​Legislature Completes 2019 Session – Almost
At 10:00 pm last Friday, the House and Senate finished most of their work for the 2019 legislative session.  The two sides did commit to come back sometime during the fall to address an 11th hour proposal to provide a contract to IGT to encourage them to physically stay in Rhode Island, but to also require Twin River casino to obtain most of the casino machines from IGT in return.
What happens next?  The hundreds of bills that were passed in the last two weeks will be transmitted to the Governor for her consideration.  In order to provide the Governor sufficient time to determine whether to: (1) sign a bill, (2) veto a bill, or (3) allow a bill to become law without her signature, the General Assembly will transmit bills periodically over the next couple weeks.  Under The Dome will publish a full list of new laws once that process is complete.
However, some of the highlights for the business community are as follows:
 
Budget – the FY2020 budget passed both the House and Senate without any broad-based taxes including the Medicaid assessment, the expansion of sales tax on business services, the increase in cell phone fees, scooping of various funds, the lobbyist tax, the tobacco taxes, and the hotel tax.  The budget maintains the phase-out of the car tax.  The budget did decrease the current fiscal year budget for the Real Jobs Development Program.  This budget was what some people referred to as a status quo budget, but it was a good budget for the business community in comparison to where it started in the process.
Marijuana – The General Assembly chose not to legalize adult use of marijuana.  It did expand the number of marijuana dispensaries from three to nine.  This issue will likely be before the legislature again next year.
Minimum Wage – For the first time in many years, the business community will not face an increase in the minimum wage as the Senate bill died in the House Labor Committee.
Plastic Bags and Straws – The business community, at the request of the Governor, negotiated a plastic bag ban bill with members of the environmental community for a period of three months.  An agreement was reached; but when the bill came to the Senate for a vote, the environmentalists convinced the Senate to change the bill to reflect items they wanted during the negotiations but did not achieve.  The plastic bag ban bill would have included expensive stitching requirements for re-useable bags and eliminated the flat rate charged for paper bags meant to assist businesses in recouping the cost of the alternative bag.  The bill died in the House.  The straw bill would have required customers to ask for a straw in order to get one in a food establishment or to proactively obtain one at a straw dispenser.  The bill also included a state preemption clause to ensure the state does not suffer from 39 different rules on straws. The environmental community fought to remove preemption and to remove the dispenser option, and criticized the Senate for making the changes.  The bill died in the House. 
Deceptive Trade Practices – The Attorney General fought hard to pass a bill that would allow him to file actions against any business for committing a deceptive trade practice – a term not well defined in the legislation.  The bill covered heavily regulated businesses such as health insurers, banks and mortgage companies, as well as entities with limited government regulations like retail stores or hair dressers as examples.  The business community was meeting with the Attorney General to try to work out a compromise when time ran out.  All parties agreed to continue talks over the fall.
Human Resource Issues – Bills addressing sexual harassment training in the workplace, pay equity, naloxone availability, employee bullying liability, employee transportation coverage, wage reporting by gender, race, age, etc., and elimination of the employment-at-will doctrine all died for this legislative year.
Beer – A Senate bill allowing beer manufacturers to increase sales to 24 – 12 oz. bottles or cans and 24 – 16 oz. bottles or cans passed both the Senate and the House and should be on its way to the Governor’s desk within the next couple weeks.  Prepare yourselves to go to your favorite brewery and load up!!!

​Last Week at the State House
The members of the House passed a $9.97 billion budget for FY2020 on a 64-9 vote on Saturday afternoon.  The process began Friday evening at 4:48 pm, recessing around 10:30 pm to return Saturday morning to finish the work.  While the debate turned contentious during the Friday evening hours, the members seemed to come back Saturday with a renewed spirit of cooperation.  A freshman Republican legislator – Representative Nardone – successfully argued the need for protection for school nurses to administer limited marijuana (non smoke, non vapor) to qualified patients in school settings.  A new amendment was prepared and passed by the body.  The funds for an experimental medical program, which received public attention, was rescinded and reallocated.  The legislature took funds out of their own line item budget on Saturday to fund a non-violence program (Nonviolence Institute) that had not made the cut from the House Finance Committee.  All of these changes resulted in a budget that passed with a veto-proof margin in the House.  The budget moves to the Senate this week.  The Senate could take up the bill Tuesday, or wait until all of the other legislative matters have been decided.  Historically, Senate leaderships have chosen both alternatives for the end of session process.
A few key changes were made to the budget:

• The House removed a $.26 GIS fee on cell phones.  When taken together with the previous changes in the 911 Fund structure, the result is a $.01 per month decrease in cell phone fees.
• A $300,000 line item for the Blackstone Valley Park Improvements Project was added
• A change in the human services program allows individuals to remain on public assistance for four consecutive years instead of two consecutive years
• The budget gave Commerce RI the ability to increase the tax credits to the Providence Fane proposal to $25 million (the cap is normally $15 million).  The Rebuild RI tax credits were also bumped from $200 million to $210 million; and $1 million was added to Commerce RI for site development.
• The House Finance Committee recommended that a number of economic development programs under Commerce RI sunset in 6 months.  The following programs were amended by a vote of the house members to extend the sunset dates to December 31, 2020:  RI Tax Incremental Financing Act; Tax Stabilization Incentive; First Wave Closing Fund; I95 Redevelopment Project Fund; Small Business Assistance Program; Stay Invested in RI Wavemaker; Main Street RI Streetscape Improvement Fund; Innovative Initiative; Industry Cluster Grants; High School, Collect Employer Partnerships; Air Service Development Fund; and RI New Qualified Jobs Incentive Act.
• Any new rules or regulations promulgated by the Department of Business Regulation or the Department of Health under the Medical Marijuana law is subject to approval by the General Assembly prior to enactment.  A number of representatives argued against the approval of 6 additional medical marijuana dispensaries saying it was harmful to small businesses that invested money only to now have the rules changed.  Representative Jacquard from Cranston rightfully pointed out that when the medical marijuana law was passed and the dispensaries were created, the General Assembly heard testimony that approximately 2,000 individuals were expected to apply for medical marijuana cards.  The three dispensaries are currently selling to about 18,000 Rhode Island cardholders, increasing the demand for dispensaries.

 
An effort was made by Representative Cassar from Barrington to increase the hotel tax by a half percent and to use the new found funds to create a program to combat homeless.  After a lengthy, emotional debate, the proposal failed on an 18-55 vote.  Representative Ajello from Providence offered an amendment to add one person to the I95 Commission in an effort to force a “super majority” vote on any development project.  The amendment failed 22-50.
 
