
wage item a penalty of twenty dollars ($20).

(b) Any employer required by this division to file a report of
wages of each of his or her workers on magnetic media or other
electronic means as prescribed by subdivision begin delete (f) or (i) end delete begin insert (e) or (h) end insert
of Section 1088, who, without good cause, instead files a report
of wages by means other than electronic, shall pay, in addition to
other amounts required, for each wage item a penalty of twenty
dollars ($20).

(c) Notwithstanding subdivision (b), on and after January 1,
2017, begin insert and before January 1, 2019, end insert an employer required to begin delete remit
payments electronically, end delete begin insert file a report of wages, end insert excluding
employers previously required to begin delete remit payments by electronic
funds transfer end delete begin insert file a report of wages end insert under subdivision begin delete (f) end delete begin insert (e) end insert of
Section 1088, who files a report of wages within the time required
by means that are not electronic shall not be subject to the penalty
described in subdivision (b). begin delete This subdivision shall become
inoperative on and after January 1, 2019. end delete

(d) The changes made to this section by Chapter 28 of the
Statutes of 2014 shall apply on and after July 1, 2014.

SEC. 6.  

Section 13002 of the Unemployment Insurance Code
is amended to read:

13002.  

The following provisions of this code shall apply to
any amount required to be deducted, reported, and paid to the
department under this division:

(a) Sections 301, 305, 306, 310, 311, 312, 317, and 318, relating
to general administrative powers of the department.

(b) Sections 403 to 413, inclusive, Section 1336, and Chapter
8 (commencing with Section 1951) of Part 1 of Division 1, relating
to appeals and hearing procedures.

(c) Sections 1110.6, 1111, 1111.5, 1112, 1112.1, 1113, 1113.1,
1114, 1115, 1116, and 1117, relating to the making of returns or
the payment of reported contributions.

(d) Article 8 (commencing with Section 1126) of Chapter 4 of
Part 1 of Division 1, relating to assessments.

(e) Article 9 (commencing with Section 1176), except Section
1176, of Chapter 4 of Part 1 of Division 1, relating to refunds and
overpayments.

(f) Article 10 (commencing with Section 1206) of Chapter 4 of
Part 1 of Division 1, relating to notice.

(g) Article 11 (commencing with Section 1221) of Chapter 4
of Part 1 of Division 1, relating to administrative appellate review.

(h) Article 12 (commencing with Section 1241) of Chapter 4
of Part 1 of Division 1, relating to judicial review.

(i) Chapter 7 (commencing with Section 1701) of Part 1 of
Division 1, relating to collections.

(j) Chapter 10 (commencing with Section 2101) of Part 1 of
Division 1, relating to violations.

SEC. 7.  

Section 13021 of the Unemployment Insurance Code
is amended to read:

13021.  

(a) Every employer required to withhold any tax under
Section 13020 shall for each calendar quarter, whether or not wages
or payments are paid in the quarter, file a withholding report, a
quarterly return, as described in subdivision (a) of Section 1088,
and a report of wages in a form prescribed by the department, and
pay over the taxes so required to be withheld. The report of wages
shall include individual amounts required to be withheld under
Section 13020 or withheld under Section 13028. Except as provided
in subdivisions (c) and (d), the employer shall file a withholding
report, a quarterly return, as described in subdivision (a) of Section
1088, and a report of wages, and remit the total amount of income
taxes withheld during the calendar quarter on or before the last
day of the month following the close of the calendar quarter.

(b) Every employer electing to file a single annual return under
subdivision (d) of Section 1110 shall report and pay any taxes
withheld under Section 13020 on an annual basis within the time
specified in subdivision (d) of Section 1110.

(c) (1) Effective January 1, 1995, whenever an employer is
required, for federal income tax purposes, to remit the total amount
of withheld federal income tax in accordance with Section 6302
of the Internal Revenue Code and regulations thereunder, and the
accumulated amount of state income tax withheld is more than
five hundred dollars ($500), the employer shall remit the total
amount of income tax withheld for state income tax purposes within
the number of business days as specified for withheld federal
income taxes by Section 6302 of the Internal Revenue Code, and
regulations thereunder.

(2) Effective January 1, 1996, the five hundred dollar ($500)
amount referred to in paragraph (1) shall be adjusted annually as
follows, based on the annual average rate of interest earned on the
Pooled Money Investment Account as of June 30 in the prior fiscal
year:

 

Average Rate of Interest
Greater than or equal to 9 percent:	$ 75
Less than 9 percent, but greater than or equal to  7 percent:	250
Less than 7 percent, but greater than or equal to  4 percent:	400
Less than 4 percent:	500

 

(d) (1) Notwithstanding subdivisions (a) and (c), for calendar
years beginning on and after January 1, 1995, if in the 12-month
period ending June 30 of the prior year, the cumulative average
payment made pursuant to this division or Section 1110 for any
deposit periods, as described under Section 6302 of the Internal
Revenue Code and regulations thereunder, was twenty thousand
dollars ($20,000) or more, the employer shall remit the total amount
of income tax withheld within the number of business days as
specified for filing federal income taxes by Section 6302 of the
Internal Revenue Code, relating to mode or time of collection, and
regulations thereunder. For purposes of this subdivision, payment
shall be made by electronic funds transfer in accordance with
Section 13021.5, for one calendar year beginning on January 1.
Payment is deemed complete on the date the electronic funds
transfer is initiated if settlement to the state’s demand account
occurs on or before the business day following the date the transfer
is initiated. If settlement to the state’s demand account does not
occur on or before the business day following the date the transfer
is initiated, payment is deemed complete on the date settlement
occurs. The department shall, on or before October 31 of the prior
year, notify all employers required by this paragraph to make
payments by electronic funds transfer of these requirements.

