Chamber Connections BLOG
Chamber Connections BLOG
Last Week at the State House
All of the bills featured in last week’s edition of UTD were held for further study. The Attorney General did appear to testify on behalf of H.7677 that declares the failure to pay employees properly or on time, a felony. The Chamber testified in opposition to the bill. S.2861 which creates a new, almost impossible, test for independent contractors, had a number of business organizations testifying in opposition – including the Chamber. The testimony from the business community was well-received, with little support from proponents. This Week at the State House As was reported previously in UTD, this week is legislative break week. Phase two of the legislative session has come to an end which means many of the bills have had hearings in committee. The Chamber is currently tracking 327 bills. Approximately two thirds have had hearings at this time. The last phase of session includes hearings, passage of bills, and the passage of two budgets – the federal funding spending package, and the FY2023 state budget. The Revenue Estimating Conference agenda was released. This will be the last estimation of the available revenues and anticipated spending for the current fiscal year; and provides the basis for the creation of the FY2023 budget. Monday, April 25, 2022 – Caseload Estimating
Friday, April 29, 2022 – Economic Overview and Testimony
Wednesday, May 4, 2022
Friday, May 6, 2022 - Caseload Estimating Conference and Revenue Testimony
May 9, 2022 – Final Revenue Estimating Conference
The following new bills were filed last week: House Bill No. 8157 Tanzi, Cortvriend, Kislak, Potter, Giraldo, Felix, Baginski, McGaw, Messier, Kazarian, AN ACT RELATING TO INSURANCE -- INSURANCE COVERAGE FOR MENTAL ILLNESS AND SUBSTANCE ABUSE (Increases in-network behavioral health care service reimbursement rates up to the median value effective 1/1/2023. Increases rates for 2024-2028 by rate of inflation plus three (3) percentage points determined by federal CPI.) H8157.pdf (state.ri.us) House Bill No. 8158 Kennedy, Morales, Diaz, McEntee, Azzinaro, Edwards, Casimiro, Kazarian, Serpa, Ackerman, AN ACT RELATING TO INSURANCE -- ACCIDENT AND SICKNESS INSURANCE POLICIES (Caps amount payable for 30 day supply of equipment/supplies for insulin administration/glucose monitoring at $25 or equipment designed to last more than 30 days with no deductible commencing January 1, 2023.) webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H8158.pdf Senate Bill No. 2883 Seveney, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE RHODE ISLAND BROADBAND DEVELOPMENT PROGRAM (Establishes a program to increase the adoption of broadband services for local and statewide entities, both public and private, to be funded by federal funds and state appropriations.) webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2883.pdf
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The General Assembly will observe April break next week (April 18-22).
Last Week at the State House The full Senate voted 31-4 to pass S.2243, An Act Relating to Labor and Labor Relations – Rhode Island Parental Leave Act, which increases employee parental leave from thirteen weeks to twenty-four weeks over a two-year period. (voting against were Senators de la Cruz, Morgan, Paolino and Rogers). Under current law, employers with fifty or more employees fall under parental leave; and employees become eligible for the leave after working for one year with the employer. S.2243 does not change the thresholds for number of employees or time of work required for eligibility. The Senate Labor Committee passed S.2816, An Act Related to Labor and Labor Relations – Employment Security, a bill that extends the partial unemployment insurance benefits put into place during the pandemic. S.2816 extends the increase in the total amount of earnings a partial -unemployment insurance claimant can receive before being disqualified for benefits. It also extends the increase in the amount of earnings that is disregarded when calculating the claimant’s weekly benefit. These additional benefits are set to expire June 30, 2022. S.2816 extends the benefits to June 30, 2023. The full Senate will vote on S.2816 Tuesday, April 12th The remainder of the bills reported in last week’s UTD were held for further study. This Week at the State House Tuesday, April 12th The Senate Finance Committee will meet Tuesday at the Rise (approximately 4:30 pm) to take testimony on the Governor’s proposal to give $13 million to the Small Business Financial and Technical Assistance Program for items such as upgrading point-of-sale systems, developing e-commerce platforms, and improving technology. The Committee will also hear testimony on S.2455, An Act Relating to Corporations, Associations and Partnerships, that calls for the elimination of the minimum tax upon corporations, nonprofit corporations, and limited liability companies for the tax year in which the secretary of state certifies the entity's dissolution; and S.2850, An Act Relating to Taxation, that increases the corporate tax rate to 7.5% (from 7%) and decreases the corporate minimum tax to $200 (from $400). Written testimony can be submitted at the following address: jplume@rilegislature.gov Wednesday, April 13th Senate Labor will meet at 4:00 pm in Room 211 to consider whether to change the definition of “employee” for the purposes of workers’ compensation, unemployment insurance and TDI qualification. S.2861, An Act Relating to Labor and Labor Relations – Minimum Wages, proposes to adopt what is sometimes referred to as the “ABC” test. A person would be deemed an “employee” unless the person can meet all three tests: (1) the person is free from control and direction of the hiring entity (2) the person performs work that 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. Use of the ABC test would make it very difficult for some professions to work as an independent contractor. For example, an independent computer technology person could not work as an independent contractor for a business that has an IT person already on staff, since it would not qualify as outside the usual course of business. Any business with a government affairs staff person, would likely not be able to hire an independent lobbyist. It is difficult to imagine all of the possible contractors that may get swept up and reclassified as an employee of multiple businesses. If you have concerns about this bill, please contact your Senator and submit written testimony to SLegislation@rilegislature.gov The House Judiciary Committee will meet at the Rise (approximately 4:30 pm) to consider H.7677, An Act Relating to Labor and Labor Relations – Payment of Wages. H.7677, submitted at the request of the Attorney General, creates a felony offense for knowing and willfully failing to pay an employee on the designated pay day, or for failing to pay an employee the amount of wages owed at the next pay day following termination. If the value of the wages owed is between $1500 and $5000 the penalty is up to three years imprisonment or a fine of twice the value of the wages, or both. If the value is between $5000 and $10,000, the penalty is up to six years in prison and a fine of twice the wages, or both. If the value is over $10,000, the penalty is up to ten years in prison and a fine of twice the wages, or both. The bill also creates a felony penalty for employers that knowing and willfully misclassify an employee as an independent contractor. The first knowing or willful violation brings a penalty of up to three years in prison or a fine of up to two times the value of the wages or $10,000, whichever is greater, or both. The second knowing or willful offense carries a penalty of up to five years in prison or a fine of up to three times the value of the wages or $20,000, whichever is greater, or both. Testimony can be emailed to HouseJudiciary@rilegislature.gov Please include the bill number, your name, position and company in the subject line. The other bill of interest in H.8014, An Act Relating to Labor and Labor Relations – Labor Disputes. H.8014 bans employers from contacting the police “for the purpose of harassing or otherwise disrupting participants of a labor dispute.” The penalty for violating this provision would be a fine of up to $500 “for each person harassed.” The House Finance Committee is also meeting Wednesday at the Rise. H.6658, An Act Relating to Taxation, changes the interest rate for underpayments of taxes to prime plus six percent with a maximum rate of 18% instead of 21%. The current law calls for a rate between 18% and 21%. H.7444, An Act Relating to Labor and Labor Relations – Temporary Disability Insurance, proposes numerous changes to the TDI system. The bill allows self-employed individuals to participate in TDI. Self-employed individuals become eligible to collect benefits after financially contributing to the program for 12 months. H.7444 also changes the contributions made by employees. For each calendar year prior to 2023, the taxable wage is the greater of $38,000 or the annual earnings needed to qualify for the maximum weekly benefit amount. Starting January 1, 2023, the wage base would jump to the greater of $250,000 or the annual earning needed by the individual to qualify for the maximum weekly benefit amount AND the maximum duration allow under law. Benefits to be paid are tiered. Individual whose average wage is minimum wage would receive a benefit of 90% of that average weekly wage. For individuals whose average wage is two times the minimum wage the benefit payable would be 75% of the weekly wage. All other claimants remain at the current benefit rate: 4.62% of the wages paid in the highest quarter of the claimant’s base period. At this time, claims with a benefit year begin date effective 1/2/22 or later, $978.00 is the maximum benefit rate and the minimum benefit rate is $114. Testimony for this hearing can be emailed to: HouseFinance@rilegislature.gov Please include the bill number, your name, position on the bill, and company in the subject line. The following new bill has been filed: House Bill No. 8096 Phillips, McEntee, Hawkins, Costantino, Corvese, Solomon, Cardillo, Cortvriend, Filippi, Fenton-Fung, AN ACT RELATING TO TAXATION -- STATE TAX OFFICIALS (Waives interest and penalties on the taxable portion of loans taxed or forgiven under the Paycheck Protection Program during tax years 2020 and 2021, provided any tax due is paid by March 31, 2022 and March 31, 2023, respectively.