This Week at the State House
This edition of Under the Dome will not reflect all of the major activity that will take place this week at the State House, because hearings will continue to be posted as the week unfolds.  To date, hearings are only posted for Monday and Tuesday.
The most controversial bill at the moment appears to be the City of Providence’s proposal to apply differing homestead exemptions in a tiered fashion, thus increasing property taxes on residential properties of higher value. (see H.6232 and S.985 below).  S.985 was passed by the Senate Housing and Municipal Government Committee last week.  H.6232 has yet to be scheduled for a hearing this week.
On Tuesday, at the Rise, the Senate Judiciary Committee will vote on S.74, An Act Relating to Taxation.  The bill enacts a ten year statute of limitations on any assessment of tax due or the start of any Division of Taxation collection action for tax due in the area of estate taxes, personal income taxes and corporate taxes.
 
The following bill was filed last week:
House Bill No. 6232  McKiernan, Williams, Almeida, Lima, Mendez, AN ACT RELATING TO TAXATION -- PROVIDENCE HOMESTEAD EXEMPTION (Authorizes the city of Providence to adopt by ordinance a homestead exemption for local taxation on owner-occupied residential real property.
 
House Bill No. 6242  Ucci, Kennedy, Craven, McKiernan, Place, AN ACT RELATING TO WATERS AND NAVIGATION - RHODE ISLAND INFRASTRUCTURE BANK (Expands the definition of “approved project” to include resiliency related infrastructure projects, and further prohibits the award of financial assistance for a water pollution abatement project.)
 
Senate Bill No. 985  Ciccone, Quezada, Bell, AN ACT RELATING TO TAXATION -- PROVIDENCE HOMESTEAD EXEMPTION (Enables the city of Providence to adopt a homestead tax exemption. The value of the $350,000 would receive a homestead exemption of 40% of value while the remaining value would receive a homestead exemption of 28% of value.)
 
Senate Bill No. 994  DiPalma, Seveney, Euer, Felag, AN ACT RELATING TO WATERS AND NAVIGATION - RHODE ISLAND INFRASTRUCTURE BANK (Expands the definition of “approved project” to include resiliency related infrastructure projects, and further prohibits the award of financial assistance for a water pollution abatement project.)
Senate Bill No. 997  Coyne, Lynch Prata, Seveney, DiPalma, Euer, AN ACT RELATING TO CRIMINAL OFFENSES -- EXPLOITATION OF ELDERS (Changes the definition of "elder person" for purposes of exploitation of elders from a person sixty-five (65) years of age or older to a person sixty (60) years of age or older.)
 
Senate Bill No. 1000  (By Request) Ciccone, AN ACT RELATING TO LABOR AND LABOR RELATIONS - MINIMUM WAGES (Provides that employers who permit employees to report to work shall pay the employee for not less than 3 hours wages if 3 hours work does not exist. Exceptions for agreed shifts of less than 3 hours and for employee students of a college.)
 
 
 
 
 
 

​Last Week at the State House
Last week the Senate Labor Committee amended S.174, a minimum wage bill, to require a $1.00 increase in the minimum wage starting January 1, 2020.  The new minimum wage would be $11.50 per hour.  The bill will be voted on by the full Senate Tuesday, June 18th .
 
The House Finance Committee passed a $9.9 billion budget Friday night at 11:50 pm.  The timing allows the full House to take up the bill – H 5151 SubA – this Friday, June 21st with a scheduled start time of 2:00 p.m. 
From a business point of view, this is a much better budget than the one unveiled by the Governor in January.  The House and Senate members heard the concerns raised by the business community and responded.  The following is a list of changes:

• The amended budget does not include the Medicaid assessment fee on employers.  It does require the Executive Office of Health and Human Services to develop a plan to identify Medicaid eligible individuals who have access to employer sponsored insurance.  The plan must include reports to the legislature outlining the number of Medicaid recipients with access to employer sponsored insurance, the number of plans that did not meet the cost effectiveness criteria for Rite Share and enrollment in premium assistance programs.  This issue, depending upon the results of the study, could resurface in future years.  Businesses may want to review their insurance plans and employee participation rates.
• The amended budget does not include an increase in the minimum wage
• It does not include the Governor’s proposed expansion of the sales tax to business services (landscaping, cleaning, extermination etc.), to interior design services, to lobbyist services, to gun and ammunition products, nor to non-profits related to taxable services.  The budget did include the sales tax on digital downloads.
• The licensing fee for loan originators does increase from $100 to $400
• No increase in the cigarette tax, cigar tax or to vaping products was included
• The proposed budget does not include an increase in the hotel tax
• The increase in the beverage container tax from $.04 to $.08 on each case of beverage containers sold by a beverage wholesaler to a retailer or consumer did survive and is in the amended budget; as is the increase in tax on “hard-to-dispose” materials such as lubricating oils ($.05 per quart increase), antifreeze ($.10 per gallon increase), organic solvents ($.025 per gallon increase), and tires ($.50 per tire increase).
• The car tax phase out remains intact.  The Governor had proposed to slow down the phase out
• The amended budget does delay the Northern RI Education Center site for one year.  The delay, according to the House fiscal staff, is due to a delay in securing a site for the Center; therefore the 1.0 FTE and $100,000 was removed from the FY2020 budget
• There is a net $.25 per month increase in wireless telephone fees.  The amended budget creates a restricted receipt account for 911 fees to be used for training and equipment.  The 911 monthly surcharge on wireless lines reduces from $1 to $.50 for each line.  But a new monthly surcharge is assessed on phone lines for first responder services of $.75 for each wireless line.
• Rhode Islanders will finally be required to obtain new license plates, but the cost is lower than originally expected - $8.00.
• No adult recreational marijuana legalization is included in the budget.  The language does increase the number of medical marijuana dispensaries from three to nine.  Testimony was given earlier that most medical marijuana states have a dispensary for every 3,000 patients.  Rhode Island’s three dispensaries currently service 12,000 patients each.
• The amended budget includes a new Article that creates an Opioid Stewardship Act.  The Opioid Stewardship Fund will collect $5 million from manufacturers or distributors of opioids (a formula for the share is in Article 13 SubA); and use that money for opioid treatment programs, recovery and prevention programs and related services. 
• The amended budget increases the Small Business Assistance Program.  The Governor included $250,000 in her budget; the amended budget increases the fund by $500,000.
• The prekindergarten program is expanded under the amended budget, but does not go as far as the “universal pre-k” proposal put forth by the Governor.  The program is funded to the tune of $14.9 million which funds the existing 60 classrooms and also covers the addition of two additional students per existing location as well as ten new classroom of twenty students each and an extension of the school day for 100 Head Start students.
• The budget does not include an expansion of the college tuition program
• Lastly, the ReBuild RI program under Commerce RI received some “tweaking.”  The Governor had requested authorization for an increase in subsidies from $150 million to $250 million.  The amended budget gives Commerce RI the ability to go to $200 million, but the sales-tax exemption for building material must count toward the cap – that is new.

