Chamber Connections BLOG
Chamber Connections BLOG
Article 15 – Relating to Children and Families
This Article is set to be heard by the House Finance Committee, Wednesday, March 7th at the Rise (approximately 4:30 p.m. in Room 35) Article 15 addresses what happens when a child in the DCYF system turns 18 years of age. Under current law, the Department meets with each child 6 months before he/she turns 18 to discuss a transition plan to exit the state system at 18. Article 15 allows one of the options to be a “Voluntary Placement Agreement” which allows for supervised independent living settings such as shared apartments or homes, living with relatives or mentors, living at college or another vocational setting. Under an agreement, the state could continue to provide payment for these housing arrangements. To qualify, the young adult has to be in the state’s legal custody at 18 or be an adopted foster child where the adoption took place after the age of 16, AND the young adult is 1) getting a GED, 2) attending a post-secondary education program, 3) is attending a job training program, 4) is employed at least 80 hours a month, or 4) is incapable of participating in any of the previously mentioned programs due to a medical condition. If the Agreement is signed, the state will continue to provide services until the age of 21. Article 15 also calls for free child care for families at 180% of the federal poverty level if a family member is enrolled in a Rhode Island higher education facility and the family needs child care in order for the member to attend school. Lastly, this Article changes state child care payments to a tier payment system that is based on the provider’s ability to meet the State Quality Rating System for child care providers. No payment rate could be below $193 for licensed child care centers, nor lower than $169 for child care homes. (Providence rates equal the 75th percentile of market rate) Article 16 – Relating to Debt Management Act Joint Resolutions This Article allows for the issuance of $19.8 million in new revenue bonds to be used for projects at the University of RI. The projects are as follows: · $11 million for repaving and reconstruction of parks, internal roadways, walkways and other infrastructure at the Kingston campus, the Narraganset Bay campus and the W. Alton Jones Campus. The total debt service, assuming a 5% interest rate, is not expected to exceed $17.7 million over 20 years. · $6.5 million for engineering and construction upgrades to utility-related infrastructure on the URI Kingston campus, including steam, water, sanitation, electrical, and storm water systems. The total debt service over 20 years is expected to be $10.4 million. · $2.3 million for the second phase of the fire safety enhancements throughout URI’s auxiliary enterprise buildings, including on-going installation of code-compliant fire detection systems/alarms, sprinkler systems, and other improvements. Total debt service is $3.7 million if a 5% interest rate is assumed. Article 17 – Relating to the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act This Article is scheduled to be heard in the Senate Finance Committee Thursday, March 1st at the Rise (approximately 4:30 p.m.) in Room 211. It will also be heard in the House Finance Committee March 20th at the Rise in Room 35. Article 17 makes numerous changes to the medical marijuana law in Rhode Island. The Governor’s office believes that all of the proposed changes will generate $5 million in new revenue for the state. The Article increases the number of medical marijuana compassion centers from 3 to 15 while also increasing the licensing application fee for these facilities from $250 to $10,000. The fee for a renewal of a license increases from $5,000 to $30,000. Regulation and oversight of the centers would be moved from the Department of Health to the Department of Business Regulation. Patients residing in Connecticut and Massachusetts would be permitted to purchase marijuana from these facilities in Rhode Island. Article 17 lowers the number of marijuana plants (starting July 1, 2018) that patients and caregivers may grow, from 12 mature and 12 immature plants, to 8 mature and 8 immature plants. The language does allow a patient to possess 3 ounces of marijuana, as opposed to the current limit of 2.5 ounces. One big change in the proposed Article allows practitioners to prescribe medical marijuana to treat “acute pain” not just “chronic pain.” Experts in the medical field have said this would include conditions such as a broken bone, dental work, or surgery. These conditions could allow someone to get a medical marijuana card for up to 6 months. Article 18 – Relating to the Effective Date This is the last Article of the budget, and states that the effective date is July 1, 2018, unless another date is explicitly mentioned in another portion of the budget. The following bills were filed last week: Senate Bill No. 2334 BY Ciccone, Jabour, Miller, Archambault, Goldin ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- LOW-INCOME ENERGY COST ASSISTANCE (Creates an energy assistance program within the governor's energy assistance office with incentives for regular payments and conservation.) Senate Bill No. 2336 BY Crowley, Jabour, Nesselbush, Metts, Quezada ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE HOME ENERGY RATE AFFORDABILITY ACT (Creates the Home Energy Rate Affordability Program to ensure that utility rates are affordable for low-income households.) Senate Bill No. 2354 BY Miller, Sosnowski, Ruggerio, Coyne, Lombardo ENTITLED, AN ACT RELATING TO HEALTH AND SAFETY - PLASTIC WASTE REDUCTION ACT (Prohibits large retail establishments from providing plastic checkout bags/all retail establishments providing polystyrene food containers with enforcement by municipalities with opt out election effective January 1, 2021.) Senate Bill No. 2375 BY Lynch Prata ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- TOURISM AND DEVELOPMENT (Reinstates for one year, from July 1, 2018, to June 30, 2019, the formula used to distribute hotel tax funds prior to January 1, 2016.) Senate Bill No. 2388 BY Archambault, Picard, Fogarty, Lombardo ENTITLED, AN ACT RELATING TO TAXATION - BUSINESS CORPORATION TAX (Changes the minimum corporate tax by calculating the tax based on gross income.) Senate Bill No. 2398 BY Pearson ENTITLED, AN ACT RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- HEALTH INSURANCE BENEFITS (Allows small business employers to purchase health insurance for its employees through the state employee group plan.) enate Bill No. 2399 BY Sosnowski, Crowley, Calkin, Goldin, Coyne ENTITLED, AN ACT RELATING TO INSURANCE -- ACCIDENT AND SICKNESS INSURANCE POLICIES (Prohibits insurance companies from varying the premium rates charged for a health coverage plan based on the gender of the individual policy holder, enrollee, subscriber, or member.) Senate Bill No. 2400 BY Goldin, Calkin, Miller, Sosnowski, Crowley ENTITLED, AN ACT RELATING TO INSURANCE - ACCIDENT AND SICKNESS INSURANCE POLICIES (Establishes a special enrollment provision for pregnant women to obtain health insurance coverage at any time after the commencement of the pregnancy.) Senate Bill No. 2423 BY Metts, Quezada, Jabour, Goldin, Goodwin ENTITLED, AN ACT RELATING TO BUSINESSES AND PROFESSIONS - REAL ESTATE BROKERS AND SALESPERSONS (Increases the maximum administrative penalty levied against real estate brokers and salespersons from one thousand dollars ($1,000) to two thousand dollars ($2,000) per violation.) Senate Bill No. 2448 BY Goldin, Conley, Miller, Calkin, Jabour ENTITLED, AN ACT RELATING TO ELECTIONS -- CONDUCT OF ELECTION AND VOTING EQUIPMENT, AND SUPPLIES (Repeals the voter identification law.) Senate Bill No. 2449 (by request) BY Cote, Lombardo ENTITLED, AN ACT RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY (Reduces the statutory interest on judgments for money in civil actions from twelve percent (12%) to six percent (6%).) Senate Bill No. 2464 BY Coyne, Miller, Lombardo, Sosnowski, Ruggerio ENTITLED, AN ACT RELATING TO CRIMINAL OFFENSES -- TOBACCO AND NICOTINE PRODUCTS -- CHILDREN (Provides certain restrictions on the sale of tobacco products, enhances the definition of "tobacco products", and raises the legal minimum age to purchase tobacco products and nicotine-delivery systems from 18 to 21 years of age.) Senate Bill No. 2470 BY Goldin, Fogarty, Miller, Goodwin, Lynch Prata ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS - TEMPORARY DISABILITY INSURANCE (Amends the computation formula relative to temporary disability insurance and adds siblings and caregivers to those workers eligible to receive temporary caregiver insurance.) Senate Bill No. 2471 BY Ciccone, Calkin, Goldin, Euer, Nesselbush ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- HEALTHY WORKPLACE (Creates the "Healthy Workplace Act of 2018" and establishes a cause of action against employers and employees for workplace bullying, harassment and other abusive conduct that is tolerated by employers.) Senate Bill No. 2476 BY Goldin, Calkin ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- MINIMUM WAGE--GRATUITIES (Incrementally increases from the $3.89 per hour subminimum wage for tipped workers to $9.00 per hour on January 1, 2022, Starting on January 1, 2023, the minimum hourly wage for tipped workers would be equal to the state's regular minimum hourly wage.) Senate Bill No. 2478 BY Satchell, Miller, Goldin, Nesselbush, Gallo ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- MINIMUM WAGES (Gradually increases the minimum hourly wage for employees of employers who provide services to five (5) or more persons with developmental disabilities.) Senate Bill No. 2479 BY Lombardi, Nesselbush, Lynch Prata, McCaffrey, Goodwin ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- UNLAWFUL EMPLOYMENT PRACTICES (Amends the fair employment practices act by clearly establishing that employees of a defendant employer may be individually liable for unfair employment practices.)
