BILL ANALYSIS                                                                                                                                                                                                    Ó





          SENATE COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS
                             Senator Tony Mendoza, Chair
                                2015 - 2016  Regular 

          Bill No:               AB 1245      Hearing Date:    June 10,  
          2015
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          |Author:    |Cooley                                               |
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          |Version:   |May 11, 2015                                         |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Alma Perez-Schwab                                    |
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             Subject:  Unemployment insurance:  electronic reporting and  
                                   funds transfers


          KEY ISSUES
          
          Should the Legislature require that all employers file their  
          required unemployment insurance contributions and wage data to  
          the Employment Development Department electronically? 

          Should this requirement be phased in over a two-year period to  
          allow small businesses to prepare and ensure compliance with  
          this new obligation?

          Should existing penalties and an additional $50 penalty be  
          imposed on employers who fail to report their contributions and  
          reports electronically in a timely manner, as specified? 


          ANALYSIS
          
           Existing law  establishes the Unemployment Insurance (UI)  
          program, a joint federal-state program administered by the  
          Employment Development Department (EDD), designed to provide  
          unemployment insurance benefits to employees who lose their jobs  
          through no fault of their own. 








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          The UI program is financed by employers who pay unemployment  
          taxes on up to $7,000 in wages paid to each worker.  

          Among other things, regarding tax contributions and wage data,  
          existing law  :
          (Unemployment Insurance Code §1088-1114) 

                 Requires an employer to file a report of contributions,  
               a quarterly return, a report of wages paid, and an annual  
               reconciliation return, as specified, with the director of  
               the EDD and to make contributions for unemployment  
               insurance premiums.  

                 Requires each employer to file their contributions and  
               reports with the director of EDD within the time frame  
               specified in statute. 

                  Allows "hard copy" filing and paper check tax  
               remittance. However, depending on the taxes and data,  
               existing law authorizes electronic filing of contributions  
               and data. 

                 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 require, with some exceptions, all employers to  
          submit their unemployment insurance contributions and data to  
          the Employment Development Department electronically.  

          Specifically, this bill would:  

             1)   Require employers to file their UI contributions and  
               withholdings, report of contributions, quarterly return,  
               and report of wages electronically as follows:

               a.     Effective January 1, 2017 - employers with 10 or  
                 more employees;
               b.     Effective January 1, 2018 - all employers (capturing  
                 those with less than 10 employees). 

             2)   Authorize an employer to seek, and the Director of the  
               Employment Development Department (EDD) to grant, a waiver  
               of the requirement to file electronically if the employer  
               establishes it has a lack of automation to comply with  
               electronic filing, there is a severe economic hardship,  







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               there is a current federal exemption from electronic  
               filing, or if there is some other good cause to waive the  
               requirement.

             3)   In addition to any other penalties imposed under  
               existing law for failure to timely and properly submit  
               their reports, the bill would impose a $50 penalty on  
               employers who fail to file without good cause, and would  
               until January 1, 2019, exempt certain employers' timely  
               nonelectronic filings from that penalty.



          COMMENTS
          

          1.  Background on the Unemployment Insurance Program and EDD  
            Modernization:

            The UI program is a state/federal insurance program that  
            provides unemployment insurance benefits to employees who lose  
            their jobs through no fault of their own.  For years the EDD  
            operated on an almost 30 year old antiquated IT system that  
            was inadequate to handle the heavy UI claims volume that  
            resulted from the Great Recession. The EDD has replaced its  
            major IT systems and continues to make upgrades to its various  
            programs. Most recently, EDD implemented a new UI Online web  
            portal for UI customers to access their UI claim online 24  
            hours a day, seven days a week. The UI Online is a web-based  
            system that has automated the core business functions that  
            support the continued claims and reopening of existing claims.  
            This project has allowed EDD to redirect staff resources to  
            other business functions within the UI Program. Additionally,  
            the improvements will also help by reducing paper handling and  
            associated costs and creating greater efficiencies within the  
            system. 