 
This Week at the State House
On Wednesday, the House Small Business Committee is scheduled to vote on S. 253, An Act Relating to Labor and Labor Relations – Local Ownership.  This bill states that when an employer, covered by the Worker Adjustment and Retraining Notification Act (WARN Act), provides advance notice of a plant closing or mass layoff as required by law, the director of the department of labor and training, must give the employer’s workers notice of their right to bid to purchase the business and must provide information on how to form a workers’ cooperative in order to purchase the company if they so choose.
The full House will take up the budget (H.5151 SubA) Friday at 2:00 pm.
 
The following bill was filed last week:
House Bill No. 6214   Noret, Solomon, Jackson, Serodio, Amore, AN ACT RELATING TO BUSINESSES AND PROFESSIONS -- REAL ESTATE SALES DISCLOSURES (Requires that any use of a premises for marijuana cultivation be disclosed in any real estate transaction.)
 
House Bill No. 6215  Jackson, McNamara, Costantino, Lima, McLaughlin, AN ACT RELATING TO HEALTH AND SAFETY -- STATE BUILDING CODE (Authorizes building inspectors to affix their signatures to permits that pertain to work they inspect.)

​Last Week at the State House
 
The plastic bags debate seemed to take on a life of its own last week.  Governor Raimondo brought together members of the business community with members of the environmental advocacy groups to work out a compromise plastic bag ban bill.  The task force met over the course of three months.  In the end, a bill was presented to the Governor that included: (1) a ban on non-reusable plastic bags; (2) a mandatory charge of five cents per bag for an alternative, heavier plastic bag or a paper bag, the money remaining with the retailer to help cover the cost of the more expensive bag alternative; (3) a state-wide preemption clause to ensure all communities were enforcing consistent rules to avoid confusion for businesses.  Two bills reflecting this long debated compromise were introduced at the request of DEM.  That’s when everything started to fall apart.  At the senate hearing on S.410, members of the environmental community, who participated in the Governor’s taskforce, pushed hard to add a stitching requirement to the alternative re-usable plastic bag alternative, to eliminate the per bag fee, and to change the preemption language.  The Senate Environment Committee added the “stitching” language (which further increases the cost of providing alternative bags) but kept the preemption language as is. The House passed its version H.5671 by removing the five cent per bag fee and keeping the preemption language in place (the stitching language was not added).  It is unclear how the two competing bills will fair in the end.
 
This Week at the State House
This week the House Finance Committee will vote out their version of the FY2020 budget.  Both the House Speaker Mattiello and the Senate President Ruggerio are warning that this will not be an easy budget.  House Finance Chairman Abney was quoted in GoLocal as saying the “candy store is not open.”  The House Finance Committee had hoped to meet Tuesday, but as of Sunday night, the meeting had not been publicly posted (meetings require 48 hour public posting at this time – that requirement will be waived in the last days of session).
Rhode Island’s population is about 1.057 million.  According to the Department of Labor website, approximately 438,000 individuals are working in the Rhode Island private sector.  Approximately 61,400 people work for state, local and federal governments.  While those numbers do not include transient farm workers, it still means roughly 47% of Rhode Islanders are working.  At the last revenue Estimating Conference, members referenced the fact that about 320,000-340,000 Rhode Islanders are participating in public assistance programs during the year (30-32%). 
The latest economic forecast released declared Rhode Island’s economy to have shown sluggish growth in 2018, expanding .6% ranking 47th out of 50 states (Rhode Island Public Expenditure Council Report).  The gap is expected to widen in the next quarter.  Rhode Island lost 2,800 jobs between December, 2018 and March, 2019.
This is the difficult backdrop legislators face as they try to present a balanced budget this week.  
Tuesday Set To Be a Difficult Day
If you plan to be at the State House Tuesday, get there early and bring earplugs.  The Senate Judiciary Committee has scheduled a vote on reproductive rights which will bring out many people, so prepare accordingly.
The Senate Finance Committee plans to vote on S.134, An Act Relating to Taxation – Withholding of Tax, which lowers the non-resident withholding requirement for a corporation that sells real estate to be consistent with the 7% corporate income tax rate.  The Chamber has supported this change for a few years.  The committee will also take testimony on S.278, An Act Relating to Taxation.  S.278 makes it clear that a tax payment received by midnight on the date in which the tax becomes due and payable shall be considered “on time.” The bill also reduces the amount of penalty for taxes unpaid from a maximum of 21% to 10%.  This is another pro-business, pro-taxpayer bill.
 
Senate Labor Committee Considers Minimum Wage Increase
On Wednesday, the Senate Labor Committee is scheduled to vote on S.174.  The bill increases the minimum wage effective January 2, 2020, to $11.50 per hour and effective January 1, 2021, to $12.50 per hour.  The Committee will also take testimony on S.908, An Act Relating to Labor and Labor Relations – Establishing the “Commuter Transportation Benefits Act.”  The bill requires businesses with 20 or more employees to establish a pre-tax transportation benefits program; or provide transit passes to employees; or create a free transportation program to the worksite for employees.  The act would become effective January 1, 2020, if passed.
 
The following bill was filed last week:
House Bill No. 6184  Caldwell, Speakman, Mendez, Vella-Wilkinson, Ackerman, AN ACT RELATING TO INSURANCE -- LIFE INSURANCE POLICIES AND RESERVES (Prohibits insurer from denying application/exclude/limit coverage under any life insurance policy based solely on prescription to carry or possess naloxone.)

​Last Week at the State House
 
Last week saw a couple of business unfriendly bills pass.  The Senate Labor Committee took testimony on S.172, An Act Relating to Labor and Labor Relations – Equal Pay Data Collection and Reporting and then passed it on a 5-1 vote.  The bill requires employers with 100 employees or more to file an annual report with the Department of Labor and Training providing employee compensation information broken down by age, gender, race, ethnicity, job category and occupation title.  The Chamber provided testimony against passage of the bill.  It is expected to be voted on by the members of the Senate this week.  The Senate Labor Committee also passed S.509 on a 6-0 vote.  S.509 requires employers to pay employees the same wage for “comparable work.”  While meant to address gender pay inequality, this bill extends this wage payment system to religion, sexual orientation, gender identity, age and ancestral origin.  If an employer hires a female age 35 and pays her more than a 41 year old male because they want more diversity in the workplace, a lawsuit could be triggered based on age discrimination.  It is also hard to determine “what is comparable work?”  Both bills passed the Senate last year and died in the House. 
 