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Legislature on Break
House and Senate members as well as lobbyists could be seen scrambling with stacks of paper to meet the bill filing deadlines last week. This is the end of phase one of the legislative session – bill preparation. Phase two will begin when the legislature comes back from Winter break on February 26th . Phase two is marked by heavy hearing schedules with committees taking testimony on the hundreds of bills over the following seven weeks. The Spring legislative break is scheduled for April 16th – 20th; and then we enter the final push to finish the legislative year. What’s in the Governor’s FY2019 Budget Article 12 – Relating to Economic Development Article 12 amends various economic development programs and adds a new one as well. The first sections eliminate the sunset provisions of December 31, 2018 for the following programs: Rebuild RI Tax Credit; RI Tax Increment Financing; Tax Stabilization Incentive; First Wave Closing Fund; I-195 Redevelopment Project Fund; Small Business Assistance Program; Stay Invested in RI Wavemaker Fellowship; Main Street RI Streetscape Improvement Fund; Innovation Initiative; Industry Cluster Grants; High School, College, and Employer Partnerships; and RI New Qualified Jobs Incentive Act of 2015. The section also establishes an annual reporting process on the performance of these programs. The next portion of the Article expands access to the Rebuild Rhode Island Tax Credit program to include manufacturers and “qualified small business projects.” Both of these groups would be eligible for the tax credit and would be exempt from the maximum credit provision ($15 million). It appears that the Article’s intent may include an exemption from the minimum project size requirement, although a technical drafting error exists. A “qualified small business project” is a commercial program located within one block of a project that receives funding under the Main Street RI Streetscape Improvement program or is at least within a business district that is created under the Main Street program. Article 12 increases the microloan program funding. The program currently allows 10% of the Small Business Assistance Program to be utilized for micro loans (loans of $2000 - $25,000). The Article raises that limit to 25% of the Program funds. The Article creates another new program called the “Refundable Investment Tax Credit Act” to “advance the competitiveness of Rhode Island and its companies in the national and global economies.” The Commerce Corporation could award a manufacturer up to $100,000 in a refundable tax credit per year. Applications for the credit must be submitted prior to the investment for which the tax credit is desired. The Commerce Corporation would then consider, in making its decision on eligibility, the amount of the investment, the necessity of the investment, whether the business is in a targeted industry by the state, the number of jobs created, and if the company is located in a Hope community. A Hope community is a municipality where the 5 year average percentage of families with income below the federal poverty level is greater than the State’s 5 year average percentage. Companies that choose to participate in this program would be listed (name and address) on the Commerce Corporation’s website. A new Manufacturing Site Readiness program is established in this Article. Monies would be used to develop an inventory of pad-ready sites in the state, capable of supporting manufacturing activities. Money would also be available for due diligence efforts such as surveys, environmental evaluations, etc. Lastly, Article 12 establishes a Technical Assistance program available to municipalities who wish to evaluate and streamline their zoning, planning and permitting processes. The assistance can be in the form of loans, grants or just technical assistance. Article 13 – Relating to Medical Assistance Article 13 makes changes to the Medicaid program. Co-payments would be mandated for adults (considered to be over 19 years of age and without a disability): inpatient hospital visits ($3), non-emergency ER visits ($8), non-preventative physical health related office visits ($3), and prescription drug coverages ($2 for generics, $4 brand name). Co-payments could not exceed 5% of the individual’s “countable income” in any plan year. Nursing home rates would increase by a maximum of 1%. The Article expands Rite Share eligibility and allows adult children with disabilities to remain on their parents’ commercial health insurance coverage beyond age 26. And it allows for the automation of asset verification in order to more effectively seek reimbursement from estates of Medicaid beneficiaries. Article 14 – Relating to Children and Families This area if not the forte of UTD’s author, so I rely on information provided at a public hearing. According to a “first look” report by the finance committee staff, Article 14 establishes the legal authority of the Executive Office of Health and Human Services to implement changes to the Medicaid program. It adjusts the provider rates to maintain inpatient and outpatient hospital payments, increases nursing homes rates by up to 1%, and reduces rates for Medicaid managed care plan administration. The Article eliminates retroactive coverage for certain Medicaid beneficiary categories, expands long-term services and supports (LTSS) eligibility for applicants transitioning from a health facility into a community setting, and institutes multi-tiered needs-based criteria for determining care levels for applicants with developmental disabilities seeking Medicaid home and community-based services in lieu of institutional care. The language expand LTSS health care services eligible for federal financing participation. Article 14 restructures the delivery system for individuals with both Medicare and Medicaid eligibility (dual eligible) who have chronic or disabling conditions, and expands the Rite Share premium assistance program. It also promotes the transition to community-based services, wherever appropriate, by seeking waiver authority to promote the Community