(2) Effective January 1, 2017, paragraph (1) shall not apply to
an employer subject to the electronic filing requirements of Section
1088. Effective January 1, 2017, an employer subject to the
electronic filing requirements of Section 1088 shall remit the total
amount of income tax withheld within the number of business days
specified in Section 6302 of the Internal Revenue Code and the
regulations adopted thereunder for filing federal income taxes.
Payment shall be deemed complete on the date the electronic funds
transfer is initiated if settlement to the state’s demand account
occurs on or before the business day following the date the transfer
is initiated. If settlement to the state’s demand account does not
occur on or before the business day following the date the transfer
is initiated, payment is deemed complete on the date settlement
occurs.

(3) Notwithstanding paragraphs (1) and (2), effective January
1, 1995, electronic funds transfer payments that are subject to the
one-day deposit rule, as described by Section 6302 of the Internal
Revenue Code and regulations thereunder, shall be deemed timely
if the payment settles to the state’s demand account within three
business days after the date the employer meets the threshold for
the one-day deposit rule.

(4) Any taxpayer required to remit payments pursuant to
paragraphs (1) and (2) may request from the department a waiver
of those requirements. The department may grant a waiver only if
it determines that the particular amount paid in excess of twenty
thousand dollars ($20,000), as stated in paragraph (1) was the result
of an unprecedented occurrence for that employer, and was not
representative of the employer’s cumulative average payment in
prior years.

(5)  A state agency required to remit payments pursuant to
paragraphs (1) and (2) may request a waiver of those requirements
from the department. The department may grant a waiver if it
determines that there will not be a negative impact on the interest
earnings of the General Fund. If there is a negative impact to the
General Fund, the department may grant a waiver if the requesting
state agency follows procedures designated by the department to
mitigate the impact to the General Fund.

(e) An employer not required to make payment pursuant to
subdivision (d) may elect to make payment by electronic funds
transfer in accordance with Section 13021.5 under the following
conditions:

(1) The election shall be made in a form, and shall contain
information, as prescribed by the director, and shall be subject to
approval by the department.

(2) If approved, the election shall be effective on the date
specified in the notification to the employer of approval.

(3) The election shall be operative from the date specified in
the notification of approval, and shall continue in effect until
terminated by the employer or the department.

(4) Funds remitted by electronic funds transfer pursuant to this
subdivision shall be deemed complete in accordance with
subdivision (d) or as deemed appropriate by the director to
encourage use of this payment method.

(f) Notwithstanding Section 1112, interest and penalties shall
not be assessed against an employer that remits at least 95 percent
of the amount required by subdivision (c) or (d) if the failure to
remit the full amount is not willful and any remaining amount due
is paid with the next payment. The director may allow any
employer to submit the amounts due from multiple locations upon
a showing that those submissions are necessary to comply with
subdivision (c) or (d).

(g) The department may, if it believes that action is necessary,
require any employer to make the report or return required by this
section and pay to it the tax deducted and withheld at any time, or
from time to time but no less frequently than provided for in
subdivision (a).

(h) An employer required to withhold any tax and that is not
required to make payment under subdivision (c) shall remit the
total amount of income tax withheld during each month of each
calendar quarter, on or before the 15th day of the subsequent month
if the income tax withheld for any of the three months or,
cumulatively for two or more months, is three hundred fifty dollars
($350) or more.

(i) For purposes of subdivisions (a), (c), and (h), payment that
is not required to be made by electronic funds transfer is deemed
complete when it is placed in a properly addressed envelope,
bearing the correct postage, and it is deposited in the United States
mail.

(j) (1) In addition to the withholding report, quarterly return,
and report of wages described in subdivision (a), each employer
shall file with the director an annual reconciliation return showing
the amount required to be withheld under Section 13020, and any
other information the director shall prescribe. This annual
reconciliation return shall be due on the first day of January
following the close of the prior calendar year and shall become
delinquent if not filed on or before the last day of that month.

(2) The requirement to file the annual reconciliation return for
the prior calendar year under this subdivision shall not apply to
the 2012 calendar year and thereafter.

(k) The requirement in subdivision (a) to file a quarterly return
shall begin with the first calendar quarter of the 2011 calendar
year.

(l) The changes made to this section by Chapter 783 of the
Statutes of 2012 shall apply on and after January 1, 2013.