The Senate Environment and Agriculture Committee amended and passed the plastic bag ban bill and held the plastic straw bill for further study.  S.410 was created by a stakeholder group comprised of business and environmental representatives.  As was stated in last week’s Under the Dome, the Governor brought both sides together to work out a compromise which was reflected in S.410.  The bill banned retailers from providing single-use plastic bags and required them to charge a customer five cents for a paper bag should the customer require a bag.  A few exceptions existed such as the very important restaurant wine bottle take-home bag. Every retailer was to be under the same rules to help with compliance issues.  Certain members of the environmental community changed their position on S.410 calling for an elimination of the five cent per paper bag fee – siting a harm to the poorer communities.  Interestingly, the same environmental groups advocated for a ten cent fee in the stakeholder meetings.  It was the business community that suggested the fee be lowered to five cents to cover the additional cost of the paper bag.  For the business participants in the stakeholder process, the last minute amendment was very disappointing. 
 
This Week at the State House
 
Committees are voting on bills fast and furiously, signaling an approaching end to the 2013 legislative session.  At the time this newsletter was written, the House Finance Committee has only posted a meeting for Tuesday, leaving the Thursday normal meeting time as a remote possibility for the unveiling of the House budget, although the following week would be more likely. 
The Senate Judiciary Committee is meeting on Tuesday to vote on a number of bills.  S.479, An Act Relating to Businesses and Professions – Real Estate Sales Disclosures, requires owners of real estate to provide and annual energy cost estimate to potential buyers.  The estimate must be prepared by an “approved energy rater” registered with the Rhode Island Office of Energy Resources.  S.607, also applies to real estate disclosures and requires sellers state if the property is in a flood zone, if the seller has flood insurance (and if so, the amount of the annual premium), and details surrounding the historical frequency of water damage to the property and the amount of repairs necessary.  Lastly, the committee plans to vote on S.493, a deceptive trade practice bill submitted by the Attorney General.  This bill would place all businesses – even heavily regulated industries - under the Deceptive Trade Practice.  Any business practice not specifically stated in a state regulation could be used to bring a case against the business.  The goal of the bill is to allow the AG to participate in multi-state class action lawsuits; but it also places heavily regulated entities in a trap between competing state agencies.
 
The Senate Commerce Committee is set to pass both the Senate and House versions of the cash requirement bills.  S.889 and H.5116 require retailers to accept cash as payment for goods or services.  Exemptions are included for online internet sales.
 
On Thursday, the House Environment Committee is scheduled to vote on H.5671, the plastic bag ban bill.  To date, the bill reflects the language adopted by the Governor’s stakeholder group.  The Committee could post an amended version next week to mirror the Senate bill (S.410 above), but the committee may also adopt the compromise bill in its original form.  The Committee will also take testimony on H.6126, An Act Relating to Food and Drugs – Disposable Food Service Containers.  The bill prohibits most food establishments from preparing, selling, processing or providing food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam.
 
The following resolution was read on the on House floor May 23, 2019.  Congratulations to NRICC President/CEO on the House Resolution
House Resolution No. 6144   Newberry, Mattiello, Shekarchi, Filippi, Ackerman, HOUSE RESOLUTION HONORING AND RECOGNIZING JOHN GREGORY FOR HIS SERVICE TO THE PEOPLE AND BUSINESSES IN THE STATE OF RHODE ISLAND
 
The following bill was filed last week:
House Bill No. 6159  Nardone, Place, Quattrocchi, Filippi, Roberts, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- MECHANICAL TRADES (Provides for a limited license to be issued to HVAC service personnel to work on electrical wiring, equipment and components when servicing HVAC systems.)

​This Week at the State House
 
Voting is happening at a faster pace as we head into what could be the final month of legislative session. 
The Senate Commerce Committee will be voting on the two bills of interest Tuesday at the Rise. Senate Resolution 194 calls for a 22 member commission to study the state’s electric and natural gas distribution infrastructure. The commission must report back to the legislature by March 1, 2020 with its findings. S.253 addresses businesses covered under the Worker Adjustment and Retraining Notification Act (WARN Act).  The Department of Labor and Training, upon notification that a covered business is going to close, would be required to notify employees of their ability to place a bid to purchase the closing business and to assist with creating a workers’ cooperative should employees wish to buy the business.
 
The Senate Judiciary Committee will be taking testimony on Tuesday concerning S.598, An Act Relating to Labor and Labor Relations – Fair Employment Practices.  The bill forbids an employer from requiring an employee to execute a nondisclosure agreement or a non-disparagement agreement regarding alleged violations of civil rights or criminal conduct as a condition of employment.  This would greatly reduce the ability to enter into settlement agreements with employees to resolve conflicts.
 
Senate Labor has scheduled a hearing for Wednesday at the Rise in the Senate Lounge.  One of the bills being heard is S.172, An Act Relating to Labor and Labor Relations – Equal Pay Data Collection and Reporting.  The bill requires employers with 100 employees or more to file an annual report with the Department of Labor and Training providing compensation information broken down by age, gender, race, ethnicity, job category and occupation title. 
 
The Senate Education Committee plans to vote on the education package introduced on May 8th.  This Wednesday, the committee will vote on: S.863 which requires the commissioner of education to develop statewide academic standards and curriculum frameworks for the core subjects of mathematics, English language arts, science and technology, history and social studies, world languages, and the arts; S.864 a bill that directs the council on elementary and secondary education to provide professional support and assistance to local education agencies; S.865 expands the duties of principals over school personnel, facilities and budgets; and S.866 which establishes testing requirements for initial certification of new teachers starting July 1, 2021.
 
The Senate Environment and Agriculture Committee is set to vote on a plastic bag ban bill and a plastic straw bill.  S.410 was created by a stakeholder group comprised of business and environmental representatives.  The Governor brought both sides together to work out a compromise which is reflected in S.410.  The bill bans retailers from providing single-use plastic bags and requires them to charge a customer five cents for a paper bag should the customer require a bag.  A few exceptions exist such as the very important restaurant wine bottle take-home bag. Every retailer is under the same rules which should help with compliance issues.  If passed, the bill would go into effect one year from the date of enactment.  S.202 SubA will ban facilities from giving out straws unless the customer requests one, or if the customer selects one from a dispenser.
 
 
The following bill was filed last week:
House Bill No. 6126   Bennett, Canario, Noret, Vella-Wilkinson, Jacquard, AN ACT RELATING TO FOOD AND DRUGS -- DISPOSABLE FOOD SERVICE CONTAINERS (Prohibits a covered establishment from preparing, selling, processing or providing food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam.)
 