First Choice (CFC) option for seniors and people with physical disabilities and for intellectually or developmentally disabled people living with families or independently. Lastly, the Article proposes to develop a health home for conflict-free and person-centered planning; as well as a community-based alternative to emergency department visits for addiction and mental health emergencies. The following bills were filed last week: House Bill No. 7548 BY Marshall, Edwards, O'Brien, Johnston, Morin ENTITLED, AN ACT RELATING TO PUBLIC UTILITIES AND CARRIERS - PUBLIC UTILITIES COMMISSION (Reassesses any utility rate increase after January 1, 2017, and evaluate whether the increase in rate results in excessive profits to the utility company.) House Bill No. 7553 BY Phillips, Serpa, Morin, Solomon, Casey ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- MICRO ZONE ECONOMIC REVITALIZATION ACT (Creates micro zones in distressed areas to stimulate economic revitalization/employment opportunities/business development through redevelopment of abandoned industrial/commercial structures.) House Bill No. 7625 BY Kazarian, Tanzi, Fogarty, Hearn, Ajello ENTITLED, AN ACT RELATING TO INSURANCE -- ACCIDENT AND SICKNESS INSURANCE POLICIES (Requires individual/group health ins. Contracts eff. 1/1/19 to provide insured/spouse/dependents 12 month contraceptive coverage/voluntary sterilization/patient education/counseling/follow-up services and Medicaid recipient coverage for a 12 month supply.) ouse Bill No. 7635 BY Hearn, Canario, Lombardi ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS - SEASONAL EMPLOYMENT (Creates a seasonal employment designation for purposes of unemployment insurance which would allow employers hiring employees 20 weeks training/prevent seasonal employers from collecting unemployment benefits during the term of their seasonal employment.) House Bill No. 7636 BY Ranglin-Vassell, Regunberg, Ajello, Hull, Bennett ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- WAGES (Gradually increases the hourly minimum wage from $9.60 to $15.00 on January 1, 2022, as well as gradually increasing the hourly minimum wage for employees receiving gratuities from $3.89 an hour to $15.00 an hour on January 1, 2026.) House Bill No. 7674 BY Regunberg, Handy, Keable, McLaughlin, Ranglin-Vassell ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE RHODE ISLAND PUBLIC POWER UTILITY COUNCIL ACT (Establishes the Rhode Island public power utility council.) House Bill No. 7679 BY Williams, Vella-Wilkinson, Walsh, Perez, Diaz ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- HEALTHY WORKPLACE (Establishes a cause of action against employers/employees for workplace bullying, harassment and other abusive conduct that is tolerated by employers, and not fall into other categories already protected such as race, color and sex or sexual orientation.) House Bill No. 7680 BY Shanley, Nardolillo, Blazejewski, Barros, Kazarian ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- MINIMUM WAGES (Gradually increases the minimum hourly wage for employees of employers who provide services to five (5) or more persons with developmental disabilities.) Overview Effective July 1, 2018, Rhode Island generally requires employers with 18 or more employees to provide employees with paid sick leave (and requires employers with fewer than 18 employees to provide certain amounts of unpaid sick leave). Accrual Employees (of employers with 18 or more employees in Rhode Island) generally must accrue a minimum of one hour of paid sick leave for every 35 hours worked, up to a maximum of 24 hours during calendar year 2018; 32 hours during 2019; and 40 hours per year starting in 2020 (unless the employer chooses to provide a higher annual limit in both accrual and use). Paid sick leave begins to accrue at the commencement of employment or July 1, 2018, whichever is later. An employer may provide all paid sick leave that an employee is expected to accrue in a year at the beginning of the year. Note: Employees who are exempt from the overtime requirements under the federal Fair Labor Standards Act (§ (a)(1)) will be assumed to work 40 hours in each work week for purposes of paid sick leave accrual (unless their normal work week is less than 40 hours—in which case paid sick and safe leave time accrues based upon that normal work week). At its discretion, an employer may loan sick and safe leave time to an employee in advance of accrual by such employee. Waiting Periods An employer may require a waiting period of up to 90 days for newly hired employees. During this waiting period, an employee will accrue earned sick time under the law or the employer's policy (§ 28-57-4(b))—but is not permitted to use the earned sick time until after he or she has completed the waiting period. Click here (§§ j and k) for details on waiting periods for temporary and seasonal employees. Carryover, Payment of Unused Leave, and Reinstatement Paid sick and safe leave time will be carried over to the following calendar year. However, an employee's use of paid sick and safe leave time provided under the law may not exceed 24 hours during calendar year 2018; 32 hours during calendar year 2019; and 40 hours per year starting in 2020. Alternatively, in lieu of carryover of unused earned paid sick and safe leave time from one year to the next, an employer may pay an employee for unused earned paid sick and safe leave time at the end of a year and provide the employee with an amount of paid sick and safe leave that meets or exceeds the requirements of the law that is available for the employee's immediate use at the beginning of the subsequent year. However, the law does not require financial or other reimbursement to an employee from an employer upon the employee's termination, resignation, retirement, or other separation from employment for accrued paid sick and safe leave time that has not been used. Note: When there is a separation from employment and the employee is rehired within 135 days of separation by the same employer, previously accrued paid sick and safe leave time that had not been used must be reinstated. Further, the employee must be entitled to use accrued paid sick and safe leave time and accrue additional sick and safe leave time at the re-commencement of employment. Using Leave and Requesting Time Off Paid sick and safe leave time must be provided for:
An employee generally may decide how much sick time to use. However, an employer may set a minimum increment, not to exceed 4 hours per day, for the use of sick time, provided such minimum increment is reasonable under the circumstances. An employer may not require—as a condition of providing earned paid sick and safe time under the law—that the employee search for or find a replacement worker to cover the hours during which the employee is using paid sick and safe leave. Click here (§ k) for more. Employee Notice and Employer Procedures When the use of paid sick and safe leave is foreseeable, the employee must provide notice to the employer in advance of the use of the leave and must make a reasonable effort to schedule leave in a manner that does not unduly disrupt the employer's operations. An employer that requires notice of the need to use earned paid sick and safe leave where the need is not foreseeable must provide a written policy that contains procedures for the employee to provide notice. An employer that has not provided the employee a copy of its written policy for providing such notice may not deny earned paid sick and safe leave to the employee based on non-compliance with such a policy. Certification For paid sick and safe leave of more than 3 consecutive work days, an employer may require reasonable documentation that the paid sick and safe leave has been used for a purpose covered by the law (§ a), if the employer has notified the employee in writing of this requirement in advance of the employee's use of paid sick and safe leave. Note: An employer generally may not require that the documentation explain the nature of the illness or the details of the domestic violence, sexual assault, or stalking. Click here (§§ f and g) for more on certification and verification. Employer Policies and Allowable Substitution The law does not prohibit an employer from adopting a paid sick and safe leave policy that provides greater rights or benefits than those provided under the law. Click here (§ 28-57-12) for more details. Employers may have different paid leave policies for different groups of employees, provided that all policies meet the minimum requirements of the law. Employers that prefer not to track accrual of paid sick leave over the course of the benefit year may also use certain schedules for providing lump sums of sick leave or paid time off to their employees. Employers using these schedules will be in compliance even if an employee's hours vary from week to week. Click here (§ 28-57-14(b)) for the alternative lump sum schedules. Additionally, employers that provide 40 or more hours of paid time off or vacation to employees that also may be used as paid sick and safe leave (consistent with the law) are not required to provide additional sick leave to employees who use all their time for other purposes and need paid sick and safe leave later in the year--provided that the employers' leave policies make clear that additional time will not be provided. Exemptions Employers with Policies Any employer with a paid leave time off policy or paid sick and safe leave policy who makes available at least 24 hoursduring calendar year 2018; 32 hours during calendar year 2019; and 40 hours per calendar year beginning in 2020 of paid time off or paid sick and safe leave to employees—or any employer who offers unlimited paid time off or paid sick and safe leave—is exempt from certain provisions (§ 28-57-5(a), (b), (c) and (e)) of the law. Employers that provide at least 24 hours during calendar year 2018; 32 hours during calendar year 2019; and 40 hoursper calendar year beginning in 2020 of paid sick or safe leave or paid time off (that can be used for purposes consistent with the law) at the beginning of each benefit year do not need to track accrual, allow any carry-over, or payout. Employers with Fewer than 18 Employees Any employer that employs fewer than 18 employees is exempt from the requirement to offer paid sick leave under the law (§ 28-57-5). However, any such employer may not take an adverse action against an employee solely based upon the employee's use of up to 24 hours of unpaid leave during calendar year 2018; 32 hours of unpaid leave during calendar year 2019; and 40 hours of unpaid leave per calendar year beginning in 2020—subject to certain provisions of the law (§ 28-57-6 and § 28-57-10). Click here for more exemptions. Additional Information Additional information, including details on (among other things) confidentiality and nondisclosure, is available in the text of the law. Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency. House Finance Committee Hearing – Fees
The House Finance Committee will be meeting Tuesday, February 13th at the Rise (around 4:30pm) to hearing testimony concerning the increase in fees for selling securities in Rhode Island and increased license fees for insurance adjusters. The hearing will take place in Room 35 at the State House. The Senate Finance committee will be hearing the same fee increases on Thursday, February 15th at the Rise (around 4:30pm) in Room 211 at the State House What’s in the Governor’s FY2019 Budget Article 8 – Relating to Motor Vehicles The Governor’s budget increases the fee for driver’s license name changes or address changes from $5.00 to $25.00; and further delays the requirement to obtain new license plates to January 1, 2020. Article 9 – Relating to School Construction and Education This Article addresses the renovation and construction of school buildings. The school building authority receives expanded powers to promulgate construction regulations and to develop a certification process for “prime contractors.” Only certified contractors could work on projects valued at over $10 million – which would cover most projects. The Authority is required to consider the contractor’s history of performance on complex projects, prior compliance with environmental and safety regulations, “evidence