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H8096.pdf Senate Bill No. 2837 Quezada, AN ACT RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS -- FILING OF ASSUMED NAME (Makes amendments necessary to use the term "trade name" rather than "assumed name", for purposes of the commercial law chapter on filing an assumed name, and provides for the administration and regulation of the use of trade names.) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2837.pdf Senate Bill No. 2845 Lombardo, Pearson, Ciccone, McCaffrey, Goodwin, Lombardi, Picard, Gallo, Sosnowski, Felag, AN ACT RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR FUEL TAX (Suspends the tax on fuel or manufactured biodiesel fuel sold or used from April 1, 2022 to June 30, 2022, and requires the seller to reduce the per-gallon price of fuel or manufactured biodiesel fuel by a sum equal to the tax abatement.) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2845.pdf Senate Bill No. 2850 Zurier, AN ACT RELATION TO TAXATION -- BUSINESS CORPORATION TAX (Increases the amount each corporation pays on state tax to seven and one half percent (7.5%) of net income beginning on or after January 1, 2023, and reduce the minimum tax to two hundred dollars ($200).) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2850.pdf Senate Bill No. 2861 Quezada, Euer, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- MINIMUM WAGES (For proposed wages, workers' compensation, temporary disability and unemployment benefits this act creates a new definition for "employee") http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2861.pdf House Bill No. 8119 Morales, Henries, Felix, Giraldo, McGaw, Potter, Lombardi, Batista, Ranglin-Vassell, Tanzi, AN ACT RELATING TO HEALTH AND SAFETY -- COMPREHENSIVE HEALTH INSURANCE PROGRAM (Establishes a universal, comprehensive, affordable single-payer health care insurance program and helps control health care costs, which would be referred to as, "the Rhode Island Comprehensive Health Insurance Program" (RICHIP).) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H8119.pdf House Bill No. 8120 Alzate, Kazarian, Henries, Giraldo, Morales, Felix, Potter, McEntee, Williams, Batista, AN ACT RELATING TO INSURANCE -- ACCIDENT AND SICKNESS INSURANCE POLICIES (Mandates insurance policies, provides coverage to diagnose & treat infertility for women between 25 & 42 years, including pre-implantation genetic diagnosis (PGD) in conjunction with in vitro fertilization (IVF).) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H8120.pdf Last Week at the State House
All of the bills mention in last week’s edition were held for further study: S.2243 (parental leave expansion), S.2245 (TDI expansion), S.2130 (employee commuter benefits), S.2075 (employer tax for Children Relief Fund), and S.2274 (increase renewable source for electricity). State’s Landfill Update – RI Resource Recovery provided an update on the status of the State’s landfill. The good news is that the life expectancy of the site has been extended from 2036 to 2040. The extension was achieved by increasing the fees for disposal. Because the fees were so low, the landfill was attracting customers from all over the state. With the increase in fees, certain customers found it more feasible to use other landfill sites for disposal needs. The landfill takes in 650,000 tons of waste a year. Approximately 23% of the items placed into recycling bins are contaminated and make their way back to the landfill. This Week at the State House Wednesday, April 6th The Chamber has been asking, and the House Oversight Committee has answered the call. On Wednesday at 1:30pm in the House Lounge, the Committee will hear from a number of agencies concerning renewable energy programs in Rhode Island. Policy programs from 100% renewable electricity supply, to electric vehicle sale requirements, to electrification of all buildings in the state are up for consideration. Rhode Island has one of the highest electricity rates in the country. If the transition to renewable energy is not planned out carefully and data driven, the economy will suffer and supply may not keep pace with demand. The Committee will hear from: Linda George, Administrator of the Division of Public Utilities; Karen Stewart, Renewable Energy Fund Program Director for RI Commerce Corporation; and Chris Kearns, Policy and Legislative Liaison for the Office of Energy Resources. The meeting will be live streamed at https://www.rilegislature.gov/CapTV/Pages/default.aspx The Senate Labor Committee will hear a bill requested by the Rhode Island Department of Labor. S.2816, An Act Related to Labor and Labor Relations – Employment Security, extends the partial unemployment insurance benefits put into place during the pandemic. S.2816 extends the increase in the total amount of earning a partial -unemployment insurance claimant can receive before being disqualified for benefits. It also extends the increase in the amount of earnings that is disregarded when calculating the claimant’s weekly benefit. These additional benefits are set to expire June 30, 2022. S.2816 would extend the benefits to June 30, 2023. The hearing will take place at 4:00 pm in room 211 at the state house. Thursday, April 7th Two committee meetings of interest are scheduled for Thursday – Senate Commerce and House Labor. Senate Commerce, scheduled to meet at the Rise (approximately 4:30 pm) in room 310, will take testimony S.2688, An Act Relating to Labor and Labor Relations – Consumer Credit History Employment Protection Act, prohibits employers from asking questions about a job applicant’s financial past or from checking their credit history. There are exemptions for those seeking jobs where a credit check is required under state or federal law, or a national security clearance; where the person would have signatory authority over third parties worth $10,000 or more; non-clerical positions with access to trade secrets; or positions with the ability to modify digital security systems. If the job falls within an exemption, the employer must inform the applicant and obtain written permission prior to running the credit check. The House Labor Committee will meet at the Rise in room 101 on Thursday. What is expected to be a busy and potentially long meeting will include the following bills:
If you wish to submit written testimony on any of these bills, email your name, bill number and position (in the subject line), along with your testimony, to HouseLabor@rilegislature.gov Testimony should be submitted by 1:00 pm, Thursday. The following new bill has been filed: House Bill No. 8074 Solomon, AN ACT RELATING TO PUBLIC UTILITIES AND CARRIERS -- LABOR STANDARDS IN RENEWABLE ENERGY PROJECTS (Established labor standards applicable to renewable energy projects and conditions/procedures for applicants related to labor agreements with enforcement by department of labor and training (DLT).) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H8074.pdf Last Week at the State House
The bill hearings are reaching a pinnacle as the legislature heads in to the three-week stretch leading to the Spring recess that takes place April 18 – 22. A few bills have passed one chamber – meaning the Senate or the House. S.2080, An Act Relating to Insurance – Individual Health Coverage, passed the Senate by a 26 to 8 vote. Voting “no” were Senators Algiere, de la Cruz, Lombardi, Lombardo, Morgan, Picard, Raptakis and Rogers. The bill requires individual, large group and small employer health insurance to cover what is deemed to be ten essential services: (1) Ambulatory patient services; (2) Emergency Services; (3) Hospitalization; (4) Maternity and Newborn Care; (5) Mental Health and Substance Use Disorder Services, including Behavioral Health Treatment; (6) Prescription Drugs; (7) Rehabilitative and Habilitative Services and Devices; (8) Laboratory Services; (9) Preventive Services, Wellness Services and Chronic Disease Management; and (1) Pediatric Services including Oral and Vision Care. These coverages are contained in the federal affordable care act (ACA). The ACA contains insurance premium subsidies resulting in more people participating in the health insurance program and spreading expenses among more individuals. Should the federal government rescind the ACA, and Rhode Island require the ten areas to be covered by insurance, the cost impact to premiums is unknown. The Chamber had requested that this analysis be completed prior to passage of any health care mandate. http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2080A.pdf S.2087, An Act Relating to State Affairs and Government – Environmental Justice Act, passed the Senate 32-4. Voting “no” was Senators de la Cruz, Morgan, Paolino and Rogers (Archambault and Raptakis did not vote). S.2087 establishes criteria and a process for creating Environmental Justice (EJ) areas in the state. The Division of Statewide Planning would establish EJ areas, although, ten residents from an area can request to be declared an EJ area. At that point the Division would be required to prepare a report (within 6 months) stating why the area should be designated EJ or why an area should be removed from the EJ list. The bill does not state what happens if the Division does not think the area should be designated an EJ. Following the report, the bill calls for a public hearing within thirty days. Following the hearing, the Division has thirty additional days to render a final decision which must take into consideration public comment and "community support." To qualify for EJ area status, the area has to have one or more: (1) annual median household income 65% or less of statewide median household income (which would be about $45k); (2) 25% or more residents that are not proficient in English or (3) 25% or more of the population is minority and with annual household median income of less than 150% of state median (about $105k). Once designated an EJ area, the Department of Environmental Management (DEM) could not issue "any permitted activity" within the area or within a half mile of the area UNLESS: (1) applicant prepares an environmental impact report including cumulative impacts; (2) includes adverse impacts that can't be avoided if the permit is granted; and (3) includes public health impacts. That report has to be given to DEM