House Bill No. 6134   Williams, Fellela, Alzate, Millea, McKiernan, AN ACT RELATING TO LABOR AND LABOR RELATIONS - WORKERS' COMPENSATION (Provides employer pays any excess damages for an injured minor/clarifies liability of employer for violation of continuation of health care benefits for injured employee caused by employer/repeals obsolete/inapplicable workers' compensation laws.)

House Resolution No. 6135   Shanley, HOUSE RESOLUTION REINSTATING THE LIFE OF AND EXTENDING THE REPORTING AND EXPIRATION DATES OF THE SPECIAL LEGISLATIVE COMMISSION KNOWN AS THE "RHODE ISLAND ONLINE DATA TRANSPARENCY AND PRIVACY PROTECTION COMMISSION" (Reinstates the life and extends the reporting and expiration dates of the "Rhode Island Online Data Transparency and Privacy Protection Commission" from February 5, 2019, to February 5, 2020, and would expire on May 5, 2020.)
 
Senate Bill No. 888  Ciccone, Lombardo, Lombardi, AN ACT RELATING TO FINANCIAL INSTITUTIONS - SMALL LOAN LENDERS (Allows small loan lenders to charge fees on loans up to $5,000 provided the fees are disclosed and agreed to in written instrument signed by borrower and licensee.)
 
Senate Bill No. 889  Conley, Gallo, Seveney, Lombardi, Felag, AN ACT RELATING TO COMMERCIAL LAW - GENERAL REGULATORY PROVISIONS - DECEPTIVE TRADE PRACTICES (Requires retail establishments to accept cash in payment for goods and services excluding online purchases.)
 
Senate Bill No. 891  Sosnowski, Euer, Coyne, Valverde, Conley, AN ACT RELATING TO MOTOR AND OTHER VEHICLES - IDLING (Removes the word diesel in regard to idling of engines and would pertain to idling of all engines.)
 
Senate Bill No. 908  Lawson, Ciccone, Metts, Lombardi, Quezada, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- ESTABLISHING THE "COMMUTER TRANSPORTATION BENEFITS ACT" (Establishes the commuter transportation benefit act. Employers with twenty (20) or more employees would provide a pre-tax transportation fringe benefit program or provide transportation to the employees.)
 
Senate Bill No. 909   Ciccone, Lombardo, Gallo, Lombardi, Nesselbush, AN ACT RELATING TO LABOR AND LABOR RELATIONS - WORKERS' COMPENSATION (Provides employer pays any excess damages for an injured minor/clarifies liability of employer for violation of continuation of health care benefits for injured employee caused by employer/repeals obsolete/inapplicable workers' compensation laws.)
 
Senate Bill No. 910   Pearson, McCaffrey, Goodwin, Gallo, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- EMPLOYMENT SECURITY--BENEFITS (Eliminates requirement to pay attorney fees from employment security (unemployment) administrative fund.)
 
 
 
 

​An Update from the State House
 
Last week, the Senate Labor Committee, after taking testimony on a number of business-related bills, held those bills for further study.  This simply means that the bills remain alive.  S.373. allows employees who are covered by an employer sponsored disability insurance program to elect to be exempt from the state temporary disability insurance program.  S.615 bars employers from refusing to hire, discharge, or “otherwise discriminate” against a person with respect to any terms, conditions, or privileges of employment, because of his or her status as a medical marijuana cardholder - including because of a positive drug test for marijuana at the workplace or during the hours of employment.  S.835 makes it an unlawful employment practice for any person, whether or not an employer, employment agency, labor organization, or employee, “to directly or indirectly commit any act declared by this section to be an unlawful employment practice” (the quoted language would be new law).  Additionally the legislation allows individual employees to be held liable for their actions with fellow employees. 
 
This Week at the State House
As of last Sunday, the hearing schedule for the House and Senate was very light, which could mean that both sides are discussing which bills are on the favored and disfavored lists.  To date only two hearings are noteworthy.
The House Finance Committee is meeting Tuesday at the Rise, approximately 4:30 p.m., to allow the fiscal staff to provide a budget status briefing.  The briefing will take place in Room 35.
On the same day, Senate Finance will be meeting at the Rise in Room 211.  S.134, An Act Relating to Taxation, would correct what some believe was an oversight a few years ago when income tax reform was adopted.  Under current law, a non-resident seller of real estate must have 9% of the sales price held by the closing attorney until such time as the individual’s personal income tax is paid in April.  That made sense when the highest tax bracket was 9%; but since it has been lowered to 7%, it makes sense to lower the non-resident withholding amount as well.  S.669, An Act Relating to Taxation – Real Estate Conveyance, will also be heard in committee.  It allows the City of Newport to institute a 2% real estate transfer tax on the buyer of property.
 
The following bill was filed last week:
 
House Bill No. 6117   Costantino, Hawkins, AN ACT RELATING TO LABOR AND LABOR RELATIONS - MINIMUM WAGES (Exempts full-time college students employed by the college or university they attend from the requirement of a three (3) hour work shift guarantee by the employer.)
 
 

​An Update from the State House
 
Revenue Estimating Conference (REC) Finishes Work
The eight and a half hour meeting of the Department of Revenue staff, the Senate Fiscal Policy staff and the House Fiscal Policy staff showed just how dedicated these individuals are to making the best budget estimates possible.  The bottom line:  Rhode Island is expected to end the current fiscal year with $4,017,910,000 in state revenue which is up $24.8 million from the estimate made in November of 2018.  While that is certainly good news, it is a narrow victory given the budget proposal put for by the Governor for FY2020 includes many new initiatives.
The REC estimates total general revenues for FY2020 to be $3,952,450,000 (not including the hospital licensing fee; so the total general revenue for FY2020 is relatively the same).  So how does the Conference determine that number? The members go through every tax from personal income to business corporation tax, to inheritance and gift taxes, to gambling, realty transfers etc and discuss a rationale for each assumption.  One of the longest debates came with the sales tax collection assumption.  The Revenue Department (represents the Governor’s office) wanted to assume a 7% growth rate over the current fiscal year, while the Senate assumed 3.1% and the House assumed 3.9%.  The Tax Division stated that the large increase was justified by an expected uptick in collections from the new software tax and security services tax.  Of the 30,000 taxpayers believed to be subject to these new taxes, about a third have not filed the required tax reconciliation forms.  The Division said this is not unusual as entities subject to new taxes often do not realize they should be paying the tax.  The Division plans to send out a notice to all of those businesses that have not filed the reconciliation form and then follow up with audits.  After much back and forth debate, the Conference settled on a 4.1% growth in sales tax, meaning the state expects to collect a total of $1,172,900,000 in sales and use tax next fiscal year.
The next longest debate centered around sports gambling.  It was extremely difficult for all of the members to determine a comfortable estimate for this revenue given the current experience.  The remote sports gambling technology is slated to be up and running September 1st.  The REC decided to allow for two additional weeks of lag time before the start date in the event more time is need for testing of equipment or any delays in equipment arrival.  Ultimately, the state is estimating to receive $22.7 million next year in sports betting.  The total revenue estimated to be received from all gaming sources (casino, lottery, sports) is $412.8 million.  This represents a $12.7 million increase over the current fiscal year.
Other revenues estimates for FY2020 include Business Corporation Tax of $164 million (down $500,000 from FY2019); Personal Income Tax of $1,426,800,000 (up $42.8 million over FY2019); Inheritance and Gift Tax of $38 million (down $10 million over FY2019) and Public Utilities Gross Receipt Tax of $103.2 million (up $300,000 over FY2019).
The FY2020 budget was projected to face a $100 million deficit.  The expenses for the state did see a reduction over projected expenses since last November, so it is not clear yet just how much the revenue estimates will eat away at the projected deficit.  The Finance Committees will now take this information and begin to re-shape the Governor’s proposed budget to address priorities of the House, Senate and Governor’s office.  Difficult choices will have to be made.  The FY2020 budget is expected to be released sometime in June.
 