that completed prior projects prioritized the facility’s future maintainability” and use of minority-owned business subcontractors. The Article also references a certification process for general contractors, subcontractors and construction managers. Article 9 requires all projects valued at $1.5 million or more to assign and pay for an “owner’s program manager” and a “commissioning agent” on the job. An “owner’s program manager” is an entity that provides project management services on behalf of a state agency. The owner's program manager acts as the owner's agent in all aspects of the construction project, including architectural programming, planning, design, construction, and the selection and procurement of an appropriate construction delivery method. The owner's program manager must have at least 7 years of experience in the construction and supervision of construction of buildings of similar size and complexity, and cannot have been employed during the preceding year by the design firm, the construction firm or the subcontractors associated with the project. A “commissioning agent” is a person or entity hired to ensure the proper installation and operation of technical building systems. The Chamber is trying to determine how much additional cost would be associated with projects due to the required hirings and how much might be saved if efficiencies are realized. Lastly, this Article expands eligibility for admission to the Rhode Island School for the Deaf. Students would not have to be deaf or hard of hearing, and funding would follow the students. Article 11 – Relating to Workforce Development The first section of Article 11 establishes a restricted receipt account within the Department of Labor and Training (DLT) for misclassification task force and workplace fraud unit. Civil penalties today (first offense $1500 - $3000 per misclassified employee; subsequent offenses $5000 per misclassified employee) go to the general revenue fund. Article 11 would place a penalty monies in the restricted account to be used for enforcement. Any funds remaining at the end of the fiscal year would be transferred to the general revenue account. The second section of the Article is a change put forward by DLT. Under current law when an employer pays into the unemployment insurance (UI) fund, .21% of the amount paid goes to the Job Development Fund (JDF). The JDF assists employers, workers and job seekers to access job training services from the Real Jobs RI program. The average employer pays $701.12 per employee with $47.04 of the cost going to JDF. In 2017, the UI Trust Fund had a balance of $359,659,908; and $16,718,100 went to the JDF. Article 11 proposes to increase the percentage diverted to the JDF based on the amount of interest realized from the Trust Fund investment. DLT created a formula they believe will capture the interest using a 2-year anticipated 10% wage growth based on historical data. So what does this all mean? If passed, using the same example, the average employer pays $701.12 per employee, but the formula would call for an additional .002% to go to the JDF for a total payment of $51.52 to JDF. The overall result – an increase of $1,592,200 would go to the Job Development Fund. Some concerns have been raised from the business community over the potential for the diversion of interest to delay or eliminate the possibility of building of the Trust Fund to the point that employers could pay tax based on a lower schedule, thus reducing UI costs. DLT is reviewing those concerns. Article 11 codifies the Real Jobs Rhode Island program into law under the Governor’s Workforce Board. The program administers competitive grants, works with employers to determine workforce skill needs and to address those needs, and reviews performance goals for each partnership established. Lastly, Article 11 eliminates the Job Training Tax Credit Program effective January 1, 2018. The following bills were filed last week: House Bill No. 7427 BY Donovan, Ruggiero, Ranglin-Vassell, Shekarchi, Blazejewski ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS - FAIR EMPLOYMENT PRACTICES (Expands the protections and remedies for employees against employers who pay wage differentials based on race, color, religion, sex, sexual orientation, gender identity or expression, disability; age or country of ancestral origin.) House Bill No. 7428 BY Donovan, Carson, Ranglin-Vassell, Tanzi, Ajello ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS - OVERTIME WAGES (Exempts certain executive, administrative, and professional employees from overtime pay if their weekly wages exceed one thousand thirty-six dollars ($1,036), an increase from the current two hundred dollars ($200).) House Bill No. 7500 BY Shanley, Coughlin, Solomon, Blazejewski, Barros ENTITLED, AN ACT RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT (Requires a landlord to maintain a general liability insurance policy of one hundred thousand dollars ($100,000) and to introduce the policy in any trespass and ejection action.) House Resolution No. 7529 BY Canario, Corvese, Giarrusso, Marshall, Johnston ENTITLED, JOINT RESOLUTION EXTENDING THE REPORTING AND EXPIRATION DATES OF THE SPECIAL LEGISLATIVE COMMISSION TO STUDY THE EFFECTS OF LEGALIZING MARIJUANA (Extends the reporting date of the special legislative commission to study the effects of legalizing marijuana from March 1, 2018 to February 1, 2019, and said commission expires on May 1, 2019.) House Bill No. 7535 BY Craven, McEntee, Knight ENTITLED, AN ACT RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY (Provides that an open and obvious danger or defect is not a complete bar to recovery of damages in personal injury or property damage actions.) House Bill No. 7544 BY Blazejewski, Maldonado, Winfield, Casimiro, McEntee ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS - TEMPORARY DISABILITY INSURANCE (Amends the computation formula relative to temporary disability insurance and adds siblings and caregivers to those workers eligible to receive temporary caregiver insurance.) Senate Bill No. 2252 BY Raptakis, Goodwin, Ciccone, Lombardo ENTITLED, AN ACT RELATING TO