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​​Chamber Connections BLOG

Under the Dome:Tangible Tax SubA Passes Senate Finance Committee and Goes to the Senate Floor

5/30/2023

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Tangible Tax SubA Passes Senate Finance Committee and Goes to the Senate Floor
 
Some good news for the beginning of the week…The Senate Finance Committee passed S.928 SubA last week, and it is scheduled for a vote on the Senate Floor Thursday.  The amended bill provides a tangible property assessed value exemption up to $50,000 beginning in the tax year ending December 31, 2024.  An estimated 75% of all current tangible property taxpayers would have no tax liability under this proposal.  The total financial relief to the business community is estimated at $25 million.
 
Senate Files Wage Theft Bill – S.1079 - Wednesday Hearing – CALL TO ACTION
 
Senator Kallman introduced the S.1079 last week, the Senate companion bill to the Attorney General’s House bill H.5902.  Like its companion bill, S.1079 changes current state law to increase the criminal consequences for knowingly and willfully failing to pay employees properly and for knowingly and willfully misclassifying individuals as independent contractors instead of employees.
 
There is a strong effort from the unions to create a new Rhode Island definition of an independent contractor to make it more difficult to operate in Rhode Island as an independent contractor.
 
There are different tests that are under consideration at this time.  The most restrictive test, known as the ABC test, only allows individuals to operate as independent contractors if their activities are outside the normal course of a hiring entity’s activities.  Another test (AC test) allows independent contractors to operate if they are free from control and are “engaged in an independently established trade, occupation, profession, or business.”   Pennsylvania has a definition that applies only to the construction industry where most complaints seem to arise.  The Fair Labor Standards Act relies on a six-factor economic test: (1) the degree of control exercised by the alleged employer; (2) the extent of the relative investments of the worker and alleged employer; (3) the degree to which the worker's opportunity for profit and loss is determined by the alleged employer; (4) the skill and initiative required in performing the job; (5) the permanency of the relationship; and (6) the degree to which the alleged employee's tasks are integral to the employer's business.  Each test affects different businesses in different ways.  
 
If S.1079 passes with the felony language in place, and the definition changes, businesses will have to cease hiring independent contractors that no longer fit the definition or face felony charges and prison time.
 
The Senate Labor Committee is holding a hearing Wednesday, May 31st, at 4:00 in Room 212.  If you can attend and testify, please contact the Chamber so that we can sign your name to the testimony sheet.  If you cannot attend, please submit written testimony by Wednesday, 12:00 pm at SLegislation@rilegislature.gov and email a copy to the Chamber at ___________________.
 
We also need you to contact your legislators and the leadership now.  If you operate your business as a sole proprietor or if you hire independent contractors, it is imperative that you tell your legislators how the test options will affect you.  Provide your name, the name and location of your business, an explanation of why you are an independent contractor or how you utilize independent contractors, and what will happen if you have to hire employees to replace your current independent contractors. 
 
To find out who represents you go to https://vote.sos.ri.gov/Home/PollingPlaces?ActiveFlag=3 and enter your home address and information.  Contact your State Representative and your State Senator. 
 
Thank you for your help!
 
Wednesday, May 31st
 
The Senate Labor Committee has other items on its agenda in addition to Wage Theft and Independent Contractor status.  The Committee is expected to pass S.427 SubA which requires independent contractors to file an annual registration with the Department of Labor along with a $50 fee.  The fee must be filed by January 31st and it is only paid once regardless of the number of registrations filed by the independent contractor.  S.427 SubA requires the Department to provide a list of all registered ICs to the Department of Revenue by April 1st of each year.  http://webserver.rilegislature.gov/BillText/BillText23/Proposed23/S0427A.pdf
 
S.1054, An Act Relating to State Affairs and Government, increases the number of members on the Department of Labor’s Board of Review from three to five.  One of the new members must be a small business, defined as having thirty or fewer employees and less than $1 million in gross receipts. The Board of Review is an autonomous, quasi-judicial agency created by Rhode Island General Law. Its primary function is to hear and render decisions on appeals arising from the Department of Labor and Training (DLT), Unemployment Insurance and Temporary Disability/Temporary Caregivers Insurance divisions, and from employers on certain contested tax status issues. The Board of Review is statutorily independent from the Department of Labor and Training.  S.1054 can be viewed at http://webserver.rilegislature.gov/BillText/BillText23/SenateText23/S1054.pdf
 
S.821, An Act Relating to Labor and Labor Relations – Workplace Psychological Safety Act is back for a second hearing.  It is unclear if a SubA will be posted prior to the meeting.  This is the new version of what was previously called the workplace “bullying” bill.  The bill begins by stating that employees have a right to a physically safe work environment and to a psychologically safe workplace.  The term “employee” includes full and part-time workers, independent contractors and temporary employees.  Employers have a “responsibility” to monitor, prevent, discourage and address issues or allegations of psychological abuse in the workplace.  “Psychological abuse” specifically includes behaviors such as: exclusion, marginalization, spreading of lies, withholding vital information, abusive gestures, frequent request for work below competence level, long-term assigning of tasks beyond the employee’s duties without compensation, physical isolation, ignoring, regular inconsistent instructions, unmanageable workloads, taking credit for work, making snide comments or ridicule publicly, exclusion from work-related social gatherings, changes that could jeopardize future career prospects, discounting a person’s work proposals or opinions, persistent criticism, excessive monitoring, threat of dismissal, and changing work conditions or duties.  Within ninety days of enactment, all employers must adopt policy procedures to comply with the law and train managers and supervisors to handle complaints.  Employers must have an independent third-party reporting option for employees (which includes independent contractors).  When psychological abuse occurs between employees of different employers, all employers are concerned are responsible for investigating and responding to the complaint.  S.821 includes a quarterly reporting process; and establishes a fund to pay for state agency response to violations of the act.  Employers will pay a premium – similar to workers compensation – in which each employer pays more as complaints are filed.  The bill includes fines for employers that fail to properly respond to complaints, and to individuals that engage in psychological abuse.  The bill can be read in its entirety at: http://webserver.rilegislature.gov/BillText/BillText23/SenateText23/S0821.pdf 
 
If you wish to provide written testimony on any of these bills, email your comments by Wednesday at 12:00pm to SLegislation@rilegislature.gov
 
Thursday, June 1st  
 
The Senate Judiciary Committee has a full agenda on Thursday that includes one bill the Chamber has been tracking.  S.1043, An Act Relating to Labor and Labor Relations - Fair Employment Practices Act creates individual liability for any person, employer, or employees who directly or indirectly commit any act declared to be an unlawful employment practice.  This bill seems to be aimed at overturning a 2017 Rhode Island Supreme Court decision - Mancini vs City of Providence. The case involved a Providence Police Sergeant who alleged he was illegally denied a promotion based on discriminatory factors; and he attempted to sue then Chief of Police, Hugh Clements, Jr. personally.  The Rhode Island Supreme Court stated, “allowing for the possibility of individual li­ability would have a predictably chilling effect on the discretionary management decisions of supervisory em­ployees.”  The Chamber encourages members of human resource staffs to submit testimony for the Thursday hearing at SLegislation@rilegislature.gov
 
 
The following new bills were filed last week:
 
Senate Bill No. 1079  Kallman , AN ACT RELATING TO LABOR AND LABOR RELATIONS -- PAYMENT OF WAGES (Increases the criminal penalties for wage theft and employee misclassification.)  http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S1079.pdf
 
Senate Bill No. 1081  Ciccone, F. Lombardi, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- WORKERS' COMPENSATION -- BENEFITS (Amends sections of law relative to workers compensation benefits and medical services to be provided by the employer, employees not entitled to compensation, and additional compensation for specific injuries.)  http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S1081.pdf
 
Senate Bill No. 1082  Britto, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- HEALTHY AND SAFE FAMILIES AND WORKPLACES ACT (Amends the definition of employee to remove apprenticeships and interns and any other individuals pursuant to the provisions of the Fair Labor Standards Act (FLSA), 29 U.S.C. Section 203 et seq.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S1082.pdf
 
House Bill No. 6434  Craven, Caldwell, AN ACT RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- EVIDENCE (Provides that statements of apology or sympathy by a healthcare provider to a patient, patients relatives or representatives regarding a patients unanticipated medical care outcome are inadmissible as evidence of liability.) http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H6434.pdf
 
House Resolution No. 6449  Carson, HOUSE RESOLUTION CREATING A SPECIAL LEGISLATIVE COMMISSION TO REVIEW AND PROVIDE RECOMMENDATIONS FOR POLICIES THAT DEAL WITH NUMEROUS ECONOMIC AND SOCIAL SHORT-TERM RENTALS ISSUES CONCURRENTLY (Creates a 15 member commission to review and provide recommendations for concurrent policies dealing with numerous economic and social short-term rentals issues, and report back by March 15, 2024, would expire on April 15, 2026.)  http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H6449.pdf 
 

 
 
 

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Under the Dome - ​***  Call to Action!!!  We Still Need Your Help ***

5/22/2023

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​***  Call to Action!!!  We Still Need Your Help ***
 
Wage Theft and Independent Contractor Misclassification Felony  - H.5902
 
As previously reported in Advocacy in Action, the Attorney General has requested a change in the law to increase the criminal consequences for failing to pay employees properly and for misclassifying individuals as independent contractors instead of employees.
 
There is a strong movement from the unions to create a new Rhode Island definition of an independent contractor to make it more difficult to operate in Rhode Island as an independent contractor.
 
Under consideration is a definition that states individuals may only be independent contractors if their activities are outside the normal course of a business’s activities.  If you have a bookkeeper on staff, you could not hire an independent contractor to complete payments or financial reports.  If you are a hairdresser that rents a chair, you will have to become an employee, no longer able to work for yourself.  If you are a nursing home with nurses on staff, per diem nurses paid as independent contractors could not be hired.  If you have an IT person on staff, you could not hire an independent contractor to trouble shoot a particular problem.  If your employee takes FMLA, you cannot hire an independent contractor to fill in during the absence. 
 
A second test under consideration bases the decision on control over the employee and whether the occupation is one that is traditionally filled by independent contractors.  To legally be an independent contractor under this alternate test, the person must meet both factors.  The courts will have to decide which occupations fall into that category and how to handle emerging occupations going forward.
 
If H.5902 passes with the felony language in place, and the definition changes, businesses will have to cease hiring independent contractors that no longer fit the definition or face felony charges and prison time.
 
We need you to contact your legislators and the leadership now.  If you operate your business as a sole proprietor or if you hire independent contractors, it is imperative that you tell your legislators not to change the definition of an independent contractor.  Provide your name, the name and location of your business, an explanation of why you are an independent contractor or how you utilize independent contractors, and what will happen if you have to hire employees to replace your current independent contractors. 
 
To find out who represents you go to https://vote.sos.ri.gov/Home/PollingPlaces?ActiveFlag=3 and enter your home address and information.  Contact your State Representative and your State Senator.  Also, we ask that you send the email to rep-shekarchi@rilegislature.gov
 
Thank you for your help!
 
Tuesday, May 23rd
 
The Senate Finance Committee will be voting on S. 928, An Act Relating to Taxation – Statewide Tangible Property Tax Exemption.  S.928 provides a tangible property assessed value exemption up to $100,000 beginning in the tax year ending December 31, 2024.  An estimated 85% of all current tangible property taxpayers would have no tax liability once the $100,000 exemption level is reached.  That means approximately 32,000 small businesses may no longer be required to file the annual tax form and to pay the tax.  By passing this bill prior to the House creation of a budget, the Senate is sending a loud message that it wishes this language to be included in the budget document.
 
The Senate Commerce Committee is scheduled to vote on S.171, An Act Relating to Commercial Law – Unfair Sales Practices.  This bill addresses subscriptions that automatically renew.  Businesses offering such subscriptions would be required to provide clear and conspicuous notice about the renewal process and how to cancel the renewal.  The specifics of the notice requirements can be found at: http://webserver.rilegislature.gov/BillText/BillText23/SenateText23/S0171.pdf
 
 
Thursday, May 25th
 
The Senate Environment Committee will vote on S.14, An Act Relating to Food and Drugs – Disposable Food Service Containers, prohibits food establishments from using polystyrene foam food containers, bowls, plates, trays, cartons, cups, lids, sleeves or plastic beverage stirrers.  Agricultural fairs, farmers’ markets and food pantries are exempt.  Violations of the act are subject to a $100 fine.  The bill is effective upon passage.
 