and DEM must hold a public hearing on the permit. Then DEM has to wait forty-five days before rendering a decision to grant the permit - DEM can deny in less time. DEM must consider community support when rendering its decision. It is unclear if the permits only apply to new facilities and expansion of existing facilities or to the renewal of an existing permit. http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2087.pdf H.7392, An Act Relating to Health and Safety – Restroom Access Act, passed the House floor on a vote of 67 to 0. H.7392 applies to retail businesses with three or more employees working on site at the same time. Any such establish that does not have a public restroom must allow patrons, with certain health conditions, to use the employee restroom when needed. The covered medical conditions include: Crohn's disease, ulcerative colitis, any other inflammatory bowel disease, irritable bowel syndrome, pregnancy, cancer or any other medical condition that requires immediate access to a restroom facility. The bill states that the patron shall present proof of the condition at the time of request to use the restroom – a document issued by a doctor, or the Crohn’s & Colitis Foundation. http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7392.pdf This Week at the State House Wednesday, March 30th The Senate Labor Committee has a busy schedule at 4:00 p.m. in Room 211 at the State House. S.2243, An Act Relating to Labor and Labor Relations – Rhode Island Parental Leave Act, increases employees parental leave from thirteen weeks to twenty-four weeks over a two-year period. Under current law, employers with fifty or more employees fall under parental leave; and employees become eligible for the leave after working for one year with the employer. S.2243 does not change the thresholds for number of employees or time of work required for eligibility. http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2243.pdf S.2245, An Act Relating to Labor and Labor Relations – Temporary Disability Insurance, calls for an increase in the weekly dependent allowance for individuals claiming temporary disability insurance benefits (TDI). The allowance would increase from $10 to $20. The bill also extends benefits to those who file in order to care for a grandchild or a sibling; and the maximum number of weeks available to caregivers would increase from six week to eight weeks in 2023 and to ten weeks in 2024. http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2245.pdf S.2130, An Act Relating to Labor and Labor Relations – The “Commuter Transportation Benefits Act, requires employers with 500 or more employees to provide a pre-tax transportation fringe benefit program consistent with the Internal Revenue Code at the maximum level allowable under federal law. The new requirement would take affect January 1, 2023. http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2130.pdf Thursday, March 31st The Senate Committee on Health and Human Services is meeting in Room 211 at 4:00 p.m. One bill of concern is S.2075, An Act Relating to Health and Safety – Catastrophic Illness in Children Relief Fund. The bill creates a Fund to provide financial assistance to families for medical expenses not covered by state or federal programs, or by an insurance policy. The Fund receives its dollars from a $1.50 per employee annual charge on all employers. http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2075.pdf Renewable electricity is a topic for discussion in the Senate Commerce Committee at 4:00 in Room 310. S.2274, An Act Relating to Public Utility Carriers – Renewable Energy, requires Rhode Island to increase the amount of electricity derived from renewable sources over the next nine years until the state reaches the current legal requirement of 100% by 2030. The Chamber has urged both House and Senate to hear from ISO New England and the Public Utilities Commission prior to the adoption of any acceleration of renewable mandates within the electrical system. ISO New England is an independent body that administers the region’s wholesale markets, and operates the power system to ensure reliable and competitively priced wholesale electricity. At a recent hearing of the Senate Committee on Environment and Agriculture, ISO-NE announced that they have adopted a new vision, “To harness the power of competition and advanced technologies to reliably plan and operate the grid as the region transitions to clean energy.” The key to this vision, is to ensure we have a RELIABLE system. The New England grid currently plans for summer peak electricity use, due to air-conditioning demand within the region. As we transition to electric heat and electric vehicles, ISO-NE must plan for winter peak demand which is higher and will be even higher if the state requires buildings’ heating systems and vehicles to switch to electricity. Battery storage must be figured out, and emergency plans must be flawless as a power outage in the middle of winter could be disastrous otherwise. According to the Energy Information Administration’s November 2021 report, Rhode Island’s average retail price of electricity was fourth highest in the country at 18.54 c/kWh (https://www.eia.gov/electricity/state/rhodeisland/) The Chamber is on record saying, “As we go through the process of increasing electricity demand and restrict the sources of electricity generation, economic analysis of proposals will be critical.” The Public Utilities Commission, with its experts and resources should be asked to provide economic analysis on proposals as well. Rhode Island currently has renewable electricity requirements ahead of our neighbors: MA is 80% clean energy by 2050; VT is 90% renewable energy by 2050; ME is 100% renewable by 2050; CT is 100% zero-carbon by 2040; and RI is 100% renewable by 2030. http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2274.pdf The following new bills have been filed: House Bill No. 8025 Williams, Giraldo, Alzate, Biah, Vella-Wilkinson, Hull, Amore, Slater, Potter, Cassar, AN ACT RELATING TO CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS -- WORKERS' COOPERATIVES (Clarifies the role of a workers' cooperative to allow it to operate as a hiring hall under certain circumstances.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H8025.pdf House Bill No. 8031 Messier, Felix, Alzate, Tobon, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND HARD-HIT LIQUIDITY PROGRAM ACT (Establishes the “Rhode Island Hard-Hit Emergency Liquidity Program Act” to provide up to twenty million dollars ($20,000,000) to businesses adversely affected by the Coronavirus pandemic by providing aid for drop in sales.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H8031.pdf House Bill No. 8036 Alzate, Batista, Giraldo, Cassar, Henries, Amore, Felix, Carson, Speakman, Ranglin-Vassell, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- ENVIRONMENTAL JUSTICE ACT (Requires the department of environmental management to create environmental justice areas.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H8036.pdf House Bill No. 8038 McEntee, Craven, Morales, Caldwell, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- FAIR EMPLOYMENT PRACTICES (Prohibits an employer, employment agency, labor organization, or employee, to commit any act declared to be an unlawful employment practice; individuals would be held personally liable for such conduct.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H8038.pdf Senate Bill No. 2738 Goodwin, AN ACT RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS--SURCHARGES ON CREDIT CARD TRANSACTIONS (Provides that surcharges on credit card transactions may only be permitted when certain notice requirements are adhered to and provides for a misdemeanor penalty of five hundred dollars ($500) and/or one year in jail in any violations.) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2738.pdf Senate Bill No. 2740 Ruggerio, McCaffrey, Goodwin, Euer, AN ACT RELATING TO PUBLIC UTILITIES AND CARRIERS -- LABOR STANDARDS IN RENEWABLE ENERGY PROJECTS (Adds a new chapter known as the Labor Standards in Renewable Energy Projects.) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2740.pdf Senate Bill No. 2741 (Secretary of State) Picard, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- BUSINESS FAST-START OFFICE (Requires the fast-start office to regularly convene business owners in the state to gather recommendations to improve business licensing procedures.) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2741.pdf Senate Bill No. 2759 Mendes, Calkin, AN ACT RELATING TO TAXATION -- REAL ESTATE CONVEYANCE TAX (Taxes property not considered a primary residence at a flat rate of five percent (5%) of the assess value.) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2759.pdf Senate Bill No. 2775 (Attorney General) McCaffrey, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- PAYMENTS OF WAGES (Increases the criminal penalties for wage theft and employee misclassification.) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2775.pdf Senate Bill No. 2794 (Dept. of Business Regulation) Sosnowski, AN ACT RELATING TO FINANCIAL INSTITUTIONS -- CREATION AND EXPANSION (Amends a number of provisions in the general laws relative to financial institutions by eliminating unnecessary requirements and/or clarifying language in order to reduce certain burdens on businesses operating in Rhode Island.) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2794.pdf Senate Bill No. 2815 Ruggerio, McCaffrey, Goodwin, Ciccone, Lombardo, Pearson, Lawson, DiPalma, 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/BillText22/SenateText22/S2815.pdf Senate Bill No. 2816 (Dept. of Labor and Training) Goodwin, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- EMPLOYMENT SECURITY--GENERAL PROVISIONS (Extends until June 30, 2023, an 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/BillText22/SenateText22/S2816.pdf Last Week at the State House