This Week At the State House
If you have to be at the State House Tuesday, May 14th give yourself extra time.  On Tuesday, the Senate Judiciary Committee will vote on S.152 SubA and H.5125 SubA.  These are the bills referred to as the state codification of the Roe v. Wade decision (proponents and opponents disagree on how close the language is to Roe v Wade).  The State House is expected to be very crowded that day, and the lines to go through building security will likely be long.
 
On Wednesday, May 15th, the Senate Education Committee will meet at the Rise (approximately 4:30 p.m.) in Room 313 to take testimony on the newly filed education reform package.  The link to the bills – S.863, S.864, S.865, S.866, S.867, S.868 and S. 869 can be found below in the newly filed bills listing.  The bills address a number of issues like the development of statewide academic standards and curriculum frameworks for the core subjects; providing school principals with more authority to handle personnel and budget matters; and establishing a system to evaluate schools.  The House Health Education and Welfare Committee will take up the house bills dealing with education reform (H.6084, H.6085, H.6098, H.6099 and H.6100) the same day, same time in Room 101.
 
The Senate Labor Committee will be taking testimony on a number of business-related bills Wednesday, May 15th at the Rise in the Senate Lounge.  One bill the Chamber supports is S.373.  It allows employees who are covered by an employer sponsored disability insurance program to elect to be exempt from the state temporary disability insurance program.  The employer is required to show documentation to the Department of Labor and Training to prove such coverage exists.  S.615 bars employers from refusing to hire, discharge, or “otherwise discriminate” against a person with respect to any terms, conditions, or privileges of employment, because of his or her status as a medical marijuana cardholder - including because of a positive drug test for marijuana at the workplace or during the hours of employment.  S.835 would make it an unlawful employment practice for any person, whether or not an employer, employment agency, labor organization, or employee, “to directly or indirectly commit any act declared by this section to be an unlawful employment practice” (the quoted language would be new law).  Additionally the legislation allows individual employees to be held liable for their actions with fellow employees.
 
The following bill was filed last week:
 
House Bill No. 6084  Amore, Mattiello, Shekarchi, Edwards, Blazejewski, AN ACT RELATING TO EDUCATION -- EDUCATION ACCOUNTABILITY ACT (Provides for greater school-based management at the school level and expands the duties of school improvement teams and establishes a new chapter on education accountability.)

House Bill No. 6085  Barros, Ackerman, Bennett, Corvese, Shanley, AN ACT RELATING TO EDUCATION - CERTIFICATION OF TEACHERS (Allows teachers to obtain fast-track certification as a principal.)
 
House Bill No. 6086 Serodio, Hawkins, Amore, Noret, Shekarchi, AN ACT RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS (Increases the members of public school personnel to include all trained school administrators, teachers, or SROs among those authorized to administer an opioid antagonist where there is an emergency drug overdose in a school setting.)
 
House Bill No. 6087  Williams, Vella-Wilkinson, O'Brien, Caldwell, McKiernan, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- HEALTHY WORKPLACE (Creates the "Healthy Workplace Act of 2019" and would establish a cause of action against employers and employees for workplace bullying, harassment and other abusive conduct.)
 
House Bill No. 6098 Alzate, Maldonado, Edwards, Speakman, Slater, AN ACT RELATING TO EDUCATION - CERTIFICATION OF TEACHERS (Directs the council on elementary and secondary education to implement teacher licensure tests modeled after the Massachusetts tests for educator licensure, commencing on July 1, 2021.)
 
House Bill No. 6099  Caldwell, Diaz, Noret, Morin, Knight, AN ACT RELATING TO EDUCATION -- CERTIFICATION OF TEACHERS (Directs the council on elementary and secondary education to implement a teacher assessment and evaluation system which emphasizes the alignment of instruction delivered to the state's standards.)
 
House Bill No. 6100  Mendez, Fellela, Jackson, Vella-Wilkinson, Hawkins, AN ACT RELATING TO EDUCATION -- CERTIFICATION OF TEACHERS (Creates a provisional educator certification to be issued by the board of education to teachers who meet qualifications set by the board and who shall be subject to supervisory conditions set by the board.)
 
Senate Bill No. 863  Gallo, Ruggerio, Goodwin, McCaffrey, Algiere, AN ACT RELATING TO EDUCATION - CURRICULUM (Requires the commissioner of education to develop statewide academic standards and curriculum frameworks for the core subjects of mathematics, English language arts, science and technology, history and social studies, world languages, and the arts.)
 
Senate Bill No. 864  Satchell, DiPalma, Pearson, Seveney, Paolino, AN ACT RELATING TO EDUCATION -- CURRICULUM (Direct the council on elementary and secondary education to provide professional support and assistance to LEAs regarding effective ways to use data such as the LEA’s budget and demographics, school culture, and assessments to improve student performance.)
 
Senate Bill No. 865  Pearson, McCaffrey, Algiere, Goodwin, Ruggerio, AN ACT RELATING TO EDUCATION -- THE RHODE ISLAND BOARD OF EDUCATION ACT (Expands the duties of principals over school personnel/facilities/budget/eliminates commissioner of post secondary education/authorizes board of education to adopt system evaluating public schools/local education agencies.)
 