Senate Labor has scheduled a vote on two bills of concern to the business community.  The first one increases unpaid family leave.  S.145, An Act Relating to Labor Relations – Rhode Island Parental and Family Medical Leave Act, increases the amount of parental or family leave available to an employee from thirteen (13) weeks to twenty-four (24) weeks in any two (2) calendar years.  If an employer provides paid leave to employees for a period of time, the additional weeks added under this proposal may remain as unpaid leave. The bill calls for an effective date “upon passage.”  The law, as it stands today, applies to employers with 50 or more employees.  Leave is available for the care of family members, defined as “a parent, spouse, child, mother-in-law, father-in-law, or the employee himself or herself.”
 
The second bill, S.425, An Act Relating to Criminal Offenses – Identity Theft Protection Act of 2015, amends notification requirements when a company experiences a security breach.  Under current law, businesses that use or store personal information – including account numbers and credit card numbers, among other items – must notify consumers of a breach within 45 days of the breach event.  This timeframe was meant to provide businesses with the time needed to close off any unauthorized access and stop bad actors from doing more harm before the breach becomes public.  S.425 shortens the notification deadline to 15 calendar days; and the State Police must be notified within 24 hours of the detection of the breach. The legislation also awkwardly refers to employees of a local bargaining unit, and the requirement to notify the union leadership of the breach if employees are unionized.  This language makes sense, if the business affected is a state or local government, but does not make sense if the breach takes place in a private company with affected customers.  Any business that fails to comply with the notification rules is subject to a civil penalty of $100 per record for a reckless violation, and $200 per record for a knowing and willful violation.  Unless amended, the language in the bill calls for an effective date upon passage.
 
 
 
The following new bills were filed last week:
 
House Bill No. 6426  Shekarchi, Blazejewski, Ackerman, Solomon, Edwards, Kazarian, Hull, Baginski, AN ACT RELATING TO HEALTH AND SAFETY -- THE RHODE ISLAND LIFE SCIENCE HUB ACT (Creates the Rhode Island Life Science Hub, a quasi-public corporate body and agency of the state to coordinate life science initiatives on behalf of Rhode Island.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H6426.pdf
 
Senate Bill No. 988  Lombardo, Ruggerio, Pearson, DiPalma, Zurier, Acosta, Gu, Britto, F. Lombardi, DiMario, AN ACT RELATING TO MOTOR AND OTHER VEHICLES -- PARKING FACILITIES AND PRIVILEGES (Requires electric vehicle parking spaces in new and expanded parking lots.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0988.pdf
 
Senate Bill No. 1000  Pearson, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE RHODE ISLAND ALL-PAYER HEALTH CARE PAYMENT REFORM ACT (Requires health insurance commissioner/Medicaid director convene a working group to develop models for reforming payment for healthcare insurers based on advanced value-based payment with annual reports to general assembly.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S1000.pdf
 

Senate Bill No. 1032  F. Lombardi, LaMountain, McKenney, Ujifusa, Zurier, Euer, AN ACT RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES (Amends certain general laws relative to zoning ordinance variances, special use permits, modifications thereto and also amends provisions relative to substandard lots of record and the merger of such lots.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S1032.pdf
 
Senate Bill No. 1033  Pearson, McKenney, AN ACT RELATING TO TOWNS AND CITIES -- RHODE ISLAND COMPREHENSIVE PLANNING AND LAND USE ACT (Amends the required contents of a comprehensive plan providing that the "implementation program" component of the requirements include a 5 year strategic plan to ensure that the comprehensive plan goals and policies are implemented in a timely fashion.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S1033.pdf
 
Senate Bill No. 1035  Burke, AN ACT RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES (Provides that adaptive reuse for the conversion of commercial property into residential or mixed-use developments shall be a permitted use and allowable by specific and objective provisions of a zoning ordinance, subject to certain restrictions.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S1035.pdf
 
Senate Bill No. 1043  F. Lombardi, LaMountain, McKenney, Ujifusa, Euer, Zurier, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- FAIR EMPLOYMENT PRACTICES (Prohibits an employer, employment agency, labor organization, or employee from directly or indirectly committing any act declared to be an unlawful employment practice or the employee or employer may be held personally liable.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S1043.pdf
 

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Under the Dome: Wage Theft and Independent Contractor Misclassification Felony

5/15/2023

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​***  Call to Action!!!  ***
 
Wage Theft and Independent Contractor Misclassification Felony
 
Last week the Chamber testified on H.5902, An Act Relating to Labor and Labor Relations – Payment of Wages.  We believe this bill will be scheduled for a vote in some form before the end of the legislative session. The Chamber needs every business that operates as an independent contractor or hires independent contractors to contact their legislators now!
 
The Attorney General has requested a change in the law to increase the criminal consequences for failing to pay employees properly and for misclassifying individuals as independent contractors instead of employees.
 
There was a strong movement from the unions attending the hearing to change the definition of an independent contractor to make it more difficult to operate in Rhode Island as an independent contractor.
 
Under consideration is a definition that states individuals may only be independent contractors if their activities are outside the normal course of a business’s activities.  If you have a bookkeeper on staff, you could not hire an independent contractor to complete payments or financial reports.  If you are a nursing home with nurses on staff, per diem nurses could not be hired.  If you have an IT person on staff, you could not hire an independent contractor to trouble shoot a particular problem.  If your employee takes FMLA, you cannot hire an independent contractor to fill in during the absence. 
 
A second test under consideration bases the decision on control over the employee and whether the occupation is one that is traditionally filled by independent contractors.  To legally be an independent contractor under this alternate test, the person must meet both factors.  The courts will have to decide which occupations fall into that category and how to handle emerging occupations going forward.
 
If H.5902 passes with the felony language in place, and the definition changes, businesses will have to cease hiring independent contractors that no longer fit the definition or face felony charges and prison time.
 
We need you to contact your legislators now.  If you operate your business as a sole proprietor or if you hire independent contractors, it is imperative that you tell your legislators not to change the definition of an independent contractor.  Provide your name, the name and location of your business, an explanation of how you utilize independent contractors, and what will happen if you have to hire employees to replace your current independent contractors. 
 
Thank you for your help!
Monday, May 15th
 
The House Oversight Committee is meeting Monday at 3:00 to hear a presentation from the RI Department of Transportation concerning the progress and plans for meeting the greenhouse gas emission reductions required under the 2021 Act on Climate.  Governor McKee announced that the Rhode Island Department of Environmental Management (DEM) is moving to adopt the California Advanced Clean Cars II Standards (ACCII).  In its most simple form, McKee stated that ACCII requires a ramp-up of the sale of ZEVs in Rhode Island from 35% of all new vehicles sold in Rhode Island in 2026 to 100% ZEVS in 2035. Eligible ZEVs include battery electric vehicles, plug-in hybrid vehicles, and fuel cell electric vehicles. The Providence Journal reported an interim target of 68% of sales in 2030.    Residents will still be able to purchase fossil fuel cars from other states, and will be able to purchase used fossil fuel vehicles.  However, should the new sale targets not be met, the State will be forced to alter the rule in order to meet the 2021 Act on Climate.
 
The proposed regulation can be found at https://dem.ri.gov/environmental-protection-bureau/air-resources/advanced-clean-cars-ii-advanced-clean-trucks  Comments must be submitted to DEM by May 18th by using the following form:  https://ri.commentinput.com/?id=PTBJi
 
The Oversight Committee will likely hear more about this program as well as efforts underway to create electric vehicle charging stations along the interstate corridor.
 
Tuesday, May 16th
 
The Senate Commerce Committee is meeting Tuesday at the Rise (approximately 4:30) in Room 212.  Scheduled for hearing is S.166, An Act Relating to Public Property and Works – The Green Buildings Act.  The bill requires the Office of Energy Resources to establish building energy performance standards for large commercial and residential buildings.  “Large building” includes residential and commercial buildings with 25,000 sq. ft or more starting January 1, 2023.  Beginning January 1, 2026, the definition includes buildings with more than 20,000 sq. ft. and it brings in buildings with over 15,000 sq. ft. starting January 1, 2029.  Owners of large buildings would be required to fill out annual reports disclosing energy use.  Should buildings not meet the required energy performance standards adopted by the state, the bill outlines pathways to gradually decrease energy use and emissions until the building comes into compliance.  The ten-page bill can be found, in its entirety at  http://webserver.rilegislature.gov/BillText/BillText23/SenateText23/S0166.pdf  If you wish to submit comments on the bill, email testimony to slegislation@rilegislature.gov
 
 
Wednesday, May 17th
 
The Senate Labor Committee is meeting at 4:00 pm in Room 212.  Two bills scheduled for hearing are S.427 and S.425.
 
S.427, An Act Relating to Labor and Labor Relations – Workers Compensation – General Provisions, requires independent contractors to file an annual declaration to the Workers’ Compensation Court along with a $50 filing fee.  The fee is to be filed once, regardless of how many forms are filed; and it appears the independent contractor would be required to file a form for each client relationship.  The Department of Labor and Training would provide a report to the Department of Revenue listing all independent contractors filing with the court.
 
S.425, An Act Relating to Criminal Offenses – Identity Theft Protection Act of 2015, amends notification requirements when a company experiences a security breach.  Under current law, businesses that use or store personal information – including account numbers and credit card numbers, among other items – must notify consumers of a breach within 45 days of the breach event.  This timeframe was meant to provide businesses with the time needed to close off any unauthorized access and stop bad actors from doing more harm before the breach becomes public.  S.425 shortens the notification deadline to 15 calendar days; and the State Police must be notified within 24 hours of the detection of the breach. The legislation also awkwardly refers to employees of a local bargaining unit, and the requirement to notify the union leadership of the breach if employees are unionized.  This language makes sense, if the business affected is a state or local government, but does not make sense if the breach takes place in a private company with affected customers.  Any business that fails to comply with the notification rules is subject to a civil penalty of $100 per record for a reckless violation, and $200 per record for a knowing and willful violation.  The language in the bill calls for an effective date upon passage.
 
Testimony on either of these bills may be submitted to the committee by 3:00 pm at: SLegislation@rilegislature.gov
 
 
The Senate Committee on Special Legislation & Veterans Affairs is meeting Wednesday at 4:30 pm in Room 211.  The committee will be voting to pass S.444, An Act Relating to Holidays and Days of Special Observance, seeks to establish June 19th (or the Monday following the 19th if the day falls on a Saturday or Sunday) as Juneteenth National Freedom Day. This day would become a mandated holiday for businesses at the time and a half requirement unless exempt under another state law. 
 
 
There were no new bills of particular interest to the business community filed last week.
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Under the Dome: Call to Action!  PLEASE READ!

5/8/2023

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Picture
Call to Action!  PLEASE READ!
 
The Chamber is asking you to come to the State House this week and/or contact your legislators TODAY! 
 
Tangible Tax Exemption – Tuesday, May 9th
 
On the business-friendly side of the ledger, S.928 and S.955, Acts Relating to Taxation – Statewide Tangible Property Tax Exemption are being heard in the Senate Finance Committee Tuesday, May 9th at the Rise (approximately 4:30 pm).  S.928 provides a tangible property assessed value exemption up to $100,000 beginning in the tax year ending December 31, 2024.  The exemption applies to both municipal and fire district assessments. Similar to the car excise tax phase-out, the state would reimburse the taxing entity for the loss in revenue.  S.955 provides tangible tax relief as well, and reimbursement to the taxing entity, but phases it in over a longer period of time.  The exemption starts at $5,000 of assessed value in the tax year ending December 31, 2024; increases to $20,000 in 2025; $50,000 in 2026; $100,000 in 2027; and $250,000 in the tax year ending December, 31, 2028. 
 
An estimated 85% of all current tangible property taxpayers would have no tax liability once the $100,000 exemption level is reached.  That means approximately 32,000 small businesses may no longer be required to file the annual tax form and to pay the tax.
 
Property taxes levied by cities and towns represent arguably the most onerous and anticompetitive tax burden imposed on businesses in Rhode Island.  Rhode Island has some of the nation’s highest property taxes in the country – 9th highest property tax collections per capita.  Why is this important? Because, studies have shown that high commercial real estate and tangible taxes discourage investment and hinder economic development, and tangible taxes may also discourage businesses from making the capital investments needed to expand or to become more productive.
 