All bills reported in last week’s edition (adult marijuana, minimum wage increase, tipped wage increase, local control of minimum wage law) were held for further study. The full Senate did pass S.2087, An Act Relating to State Affairs and Government – Environmental Justice Act. S.2087 allows the Division of Statewide Planning to establish Environmental Justice (EJ) areas. However, 10 residents from an area can request to be declared an EJ area. At that point the Division would be required to prepare a report (within 6 months) stating why the area should be designated EJ or why an area should be removed from the EJ list. It doesn't say what happens if the Division does not think the area should be designated EJ. Following the report, the bill calls for a public hearing within 30 days. Following the hearing, the Division has 30 to render a final decision which must take into consideration public comment and "community support." To qualify for EJ area status, the area has to have one or more: 1) annual median household income 65% or less of statewide median household income which would be about ($45k); 2) 25% or more residents that are not proficient in English or 3) 25% or more of the population is minority and with annual household median income of less than 150% of state median (about $105k). Once designated an EJ area, The Department of Environmental Management (DEM) could not issue "any permitted activity" within the area or within a half mile of the area UNLESS 1) applicant prepares an environmental impact report including cumulative impacts; 2) includes adverse impacts that can't be avoided if the permit is granted; and 3) includes public health impacts. That report has to be given to DEM and DEM must hold a public hearing on the permit. Then DEM has to wait 45 days before rendering a decision to grant the permit - DEM can deny in less time. DEM must consider community support when rendering its decision. It is not clear if the permits only apply to new build requests and to expansion requests, or if it would pull in renewal of permits. From testimony provided at the hearing, and from various meetings, it appears one of the main focus areas is the Providence Port area. This Week at the State House Tuesday, March 22nd It is the House Finance Committee’s turn to hear testimony on the adult use of marijuana/cannabis – Tuesday at the Rise in Room 35. The Governor’s proposal, outlined in Article 11 of his budget proposal provides more authority to the Department of Business Regulation in the governance of the sale of various products. While the House and Senate seem to be aligned in their vision of the program, differences still remain between the General Assembly and the Governor’s office. That said, a bill is expected to pass at some point during the session. The House Committee on Innovation, Internet and Technology is meeting Tuesday, at the Rise, to discuss a number of bills that are very technical in nature. The full hearing notice can be viewed at: https://status.rilegislature.gov/documents/agenda-17889.aspx If your business collects data over the internet in any way, particularly if you share it with a third party, please look at these bills. Personal data includes social security numbers, driver’s license numbers, credit or debit card numbers, health insurance information, or email addresses with any password. H.7400, An Act Relating to Commercial Law, requires any business that collects such data and shares it with a third part provider to publicly post (on its website or in a client agreement) the “categories” of information it collects, and name all of the third-party entities with which the information is shared. Failure to make the disclosure results in a fine of $100 - $500 for each disclosure, and may be subject to a private right of action. This bill specifically states that it does not apply to tax-exempt organizations. The Act would take effect January 1, 2023. H.7564, An Act Relating to Commercial Law, bans a provider of a digital application distribution platform (iPads, iPhones, etc.) from requiring developers of apps to use a particular in-application payment system for user downloads in order to allow customers to purchase the app. It gives the Attorney General the authority to bring an action in court against the provider as well as allows for a civil action by the app creator. The concern with this bill is the legislature's foray into dictating terms that go into private contracts between business entities. A bill banning all municipalities from issuing a permit for any commercial, residential or mixed-us buildings unless the building is all-electric, will be heard in the House Municipal Government Committee Tuesday, at the Rise, in the House Lounge. H.7374, An Act Relating to Public Property and Works – All Electric Building Act, does provide relief from the mandate if the project is “physically or technically infeasible” as an all-electric building. Financial considerations are not sufficient to meet the “infeasible” burden. Hospitals, medical facilities, laboratories for biological research and restaurants are exempt. The bill can be viewed at: http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7374.pdf Wednesday, March 23rd The Chamber will lend its support to H.7602, An Act Relating to State Affairs and Government, which will be heard in the House Corporations Committee Wednesday at 4:00 pm in Room 101. This bill requires the state to notify any licensed business in Rhode Island when substantial changes are made to regulations affecting the business. A business would have the opportunity to sign up for digital or verbal notification of regulatory changes in lieu of receiving notifications by mail. The following new bills have been filed: House Bill No. 7985 Potter, Alzate, Slater, Diaz, Bennett, Lombardi, Amore, Henries, Morales, O'Brien, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- REBUILD RHODE ISLAND TAX CREDIT (Requires that all entities receiving tax credits from the state pay their workers the prevailing wage or other payments pursuant to § 37-13. This act would also allow the revocation of the tax credits for violation of this act.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7985.pdf House Bill No. 8001 (by request) Carson, Cortvriend, Donovan, Speakman, Edwards, McGaw, Ruggiero, Abney, AN ACT RELATING TO COMMERCIAL LAW--GENERAL REGULATORY PROVISIONS -- FILING OF ASSUMED NAME (Requires individuals transacting business in RI under any assumed name to file in person, by mail, or electronically with the office of the city or town clerk the true or real full name(s) of the person(s) transacting business and their email address.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H8001.pdf House Bill No. 8014 Amore, Shanley, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- LABOR DISPUTES (Adds a section to labor disputes that prevents the use of police as harassment in a labor dispute.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H8014.pdf Senate Bill No. 2686 Cano, Miller, Euer, Quezada, DiMario, Acosta, Mack, Valverde, AN ACT RELATING TO PUBLIC UTILITIES AND CARRIERS -- PUBLIC UTILITIES COMMISSION -- SOCIAL COST OF CARBON (Requires the public utilities commission to establish a social cost of carbon and factor it a cost benefit analysis whenever programs are proposed to curb climate change and carbon dioxide emission.) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2686.pdf Senate Bill No. 2688 Quezada, Murray, Euer, Cano, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- CONSUMER CREDIT HISTORY EMPLOYMENT PROTECTION ACT -- DECEPTIVE TRADE PRACTICES (Prohibits employers from seeking/using credit reports in making hiring decisions concerning prospective employees, asking questions about the applicant's financial past during interviews or including credit history questions in their job applications.) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2688.pdf Senate Bill No. 2690 Kallman, Euer, Miller, DiMario, Mack, Lombardo, Goodwin, McCaffrey, Anderson, Acosta, AN ACT RELATING TO HEALTH AND SAFETY -- LICENSING OF HEALTHCARE FACILITIES (Requires all state licensed health care facilities to convert the powering of their operations, from fossil fuels to renewable energy sources.) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2690.pdf Senate Bill No. 2692 DiMario, Euer, Coyne, Miller, Kallman, Valverde, Burke, Lawson, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT - MULTI-STATE MEDIUM AND HEAVY-DUTY ZERO-EMISSION VEHICLE ACT (Strives to make sales of all new medium and heavy-duty vehicles in the state zero-emissions by no later than 2050.) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2692.pdf Senate Bill No. 2700 DiPalma, Euer, Coyne, Kallman, DiMario, AN ACT RELATING TO PUBLIC PROPERTY AND WORKS -- THE GREEN BUILDINGS ACT (Expands definition of public buildings under Green Building Act to include buildings in any subdivision of state, and include private major facility projects; mandates public reports for all such projects.) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2700.pdf Senate Bill No. 2717 DiPalma, Acosta, Lombardo, Kallman, Euer, Lombardi, Felag, AN ACT RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS - DECEPTIVE TRADE PRACTICES (Prohibits certain providers of digital application distribution platforms from requiring that payments for the software application be made exclusively through a particular in-application payment system.) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2717.pdf Last Week at the State House