Senate Bill No. 866 Sheehan, Quezada, Seveney, DiPalma, Felag, AN ACT RELATING TO EDUCATION - CERTIFICATION OF TEACHERS - TESTING REQUIREMENTS FOR NEW TEACHERS (Establishes testing requirements for initial certification of new teachers on or after July 1, 2021.)
 
Senate Bill No. 867  Paolino, Quezada, Pearson, DiPalma, Gallo, AN ACT RELATING TO EDUCATION -- CERTIFICATION OF TEACHERS (Establishes a procedure for the certification of provisional educators.)
 
Senate Bill No. 868  Seveney, DiPalma, Cano, Lombardi, Lynch Prata, AN ACT RELATING TO EDUCATION - TRAINING AND EVALUATION - NEW EVALUATION REQUIREMENTS (Directs council on elementary and secondary education to implement assessment and evaluation system. Also requires local education agencies (LEAs) to adopt the model assessment and evaluation system for use in their schools.)
 
Senate Bill No. 869  Metts, Goodwin, Gallo, Quezada, Pearson, AN ACT RELATING TO EDUCATION - TRAINING AND EVALUATION - FAST-TRACK PRINCIPAL CERTIFICATION PROGRAM (Allows teachers to obtain certification as a principal in an expedited period of time.)

​Quick Overview of Last Week
Straws – The Senate Environment and Agriculture Committee held S.292 SubA for further study following a backlash from environmental groups over the inclusion of state preemption language in the amended version of the bill.  Business groups requested preemption in order to avoid traps that come with the potential of 39 different rules.  
Global Warming and Carbon Tax – These bills were held for further study by the committee.  The Chamber provided oral testimony along with one other business group, siting the existing high cost of energy in the state and the fact the bill calls for a $15 per metric ton of carbon tax if two other states pass a $5 per metric ton tax.  Many proponents testified during the 3 hour hearing noting the level of sea rise and storm changes, while one pleaded not to allow Earth to become the next Venus which she claimed is hot, not because it is closer to the sun but because the carbon on the planet is trapped in the atmosphere instead of the ground.
Non Compete Clause – Both the Senate and House versions were held for further study while amended language is worked on with input from various interest groups.
 
This Week at the State House
FY2020 Budget Update
This week will end with the final Revenue Estimating Conference meeting that takes place Friday, May 10th.  The Governor, House Finance and Senate Finance committees will come to an agreement on revenues available for the FY2020 budget.  As has been stated before, this is a crucial meeting (begins at 9:00 a.m.) setting the stage for the development of the budget and all of the issues the business community has discussed with legislators over the past four months.
Last week, economists painted a gloomy picture of the job growth opportunities in Rhode Island.  December of 2018 saw the state reach its high point in the number of jobs, a number that appears to have been overstated at the time.  Rhode Island lost about 2800 jobs in the last quarter, and with the overstated job number from December, it appears the state has 10,000 fewer jobs than that reported at the end of 2018.  An economist from HIS Markit provided testimony that 3,200 jobs were eliminated from the administrative support sector (including office personnel, HR, security and collections) and the waste management services sector.  The HIS experts do believe the state will experience a slight growth in jobs but that the economy is basically headed for a flat growth by 2023.  Young people – ages 16-24 are expected to exit Rhode Island, as the percentage of workers age 55 and over increases.
 
 Retail Acceptance of Cash
The House Corporations Committee is expected to pass H.5116 in an amended form on Tuesday.  The proposed SubA requires all retailers to accept cash for payment of goods and services except any on-line purchases or any internet purchases.
 
Naloxone In Public Places
On Tuesday, May 7 at the Rise, the Senate Committee on Health and Human Services will take testimony on S.827; a bill that requires public places (places holding 100 or more people) to have on site a naloxone box and at least one person properly trained in how to administer the life-saving injection or nose spray to anyone experiencing a drug overdose. The bill does contain a Good Samaritan clause protecting anyone who acts (or fails to act) to assist a person in need unless it constitutes gross negligence or willful or wanton conduct.
 
School Building Projects Union Only
The Senate Labor Committee appears ready to pass S.713 SubA on Wednesday at 3:30 p.m.  The bill requires school building projects, valued at $5 million or more, to hire only contractors that have – prior to bidding on the project - apprentices in every “apprenticeable trade” that will be needed to complete the job.  The contractor must also ensure that no less than 10% of the labor hours worked on the project are performed by apprentices.  An escape clause exists in the bill; but the clause is only triggered after the bid has been awarded.  The wording of this bill ensures that only union contractors will be able to bid on these school projects, because no merit shop contractor can meet the apprenticeship requirement given the apprentice to journeyman ratios that currently exist in Rhode Island law.
 
Employee Bills In Senate Judiciary
Thursday, May 9 at the Rise will find the Senate Judiciary Committee taking testimony on various employee/employer bills. S.169 proposes to end Rhode Island’s Employee-At-Will doctrine.  S.460 changes the definition of employee under the Fair Employment Practices Act to include family members, apprentices, volunteers, unpaid interns, and elected officials.  The bill also allows employees to be held individually liable for actions against fellow employees.  S.493, submitted on behalf of the Attorney General’s office, adopts a version of what is known as the MA 93A law.  The AG’s office would be permitted to seek civil damages for violations of the Deceptive Trade law as interpreted by the AG.  This bill is particularly troublesome for industries that are heavily regulated by other agencies, as what one agency believes is an appropriate action, the AG could interpret differently and bring charges.  Finally, S.598 forbids an employer to require an employee to execute a nondisclosure agreement; or non-disparagement agreement regarding alleged violations of civil rights or criminal conduct as a condition of employment.
 
The following bill was filed last week:
 
House Bill No. 6054  Azzinaro, Kennedy, Shekarchi, Edwards, Blazejewski, AN ACT RELATING TO BUSINESSES AND PROFESSIONS -- MOTOR VEHICLE REPAIR SHOP ACT (Allows a motor vehicle repair shop owner to sell, at a commercially recordable sale, a customer's vehicle if they fail to pay over thirty (30) days of properly charged storage fees.)
 
House Bill No. 6062  Ackerman, Shekarchi, Bennett, Amore, McNamara, AN ACT RELATING TO HEALTH AND SAFETY -- RESTROOM ACCESS ACT (Requires retail establishments with 3 persons or more on premises without public restrooms to allow customers to use employee restrooms for certain medical conditions upon presentation of documentary proof with violators fined $250. Effective 1/1/20)
 
Senate Bill No. 827  Valverde, Miller, Goldin, AN ACT RELATING TO HEALTH AND SAFETY - NALOXONE PUBLIC ACCESS PROGRAM (Requires public places to have naloboxes or naloxone on the premises for access and use during emergencies by trained employees or the general public with "Good Samaritan" protections.)
 