Please send an email to SenateFinance@rilegislature.gov before 3:00 pm Tuesday, May 9th.  Simply tell the committee, your name, company name and location, and how the paying of the tangible tax affects your business. Thank them for considering your testimony.
 
 
Wage Theft and Independent Contractor Misclassification Felony – Thursday, May 11th
 
The Chamber does not ask you to come to the State House often, but we are asking now.  On Thursday, May 11th at the Rise, approximately 4:30 pm in the House Lounge, the House Judiciary Committee will be taking testimony on H.5902, An Act Relating to Labor and Labor Relations – Payment of Wages.  This will likely be the only hearing on this House bill, regardless of any amendments that may come after the initial hearing Thursday.  Why does that matter?  Please read this entire article to understand the potential scope of this proposal.
 
The Attorney General has requested a change in the law to increase the criminal consequences for failing to pay employees properly and for classifying individuals as independent contractors when the government believes those individuals should be considered employees.  There are two distinct pieces to this bill – failure to pay wages properly and the misclassification of employees as independent contractors:
 
Failure to pay employees includes:

  • Willful failure to pay wages on a regular pay day.  This will likely include any businesses paying employees on a bi-weekly basis without permission or a specific exemption from the state.
  • Willful failure to pay any employee wages owed at the time of termination of employment.  Businesses are required to pay employee wages owed on the “next regular payday.”   If the business is liquidating or merging, employee wages are due within 24 hours of the separation of employment
  • Willful failure to withhold union dues and pay those dues to the union
  • Willful failure to pay wages owed to a deceased employee to the appropriate person/entity within 30 days of death
 
If the amount of wages owed in any of the scenarios mentioned above, is valued between $1,500 and $5,000, the employer is subject to imprisonment for up to three years and a fine equal to two times the value of the wages.  If the amount owed is between $5,000 and $10,000, the employer is subject to imprisonment for up to six years and a fine equal to two times the value of the wages.  If the amount of wages owed is more than $10,000, the employer is subject to imprisonment up to ten years and a fine equal to two times the wages owed.  It is unclear who would stand in the shoes of the employer to be subject to prison time.
 
Misclassification of employees:

  • Under current Rhode Island law, the ability of an individual to operate as an independent contractor (IC) is determined through the use of the US Internal Revenue Service’s common law factor analysis.  There have been numerous legal cases and agency guidance documents issued over decades to help a very diverse business environment determine who can be an IC and who must be subject to employee status.
  • Factors include items such as: level of control over the person, ownership of necessary equipment, written contract existence, how job-related expenses are handled, how vacations are handled, how long the relationship has lasted, does the individual have multiple clients, does the individual have the ability to make profits or losses, etc.  There is no magic number of factors that need to be met to be considered an IC. 
  • The continued use of the IRS test is extremely important as industries are unique and emerging with new technologies and services.  There is no “one size fits all” definition across industry sectors.
 
H.5902 changes the knowing and willful misclassification of an employee as an independent contractor to a felony subject to imprisonment up to three years and a fine of up to two times the value of the wages or $10,000, whichever is greater, for the first offense.  Any subsequent offense, within a five-year timeframe, is a felony subject to imprisonment up to five years and a fine of three times the value of the wages or $20,000 whichever is greater.  Again, it is unclear who within the company would serve actual prison time.
 
*** IMPORTANT*** There is an effort to change the definition of independent contractor in the State of Rhode Island to make it more difficult to classify an individual as an independent contractor.  While H.5902 does not include language to change the definition, there is an effort underway to amend the bill after the Thursday hearing and no further hearing would be required under the legislative rules.  The Senate has a bill that limits IC status to those who can meet all of the following: (1) free from control and direction of the hiring entity, (2) the activity is outside the usual course of the hiring entity’s business, and (3) the person is customarily engaged in an independently established trade, occupation, or business, of the same nature as that involved in the work performed.  Should this language or some version of this language be inserted into H.5902, the ability of individuals to operate as an independent contractors will disappear and businesses that fail to place their independent contractors on the payroll as employees, will be guilty of a felony.
 
We need you to contact your legislators now.  If the wage theft piece of H.5902 is a concern to your business, tell them why.  If you hire independent contractors, it is imperative that you tell your legislators not to change the definition of an independent contractor.  Provide your name, the name and location of your business, and explanation of how you utilize independent contractors, and what will happen if you have to hire employees to replace your current independent contractors. 
 
Written testimony for the committee should be submitted by noon Thursday, May 11th at:  HouseJudiciary@rilegislature.gov  If you can attend the hearing Thursday, please submit written testimony as well.  Thank you for your help!
 
 
 
The following new bill has been filed:
 
House Bill No. 6357  Morales, Henries, Stewart, Giraldo, J. Lombardi, Sanchez, Speakman, Batista, Cruz, Biah, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- CREATING GREEN JUSTICE ZONES AND FURTHERING ENVIRONMENTAL JUSTICE (Creates Green Justice Zones to further Environmental Justice for traditionally underserved Rhode Islander communities.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H6357.pdf
 
Senate Bill No. 955  de la Cruz, Rogers, Tikoian, DiPalma, Lombardo, Ciccone, Burke, Pearson, AN ACT RELATING TO TAXATION -- STATEWIDE TANGIBLE PROPERTY TAX EXEMPTION (Phases in a permanent tax exemption over 5 years for tangible personal property of businesses of less than $250,000 of assessed value. Provides reimbursement from state revenues for the amount of lost tax revenue resulting from the exemption.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0955.pdf
 
House Bill No. 6372  Solomon, AN ACT RELATING TO HIGHWAYS -- CONSTRUCTION AND STATE MAINTENANCE OF STATE ROADS (Requires DOT to notify any surrounding residential property owners and commercial businesses of any proposed temporary or permanent closure to vehicular traffic of any street, highway or bridge, and to hold a public meeting in regards to closure.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H6372.pdf
​

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Under The Dome: Advocacy in Action

5/2/2023

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​This Week At the State House
 
Tuesday, May 2nd  
 
The Senate Commerce Committee will meet Tuesday at the Rise (approximately 4:30pm) in Room 212 to discuss a few bills of interest to the business community. 
 
S.173, An Act Relating to Labor and Labor Relations – The Commuter Transportation Benefits Act, affects businesses with 500 or more employees working in the state.  The bill requires these entities to create a pre-tax transportation benefit consistent with section 132(f) of the IRS Code at the maximum benefit levels allowable.  The amount would be deducted from an employee’s gross income.  State and local employers are exempt as are employees subject to a collective bargaining agreement or any business that can show the establishment of the program would pose a severe financial hardship.  Any employer that fails to comply is subject to a civil penalty for the first offense of $100-$250 and will have 90 days to come into compliance.  After the 90 days have passed, if the employer still fails to comply, a civil penalty of $250 will be assessed every 30 days until the entity implements a program.
 
S.473, An Act Relating to Labor and Labor Relations – Payment of Wages requires every Rhode Island business, with thirty or more employees, to post competitive salary ranges for open positions on the company’s hiring page or on third-party hiring platforms.  If an employer fails to post the appropriate information, it is guilty of a misdemeanor and can be fined $400 for each separate offense or imprisoned up to one year.
 
S.754, An Act Relating to Commercial Law – Rhode Island Data Transparency and Privacy Protection Act, is an eighteen-page bill that seeks to restrict the sale of an individual’s personal information to third parties.  This often happens on the internet and is why you see pop-up ads for products and services related to internet searches and other on-line activities.  But there are many reasons businesses collect and sell data to assist customers.  S.754 applies to owners of websites or online services with more than ten employees.  Personal data includes a name and a credit card number, or a license number, debit card number, geolocation data, etc. An owner of such a site must clearly disclose all of the categories of information it collects, as well as all third parties to whom the owner discloses the information.  Customers must be given an opportunity to opt out of the collection of the data, and they must be permitted to review any data collected and to correct it if they wish.  The bill exempts company loyalty programs, rewards programs and club programs such as discount clubs.  S.754 exempts financial institutions and HIPAA organizations, but then pulls them back in on the last page of the bill.  The bill exempts a number of specialized entities like educational facilities, human research programs, contractors working with the government, etc.  Violations of the proposal fall under the penalties of the deceptive trade practices act and includes a fine of $100 to $500 for each inappropriate disclosure of data.  There is no private right of action permitted.  This bill is very comprehensive.  If you have an interest in this issue, the bill can be viewed at:  http://webserver.rilegislature.gov/BillText/BillText23/SenateText23/S0754.pdf
 
If you wish to submit written testimony, email it to slegislation@rilegislature.gov by 3:00pm Tuesday, May 2, 2023.
 
Wednesday, May 3rd
 
The House Finance Committee will be discussing the expansion of family and parental leave in the form of H.5990, An Act Relating to Labor and Labor Relations – Rhode Island Parental and Family Leave Act.  At 4:00 in Room 35, this very simple bill will be heard.  H.5990 increases the amount of parental or family leave available to an employee from thirteen (13) weeks to twenty-four (24) weeks in any two (2) calendar years.  If an employer provides paid leave to employees for a period of time, the additional weeks added under this proposal may remain as unpaid leave. The bill calls for an effective date “upon passage.”  The law, as it stands today, applies to employers with 50 or more employees.  Leave is available for the care of family members, defined as “a parent, spouse, child, mother-in-law, father-in-law, or the employee himself or herself.”  To submit written testimony, use the following link:  HouseFinance@rilegislature.gov
 
 
Thursday, May 4th
 
A familiar bill is scheduled for hearing in the Senate Labor Committee Thursday at the Rise in room 211.  S.243, An Act Relating to Health and Safety – Catastrophic Illness in Children Relief Fund has been considered in previous years.  It creates a fund to financially assist families of children with grave illnesses.  S.243 relies on revenues collected through a new $1.50 per employee tax on businesses. According to the Department of Labor and Training’s March report, there are 490,000 nonfarm employees which includes 65,900 government employees.  Presumably, this tax would raise over $600,000 for the fund.  If you wish to submit testimony, email it to  SenateFinance@rilegislature.gov by 3:00 pm Thursday.
 
 
The following new bill has been filed:
 
House Bill No. 6327  Fellela, Messier, Potter, Cruz, Serpa, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- HEALTHY AND SAFE FAMILIES AND WORKPLACES ACT (Mandates that the work week be reduced to thirty-two hours and rate of pay for a thirty-two (32) hour workweek would remain the same as the rate of pay for forty hours.)  http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H6327.pdf
 
House Bill No. 6343  Alzate, Henries, Stewart, Speakman, Cotter, Spears, Casimiro, Kazarian, McEntee, Kislak, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- MENSTRUATION LEAVE ACT (Grants leave of up to three (3) days per month to menstruating employees.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H6343.pdf
 
House Bill No. 6344  Alzate, Stewart, Potter, Cruz, Sanchez, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- HEALTHY AND SAFE FAMILIES AND WORKPLACES ACT (Mandates that the work week be reduced to thirty-two hours and rate of pay for a thirty-two (32) hour workweek would remain the same as the rate of pay for forty hours.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H6344.pdf
 

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Under the Dome: ​Message from the Department of Labor – Don’t Overpay Unemployment Tax

4/24/2023

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​Message from the Department of Labor – Don’t Overpay Unemployment Tax
 
The Rhode Island Department of Labor is urging all businesses to double check their unemployment tax rate which can be found on your quarterly TX-17 form.
 
According to DLT, many employers have been using an incorrect or old tax rate and overpaying/underpaying their unemployment taxes. Please check your tax rate prior to paying your next quarterly TX-17. First quarter taxes for 2023 are due on or before April 30. While DLT does issue refunds for overpaid taxes, the simple step of checking the rate can save both time and money for businesses and for the state. Underpaying your taxes will lead to unwanted penalties and interest. If you have a payroll company paying your quarterly taxes, make sure they are using the correct rate for your company.
Employers may contact the Employer Tax Division at (401) 574-8700, option 1 to obtain their tax rate. You will need your company name, address, Federal ID and your state account number to obtain your tax rate.
 