            The realities of technology and the movement towards more  
            electronic operations create opportunities for efficiencies to  
            be implemented in other areas. For example, in the UI Program,  
            benefits are calculated using a "standard base period" of  
            earnings. The current standard base period is the first four  
            of the last five completed calendar quarters prior to the  
            beginning date of the UI claim.  In the calculation of the  
            earnings, the most recent quarter of earnings is discounted in  







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            favor of the 4 prior quarters. Because data has historically  
            been filed in hard copy format, it was impossible to use the  
            most recent, relevant, data.  In this respect, federally  
            mandated "UI Modernization" requirements have been established  
            that incentivized states (to the tune of nearly $850,000,000  
            of federal money for California) to find ways to look at the  
            most recent quarter of earnings - using what is referred to as  
            the "alternative base period" calculation.  The Alternate Base  
            Period (ABP) program was implemented in 2012 to allow EDD to  
            use the four most recently completed calendar quarters of  
            earnings when establishing a claim. The ABP law does not  
            change employers' current statutory wage reporting  
            requirements. However, employers may receive requests for wage  
            information before their customary wage reports are due. EDD  
            will mail a request for wages to the employer, who must then  
            respond in accordance with the instructions provided on the  
            form. Employers will have 10 days to respond to the EDD's  
            request for wages.  

          2.  Need for the bill?  
            
            Since January 2011, EDD has offered employers online payment  
            and reporting capabilities through its e-Services for Business  
            web site.  With e-Services for Business, employers and their  
            representatives can register their businesses, submit tax  
            returns, make tax payments, and manage their accounts online.  
            According to EDD, approximately 35% of employers currently use  
            e-Services for Businesses for some form of interaction with  
            EDD.  For employers, using electronic filing for both data and  
            tax remittances is cheaper and more efficient. Moving forward  
            to reflect the realities of modern electronic advances makes  
            sense from both a governmental and private sector efficiency  
            perspective.

            This bill would phase in over a two-year period the required  
            use of electronic filing for all California employers to  
            submit returns and remit payments to the Employment  
            Development Department.  Because EDD has an already  
            established e-services system for employer use, this  
            requirement would not result in employers being forced to  
            purchase specialized software.  All that would be necessary  
            for the employer to fulfill this requirement is to have  
            internet access to submit their payments and documents through  
            EDD's current online service.  According to the EDD, this bill  
            would bring efficiencies both to EDD and the employer  







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            community - saving time, paper, and postage while reducing  
            common errors associated with paper forms. The two-year,  
            phased-in approach will allow for a robust education and  
            outreach campaign. Additionally, EDD has a technical  
            assistance team in place to assist employers with the online  
            system.

          3.  Proponent Arguments  :
            
            The author states that processing paper documents and payments  
            costs California nearly eight times as much as processing the  
            same information electronically.  According to the author and  
            sponsors, EDD's existing e-Services for Business is secure,  
            easy to use, and would help businesses to: 1) avoid errors  
            that are common with paper forms; 2) save time by saving basic  
            account information for future transactions; 3) protect data  
            through encryption that is safer and more secure than paper  
            forms; 4) allow employers to easily update account  
            information; 5) provide an automated receipt so employers  
            immediately know their payment was received; and 6) complement  
            and upcoming feature that will allow employers to also handle  
            their Unemployment Insurance forms online.  

            Overall, proponents argue that this legislation would result  
            in many millions in savings to the state in paper, postage and  
            staff time, while requiring no upfront costs or additional  
            infrastructure. The sponsors note that currently three states  
            require all employers to use electronic filing, while many  
            others require certain employers (based on size or industry  
            type) to do so.  Lastly, the author and the sponsors note that  
            EDD has a technical assistance team in place to support  
            employers in making the transition to its online system. 

          4.  Opponent Arguments  :

            None received.



          SUPPORT
          
          Small Business California (Sponsor) 
          Employment Development Department
          National Association of Women Business Owners 








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          OPPOSITION
          
          None received 

                                      -- END --