Senate Bill No. 835  Lombardi, Ciccone, Lombardo, Gallo, McCaffrey, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- UNLAWFUL EMPLOYMENT PRACTICES (Prohibits an employer, employment agency, labor organization, or employee, to commit any act declared to be an unlawful employment practice; individuals would be held personally liable for such conduct.)
 
Senate Bill No. 836  Lombardi, Ciccone, Lombardo, Gallo, McCaffrey, AN ACT RELATING TO LABOR AND LABOR RELATIONS - PAYMENT OF WAGES (Creates a mechanism for employees to enforce their existing right to continuation of medical benefits, reinstatement of status and benefits after returning from being a temporary caregiver and relating to Sunday wage laws.)
 
Senate Bill No. 848  Goodwin, Ruggerio, McCaffrey, AN ACT RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- CAUSES OF ACTION (An insurer found in violation of the unfair claims settlement practices act can be liable for three (3) times the amount of damages.)
 
Senate Bill No. 849   Goodwin, Ruggerio, McCaffrey, AN ACT RELATING TO INSURANCE -- UNFAIR CLAIMS SETTLEMENT PRACTICES ACT (Amends and expand the definitions of unfair claims practices committed by insurers with regard to physical inspection, performance of appraisals, retail valuation and total loss notification to owner.)
  

​For those that read the budget cover to cover, surprises still surface during the complicated fiscal analysis that takes place over months of hearings.  One item surfaced last Thursday in the Senate Finance Committee hearing.  With only rumors surrounding the source of $900,000 included in the Governor’s budget, committee members, staff and members of certain segments of the business community waited for the Department of Revenue to explain.  The Lottery Commission plans to begin selling keno through online sales in January, 2020.  The Commission believes it can do this without additional legislative approval.  For lottery agents such as convenience stores, liquor stores and other brick and mortar lottery sales facilities, this spells trouble.  Many wonder, “If the Commission believes it can do this without legislative action, can they not then sell other lottery tickets?”
According to a 2016 report by the North American Association of State and Provincial Lotteries, Rhode Island had the second highest per capita lottery spending in the country.  Rhode Islanders spent $1054 per person without access to internet gaming.  Massachusetts came in first at $1088.  The average per capita per state in 2016 was $371.19.  Michigan which already instituted internet online lottery had a per capita spending of $414.
In January of 2019, the federal Department of Justice (DOJ) released a new opinion placing into great question whether states can implement online lottery gaming without violating the federal Wire Act, a 1961 law put in place to counter organized crime gambling.  A federal judge gave the DOJ until the end of April, 2019 to clarify its opinion.  Many issues remain to be resolved surrounding this issue, but the inclusion of the expansion of gaming in the Governor’s budget still has $900,000 attached to it as available revenue.
 
Senate Environment – Straws and Global Warming
On Wednesday, At the Rise (approximately 4:30pm) in Room 211 at the State House, the Senate Committee on Environment and Agriculture will vote on S.292, An Act Relating to Food and Drugs – Single Use Plastic Straws.  As currently written, the bill would ban food establishments – including theaters, convenience stores, restaurants, hotels, etc. – from offering single use straws to customers.  If a customer requests the straw, the establishment would be obliged to provide it.  An establishment found violating the new law would receive a notice for the first two violations.  Subsequent violations would result in a $25 fine up to an annual maximum of $300.  One outstanding issue revolves around straw dispensers; will a customer’s use of the dispenser be interpreted as “requesting” a straw.
Also, on the committee’s agenda is S.662 which calls for a $15 per ton carbon tax on fossil fuels, increasing every year thereafter.  This bill has been heard in previous years.  It would dramatically increase the cost of transportation fuel, heating fuel and electricity.  The goal of the bill is to increase the cost of fossil fuels to the point where individuals will have to switch to another source of fuel. The bill does not provide an alternative.
 
House Labor To Look at Non-compete Clauses
Also on Wednesday, At the Rise in Room 203, the House Labor Committee will hear testimony on H.6019, Rhode Island Noncompetition Agreement Act.  The Chamber submitted testimony on the Senate version, S.698, last week.  The bill is meant to ban the use of non-compete clauses for low wage earners as well as certified nursing assistants (a group that requested this bill). 
Courts generally do not look favorably on non-compete clauses.  If utilized, they need to be limited in time and scope, and often geographically.  However, the Chamber in its testimony did point out that there are circumstances that warrant the use of such provisions.  Employees who have access to trade secrets or unique clients could cripple a company.  Research assistants who have been working on new products have the ability to damage a company.  Technology employees could perhaps have access to information that could be used to start a new company in direct competition with the previous employer.  These are just a few examples of situations that might warrant a non-compete agreement. 
 
The definition of “Low-wage employee” is problematic in H.6019.  The definition appears to tie to 28-33-20 which is the statute governing workers compensation benefits.  When an employee is injured on the job, the benefit paid to that individual is based upon the wages paid prior to the harm.  The maximum workers compensation benefit is 125% of the state’s average weekly wage.  If the Chamber is interpreting the “low-wage employee” definition laid out in H.6019 correctly, a person would be deemed to be a low wage earner if they make twenty-five percent (25%) more than the average weekly wage.  That seems out of balance.  The Chamber pledged to work with the Senate and House sponsors to draft a bill that would address low wage earners.  If you have concerns about this bill, please contact the Chamber.
 
 
The following bill was filed last week:
 
House Bill No. 6019  Blazejewski, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- RHODE ISLAND NONCOMPETITION AGREEMENT ACT (Creates a comprehensive statutory scheme to address all aspects of noncompetition agreements.)
 
House Bill No. 6027  Serpa, AN ACT RELATING TO HUMAN SERVICES -- MEDICAL ASSISTANCE - LONG TERM CARE SERVICE AND FINANCE REFORM (Provides for a Medicaid home care, home nursing care and hospice base rate adjustment for services delivered to beneficiaries in rural communities as defined by the department of health.)
 
House Bill No. 6033  Bennett, Edwards, Kennedy, McNamara, Almeida, AN ACT RELATING TO HEALTH AND SAFETY - LICENSING OF MASSAGE THERAPISTS (Makes sweeping changes to the law on massage therapy licensing.)
 
House Bill No. 6038  Tobon, Shekarchi, Blazejewski, Edwards, Craven, AN ACT RELATING TO BUSINESSES AND PROFESSIONS -- SOCIAL BENEFIT BUSINESS PROGRAM (Establishes the Social Benefit Business Program.)