 
This Week At the State House
 
Tuesday, April 25th
 
Calling all retailers and restaurants – on Tuesday at the Rise (approximately 4:30) in room 212, the Senate Commerce Committee is taking testimony on S.759, An Act Relating to Commercial Law – Gift Card Fraud.  S.759 requires all entities that sell gift cards to display a notice at the location where cards are sold.  The notice must caution the purchaser about prepaid card scams and instruct the purchaser on what to do if they suspect they might be a potential victim of such a scam. Employers must train employees on how to identify and respond to gift card fraud and the Attorney General is directed to distribute materials to assist with training.  Failure to comply with this law carries a penalty of $500.  Written testimony should be emailed to slegislation@rilegislature.gov
 
H.5897, An Act Relating to Public Utilities and Carries, is the topic of discussion in the House Corporations Committee at the Rise in room 135.  This bill creates a tiered rate system for electricity and natural gas customers whose household income level is below 150% of the federal poverty level and who are eligible for LIHEAP assistance or Medicaid. For these households, the plan envisions capping electric rates to ensure that they pay no more than 3% of their income on electricity or 6% of their income if the house utilizes electricity as a sole source of heat.  The program will be funded by increased rates assessed on all other customers.  The Keiser Foundation 2021 report estimates 11.5% of individuals in Rhode Island were living in households under 100% of the poverty level (the latest census report estimates it at 11.4%) and 13.7% of individuals were living in households under 199% of the poverty level.  Keiser did not provide a breakdown for 150% of poverty level.
 
Wednesday, April 26th
 
It will be a busy day in the Senate Labor Committee Wednesday at 4:00 sharp in room 212. 
 
S.821, An Act Relating to Labor and Labor Relations – Workplace Psychological Safety Act will be heard.  This is the new version of what was previously called the workplace “bullying” bill.  The bill begins by stating that employees have a right to a physically safe work environment and to a psychologically safe workplace.  The term “employee” includes full and part-time workers, independent contractors and temporary employees.  Employers have a “responsibility” to monitor, prevent, discourage and address issues or allegations of psychological abuse in the workplace.  “Psychological abuse” specifically includes behaviors such as: exclusion, marginalization, spreading of lies, withholding vital information, abusive gestures, frequent request for work below competence level, long-term assigning of tasks beyond the employee’s duties without compensation, physical isolation, ignoring, regular inconsistent instructions, unmanageable workloads, taking credit for work, making snide comments or ridicule publicly, exclusion from work-related social gatherings, changes that could jeopardize future career prospects, discounting a person’s work proposals or opinions, persistent criticism, excessive monitoring, threat of dismissal, and changing work conditions or duties.  Within ninety days of enactment, all employers must adopt policy procedures to comply with the law and train managers and supervisors to handle complaints.  Employers must have an independent third-party reporting option for employees (which includes independent contractors).  When psychological abuse occurs between employees of different employers, all employers are concerned are responsible for investigating and responding to the complaint.  S.821 includes a quarterly reporting process; and establishes a fund to pay for state agency response to violations of the act.  Employers will pay a premium – similar to workers compensation – in which each employer pays more as complaints are filed.  The bill includes fines for employers that fail to properly respond to complaints, and to individuals that engage in psychological abuse.  The bill can be read in its entirety at: http://webserver.rilegislature.gov/BillText/BillText23/SenateText23/S0821.pdf 
 
A number of minimum wage bills are also on the schedule for hearing and possible consideration. S.37, An Act Relating to Labor and Labor Relations – Minimum Wages, increases the minimum wage to $15 per hour starting January 1, 2024 and to $20 per hour starting January 1, 2025.  S.138 An Act Relating to Labor and Labor Relations – Minimum Wages, keeps the current minimum wage increase schedule in place and then increases the wage by the CPI starting January 1, 2028 (if the CPI decreases, the wage does not decrease).  S.142 is a resolution creating an eleven-member study commission to complete a comprehensive study of Rhode Island’s minimum wage and report its findings in 2025.  S.826, An Act Relating to Labor and Labor Relations – Minimum Wages, increases the minimum wage to $15.50 per hour starting January 1, 2025, $17 per hour starting January 1, 2026, $18.50 January 1, 2027, and $20 per hour January 1, 2028.  S.837, An Act Relating to Labor and Labor Relations – Minimum Wages keeps the current wage increase schedule, and then increases the minimum wage by the CPI starting January 1, 2026.
Also on the Wednesday agenda is Senate Labor is S.663, An Act Relating to Labor and Labor Relations – Payment of Wages which changes an employer’s responsibilities as it relates to providing for employees with statements of earnings.  Today employers must include the hours worked, deductions from gross earnings and an explanation of those deductions.  S.663 adds items such as the last four digits of the social security number, deduction explanations in the employee’s preferred language, the employer’s address and name, and output information if pay is based on quantity.  S.663 also requires employers to provide a type of “mini employee handbook” to employees in each employee’s primary language. The information includes items such as: wage information, benefits, holiday information, sick time, and travel and expense policies.  DataUSA reports that 22.4% of Rhode Island households report speaking a primary language other than English.  While the most common non-English language spoken in Rhode Island is Spanish followed by Portuguese, there are reportedly forty-one languages spoken as a primary language in the State.  Some families are fluent in both their primary language and English, others are not.  S.636 requires employers to adapt to the needs of each individual employee.
 
Finally, S.430, An Act Relating to Labor and Labor Relations – Minimum Wages, changes the definition of “employee” in the State of Rhode Island.  The legislation adopts what is known as the “ABC” test to determine whether an individual is an employee or an independent contractor (IC).  If passed, S.430 would require and individual to meet three standards to be classified as an IC: (1) free from the control and direction of the hiring entity; (2) person performs work that is outside the usual course of the hiring entity's business; AND (3) person is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.  The state definition would override the use of the IRS federal factors.  Particularly troublesome is the second factor “outside the usual course” of business.  If you have someone on staff that performs a similar function, or if your mission includes a particular function, any outside individual hired will have to be classified as an employee.  This could easily include lawyers, CPAs, computer service professionals, nurses, occupational therapists, cleaners, etc.
 
If you wish to submit testimony on any of the bills in Senate Labor, it must be emailed to SLegislation@rilegislature.gov prior to 3:00 pm Wednesday.
 
 
The Senate Committee on Environment & Agriculture is scheduled to VOTE on S.770, An Act Relating to State Affairs and Government – Environmental Justice Act.  Part of this bill addresses the ability of the public to participate in discussions over permitting facilities in environmental justice areas such as:  “Electric generating facility; Resource recovery facility or incinerator; Sludge combustor facility or incinerator; Transfer station, recycling center, or other solid waste facility; Landfill that accepts ash, construction or demolition debris, or solid waste; Medical waste incinerator; Pyrolysis or gasification facility;  Scrap metal facility; Auto salvage operations and/or facility; Asphalt plant; Petroleum storage facility; Ethylene oxide manufacturing and/or storage facility; Construction and/or demolition debris processing facility; or  The renewal of any permit listed in this definition.” However, S.770 also requires such facilities to perform a cumulative impact analysis as part of the permit application or permit renewal process.  The analysis must look at current and potential future impacts of emissions for activities included under the permit request.  If a business fails to complete the analysis, the permit cannot move forward.  It is still unclear if the Department of Environmental Management has the database capabilities to allow businesses to undergo this analysis since a business will not only have to have access to their own information, but information of other businesses in the area.  Unless the cumulative analysis requirement is removed, companies currently in the industries listed above may not be able to continue operation, directly affecting other businesses and individuals that rely on those activities.
 
 
The following new bill has been filed:
 
House Bill No. 6287  Slater, Diaz, AN ACT RELATING TO BUSINESSES AND PROFESSIONS -- ELECTRICIANS (Amends the state's apprenticeship laws to make them more consistent with applicable federal regulations and makes said laws more comprehendible and consistent with each other.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H6287.pdf
 
House Bill No. 6311  Phillips, Cardillo, J. Brien, Corvese, Costantino, Lima, Casey, Noret, Dawson, AN ACT RELATING TO INSURANCE -- ACCIDENT AND SICKNESS INSURANCE POLICIES (Protects and continue health insurance coverage for the dependent of an employee who wishes to change their health insurance coverage to Medicare or are currently on Medicare.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H6311.pdf
 
 
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Under the Dome: Senate Leadership Announces Support for Tangible Tax Relief

4/3/2023

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​Legislature Prepares to Enter Break Week
 
This week will mark the end of phase two of the legislative session.  Most bills filed prior to the February deadline have received a hearing in the House.  The Senate has moved more slowly in its introduction of bills, for appropriate reasons, leaving many hearings to come.  The General Assembly will be on break from April 10th through April 14th.  When the legislature returns, we can expect numerous Senate hearings, posting of amendments to bills, passage of bills, and a focus on the development of the FY2024 budget.
 
Senate Leadership Announces Support for Tangible Tax Relief
 
At the Chamber’s Eggs and Issues breakfast last week, Senate President Dominick Ruggerio and Senator Melissa Murray announced the introduction of legislation to eliminate the tangible tax for approximately 85% of businesses in Rhode Island.  This nuisance tax is well known to companies, as it is not only a double tax on equipment and furniture, but the annual filing form requires time as owners report the value of items purchases, the number of years each piece of equipment/furniture has been in use, and then calculates the depreciation to arrive at a final value for each item in use. 
 
The legislation would provide a $100,000 exemption to all tangible tax accounts. Those with more than $100,000 worth of tangible assets would have to pay the tax on the assets above $100,000, but would still receive an equal amount of tax relief.  Since the tangible tax is a municipal-level tax rather than a state one, the state would reimburse each city, town and fire district annually for their lost revenue, just as it does for revenue they lost from the phased-out vehicle excise tax. The exemption is estimated to save businesses about $36.6 million.

The legislation would take effect in fiscal year 2025, with reimbursement based on the prior year’s FY 2024 tax roll.  The bill would also require municipalities and fire districts to cap their tangible property tax rate at the level applied in fiscal year 2023. The tax cap would not apply in the case of municipalities and fire districts that utilize a uniform tax rate for all classes of property.
 
The Chamber has been working with RIPEC on this issue.  RIPEC completed a study on the tangible tax to assist legislators in understanding the financial impact associated with various levels of tangible tax exemption options.  The Chamber thanks RIPEC for its hard work on this issue.  The bill has yet to be assigned a number.



This Week At the State House
 
Tuesday, April 4th
 
The House Committee on Innovation, Internet & Technology is meeting at the Rise (approximately 4:30pm) in Room 135.  Two bills of interest will be heard by the committee members. 
 
H.5684, An Act Relating to Criminal Offenses – Identity Theft Protection Act of 2015, amends notification requirements when a company experiences a security breach.  Under current law, business that use or store personal information – including account numbers and credit card numbers, among other items – must notify consumers of a breach within 45 days of the breach event.  This timeframe was meant to provide businesses with the time needed to close off any unauthorized access and stop bad actors from doing more harm before the breach becomes public.  H.5684 shortens the notification deadline to 15 calendar days; and the State Police must be notified within 24 hours of the detection of the breach. The legislation also awkwardly refers to employees of a local bargaining unit, and the requirement to notify the union leadership of the breach if employees are unionized.  This language makes sense, if the business affected is a state or local government, but does not make sense if the breach takes place in a private company with affected customers.  Any business that fails to comply with the notification rules is subject to a civil penalty of $100 per record for a reckless violation, and $200 per record for a knowing and willful violation.  The language in the bill calls for an effective date upon passage.
 