All of the bills reported to you last week were held for further study, a formal procedure which keeps the bills alive through the remainder of the session (S.2093, – receivership act for businesses; S.2104 – customer privacy protection policy; H.7500, H.7503, and H.7560 – health care coverage mandates; S.2486 – workplace bullying bill, and S.2209 – EV infrastructure requirement in new parking lots or expanding parking lots.). The Senate Labor Committee announced that it is planning to bring forward a re-draft of S.2486, the workplace bullying bill. We will distribute that substitute bill as soon as it is available. This Week at the State House Tuesday, March 15th Adult Marijuana use is scheduled for a Senate Judiciary hearing Tuesday at the Rise (approximately 4:30 pm) in Room 313 at the State House. S.2430, An Act Relating to Food and Drugs – Rhode Island Cannabis Act legalizes marijuana use for adults 21 years of age and older. It creates the RI Cannabis Control Commission to oversee the regulation, licensing and control of adult use and medical marijuana use. The bill allows for up to 24 retail establishments to be licensed in the first year (restricted to a maximum of 4 in a geographic zone). S.2430 establishes a new 10% state excise tax, a new local excise tax of 3%, and includes the 7% retail sales tax, for a total tax of 20%. More importantly, the bill does attempt to provide some protections for employers. The bill states that an employer is not required to accommodate the medical use of marijuana in any workplace. Workers’ compensation benefits are not required to cover medical marijuana. Employers are not required to accommodate the use or possession of cannabis, or being under the influence of cannabis in any workplace; however, employers also cannot discipline or fire an employee “solely for an employee’s private, lawful use of cannabis outside the workplace and as long as the employee has not and is not working under the influence of cannabis.” There are exemptions for federal contractors where the federal law requires a no tolerance policy, as well as for hazardous professions. Employers may prohibit the use of cannabis within 24 hours prior to a work shift or assignment, but to date there is no test that would confirm such use. The Chamber is working with other business groups to: (1) clarify the definition of “workplace” which has become more complicated due to the increase in remote work; (2) request state funded training for HR directors and business owners to learn how to detect marijuana impairment in employees; and (3) request the ability to drug test employees performing hazardous jobs. The bill can be viewed at: http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2430.pdf The House Committee on State Government and Elections is meeting at the Rise (approximately 4:30 pm) in Room 101 at the State House. H.7743, An Act Relating to Motor and Other Vehicles – Parking Facilities and Privileges, will be heard. This bill requires most parking lots with over 100 spaces to create specifically designed spaces for individuals transporting young children that require the use of strollers. Properties zoned industrial are exempt, as are multi-family residences. Parking lots with 101-500 spaces would be required to create two such spaces; lots with 501-1000 spaces would need to create three spaces; and lots with more than 1001 spaces would add one additional space for each 500 spaces over 1001. Lot owners are responsible for the cost of signage and painting of spaces. The bill also outlines the specific dimensions of the spaces. If you wish to submit testimony via email, send it to: HouseStateGovernmentandElections@rilegislature.gov Remember to place your name, bill number, and viewpoint in the subject line. Pdf format is preferred. The bill can be viewed at: http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7743.pdf Wednesday, March 16th Employee wages are the topic of the day for the House Labor Committee on Wednesday, at 4:00 pm, in House Lounge at the State House. H.7348, incrementally increases the tipped wage for employees starting January 1, 2023. The current tipped wage is $3.89 per hour. This means that the restaurant must pay the tipped employee $3.89 per hour. The employee then receives tips from customers. If the tips do not bring the employee to the Rhode Island minimum wage of $12.25, the restaurant must pay the difference. No employee is permitted to legally make less than $12.25 per hour. H.7348 raises the initial tipped wage to $6.95, January 1, 2023; $8.95 January 1, 2024; $10.95 January 1, 2025; $12.95 January 1, 2026; $14.95 January 1, 2027; and to the state’s minimum wage by January 1, 2028. Should this bill pass, many restaurants have stated they will transition to a European model which excludes customer tipping. H.7575, An Act Relating to Labor and Labor Relations (Representatives Morales, Potter, Ranglin-Vassell, McGaw, Batista, Biah, Kislak, Henries, Speakman, and Williams) repeals state preemption of minimum wage. This law was adopted as part of the negotiations between labor advocates and the business community when the minimum wage increase bill was passed in 2014. The business community agreed to a phase-in of higher minimum wages, if all of the communities in the state were bound by the same minimum wage. This avoids confusion, payroll mistakes, and employee morale issues. Please contact your state legislators and ask them to oppose the passage of H.7575. There is no Senate companion bill at this time, but not all of the bills have been formally introduced. H.7765, An Act Relating to Labor and Labor Relations proposes to change the minimum wage phase-in schedule. Under current law the minimum wage is set to increase to $13 on January 1, 2023, $14 on January 1, 2024 and $15 on January 1, 2025. H.7765 increases that jump to $14.50 on January 1, 2023, $16.75 on January 1, 2024, $19 on January 1, 2025, and then increases the wage every year thereafter in accordance with the CPI index. If you wish to submit written testimony on any of these bills, email the testimony to HouseLabor@rilegislature.gov and include your name, bill number, and viewpoint in the subject of the email (pdf format is preferred). If you wish to testify in person, go to the House Lounge at 3:45 and sign up to testify. The following new bills have been filed: House Bill No. 7917 McNamara, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND INFORMATION PRIVACY ACT (Allows an individual to access and learn what personal information about the individual has been gathered and stored by covered entities that conduct business in Rhode Island.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7917.pdf House Bill No. 7920 Tobon, Barros, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- STATE BUSINESS TECHNOLOGY LIVE, WORK, AND PLAY PARKS (Establishes the state business technology live, work, and play parks program, to be administered by the commerce corporation.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7920.pdf House Bill No. 7922 Tobon, Barros, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND COMMERCE CORPORATION (Establishes the retailer competitive grants revolving fund to award grants, through a competitive process, to local on the ground businesses.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7922.pdf House Bill No. 7928 (Dept. of Revenue) Abney, AN ACT RELATING TO TAXATION -- STATE TAX OFFICIALS (Defines "large business registrant" and requires the large business registrant to file returns and remit taxes electronically with fines for failure to do so.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7928.pdf Senate Bill No. 2584 DiPalma, Kallman, DiMario, Lombardo, Ciccone, Euer, McCaffrey, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- JUST TRANSITION TO CLEAN ENERGY (Establishes just transition office assisted by 18 member advisory committee within DLT to support displaced fossil fuel workers in transition to carbon free economy.) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2584.pdf Senate Bill No. 2592 Cano, Kallman, Acosta, McCaffrey, Goodwin, Ruggerio, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND HARD-HIT LIQUIDITY PROGRAM ACT (Establishes the “Rhode Island Hard-Hit Emergency Liquidity Program Act” to provide up to twenty million dollars ($20,000,000) to businesses adversely affected by the Coronavirus pandemic by providing aid for drop in sales.) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2592.pdf Senate Bill No. 2593 Mack, Bell, Anderson, Calkin, Acosta, Mendes, AN ACT RELATING TO TAXATION -- PERSONAL INCOME TAX (Adds one new income tax bracket for purposes of Rhode Island state income taxation. The new bracket would be a rate of ten and ninety-nine one-hundredths percent (10.99%) on taxable income over four hundred thousand five hundred dollars ($400,500).) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2593.pdf Senate Bill No. 2634 Mack, Bell, Anderson, Calkin, Acosta, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE GREEN JUSTICE ZONE ACT (Establishes the first Green Justice Zone, 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/BillText22/SenateText22/S2634.pdf Senate Bill No. 2665 Anderson, Acosta, Bell, Calkin, Kallman, Mack, Mendes, Euer, Quezada, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- MINIMUM WAGES (Repeals the law that prevented municipalities from establishing their own minimum wage for their employees.) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2665.pdf Last Week at the State House
All of the bills reported to you last week were held for further study, a formal procedure which keeps the bills alive through the remainder of the session (H.7231, An Act Relating to Business Professions – Freedom to Travel and Work Act; S.2124, An Act Relating to Labor and Labor Relations – Unfair Employment Practices - prohibits an employer from requiring an employee to execute a nondisclosure agreement or non-disparagement agreement; S.2325 requires coverage for Covid-19 home test kits; S.2080 requires coverage for 10 categories of “essential health benefits”; and S.2203 requires coverage for treatment of pediatric autoimmune neuropsychiatric disorders. The debate over the appropriate amount of ARPA funds to be used to replenish the unemployment trust fund continues. Figures ranging from $30 million to the full reimbursement (approximately $300 million) are in play. If this is an important issue to you, please contact your legislators. The adult recreational use of marijuana bills were introduced last week. While both the Senate and House leadership teams worked together on H.7593 and S.2430 (links to the bills are provided below), both have said they are open to input from the public. If you have an interest in these bills, please review and send comments to the Chamber as soon as possible. It is likely the hearings for H.7593 and S.2430 will be posted shortly. This Week at the State House Both the House and Senate are eliminating virtual testimony at hearings beginning this week. Written testimony is always accepted through email or by dropping it off in person. Individuals may also come to the state house – masks are optional – and sign up to verbally testify at the hearing room. Tuesday, March 8th The Senate Judiciary Committee is meeting at the Rise (approximately 4:30 p.m.) in Room 313. S.2093, An Act Relating to Courts and Civil Procedure – Procedure in Particular Action – Rhode Island Commercial Receivership Act. The bill creates a temporary, non-liquidating receivership program for businesses that experienced a substantial decline in revenue due to Covid or another type of government emergency power action http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2093.pdf S.2104, An Act Relating to