ALCOHOLIC BEVERAGES - RETAIL LICENSES - TRAINING (Requires the department of business regulation to administer testing to certify alcohol server training. It would also prohibit online testing.) Senate Bill No. 2265 BY Quezada, Calkin, Crowley, Metts ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- WRONGFUL DISCHARGE FROM EMPLOYMENT (Ends Rhode Island's "employment-at-will" legal doctrine, provides job protection for employees that satisfactorily perform their duties provides specific remedies for wrongful discharge.) Senate Bill No. 2277 BY Pearson, Euer, Goldin, Satchell, Seveney ENTITLED, AN ACT RELATING TO COMMERCIAL LAW--GENERAL REGULATORY PROVISIONS -- RHODE ISLAND RIGHT-TO-KNOW DATA TRANSPARENCY AND PRIVACY PROTECTION ACT (Protects individuals from internet disclosure of personally identifiable information by commercial websites/online service operators and creates right of action for violations.) Senate Bill No. 2286 BY Calkin, Quezada, Metts, Euer ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- PAYMENT OF WAGES (Defines and recognizes the existence and potential liability of lead entities concerning the payment of wages.) An Update from the State House The pace at the General Assembly began to pick up as the end of the week approached. Last week 126 House bills were filed as were 143 Senate bills. Not all of the new business-related bills are included in this report, but you will see them in upcoming editions of UTD. We have received requests to include the sponsors’ names on the bills that have been filed. We are adding that information for your use. What’s in the Governor’s FY2019 Budget Article 5 – Relating to Capital Development Program Article 5 lays out the various bond referendum questions for the upcoming election. The $368.5 million proposal is divided into three separate questions: 1. Rhode Island School Buildings - $250 million If approved, the state could issue up to $250 million in general obligation bonds over a five year period for the purpose of renovating schools or building new schools as determined by the School Building Authority (powers and duties of the Authority are amended in Article 9 of the proposed Budget). No more than $100 million in bonds could be issued in any single year. 2. Higher Education Facilities - $70 million This bond calls for $45 million to repair and construct new facilities on the URI Narragansett Bay Campus as well as $25 million to renovate the Horace Mann Hall at RI College. The Horace Mann Hall houses the School of Education and Human Development. 3. Green Economy and Clean Water - $48.5 million If approved, this bond would address ten different initiatives: a. $5 million to match grants given to public and non-profit entities for restoring or improving coastal habitats, and restoring rivers and stream floodplains. b. $6.1 million for clean water and drinking water infrastructure improvements. The budget states that projects include “wastewater treatment upgrades and storm water quality improvements to combine sewage overflow abatement projects.” c. $5 million for wastewater treatment facility improvements. The money is expected to match a 50% grant for the projects. d. $4.4 million for the repairing and/or removing state-owned dams e. $10 million for improvements to state recreational facilities, including Fort Adams State Park. f. $5 million for the design, repair and construction of bide paths including the East Bay bike path. g. $4 million for brownfield remediation. This money would be used to obtain grants and could be given to public, private or non-profit entities. h. $5 million to be combined with matching grant money to purchase, develop or rehabilitate recreational facilities. i. $2 million for a State Farmland Access Program to purchase rights to agricultural lands for preservation purposes. j. $2 million to be used to match grant money to municipalities, local land trust and non-profit organizations to purchase open space. Article 6 – Relating to Licensing Article 6 addresses the governance of business licensing and fees. First, it seeks to reorganize the licensing of a number of professions. The Article creates a Division of Commercial Licensing under the auspices of the Department of Business Regulation (DBR), and moves the following professions from the Department of Health to DBR: Hairdressers, Barbers, Cosmeticians, Manicurists, Estheticians, Electrologists, Funeral Directors/Embalmers, Opticians, Audiologists, Hearing Aid Dealers and Fitters, Music Therapists and Interpreters for the Deaf. Second, Article 6 eliminates the requirement for most business license applications and renewal forms to be notarized, and allows for electronic signatures in some instances. Third, it eliminates the statutory fees for licensing of Barber/hairdressers, Manicurists, Electrolysis, Funeral directors/embalmers, Speech pathologists, Hearing aid dealers/fitters, Athletic Trainers, and Deaf Interpreters; but it also leaves open the ability of the new Division of Commercial Licensing to assess a fee in some instances. Liquor manufactures would no longer be required to get a bond with two sureties in order to get a license. Class G liquor licensees would no longer pay $1 for duplicate licenses. The Article eliminates the need for the state to ensure that a hairdresser/barber location is zoned commercial before the individual can obtain a license; and it eliminates the need to obtain 25 years of experience in the field of hairdressing or barbering if the individual does not have a high school diploma or a GED. On a light note, Electrologists, under Article 6, could retain their licenses if found to be habitually intoxicated or addicted to drugs as long as is doesn’t “impair the licensee’s ability to engage in the practice of his or her profession.” Current law calls upon the state to rescind the license if the individual is found to be habitually intoxicated or addicted to drugs. Lastly, the Article alters who can hear complaints brought against Embalmers and Funeral Directors. Current law allows the Administrator of the Division or any person authorized by the Administrator to hear complaints. The proposed Article adds