H.6236, An Act Relating to Commercial Law – Rhode Island Data Transparency and Privacy Protection Act, is an eighteen page bill that seeks to restrict the sale of an individual’s personal information to third parties.  This often happens on the internet and is why you see pop-up ads for products and services related to internet searches and other on-line activities.  But there are many reasons businesses collect and sell data to assist customers.  H.6236 applies to owners of websites or online services with more than ten employees.  Personal data includes a name and a credit card number, or a license number, debit card number, geolocation data, etc. An owner of such a site must clearly disclose all of the categories of information it collects, as well as all third parties to whom the owner discloses the information.  Customers must be given an opportunity to opt out of the collection of the data, and they must be permitted to review any data collected and to correct it if they wish.  The bill exempts company loyalty programs, rewards programs and club programs such as discount clubs.  H.6236 exempts financial institutions and HIPAA organizations, but then pulls them back in on the last page of the bill.  The bill exempts a number of specialized entities like educational facilities, human research programs, contractors working with the government, etc.  Violations of the proposal fall under the penalties of the deceptive trade practices act and includes a fine of $100 to $500 for each inappropriate disclosure of data.  There is no private right of action permitted.  This bill is very comprehensive.  If you have an interest in this issue, the bill can be viewed at:  http://webserver.rilegislature.gov/BillText/BillText23/HouseText23/H6236.pdf
 
Written testimony can be submitted to the committee at:  HouseInnovationInternetandTechnology@rilegislature.gov
 
 
Wednesday, April 5th
 
The House Corporations Committee is meeting at 4:00pm in Room 101.  H.5664, An Act Relating to Corporations, Associations and Partnerships – The Rhode Island Limited Liability Act, provides members of an LLC with the ability to avoid dissolution if one or more members wish to buy out those members who want to dissolve the corporation.  A member could file with the court, and notify the other members of the desire to stop the dissolution. If necessary, the court can help to decide the value of the company, and those members who wish to remain in the LLC can pay the proportionate share to transfer the LLC.  The bill can be viewed at: http://webserver.rilegislature.gov/BillText/BillText23/HouseText23/H5664.pdf  If you wish to submit written testimony, submit it to: HouseCorporations@rilegislature.gov
 
 
The following new bills have been filed:
 
House Bill No. 6232  Azzinaro, Corvese, Cardillo, Noret, J. Lombardi, Diaz, Hull, Fellela, Bennett, Kennedy, AN ACT RELATING TO INSURANCE -- ACCIDENT AND SICKNESS INSURANCE POLICIES (Annually increases the rate of physicians’ reimbursement for each in-network health care service that are reimbursed below the average reimbursement rates set by Connecticut and Massachusetts.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H6232.pdf
 
Senate Bill No. 855  Gu, AN ACT RELATING TO HEALTH AND SAFETY -- STATE BUILDING CODE (Requires the state building code standards committee to revise the state energy conservation code to meet 2024 International Energy Conservation Code electric readiness provisions.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0855.pdf
 
Senate Bill No. 858  Gu, Pearson, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- 2021 ACT ON CLIMATE (Requires an owner of a stationary refrigeration system in Rhode Island to register their system with the department of environmental management.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0858.pdf
 
Senate Bill No. 884  Mack, Kallman, Euer, AN ACT RELATING TO TOWNS AND CITIES -- GENERAL POWERS (Assess a vacancy tax of one percent (1%) of the total assessed value of all real property based on the real property's assessed value for vacant units.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0884.pdf
 
Senate Bill No. 888  LaMountain, Lauria, McKenney, Tikoian, Burke, Valverde, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- RHODE ISLAND NONCOMPETITION AGREEMENT ACT (Prohibits noncompetition agreements except for noncompetition agreements between a seller and buyer of a business.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0888.pdf
 
Senate Bill No. 909  Mack, Euer, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- GREEN JUSTICE ZONES AND ENVIRONMENTAL JUSTICE (Establishes the first Green Justice Zone and environmental justice, a model that may be replicated in future years to ensure that all communities throughout the state have clean air and clean water.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0909.pdf
 
Senate Bill No. 911  Mack, Kallman, Murray, Valverde, Bell, Ujifusa, Acosta, Euer, Lawson, AN ACT RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT (Creates a tenant bill of rights to the right to counsel, the right to habitability, the right to organize free, the right to be free from discrimination, the right to first refusal if the landlord decides to sell the property, and right to renew lease.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0911.pdf
 
 

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Under the Dome

3/27/2023

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​This Week At the State House
 
Tuesday, March 28th
 
Local control over tobacco is a subject of debate in the House Committee on Municipal Government & Housing, Tuesday at the Rise (approximately 4:30 pm) in the House Lounge.  H.6091, An Act Relating to Towns and Cities – Ordinances, gives each city and town the authority to adopt laws concerning the sale of tobacco products.  This is an attempt to reverse the Rhode Island Supreme Court 2020 decision in “K&W Automotive vs. The Town of Barrington.”  The decision struck down a Barrington ordinance banning tobacco sales and stated that Rhode Island has “a legitimate concern that inconsistent regulations respecting tobacco will lead to confusion and decrease compliance with various federal and state regulations. Additionally, in our judgment, a comprehensive approach is desirable because it will increase the effectiveness of tobacco regulations by preventing persons otherwise prohibited from obtaining a certain tobacco product in one municipality from simply traveling to the nearest municipality that does permit such a purchase.” Should the bill pass into law and municipalities ban the sale of tobacco or change the age at which products can be purchased, the State will have to find alternative sources of revenue as the tax on tobacco products raises over $100 million a year.  Written testimony can be emailed to HouseMunicipalGovernmentandHousing@rilegislature.gov
 
The Committee is also scheduled to take a vote on H.6087, An Act Relating to Property – Landlord Tenant Act.  In its current form, H.6087 prohibits landlords from collecting application fees from potential tenants.  During the lengthy hearing on this bill, witnesses recalled landlords taking application fees and then immediately denying the application while keeping the fee.  Some witnesses told stories of paying the fee only to find out later the landlord had no vacant apartments to rent.  Opponents of the bill argued that legitimate expenses exist in trying to vet potential tenants and that perhaps a balance could be reached – allowing for some amount of fee while penalizing those that abuse the system. A proposed amendment could be posted for consideration as late as Monday at 4:00 pm.
 
Wednesday, March 29th
 
If you decide to attend the House Labor hearing in the House Lounge at the Rise (approximately 4:30 pm) bring your dinner.  There are 27 bills on the agenda, including a vote on H.5929, An Act Relating to Labor and Labor Relations – Fair Employment Practices. This bill declares it an unlawful employment practice to require an employee, as a condition of employment, to execute a nondisclosure agreement or an agreement with a clause that requires alleged violations of civil rights remain confidential, or a non-disparagement agreement concerning alleged violations of civil rights.  Any such contract provision shall be void.
 
If you wish to submit written testimony for a bill in the House Labor hearing, send it to HouseLabor@rilegislature.gov  Hearings will take place on the following bills:
 
H.5015, An Act Relating to Labor and Labor Relations - Minimum Wages.  H.5015 eliminates the 2014 minimum wage uniformity clause.  The Chamber advocated strongly for this clause as uniformity helps employers plan for increases, supports efforts to pay employees correctly if they are working in multiple locations, and inhibits competition between municipalities that attempt to attract the same business.  H.5015 allows all 39 cities and towns to adopt their own minimum wage requirement, creating a huge burden on businesses with multiple site locations.
 
H.5372 and H.5747, Acts Relating to Labor and Labor Relations – Payment of Wages create contractor liability for any unpaid wages due to employees of subcontractors or to a third-party.  An employee can choose to file a civil complaint or to file a complaint with the Department of Labor to gain relief.  If the employee chooses the civil complaint route, that employee can be represented by another person, organization or collective bargaining agent.  If an employee files a wage action against a subcontractor, the contractor is jointly and severally liable for all wages, benefits and penalties and attorney fees assessed.  Contractors and subcontractors are not permitted to enter into any agreement that eliminates the contractor’s liability. 
 
H.5588, An Act Relating to Labor and Labor Relations – Minimum Wage, adjusts the minimum wage annually, starting January 1, 2026, at an amount equal to the cost-of-living increase.
 
H.5589, An Act Relating to Labor and Labor Relations – Minimum Wage increases the minimum wage to $15.50 on January 1, 2025, to $17.00 on January 1, 2026, to $18.50 on January 1, 2027 and to $20.00 on January 1, 2028.   In 2021, the General Assembly passed a law phasing in an increase of the minimum wage to reach $15 an hour by January 1, 2025.  Under current law, the minimum wage will change to $14 an hour on January 1, 2024 and to $15 an hour on January 1, 2025.
 
H.5928, An Act Relating to Labor and Labor Relations – Minimum Wage increases the minimum wage to $14.50 on January 1, 2024, to $16.75 on January 1, 2025, to $19.00 on January 1, 2026 and annually thereafter based on the cost-of-living adjustment. 
 
H.6078, An Act Relating to Labor and Labor Relations – Minimum Wage increases the minimum wage to $15.50 on January 1, 2025, to $17.00 on January 1, 2026, to $18.50 on January 1, 2027, to $20.00 on January 1, 2028, and annually thereafter based on the cost-of-living adjustment.
 
H.5592, An Act Relating to Labor and Labor Relations – Inspection of Personnel Files proposes a number of changes to an employee’s right to review personnel files.  Rhode Island law grants employees the right to inspect their own personnel files.  To exercise this right, an employee makes the request, and the employer must allow that employee to see the file within seven days of the request (excluding holidays and Sundays). An employee can request copies from the employer, with the employer having the right to charge a reasonable amount to make the copies. The current law recognizes the employer’s right to maintain the records, and the employee’s right to review the records.  H.5592 reduces the timeframe for an employer to respond to a request from seven days to five days.  The request is no longer for the ability to review documents, but to obtain a full copy of the file at the expense of the employer; and it applies to former employees as well as existing employees.  H.5592 requires employers to keep specific information in the file for a period of three years.  The bill also carries penalties including a $500-$2500 fine to be collected by the Department of Labor, and a fine of $500 to the employee, in addition to any other relief the employee might be entitled to under law.
 
H.5707, An Act Relating to Labor and Labor Relations – Payment of Wages changes an employer’s responsibilities as it relates to providing for employees with statements of earnings.  Today employers must include the hours worked, deductions from gross earnings and an explanation of those deductions.  H.5707 adds items such as the last four digits of the social security number, deduction explanations in the employee’s preferred language, the employer’s address and name, and output information if pay is based on quantity.  H.5707 also requires employers to provide a type of “mini employee handbook” to employees in each employee’s primary language. The information includes items such as: wage information, benefits, holiday information, sick time, and travel and expense policies.  DataUSA reports that 22.4% of Rhode Island households report speaking a primary language other than English.  While the most common non-English language spoken in Rhode Island is Spanish followed by Portuguese, there are reportedly forty-one languages spoken as a primary language in the State.  Some families are fluent in both their primary language and English, others are not.  H.5707 requires employers to adapt to the needs of each individual employee.
 
H.5708, An Act Relating to Labor and Labor Relations – Payment of Wages requires every Rhode Island business, with thirty or more employees, to post competitive salary ranges for open positions on the company’s hiring page or on third-party hiring platforms.  If an employer fails to post the appropriate information, it is guilty of a misdemeanor and can be fined $400 for each separate offense or imprisoned up to one year.
 
 
The following new bills have been filed:
 
Senate Bill No. 716  (Dept. of Labor and Training) Goodwin, DiPalma, Ciccone, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- EMPLOYMENT SECURITY -- GENERAL PROVISIONS (Eliminates the "until June 30, 2023" sunset on the increase in the total amount of earnings a partial-unemployment insurance claimant can receive before being entirely disqualified for unemployment insurance benefits.) http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0716.pdf
 
Senate Bill No. 753  Valverde, McKenney, DiMario, Miller, Murray, Euer, Sosnowski, Gallo, Gu, Kallman, AN ACT RELATING TO HEALTH AND SAFETY -- BEVERAGE CONTAINER DEPOSIT RECYCLING ACT OF 2023 (Establishes a system for the recycling of beverage containers working with the department of environmental management.)  http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0753.pdf
 
Senate Bill No. 754
BY  DiPalma, Euer, Tikoian, McKenney, Burke, Quezada, F. Lombardi, Zurier, Gu, Picard
ENTITLED, AN ACT RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS -- RHODE ISLAND DATA TRANSPARENCY AND PRIVACY PROTECTION ACT (Provides data privacy protections for the personal identifiable information of Rhode Islanders.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0754.pdf
 
Senate Bill No. 759  Gu, Sosnowski, Euer, Mack, Britto, Kallman, DiPalma, Gallo, AN ACT RELATING TO COMMERCIAL LAW--GENERAL REGULATORY PROVISIONS -- GIFT CARD FRAUD (Requires sellers of gift cards to post notice warning of scams/instructing consumers what to do as victims/train employees to identify/respond to fraud/violations punishable by a civil fine of $500.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0759.pdf
 
Senate Bill No. 770  Euer, Cano, Mack, Murray, Lauria, Acosta, DiMario, Miller, Sosnowski, Britto, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- ENVIRONMENTAL JUSTICE ACT (Establishes requirements which would have to be met by an applicant prior to the issuing of permits for an activity that would have an environmental impact on or would increase the cumulative impacts on an environmental justice area.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0770.pdf
 