Commercial Law, requires any business that collects a social security number, driver’s license number, a state identification card number, a credit or debit card number, or a health insurance identification number, to create a privacy protection policy and to publicly display that policy. Failure to comply results in a civil penalty of $500 for each violation up to $500,000 for any single event. http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2104.pdf If you wish to submit written testimony, it can be emailed to: SLegislation@rilegislature.gov. Please cc: the Chamber of Commerce so that we are aware of your testimony. Wednesday, March 9th The House Committee on Health and Human Services will meet in the House Lounge at 4:00 p.m. There are three health care mandates on the hearing calendar. H.7500, An Act Relating to Insurance (Requires individual health insurers, large group health insurers and small employer health insurers to provide coverage for essential health benefits listed in the act); H.7503, An Act Relating to Insurance (Requires coverage for treatment of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome); and H.7560, An Act Relating to Insurance (Requires individual health insurers, large group health insurers and small employer health insurers to provide coverage for ten (10) categories of essential health benefits). The Chamber will again request the creation of a Health Care Advisory Committee charged with evaluating all health care mandate proposals to determine cost and benefits. The Senate Committee on Labor meets at 4:00 p.m. in Room 211 to hear testimony, and likely pass S.2486, An Act Relating to Labor and Labor Relations – Dignity at Work Act. The Senate has passed this bill multiple times. The definition of workplace bullying includes: undermine, humiliate, denigrate, or sabotage a person in the workplace; as well as threatening, intimidating, dominating, or otherwise infringing upon a person's right to dignity. Workplace bullying may take the form of interpersonal interactions, organizational practices, or management actions. Workplace bullying may take the form of harassment, incivility, abusive supervision, physical violence, aggressions and “other types of objectionable behaviors.” The behaviors may come from any level of the organization, including supervision, co-workers, subordinates, or customers. Examples of bullying cited in the bill include: Interfering with a person's personal property or work equipment; use of humiliation, personal criticism, ridicule, and demeaning comments; Overbearing or intimidating levels of supervision; Withholding information, supervision, training or resources to prevent someone from doing their job; Changing work arrangements, such as rosters, offices, assignments, leave, and schedules to deliberately inconvenience someone; Isolating, or marginalizing a person from normal work activities; Inconsistently following or enforcing rules, to the detriment of an employee; Unjustifiably excluding colleagues from meetings or communications; and Intruding on a person's privacy by pestering… The bill is very broad and provides the “bullied” employee the ability to sue both the individual(s) involved as well as the employer. Written testimony can be submitted by email to SLegislation@rilegislature.gov To view the actual text of the legislation, go to: http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2486.pdf Thursday, March 10th EV chargers in business parking lots will be the topic of discussion in the Senate Committee on Housing and Municipal Government in Room 310 at the Rise (approximately 4:30 p.m.). S.2209, An Act Relating to Motor Vehicles – Parking Facilities and Privileges, requires, starting January 1, 2023, all new parking lots and existing lots that undergo an expansion of the number of parking spaces by 50% or more, to create designated parking spaces for electric vehicles. Each electric vehicle parking space must have either an EV-ready or EV-capable public level 2, or DC fast charger, or a dual port charger to be shared by two parking spaces. The bill goes on to require Commercial buildings (such as box stores, grocery markets, strip malls, shopping malls, shopping centers, and hotels or motels) as well as large employers (defined as having 100 employees or more at a single location) to install EV-ready or EV-capable public level 2, or DC fast charger, or a dual port charger to be shared by two parking spaces in a formula set in the legislation: 0-9 parking spaces = no EV spaces requirements; 10-25 parking spaces = 1 EV space requirement; 26-50 parking spaces = 2 EV required spaces; 51-75 parking spaces = 4 EV required spaces; 76-100 parking spaces = 5 EV required spaces; 101-150 parking spaces = 7 EV required spaces; 151-200 parking spaces = 10 EV required spaces; 201 and over = 6% of total spaces must be EV spaces. Testimony can be submitted via email at SLegislation@rilegislature.gov If you submit testimony, please share it with the Chamber as well. This bill can be viewed at: http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2209.pdf The following new bills have been filed: House Bill No. 7593 Slater, Hull, Williams, Kazarian, Solomon, McNamara, O'Brien, Potter, Bennett, Morales, AN ACT RELATING TO FOOD AND DRUGS -- RHODE ISLAND CANNABIS ACT (Establishes the Cannabis Control Commission. Legalizes recreational marijuana possession and use.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7593.pdf Senate Bill No. 2430 Miller, McCaffrey, Goodwin, Ruggerio, Coyne, Pearson, Acosta, Kallman, Archambault, Murray, AN ACT RELATING TO FOOD AND DRUGS -- RHODE ISLAND CANNABIS ACT (Establishes the Cannabis Control Commission. Legalizes recreational marijuana possession and use.) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2430.pdf House Bill No. 7601 Kennedy, Azzinaro, Diaz, AN ACT RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS -- DECEPTIVE TRADE PRACTICES (Prohibits commercial lease provisions limiting ability to subsequently lease to lawful businesses.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7601.pdf House Bill No. 7602 Giraldo, Place, Alzate, Kazarian, Barros, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- BUSINESS NOTIFICATION ACT (Requires businesses to be notified of any regulatory changes which materially impact the business.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7602.pdf House Bill No. 7621 Cortvriend, McGaw, Speakman, Carson, Handy, Donovan, Caldwell, Henries, Tanzi, Potter, AN ACT RELATING TO PUBLIC UTILITIES AND CARRIERS - HOME HEATING GREENHOUSE GAS EMISSIONS REDUCTION ACT (Creates the Home Heating Greenhouse Gas Emissions Reduction Act which program provides a mechanism and funding for gas companies to transition from providing gas heat to non-emitting renewable thermal energy for home heating consumers.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7621.pdf House Bill No. 7622 Morales, Henries, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE GREEN JUSTICE ZONE ACT (Creates the "green justice zone act" and the "environmental justice act" and makes amendments to several other areas of the general laws designed to create a system to provide clean water and air to the state.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7622.pdf House Bill No. 7642 Place, Filippi, Price, Nardone, Chippendale, Roberts, Newberry, Quattrocchi, AN ACT RELATING TO TAXATION - AGREEMENT TO PHASE OUT CORPORATE INCENTIVES COMPACT ACT (Establishes a compact agreement among at least two (2) states to prohibit the use of subsidies to selectively retain industry or company entice relocation from one state to another state or to open a new facility.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7642.pdf House Bill No. 7653 Cortvriend, Carson, McGaw, Batista, Speakman, Felix, Alzate, Kislak, Tanzi, Potter, AN ACT RELATING TO MOTOR AND OTHER VEHICLES -- ELECTRIC TRANSPORTATION ACT (Provides for a plan and structure to transition to green energy in motor and other vehicles.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7653.pdf House Bill No. 7654 Morales, Kislak, Alzate, Ranglin-Vassell, Lombardi, Potter, Henries, McGaw, Felix, Williams, AN ACT RELATING TO TAXATION -- BUSINESS CORPORATION TAX (Eliminates the corporate tax cut and qualified business income deduction created by the 2017 Tax Cuts and Jobs Act.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7654.pdf House Bill No. 7658 Costantino, Lima, Vella-Wilkinson, AN ACT RELATING TO TAXATION -- ESTATE AND TRANSFER TAXES -- LIABILITY AND COMPUTATION (Phases in an annual increase of the net taxable estate exemption over an eight (8) year period until the state exemption equals the federal exemption.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7658.pdf House Bill No. 7659 Amore, Alzate, Ajello, Barros, Henries, Morales, AN ACT RELATING TO TAXATION -- PERSONAL INCOME TAX (Creates a new income tax bracket for person with taxable income over $500,000 to fund school projects.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7659.pdf House Bill No. 7677 (Attorney General) Craven, Caldwell, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- PAYMENTS OF WAGES (Increases the criminal penalties for wage theft and employee misclassification.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7677.pdf House Bill No. 7717 Giraldo, Williams, Alzate, Lima, Morales, Batista, Cassar, Speakman, Kislak, Cortvriend, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- RHODE ISLAND PARENTAL AND FAMILY MEDICAL LEAVE ACT (Increases the amount of unpaid parental or family leave available to an employee, from thirteen (13) weeks to twenty-six (26) weeks, in any two (2) calendar years.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7717.pdf House Bill No. 7718 Williams, Giraldo, Morales, Batista, Vella-Wilkinson, AN ACT RELATING TO LABOR AND LABOR RELATIONS - WORKERS' COMPENSATION - OCCUPATIONAL DISEASES (Classifies as an occupational disease any disability or quarantine resulting from COVID-19 or other viral infection, classified by an executive order, during a declared state of emergency, subject to certain requirements.