a “member of the public” to the list. It’s unclear whether the Administrator would appoint this person or if someone else chooses. Article 7 – Relating to Fees This Article makes changes to various fees. Beginning August 1, 2018, the annual registration and renewal of the license to sell mutual funds in Rhode Island increases from $1000 to $1500. On January 1, 2019, the fee for Claims adjusters would increase from $150 to $250. The Article allows the municipal police training school to hold a statewide physical training test for police applicants. The school can charge a fee for the test, as well as to charge tuition to candidates attending the school. Current law bans the school from charging tuition or charging any municipality for the training of candidates – the state pays for it. This new Article calls for the state to pay ONLY if the tuition and fees are not sufficient to run the municipal police training school. The following bills were filed last week: House Bill No. 7339 BY O'Brien, McEntee, McNamara, Johnston, Amore ENTITLED, AN ACT RELATING TO CRIMINAL OFFENSES -- GAMBLING AND LOTTERIES (Allows social gaming in private residences and in public taverns or private clubs so long as the gambling is incidental to a bona fide social relationship between the participants and only participants receive anything of value.) House Bill No. 7344 BY Solomon, O'Brien, Serpa, Lima, Phillips ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- LEAN GOVERNMENT INITIATIVE ACT (Implements provisions of the Lean government initiative to eliminate waste and inefficiency in the operation of state government.) House Bill No. 7361 BY Filippi, Mendonca, Costantino, Giarrusso, Price ENTITLED, AN ACT RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS -- DECEPTIVE TRADE PRACTICES (Declares null/void contract between credit card issuers/vendors/businesses prohibiting reduced price for customers paying in cash.) House Bill No. 7369 BY Handy, McEntee, Ajello, Amore, Ackerman ENTITLED, AN ACT RELATING TO HEALTH AND SAFETY -- PROHIBITION OF CONTAINERS USING BISPHENOL A (Prohibits the use of containers, or food packaged in containers, that contain bisphenol A.) House Bill No. 7387 BY Filippi, Edwards, Solomon, Marshall, Giarrusso ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT - BREACH OF PERSONAL INFORMATION NOTIFICATION ACT (Establishes procedures to notify individuals of any breaches of their unencrypted personal information and penalties for any violation.) House Bill No. 7397 BY Walsh, Lombardi, Ranglin-Vassell, Hull, Maldonado ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS - MINIMUM WAGE--GRATUITIES (Raises the minimum wage for tipped workers by fifty cents ($.50) per year commencing on January 1, 2019 until the tipped minimum wage is not less than two-thirds (2/3) of the regular minimum wage.) House Bill No. 7398 BY Walsh, Morin, Lombardi, Ajello, Vella-Wilkinson ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- TIP PROTECTION (Prohibits employers from receiving any portion of the tips given by customers to their tipped employees, with limited exceptions for credit card service charges.) House Bill No. 7400 BY Regunberg, Handy, Keable, Carson, Tobon ENTITLED, AN ACT RELATING TO HEALTH AND SAFETY -- ENERGIZE RHODE ISLAND: CLEAN ENERGY INVESTMENT AND CARBON PRICING ACT OF 2018 (Establishes a fee on companies that sell fossil fuels in Rhode Island and also establishes a receipt account to disburse the funds from.) Senate Bill No. 2188 BY Calkin, Miller, Sosnowski, Coyne, Seveney ENTITLED, AN ACT RELATING TO HEALTH AND SAFETY -- ENERGIZE RHODE ISLAND: CLEAN ENERGY INVESTMENT AND CARBON PRICING ACT OF 2018 (Establishes a fee on companies that sell fossil fuels in Rhode Island and also establishes a receipt account to disburse the funds from.) Senate Bill No. 2196 BY Nesselbush, Crowley, Paolino, Jabour, Miller ENTITLED, AN ACT RELATING TO TAXATION - SUGARY DRINKS (Creates a tax on sugary drinks for the purpose of reducing the demand for those beverages, and discouraging the excessive consumption of, sugary drinks.) Senate Bill No. 2237 BY Calkin, Seveney, Euer, Goldin, Miller ENTITLED, AN ACT RELATING TO HEALTH AND SAFETY -- COMPREHENSIVE HEALTH INSURANCE PROGRAM (Establishes a universal, comprehensive, affordable single-payer health care insurance program.) Senate Bill No. 2244 BY Calkin, Felag, Quezada, Goldin, Goodwin ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- WAGES (Gradually increases the hourly minimum wage from $9.60 to $15.00 on January 1, 2022, as well as gradually increasing the hourly minimum wage for employees receiving gratuities from $3.89 an hour to $15.00 an hour on January 1, 2026.) Senate Bill No. 2246 BY Raptakis, Morgan, Ciccone, Cote, Lombardo ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- MINIMUM WAGES (Increases the hourly minimum wage in accordance with the Consumer Price Index for the Northeast Region for the four (4) previous fiscal years, effective January 1, 2020.) Senate Bill No. 2247 BY Lynch Prata, Quezada, Crowley, Metts, Goodwin ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS - MINIMUM WAGE (Increases the minimum wages to eleven dollars ($11.00) per hour, commencing January 1, 2019, and to twelve dollars ($12.00) per hour, commencing January 1, 2020.) Carpenter will be responsible for the Credit Union's day-to-day and longer term operational functions as well as providing the organization with a strong centralized project and vendor management resource. Carpenter has over 15 years of experience in the banking industry, graduating with honors from Connecticut Banker's Association's Connecticut School of Finance and Management. Most recently, Carpenter was employed as Director of Project Management and BSA Officer at Savings Institute Bank & Trust. "Traci's wealth of knowledge and expertise in the banking industry, including many years of experience in retail, operations, lending, and project management, will be a tremendous asset to People's Credit Union. I am thrilled to have her on our team", noted Executive Vice President & Chief Operating Officer, Amy Martel. |
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