Senate Bill No. 778  Lauria, Ruggerio, Pearson, Miller, DiMario, Gu, Lawson, DiPalma, AN ACT RELATING TO TAXATION -- RHODE ISLAND WOMEN'S EQUITY INCENTIVE ACT OF 2023 (Creates the Rhode Island Women’s Equity Incentive Act of 2023 offering tax credits up to $3,500 per employee per year to eligible businesses.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0778.pdf
 
Senate Bill No. 821  Ciccone, Britto, DiPalma, F. Lombardi, Burke, Tikoian, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- WORKPLACE PSYCHOLOGICAL SAFETY ACT (Protects bullying/psychological abuse in workplace inflicted upon employees by employers/co-employees/provides civil remedies to affected employees/fines against employers/imprisonment/fines against co-employees.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0821.pdf
 
Senate Bill No. 825  Ruggerio, Pearson, Gallo, DiPalma, LaMountain, Tikoian, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- REAL JOBS RHODE ISLAND ACT (Establishes a real job Rhode Island program, which is an industry-led system to advance the skills of the state's workforce to grow the state's economy and increase sustainable employment for middle-class families.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0825.pdf
 
Senate Bill No. 826  Mack, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- MINIMUM WAGES (Raises the minimum wage for the years 2025, 2026, 2027, 2028 and 2029, to $15.50, $17.00, $18.50, $20.00, and $21.00, per hour, respectively.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0826.pdf
 
Senate Bill No. 827  Mack, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- MINIMUM WAGES (Raises minimum wage on January 1, 2026 and each January 1 thereafter, by the percentage increase in the CPI-U, as published by the US Dept. of Labor Statistics, as of August of the previous year over the level as of August of the year preceding that year.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0827.pdf
 
Senate Bill No. 828  Goodwin, Lawson, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- PAYMENT OF WAGES (Eliminates repealed statute references and create a mechanism for employees to enforce their existing right to continuation of medical benefits.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0828.pdf
 
House Bill No. 6187  (by request) Dawson, AN ACT RELATING TO TAXATION -- BUSINESS CORPORATION TAX (Exempts new entities in the first two (2) years of existence from paying the minimum tax if annual net taxable income is less than five thousand dollars ($5,000).)  http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H6187.pdf
 
House Bill No. 6196  Alzate, Batista, Giraldo, Potter, Boylan, Speakman, Henries, Felix, Morales, Tanzi, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- ENVIRONMENTAL JUSTICE ACT (Establishes requirements which would have to be met by an applicant prior to the issuing of permits for an activity that would have an environmental impact on or would increase the cumulative impacts on an environmental justice area.) http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H6196.pdf
 
 
 
 
 

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Under the Dome

3/20/2023

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Picture

This Week At the State House
 
With the prediction of a potential storm, bringing with it likely power outages, the State House closed last Tuesday.  Two of the House hearings – House Corporations and House Committee on State Government and Elections moved their meetings to Friday, St Patrick’s Day.  Those bills were heard and held for further study which is the normal process.  The Senate Commerce Committee hearing was rescheduled for Thursday of this week.
 
The Revenue and Caseload Estimating Conference released its meeting dates and agendas, giving us a glimpse into potential timing for the budget debate to heat up.  All of the meeting are livestreamed. If you ever wondered how the budget is developed, these meetings are worth watching.
 
Monday, April 24, 2023 – Testimony
9:00 AM   Cash Assistance Caseload
1:00 PM    Medical Assistance Caseload
 
Monday, May 1, 2023 – Economic Overview and Testimony
9:00 AM    US and RI Economic Forecasts
10:30 AM  Lottery Receipts
2:00 PM    Caseload Follow up
 
Thursday, May 4, 2023 – Testimony
1:00 PM    Tax Collections and Accruals
 
Friday, May 5, 2023 - Caseload Estimating Conference and Revenue Testimony
9:00 AM Caseload Estimating Conference
 
Monday, May 8, 2023 – Follow up Testimony (if necessary)*
2:00 PM Tax Collections
 
May 10, 2023 – Revenue Estimating Conference
9:00 AM Revenue Estimating Conference
 
 
Tuesday, March 21st
 
The House Corporations Committee is meeting at the Rise (approximately 4:30) to consider legislation to allow undocumented individuals to qualify for Rhode Island professional or occupational licenses, provided they meet the other standards necessary to obtain the licenses.  The hearing on H.5534, An Act Relating to Business and Professions – Professional or Occupational License will be held in Room 101.  Testimony can be submitted to HouseCorporations@rilegislature.gov
 
 
 
The House Committee on Health & Human Services has an agenda full of proposals to add new health insurance coverage mandates.  The hearing is scheduled for the Rise in the House Lounge.  Prior to starting the hearing, the committee will take a vote on H.5348, An Act Relating to Health and Safety – Restroom Access Act.  The House has passed this bill in previous years, but the Senate did not take action on it.  Any retail establishments, with three or more employees working at the same time, would be required to give an individual, with a medical condition, access to a private restroom if the retail establish does not have a public restroom.  If passed, the law would take effect January 1, 2024.
 
The following bills are also on the agenda for hearing:
 
H.5175, An Act Relating to Insurance – Accessible Residence Modifications requires health insurance plans to provide coverage for accessible residence modifications when determined to be medically necessary, but only after a physician makes a determination that absent the accessible modifications, the patient would have to move into a long-term care residential facility.
 
H.5176, An Act Relating to Insurance adds epinephrine injectors and cartridges to health insurance coverage requirements.  Insurers would not be permitted to charge a co-pay or a deductible.
 
H.5281, An Act Relating to Insurance caps the amount a person must pay for insulin or glucose monitoring supplies to $25 for a thirty-day supply or $25 for equipment meant to last longer than thirty days.
 
H.5283, An Act Relating to Insurance – Mammograms and Pap Smears requires insurance coverage for additional tests deemed necessary by a physician for proper screening.
 
H.5350, An Act Relating to Insurance, bars insurers from charging more than $150 for a thirty-day supply of specialty prescription drugs that are used for complex, long-term conditions or rare medical conditions.
 
H.5351, An Act Relating to Insurance, requires insurers to cover the cost of infertility drugs and in vitro fertilization.
 
H.5554, An Act Relating to Insurance mandates insurers to charge no more than $25 for a thirty days supply of asthma inhalers.
 
Anyone wishing to submit testimony can email it to HouseHealthandHumanServices@rilegislature.gov
 
 
Thursday, March 23rd
 
The Senate Commerce Committee is meeting at the Rise (approximately 4:30 pm) in Room 313.  The self-check-out process is on the schedule once again.  S.472, An Act Relating to Commercial Law – Grocery Stores limits the number of customer self-checkout stations to six (two less than the House legislative version); and requires certain stores to maintain one manual check-out station for every self-checkout station in use.  Unlike the House version, S.472 does not include a payment requirement to customers that utilize the self-check-out station.  S.472 could bring under its umbrella grocery stores, pharmacies, and certain retail stores that offer a wide array of goods. 
 
S.171, An Act Relating to Commercial Law – Unfair Sales Practices, addresses subscriptions that automatically renew.  Businesses offering such subscriptions would be required to provide clear and conspicuous notice about the renewal process and how to cancel the renewal.  The specifics of the notice requirements can be found at: http://webserver.rilegislature.gov/BillText/BillText23/SenateText23/S0171.pdf
 
S.176, An Act Relating to Labor and Labor Relations – Consumer Credit History Employment Protection Act, prohibits employers from (1) seeking or using credit reports in making hiring decisions concerning prospective employees, (2) asking questions about the applicant's financial past during interviews or (3) including credit history questions in their job applications.  The bill also establishes a civil penalty of up to $10,000 plus attorney fees and court costs for a violation of the act.
 
Testimony may be submitted to slegislation@rilegislature.gov
 
 
 
The House Environment Committee will meet at the Rise in the House Lounge. Packaging is the topic of the day.  H.5090, An Act Relating to Food and Drugs – Disposable Food Service Containers, prohibits food establishments from using polystyrene foam food containers, or plastic beverage stirrers.  Agricultural fairs, farmers’ markets and food pantries are exempt.  Violations of the act are subject to a $100 fine.  The bill is effective upon passage.
 
H.5502, An Act Relating to Health and Safety – Beverage Container Deposit Recycling Act of 2023, establishes a $.10 deposit on cans and bottles sold in Rhode Island.  Retail establishments that sell the products must install redemption machines unless the retailer devotes less than 2,000 sq.ft. of display space to such products. Retailers with 10,000 – 30,000 sq.ft. of display space must install two redemption machines (reverse vending machines).  If a retailer devotes 30,000 – 60,000 sq. ft. of display space to such products, it must install three redemption machines.  Retailers with more than 60,000 sq. ft. must install four machines.  Exemptions do exist for retailers that sell containers with less than 20 oz where all packages contain less than six containers; where less than 5% of its floor space is used to display these products; and any retailer that has an alternative technology approved by the Department of Health.  Redemption retailers are entitled to a handling fee of $.035 of the per container returned to the facility.
 
If the bottle bill is of concern to you, this is a hearing you will want to attend if possible.  If you can not be present, testimony can be emailed to:  HouseEnvironmentandNaturalResources@rilegislature.gov
 
The following new bills have been filed:
 
House Bill No. 6147  Perez, Costantino, Cardillo, Fellela, Baginski, J. Lombardi, Hull, Phillips, Noret, Azzinaro, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF BUSINESS REGULATION (Establishes the Motor Vehicle Liability Insurance Exchange.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H6147.pdf


House Bill No. 6148  Alzate, Kazarian, Potter, Cruz, Diaz, Kislak, Fogarty, J. Lombardi, Batista, Felix, AN ACT RELATING TO TAXATION -- PERSONAL INCOME TAX (Creates an added 3% tax on taxable income in excess of $417,500 (in 2011 dollars)/ $557,000 (in 2023 dollars). Restricts the revenue generated by the tax to child care, education and infrastructure repairs and maintenance.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H6148.pdf
 
House Bill No. 6151  Diaz, Slater, Edwards, Kennedy, Perez, Alzate, Kislak, AN ACT RELATING TO HEALTH AND SAFETY -- REFUSE DISPOSAL (Provides time limitations on the collection or hauling of from large trash receptacles (dumpsters) refuse within one hundred feet (100') of a dwelling unit between the hours of ten o'clock (10:00) pm and eight o'clock (8:00) am.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H6151.pdf
 
House Bill No. 6171  Ajello, Kislak, Speakman, Alzate, Potter, Cruz, AN ACT RELATING TO TAXATION -- PERSONAL INCOME TAX -- CAPITAL GAINS (Amends the capital gains tax rates and holding period from 5 years to 1 year. Imposes a non-owner occupied tax on homes assessed at more than $1,000,000.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H6171.pdf
 
Senate Bill No. 683  DiMario, AN ACT RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES (Extends the moratorium on penalties related to COVID-19 modifications to food business or food service establishments to February 15, 2024.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0683.pdf

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Under the Dome

3/13/2023

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​This Week At the State House
 
This week brings a number of Labor bills,  a few general business items, and the opportunity to weigh in on the housing package that is sponsored by the House Speaker and members of his team.  There are no Monday hearings posted this week.
 
Tuesday, March 14th
 
This Week At the State House
 
This week brings a number of Labor bills,  a few general business items, and the opportunity to weigh in on the housing package that is sponsored by the House Speaker and members of his team.  There are no Monday hearings posted this week.
 