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7718.pdf House Bill No. 7721 Giraldo, Williams, Alzate, Lima, Morales, Batista, Cassar, Speakman, Kislak, Cortvriend, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- PAYMENT OF WAGES - EMPLOYEE RECORDS (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/BillText22/HouseText22/H7721.pdf House Bill No. 7781 (Dept. of Business Regulation) Solomon, AN ACT RELATING TO FINANCIAL INSTITUTIONS -- CREATION AND EXPANSION (Amends a number of provisions in the general laws relative to financial institutions by eliminating unnecessary requirements and/or clarifying language in order to reduce certain burdens on businesses operating in Rhode Island.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7781.pdf House Bill No. 7794 Giraldo, Williams, Morales, Alzate, Felix, Barros, Biah, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY INSURANCE -- CONTRIBUTIONS (Decreases an employee’s obligation for contribution from wages and requires an employer to contribute one-half of the amount to an employee’s contribution.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7794.pdf House Bill No. 7863 (Dept. of Labor and Training) McEntee, Caldwell, Morales ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- EMPLOYMENT SECURITY--GENERAL PROVISIONS (Extends until June 30, 2023, an 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/BillText22/HouseText22/H7863.pdf House Bill No. 7883 Ruggiero, Craven, Hull, Williams, Morales, Ajello, Carson, Cortvriend, Slater, Baginski, AN ACT RELATING TO CRIMINAL OFFENSES -- IDENTITY THEFT PROTECTION ACT OF 2015 (Creates a cybersecurity incident response group and implement stricter notice requirements to the effected parties.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7883.pdf House Bill No. 7901 Edwards, 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/BillText22/HouseText22/H7901.pdf House Bill No. 7904 Tanzi, Shanley, Craven, Ajello, Felix, McGaw, Batista, Ranglin-Vassell, Donovan, Kislak, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- FAIR EMPLOYMENTS PRACTICES (Amends the definition of employees to include individuals under appointment/contract/apprenticeship/volunteer or unpaid intern covered by fair employment practices.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7904.pdf House Bill No. 7905 Tanzi, Shanley, Craven, Ajello, Felix, McGaw, Batista, Donovan, Ranglin-Vassell, Kislak, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- FAIR EMPLOYMENT PRACTICES (Forbids an employer to require an employee to execute a nondisclosure agreement or non-disparagement agreement, regarding alleged violations of civil rights or criminal conduct, as a condition of employment.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7905.pdf Senate Bill No. 2448 DiMario, Euer, Seveney, Anderson, Lawson, Cano, Zurier, Burke, Miller, DiPalma, AN ACT RELATING TO MOTOR AND OTHER VEHICLES -- ELECTRIC TRANSPORTATION ACT (Provides for a plan and structure to transition to green energy in motor and other vehicles.) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2448.pdf Senate Bill No. 2463 Algiere, DiPalma, de la Cruz, Rogers, Paolino, Lombardi, AN ACT RELATING TO TAXATION -- ESTATE AND TRANSFER TAXES--LIABILITY AND COMPUTATION (Increases the net taxable estate exemption to three million six hundred thousand dollars ($3,600,000) on January 1, 2023 and increases the exemption by one million dollars ($1,000,000) on January 1 per year thereafter.) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2463.pdf Senate Bill No. 2486 Ciccone, Lombardo, Lombardi, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- DIGNITY AT WORK ACT (Establishes the Dignity at Work Act, to provide workers with more protection from bullying and harassment in the workplace.) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2486.pdf Senate Bill No. 2488 Acosta, Bell, Kallman, Anderson, Cano, Quezada, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- PAYMENT OF WAGES - EMPLOYEE RECORDS (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/BillText22/SenateText22/S2488.pdf Senate Bill No. 2551 Kallman, McCaffrey, Gallo, DiMario, Ruggerio, Miller, Lawson, Valverde, Seveney, Lombardo, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT – REBUILD RHODE ISLAND TAX CREDIT (Requires that all entities receiving tax credits from the state pay their workers the prevailing wage or other payments pursuant to § 37-13. This act would also allow the revocation of the tax credits for violation of this act.) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2551.pdf Last Week at the State House
The legislator was on break last week. The filing of bills was extended to March 1st, so expect to see numerous bills in UTD in the upcoming weeks. This Week at the State House The House has begun to hold hearings in a hybrid form – allowing the public to attend in person, submit written testimony or to sign up to testify virtually. The Senate remains in a virtual testimony only format, meaning the public can provide written testimony or sign up to testify by telephone. Tuesday, March 1st The House Corporations Committee will meet at the Rise (approximately 4:30 p.m.) H.7231, An Act Relating to Business Professions – Freedom to Travel and Work Act, allows Rhode Island Occupational Boards to recognize licenses from other states and award Rhode Island licenses to individuals who had a license from another state for one year or more and remains in good standing in that state. To be eligible, the license holder could not have complaints filed against them in the other state, nor could they have surrendered the license. The bill can be viewed at: H7231.pdf (state.ri.us) Written testimony may be submitted via HouseCorporations@rilegislature.gov Please include your name, bill number and position in the subject line. The deadline for written testimony is Tuesday at 1:00 p.m. *DEADLINE: Individuals may testify in person or over the phone. For phone testimony, the deadline to register is 4:00 pm Monday, February 28th . To register, complete the FORM or sign-up in person in the House Lounge. The House Finance Committee will meet at the Rise in Room 35. Governor McKee’s ARPA Fund proposals for the Enhanced Real Jobs program, the Blue Economy Program and the Unemployment Trust Fund will be heard. The Enhanced Real Jobs initiative calls for $15 million to be spent by June 30, 2024 and another $15 million by June 30, 2025. These funds shall support the Real Jobs Rhode Island program in the development of job partnerships, connecting industry employers adversely impacted by the pandemic to individuals enrolled in workforce training programs. The Blue Economy Program proposes to use $40 million by June 30, 2024 and $20 million by June 30, 2025. The Blue Economy Program is focused on areas such as ports and shipping, defense, marine trades, ocean-related technology, ocean-based renewables, aquaculture and fisheries, and tourism and recreation. Finally, the UI line item calls for $30 million to be deposited into the Trust Fund to replenish the fund. The Chamber believes this is not enough. The fraudulent claims alone reportedly took $36 million in employer contributions from the fund. At the last report, the Fund was down about $200 million from the pre-pandemic levels. If your unemployment tax has increased, we strongly urge you to submit testimony at this hearing. Written testimony may be submitted to HouseFinance@rilegislature.gov by 1:00 p.m. Tuesday. Indicate your name, bill number and position in the Subject Line of the Email. Individuals may testify in person or over the phone. To testify by phone you must complete the following form by 4:00 p.m. Monday House Committee on Finance - 3 (office.com) The Senate Judiciary Committee will meet at the Rise (approximately 4:30 p.m.) and will hear testimony on S.2124, An Act Relating to Labor and Labor Relations – Unfair Employment Practices. The bill prohibits an employer from requiring an employee to execute a nondisclosure agreement or non-disparagement agreement, as a condition of employment. The bill can be viewed at: S2124.pdf (state.ri.us) Written testimony can be submitted to the committee by emailing it to slegislation@rilegislature.gov Members of the public can request to provide verbal testimony to the committee through the following link: VERBAL TESTIMONY *Requests to provide verbal testimony must be submitted by 4:00 PM on Monday, February 28 , 2022. Wednesday, March 2nd The Senate Committee on Environment and Agriculture will be hosting a presentation by ISO-NE, the organization that is responsible for ensuring reliable electricity is available to Rhode Island businesses and homes. The meeting will begin at 4:00 p.m. If you are interested in watching the presentation, this meeting will be streamed live online through Capitol TV https://rilegislature.gov/CapTV/Pages/default.aspx Thursday, March 3rd The Senate Committee on Health and Human Services will meet at 4:00 p.m. to discuss additional health care mandates. S.2325 requires coverage for Covid-19 home test kits; S.2080 requires coverage for 10 categories of “essential health benefits”; and S.2203 requires coverage for treatment of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections/pediatric acute onset neuropsychiatric syndrome. The Chamber will request the creation of a Health Care Advisory Council to review all health care benefit mandates to provide cost analysis to the legislature as it deliberates these issues. Written testimony can be submitted to the committee by emailing it to: slegislation@rilegislature.gov Members of the public can request to provide verbal testimony to the committee through the following link: VERBAL TESTIMONY *Requests to provide verbal testimony must be submitted by 4:00 PM on Wednesday, March 2, 2022. This Week at the State House