Tuesday, March 14th
 
The House Corporations Committee is meeting at the Rise (approximately 4:30pm) in Room 101.  H.5732, An Act Relating to Commercial Law – Gift Card Fraud, requires all entities that sell gift cards to display a notice at the location where cards are sold.  The notice must caution the purchaser about prepaid card scams and instruct the purchaser on what to do if they suspect they might be a potential victim of such a scam. Employers must train employees on how to identify and respond to gift card fraud – the Attorney General is directed to distribute materials to assist with training.  Failure to comply with this law carries a penalty of $500 which shall be overseen by the Superior Court.  Testimony can be submitted to HouseCorporations@rilegislature.gov
 
State purchasing preferences for companies with child care programs is a topic for the House Committee on State Government and Elections, Tuesday at the Rise in the House Lounge.  H.5964, An Act Relating to Public Property and Works – Day Care Programs State Purchases, tries to promote child care related benefits by giving a state bidder preferential treatment.  Preference shall be provided to (1) bidders which possess a stated child care policy when two or more bidders submit equal bids, (2) for bids on contracts of less than $25,000, and (3) for bids for occasional and temporary personal services.  The state is authorized to consider the type of child care program provided, such as, amount of subsidy, parenting seminars, family counseling, flexible hours, family leave options, flexible spending accounts, etc.  Testimony may be submitted to HouseStateGovernmentandElections@rilegislature.gov
 
 
The Senate Commerce Committee will take testimony on S.472, An Act Relating to Commercial Law – Grocery Stores.  This bill limits the number of customer self-checkout stations to six (two less than the House legislative version); and requires stores to maintain one manual check-out station for every self-checkout station in use.  Unlike the House version, S.472 does not include a payment requirement to customers that utilize the self-check-out station.  S.472 could bring under its umbrella grocery stores, pharmacies, and certain retail stores that offer a wide array of goods.  Testimony may be submitted to slegislation@rilegislature.gov
 
 
Wednesday, March 15th
 
This is a big day for the House Labor Committee, meeting at 5:00pm in Room 101.  H.5477, An Act Relating to Labor and Labor Relations – Temporary Disability Insurance, allows self employed individuals to opt in to the TDI/TCI program. Self-employed individual choosing to opt in, become eligible to collect benefits after contributing to the program for twelve months.  H.5477 also increases the taxable wage base to equal the Social Security contribution wage base starting calendar year 2024. In 2023, that wage base is $160,200.  The current taxable wage base for TDI/TCI is $84,000.
 
H.5711, An Act Relating to Corporations – Workers’ Cooperatives, provides exclusive benefits to cooperatives.  Established in 2017, the General Assembly passed a law allowing the creation of an entity where individuals could complete a probationary period as a part-time or full-time employee and become a voting member of the company.  The entity is taxed as a corporation.  The law also states, “To the extent that a workers’ cooperative has shareholders (owners) who are employees (members), the workers’ cooperative shall be subject to the provisions of title 28 related to employees including, but not limited to: department of labor and training payroll taxes, temporary disability insurance, state unemployment insurance and workers’ compensation insurance.”  H.5711 adds a new operational model for cooperatives.  It allows co-ops to adopt, in its bylaws, the ability to furnish skilled labor from its members to other entities and to treat those members as independent contractors for that purpose – not as an employee of the co-op.  If this bill is of interest to you, please submit testimony at HouseLabor@rilegislature.gov or attend in person.
 
H.5927, An Act Relating to Labor and Labor Relations – Fair Employment Practices, changes the definition of employee, for the purposes of the Fair Employment Practices Act, to include apprentices, volunteers and unpaid interns.  Employers could not discriminate against them, must provide disability accommodations, protect them from harassment in the workplace, and all other protections and remedies afforded under Rhode Island General Laws 28-5.
 
H.5929, An Act Relating to Labor and Labor Relations – Fair Employment Practices, This bill states that it is an unlawful employment practice to require an employee as a condition of employment, to execute a nondisclosure agreement or an agreement with a clause that requires alleged violations of civil rights remain confidential, or a non-disparagement agreement concerning alleged violations of civil rights. Any contract provision in violation of this subsection shall be void as a violation of public policy.  In previous years, those supporting this legislation stated that this bill did not chill the use of settlement agreements, and further that it was not the intent to discourage settlement agreements.  The Chamber doesn’t have that same comfort level.  Unless the unfair employment practice alleged is so one-sided and concrete as to hit the media, a settlement agreement is going to include a confidentiality agreement.  Without it, the business is better off fighting it to the end – it will be in the public realm anyway.  If the employee wants to retain his or her right to talk about the situation or talk about the employer in a negative way, then that employee can decline the settlement agreement and continue with the lawsuit.  Both parties have a choice under the current law. 
 
If you wish to submit testimony on any of these bills, email it to HouseLabor@rilegislature.gov
 
 
Thursday, March 16th
 
The Housing package is the big topic of the day in the House Committee on Municipal Government & Housing at the Rise in Room 101.  The following is a description of the bills as provided by the House along with a link to the actual language.  If you wish to testify on any of these bills in person, we encourage you to arrive at the State House around 4:00 pm in order to sign in early.  Written testimony can also be submitted to HouseMunicipalGovernmentandHousing@rilegislature.gov

  • 2023-H 6081, sponsored by Speaker Shekarchi, this bill would amend Rhode Island’s Low and Moderate Income Housing Act. It would streamline the process of permitting from three steps to two steps, not including pre-application, to follow the purpose of the comprehensive permit process, and sets forth necessary submission items at each stage of the permitting process. The legislation retains current standards, but provides greater clarity for review of approvals and denials to make clearer standards for the review of applications.
  • 2023-H 6082, sponsored by Rep. Speakman would amend last year’s legislation (2022-H 7942 SUB B) pertaining to Accessory Dwelling Units (ADUs) to spur production of ADUs, including as a home for populations unable to find suitable affordable housing, such as seniors and college/professional school graduates. The legislation makes clear what ADUs are allowed by right and how they are considered in the local permitting process. It does not take away municipal control of permitting, but only allows two categories by right. The legislation also specifies that ADUs cannot be used for short-term/transient use. The legislation would be effective immediately.
  • 2023-H 6085, sponsored by Municipal Government and Housing Committee Chairman Stephen M. Casey (D-Dist. 50, Woonsocket) would require all municipal land use approvals to be consistent with future land use maps so long as the municipality’s comprehensive plan is updated in accordance with statute. The legislation specifies that comprehensive plans must be updated at least every 10 years and that comprehensive plans not updated within 12 years will not be able to be utilized as the basis for local board denials. It also provides accountability and specifies that the city/town must review goals/progress with comprehensive plans annually.
  • 2023-H 6084, sponsored by Rep. Leonela Felix (D-Dist. 61, Pawtucket) creates a transit-oriented development pilot program to encourage growth centers along transit corridors identified by state transit plans. The application, award, and reporting process for the pilot program would be outlined via rules and regulations developed by the Secretary of Housing.
  • 2023-H 6090, sponsored by Special Legislation Committee Chairwoman Karen Alzate (D-Dist. 60, Pawtucket, Central Falls) would allow, as a permitted use, the adaptive reuse of commercial structures (such as factories, hospitals, offices, malls, religious facilities, and schools) into high density residential developments. The legislation sets forth zoning incentives for development, including parking not required to be over one space per unit and minimum lot size per dwelling unit not to determine density. This bill does not take away the municipal review and permitting process for such developments.
  • 2023-H 6087, sponsored by Rep. Cherie L. Cruz (D-Dist. 58, Pawtucket) would eliminate the rental application fee. The legislation would be effective January 1, 2024.
  • 2023-H 6086, sponsored by Labor Committee Chairman Arthur J. Corvese (D-Dist. 55) would standardize the type of notice and advertisements required for all land use permitting. This legislation does not alter the persons or properties receiving notification as abutters, and does not change the ability for anyone to request notice under the registry provision passed several years ago.
  • 2023-H 6088, sponsored by Rep. Speakman would extend the Special Legislative Commission to Study the Low and Moderate Income Housing Act (2022-H 7091) from 2023 to 2025. The legislation would also extend the purpose of the commission to include “housing affordability.”
  • 2023-H 6089, sponsored by Rep. Joshua J. Giraldo (D-Dist. 56, Central Falls) would extend the Special Legislative Commission to Study the Entire Area of Land Use, Preservation, Development, Housing, Environment, and Regulation (2022-H 7576) from 2023 to 2025
 
Friday, March 17th
 
Happy St. Patrick’s Day!!!
 
 
 
The following new bills have been filed:
 
House Bill No. 6142  Alzate, Diaz, Stewart, Cruz, Morales, Shanley, Speakman, Henries, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- DOMESTIC WORKERS' BILL OF RIGHTS (Establishes a bill of rights for domestic workers and provides for a minimum set of benefits relating to working conditions, hours worked and time off from work.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H6142.pdf
 
Senate Bill No. 467  Zurier, Lauria, AN ACT RELATING TO HEALTH AND SAFETY -- ZERO-EMISSION LAWN CARE DEVICES (Mandates that by January 1, 2025, all lawn care devices sold in the state have zero emissions and that by January 1, 2028, all lawn care devices used in the state have zero emissions. DEM to promulgate rules and regulations.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0467.pdf
 
Senate Bill No. 472  Lawson, McKenney, Euer, Lauria, DiMario, Cano, Britto, Mack, AN ACT RELATING TO COMMERCIAL LAW--GENERAL REGULATORY PROVISIONS -- GROCERY STORES (Creates a new chapter related to grocery stores, specifically limiting the number of self-service checkout units.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0472.pdf
 
Senate Bill No. 473  Gu, Gallo, Mack, Lawson, McKenney, Valverde, Lauria, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- PAYMENT OF WAGES (Requires employers in Rhode Island with thirty (30) or more employees would be required to list competitive salary ranges on their job postings on the company's hiring page or third-party websites like Glassdoor, LinkedIn, Indeed or other job boards.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0473.pdf
 
Senate Bill No. 534  Miller, DiPalma, Euer, DiMario, Lawson, Valverde, Murray, Kallman, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY INSURANCE -- GENERAL PROVISIONS (Increases the taxable wage base upon which employees make contributions to the TDI and TCI funds, increases individual benefit rates for lower wage individuals, and creates an opt- in option for self-employed workers.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0534.pdf
 
Senate Bill No. 536  Picard, AN ACT RELATING TO TAXATION -- STATE TAX OFFICIALS (Limits the assessment of interest to four (4) calendar years prior to the date on which notice of the delinquent payment is sent to the taxpayer.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0536.pdf
 
Senate Bill No. 545  Kallman, DiPalma, Lawson, DiMario, Zurier, Tikoian, Murray, Felag, Ruggerio, Valverde, AN ACT RELATING TO PUBLIC FINANCE -- RHODE ISLAND SECURE CHOICE RETIREMENT SAVINGS PROGRAM ACT (Establishes the Rhode Island secure choice retirement savings program as a public corporation managing IRA-type investments. Requires employers to offer the program to employees or be subject to a $250 penalty per employee.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0545.pdf
 
Senate Bill No. 550  LaMountain, Britto, F. Lombardi, Burke, Lauria, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE RHODE ISLAND SMALL BUSINESS DEVELOPMENT FUND (Expands the definition of a minority business and allows corporation to allocate more than 20k to a small business development fund.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0550.pdf
 
Senate Bill No. 553  Ciccone, F. Lombardi, DiPalma, AN ACT RELATING TO TAXATION – PERSONAL INCOME TAX (Adds one new income tax bracket for purposes of Rhode Island state income taxation.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0553.pdf
 
Senate Bill No. 595  Gu, Euer, Kallman, Mack, Valverde, Lauria, AN ACT RELATING TO TOWNS AND CITIES – RHODE ISLAND DEVELOPMENT IMPACT FEE ACT (Allows impact fees to be imposed on commercial properties to subsidize the creation of affordable housing projects within the municipality, at the discretion of the appropriate governmental agency.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0595.pdf
 
Senate Bill No. 631  Murray, AN ACT RELATING TO FOOD AND DRUGS -- SOCIAL HOST REGULATIONS (Creates a social host statutory framework to address the presence and consumption of controlled substances, including marijuana as it relates to minors, at social parties, gatherings and events.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0631.pdf
 
Senate Bill No. 663  Acosta, Kallman, Mack, Euer, Murray, LaMountain, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- PAYMENT OF WAGES (Requires employer to furnish items and conditions of employment and a pay stub explaining how wages were calculated/reasons for deductions/allows the employee to file a court action against employer for violation.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0663.pdf
 
Senate Bill No. 664  de la Cruz, Rogers, Raptakis, Lombardo, E Morgan, AN ACT RELATING TO BUSINESSES AND PROFESSIONS -- FREEDOM TO TRAVEL AND WORK ACT (Establishes an occupational regulatory framework by authorizing the issuance of occupational licenses and government certifications by recognition for qualified worker applicants from other states.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0664.pdf
 
 

State purchasing preferences for companies with child care programs is a topic for the House Committee on State Government and Elections, Tuesday at the Rise in the House Lounge.  H.5964, An Act Relating to Public Property and Works – Day Care Programs State Purchases, tries to promote child care related benefits by giving a state bidder preferential treatment.  Preference shall be provided to (1) bidders which possess a stated child care policy when two or more bidders submit equal bids, (2) for bids on contracts of less than $25,000, and (3) for bids for occasional and temporary personal services.  The state is authorized to consider the type of child care program provided, such as, amount of subsidy, parenting seminars, family counseling, flexible hours, family leave options, flexible spending accounts, etc.  Testimony may be submitted to HouseStateGovernmentandElections@rilegislature.gov
 
 
The Senate Commerce Committee will take testimony on S.472, An Act Relating to Commercial Law – Grocery Stores.  This bill limits the number of customer self-checkout stations to six (two less than the House legislative version); and requires stores to maintain one manual check-out station for every self-checkout station in use.  Unlike the House version, S.472 does not include a payment requirement to customers that utilize the self-check-out station.  S.472 could bring under its umbrella grocery stores, pharmacies, and certain retail stores that offer a wide array of goods.  Testimony may be submitted to slegislation@rilegislature.gov
 
 
Wednesday, March 15th
 
This is a big day for the House Labor Committee, meeting at 5:00pm in Room 101.  H.5477, An Act Relating to Labor and Labor Relations – Temporary Disability Insurance, allows self employed individuals to opt in to the TDI/TCI program. Self-employed individual choosing to opt in, become eligible to collect benefits after contributing to the program for twelve months.  H.5477 also increases the taxable wage base to equal the Social Security contribution wage base starting calendar year 2024. In 2023, that wage base is $160,200.  The current taxable wage base for TDI/TCI is $84,000.
 
H.5711, An Act Relating to Corporations – Workers’ Cooperatives, provides exclusive benefits to cooperatives.  Established in 2017, the General Assembly passed a law allowing the creation of an entity where individuals could complete a probationary period as a part-time or full-time employee and become a voting member of the company.  The entity is taxed as a corporation.  The law also states, “To the extent that a workers’ cooperative has shareholders (owners) who are employees (members), the workers’ cooperative shall be subject to the provisions of title 28 related to employees including, but not limited to: department of labor and training payroll taxes, temporary disability insurance, state unemployment insurance and workers’ compensation insurance.”  H.5711 adds a new operational model for cooperatives.  It allows co-ops to adopt, in its bylaws, the ability to furnish skilled labor from its members to other entities and to treat those members as independent contractors for that purpose – not as an employee of the co-op.  If this bill is of interest to you, please submit testimony at HouseLabor@rilegislature.gov or attend in person.
 
H.5927, An Act Relating to Labor and Labor Relations – Fair Employment Practices, changes the definition of employee, for the purposes of the Fair Employment Practices Act, to include apprentices, volunteers and unpaid interns.  Employers could not discriminate against them, must provide disability accommodations, protect them from harassment in the workplace, and all other protections and remedies afforded under Rhode Island General Laws 28-5.
 
H.5929, An Act Relating to Labor and Labor Relations – Fair Employment Practices, This bill states that it is an unlawful employment practice to require an employee as a condition of employment, to execute a nondisclosure agreement or an agreement with a clause that requires alleged violations of civil rights remain confidential, or a non-disparagement agreement concerning alleged violations of civil rights. Any contract provision in violation of this subsection shall be void as a violation of public policy.  In previous years, those supporting this legislation stated that this bill did not chill the use of settlement agreements, and further that it was not the intent to discourage settlement agreements.  The Chamber doesn’t have that same comfort level.  Unless the unfair employment practice alleged is so one-sided and concrete as to hit the media, a settlement agreement is going to include a confidentiality agreement.  Without it, the business is better off fighting it to the end – it will be in the public realm anyway.  If the employee wants to retain his or her right to talk about the situation or talk about the employer in a negative way, then that employee can decline the settlement agreement and continue with the lawsuit.  Both parties have a choice under the current law. 
 
If you wish to submit testimony on any of these bills, email it to HouseLabor@rilegislature.gov
 
 
Thursday, March 16th
 
The Housing package is the big topic of the day in the House Committee on Municipal Government & Housing at the Rise in Room 101.  The following is a description of the bills as provided by the House along with a link to the actual language.  If you wish to testify on any of these bills in person, we encourage you to arrive at the State House around 4:00 pm in order to sign in early.  Written testimony can also be submitted to HouseMunicipalGovernmentandHousing@rilegislature.gov

  • 2023-H 6081, sponsored by Speaker Shekarchi, this bill would amend Rhode Island’s Low and Moderate Income Housing Act. It would streamline the process of permitting from three steps to two steps, not including pre-application, to follow the purpose of the comprehensive permit process, and sets forth necessary submission items at each stage of the permitting process. The legislation retains current standards, but provides greater clarity for review of approvals and denials to make clearer standards for the review of applications.
  • 2023-H 6082, sponsored by Rep. Speakman would amend last year’s legislation (2022-H 7942 SUB B) pertaining to Accessory Dwelling Units (ADUs) to spur production of ADUs, including as a home for populations unable to find suitable affordable housing, such as seniors and college/professional school graduates. The legislation makes clear what ADUs are allowed by right and how they are considered in the local permitting process. It does not take away municipal control of permitting, but only allows two categories by right. The legislation also specifies that ADUs cannot be used for short-term/transient use. The legislation would be effective immediately.
  • 2023-H 6085, sponsored by Municipal Government and Housing Committee Chairman Stephen M. Casey (D-Dist. 50, Woonsocket) would require all municipal land use approvals to be consistent with future land use maps so long as the municipality’s comprehensive plan is updated in accordance with statute. The legislation specifies that comprehensive plans must be updated at least every 10 years and that comprehensive plans not updated within 12 years will not be able to be utilized as the basis for local board denials. It also provides accountability and specifies that the city/town must review goals/progress with comprehensive plans annually.
  • 2023-H 6084, sponsored by Rep. Leonela Felix (D-Dist. 61, Pawtucket) creates a transit-oriented development pilot program to encourage growth centers along transit corridors identified by state transit plans. The application, award, and reporting process for the pilot program would be outlined via rules and regulations developed by the Secretary of Housing.
  • 2023-H 6090, sponsored by Special Legislation Committee Chairwoman Karen Alzate (D-Dist. 60, Pawtucket, Central Falls) would allow, as a permitted use, the adaptive reuse of commercial structures (such as factories, hospitals, offices, malls, religious facilities, and schools) into high density residential developments. The legislation sets forth zoning incentives for development, including parking not required to be over one space per unit and minimum lot size per dwelling unit not to determine density. This bill does not take away the municipal review and permitting process for such developments.
  • 2023-H 6087, sponsored by Rep. Cherie L. Cruz (D-Dist. 58, Pawtucket) would eliminate the rental application fee. The legislation would be effective January 1, 2024.
  • 2023-H 6086, sponsored by Labor Committee Chairman Arthur J. Corvese (D-Dist. 55) would standardize the type of notice and advertisements required for all land use permitting. This legislation does not alter the persons or properties receiving notification as abutters, and does not change the ability for anyone to request notice under the registry provision passed several years ago.
  • 2023-H 6088, sponsored by Rep. Speakman would extend the Special Legislative Commission to Study the Low and Moderate Income Housing Act (2022-H 7091) from 2023 to 2025. The legislation would also extend the purpose of the commission to include “housing affordability.”
  • 2023-H 6089, sponsored by Rep. Joshua J. Giraldo (D-Dist. 56, Central Falls) would extend the Special Legislative Commission to Study the Entire Area of Land Use, Preservation, Development, Housing, Environment, and Regulation (2022-H 7576) from 2023 to 2025
 
Friday, March 17th
 
Happy St. Patrick’s Day!!!
 
 
 
The following new bills have been filed:
 
House Bill No. 6142  Alzate, Diaz, Stewart, Cruz, Morales, Shanley, Speakman, Henries, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- DOMESTIC WORKERS' BILL OF RIGHTS (Establishes a bill of rights for domestic workers and provides for a minimum set of benefits relating to working conditions, hours worked and time off from work.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H6142.pdf
 
Senate Bill No. 467  Zurier, Lauria, AN ACT RELATING TO HEALTH AND SAFETY -- ZERO-EMISSION LAWN CARE DEVICES (Mandates that by January 1, 2025, all lawn care devices sold in the state have zero emissions and that by January 1, 2028, all lawn care devices used in the state have zero emissions. DEM to promulgate rules and regulations.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0467.pdf
 
Senate Bill No. 472  Lawson, McKenney, Euer, Lauria, DiMario, Cano, Britto, Mack, AN ACT RELATING TO COMMERCIAL LAW--GENERAL REGULATORY PROVISIONS -- GROCERY STORES (Creates a new chapter related to grocery stores, specifically limiting the number of self-service checkout units.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0472.pdf
 
Senate Bill No. 473  Gu, Gallo, Mack, Lawson, McKenney, Valverde, Lauria, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- PAYMENT OF WAGES (Requires employers in Rhode Island with thirty (30) or more employees would be required to list competitive salary ranges on their job postings on the company's hiring page or third-party websites like Glassdoor, LinkedIn, Indeed or other job boards.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0473.pdf
 
Senate Bill No. 534  Miller, DiPalma, Euer, DiMario, Lawson, Valverde, Murray, Kallman, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY INSURANCE -- GENERAL PROVISIONS (Increases the taxable wage base upon which employees make contributions to the TDI and TCI funds, increases individual benefit rates for lower wage individuals, and creates an opt- in option for self-employed workers.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0534.pdf
 
Senate Bill No. 536  Picard, AN ACT RELATING TO TAXATION -- STATE TAX OFFICIALS (Limits the assessment of interest to four (4) calendar years prior to the date on which notice of the delinquent payment is sent to the taxpayer.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0536.pdf
 
Senate Bill No. 545  Kallman, DiPalma, Lawson, DiMario, Zurier, Tikoian, Murray, Felag, Ruggerio, Valverde, AN ACT RELATING TO PUBLIC FINANCE -- RHODE ISLAND SECURE CHOICE RETIREMENT SAVINGS PROGRAM ACT (Establishes the Rhode Island secure choice retirement savings program as a public corporation managing IRA-type investments. Requires employers to offer the program to employees or be subject to a $250 penalty per employee.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0545.pdf
 
Senate Bill No. 550  LaMountain, Britto, F. Lombardi, Burke, Lauria, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE RHODE ISLAND SMALL BUSINESS DEVELOPMENT FUND (Expands the definition of a minority business and allows corporation to allocate more than 20k to a small business development fund.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0550.pdf
 
Senate Bill No. 553  Ciccone, F. Lombardi, DiPalma, AN ACT RELATING TO TAXATION – PERSONAL INCOME TAX (Adds one new income tax bracket for purposes of Rhode Island state income taxation.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0553.pdf
 
Senate Bill No. 595  Gu, Euer, Kallman, Mack, Valverde, Lauria, AN ACT RELATING TO TOWNS AND CITIES – RHODE ISLAND DEVELOPMENT IMPACT FEE ACT (Allows impact fees to be imposed on commercial properties to subsidize the creation of affordable housing projects within the municipality, at the discretion of the appropriate governmental agency.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0595.pdf
 
Senate Bill No. 631  Murray, AN ACT RELATING TO FOOD AND DRUGS -- SOCIAL HOST REGULATIONS (Creates a social host statutory framework to address the presence and consumption of controlled substances, including marijuana as it relates to minors, at social parties, gatherings and events.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0631.pdf
 
Senate Bill No. 663  Acosta, Kallman, Mack, Euer, Murray, LaMountain, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- PAYMENT OF WAGES (Requires employer to furnish items and conditions of employment and a pay stub explaining how wages were calculated/reasons for deductions/allows the employee to file a court action against employer for violation.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0663.pdf
 
Senate Bill No. 664  de la Cruz, Rogers, Raptakis, Lombardo, E Morgan, AN ACT RELATING TO BUSINESSES AND PROFESSIONS -- FREEDOM TO TRAVEL AND WORK ACT (Establishes an occupational regulatory framework by authorizing the issuance of occupational licenses and government certifications by recognition for qualified worker applicants from other states.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0664.pdf
 

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