This week was originally set as the deadline to file bills in the House. However, the deadline has been extended to March 1st. Both the House and Senate will be on break next week. Once the legislature returns on February 28th, expect hearing schedules to intensify through April. On Tuesday, at the Rise (approximately 4:30 p.m.) the House Finance Committee will take testimony on the section of Article 8 that pertains to the Small Business Development Fund. The Governor’s budget retains the enacted level of $700,000 from general revenues to recapitalize the Small Business Assistance Program for businesses with less than 200 employees that are having difficulties obtaining financing from traditional lending organizations. The program has $2.1 million in loanable funds as of December 2021 according to fiscal reports. The maximum amount that any one business can obtain from the fund is $750,000. The program provides a set aside provision for between 10% and 25% of the funding for a microloan program to be administered by a third-party with expertise in microloans. The Governor also proposes extending the sunset one year to December 31, 2023. The Committee will also take testimony on Article 9 (excluding the broadband policy initiatives). Article 9 raises the Rebuild Rhode Island aggregate tax credit cap from $210 million to $225 million and extends the program’s sunset clause to December 31, 2023. The Article also extends the sunset for the following programs to December 31, 2023: Tax Increment Financing, Tax Stabilization Incentive, First Wave Closing Fund, I-195 Redevelopment Fund, Small Business Assistance Program, Main Street Streetscape Improvement Program, Innovation Initiative, High School, College, and Employer Partnerships, Air Service Development, Industry Cluster Grant Program, and the Qualified Jobs Tax Credit. The RI Wavemaker Fellowship program is altered to create a separate fund from healthcare professionals. Currently, this program is dedicated to science, technology, engineering and medicine (STEM) students. According to the House Fiscal Staff analysis, the budget includes $1.6 million from general revenues for FY2023 for the existing program and $.8 million for the healthcare fund. Written testimony can be emailed to House Finance@rilegislature.gov Please include your name, Article number, position at the top of the email. The deadline for submission is Tuesday, at 1:00 p.m. You may also testify in person in Room 35 of the State House. The Senate Finance Committee will also take testimony on Article 9 Wednesday, at 5:00 p.m. All public testimony for the Senate hearing will be virtual. Written testimony can be submitted to the committee by emailing it to: jplume@rilegislature.gov You may also request to testify verbally via telephone by going to the following link https://forms.office.com/Pages/ResponsePage.aspx?id=LBHmn1akN0aJ3A8oTO_8ZrrkHo3ATJRAp4ByeeV8cWRUOTNJUUdXNTlMVlYzVDdaUUFFRzZZREhKWS4u Requests to testify verbally must be submitted by 4:00 p.m. Tuesday. What’s in the Governor’s Budget Article 10 – Education. Article 10 ensures that local school aid will remain level-funded, and not be subject to attendance swings associated with the Covid-19 pandemic. Article 12 – Medical Assistance. This Article requires personal care attendants, “high-risk providers and Medicaid providers to undergo national criminal records check prior to work. Rhode Island is one of five states that is not fingerprinting and conducting background checks for high- risk providers, as required under federal law. For Medicaid providers, this evaluation is also intended to uncover previous cases of fraud, waste or abuse of the Medicaid/CHIP Program. Disqualifying crimes include crimes from murder to sexual assault, assault on a person 60 years or older, burglary, embezzlement, abuse, neglect or exploitation of adults with severe impairments and exploitation of elders. It includes pleas of nolo contendere. Personal care aides must complete the background check prior to, or within one week of employment. The same disqualifying crimes apply to this group. This Article also increases, by 3%, the Medicare and Medicaid rate reimbursement to nursing facilities. This change is reported to cost $3.8 million in general revenue. The last change comes in the Rite Start and Rite Tract programs. The following explanation comes from the House Fiscal report. “The section authorizes the Executive Office to apply for federal approval to use Medicaid funds to cover benefits to resident children whose family income is at or below 250 percent of poverty, regardless of immigration status. If federal funds are not allowable, the program will be funded entirely from general revenues. The budget adds $1.3 million from general revenues assuming an October 1, 2022 start date. The underlying assumptions are that nearly 1,500 children will eventually enroll with about 400 in the first year and full enrollment would cost approximately $7 million annually. The budget also includes $0.7 million from general revenues to make the system changes necessary to implement the program. Under current law, the state offers a limited Medicaid benefit to post-partum women up to 250 percent of poverty for up to 24 months. The program is for individuals who lose their Medicaid coverage after 60 days post-partum if they are not eligible for Medicaid under another eligibility category. For women who do not have qualified immigrant status for Medicaid, but whose birth was paid for by Medicaid because the child is covered, can receive state-only extended family planning benefits for 12 months. This section would expand coverage to both groups. Coverage for the first group, which totals $3.2 million, including $1.4 million from general revenues, is a new state Medicaid option created by the American Rescue Plan Act for women who currently lose Medicaid coverage after 60 days post-partum and will extend the full Medicaid benefit to approximately 1,000 women. The second is for women who do not qualify for Medicaid because of immigration status, but whose birth was paid for by Medicaid because the child is covered. The budget adds $2.0 million, entirely from general revenues, to provide full coverage to about 500 women. The budget also adds $1.4 million, including $0.8 million from general revenues, to make the necessary system changes.” Article 13 – Human Services. Article 13 expands eligibility for cash assistance. When calculating benefit today, the combined value of available resources (minus debts) cannot exceed $1000. This Article proposes to increase the threshold to $5000. In determining benefit amounts today, the Department excludes the first $100 per month of income and 50% of income over $170 per month. Article 13 proposes to exclude the first $300 of income per month and 50% of additional income over $300.The Governor estimated this cost to be $250,000 to be paid with federal dollars. This Article also expands child care assistance to working families with income less than 200% of the poverty level (currently 180%); and provide child care assistance to families with less than 200% of poverty level that are attending a RI public institution of higher learning. The Governor included $4.7 million in ARPA funds for these childcare expansion programs. The following new bills have been filed: Senate Bill No. 2168 Zurier, Valverde, Euer, Sosnowski, AN ACT RELATING TO HEALTH AND SAFETY -- AIR POLLUTION (Prohibits the sale of gasoline-powered leaf blowers in this state after July 1, 2023 and prohibit their use in this state after July 1, 2024. Violations would be punished by a civil fine not to exceed five hundred dollars ($500).) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2168.pdf Senate Bill No. 2184 Calkin, Mendes, Mack, Acosta, Anderson, AN ACT RELATING TO TAXATION (Establishes a surtax on the business corporation tax for publicly traded corporations subject to SEC disclosure and reporting requirements, if corporation's ratio of compensation for its CEO to median worker is equal to or greater than 100 to 1.) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2184.pdf Senate Bill No. 2189 Calkin, Mendes, Mack, Acosta, Anderson, AN ACT RELATING TO HUMAN SERVICES -- HEALTH CARE FOR FAMILIES (Creates the "Medicaid Employer Assessment.") http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2189.pdf Senate Bill No. 2237 Calkin, Mendes, Mack, Acosta, Anderson, Zurier, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- MINIMUM WAGES (Requires employers with 50 or more employees to pay "hazard pay" to employees involved in providing essential services during a declared public health emergency.) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2237.pdf Senate Bill No. 2238 Calkin, Mendes, Mack, Anderson, Zurier, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- MINIMUM WAGES--OVERTIME WAGES (Exempts certain executive, administrative, and professional employees from overtime pay if their weekly wages exceed one thousand thirty-six dollars ($1,036), an increase from the current two hundred dollars ($200).) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2238.pdf Senate Bill No. 2239 Calkin, Mendes, Mack, Acosta, Anderson, Zurier, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- PAYMENT OF WAGES (Defines and recognize the existence and potential liability of lead entities concerning the payment of wages.) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2239.pdf Senate Bill No. 2240 Raptakis, Quezada, Ciccone, Burke, Lombardo, DiMario, Lombardi, Anderson, Murray, Euer, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- MINIMUM WAGES (Increases the minimum hourly wage commencing January 1, 2027, by an amount equal to the total percentage increase in the Consumer Price Index for all Urban Consumers (CPI-U) for the Northeast Region for the calendar year 2025.) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2240.pdf Senate Bill No. 2241 Calkin, Mendes, Mack, Acosta, Bell, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- MINIMUM WAGES (Effective January 1, 2023, increases the minimum hourly wage to fourteen dollars and fifty cents ($14.50) to sixteen dollars and seventy-five cents ($16.75) the next year, the next year to nineteen dollars ($19.00).) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2241.pdf Senate Bill No. 2243 Cano, DiMario, Quezada, Euer, Lawson, Anderson, Seveney, Burke, Kallman, DiPalma, AN ACT RELATING TO LABOR AND 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.) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2243.pdf Senate Bill No. 2246 Kallman, Coyne, Sosnowski, Goodwin, Acosta, Zurier, Mack, Cano, DiPalma, Seveney, AN ACT RELATING TO LABOR AND LABOR RELATIONS - TIP PROTECTION (Prohibits employers from receiving any portion of the tips given by customers to their tipped employees, with limited exceptions for credit card service charges.) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2246.pdf Senate Bill No. 2263 Picard, AN ACT RELATING TO TAXATION -- STATE TAX OFFICIALS (Changes the rate of interest for underpayments of tax to prime rate plus six percent (6%). Also limits the assessment of interest to four (4) calendar years prior to the date on which notice of the delinquent payment is sent.) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2263.pdf Senate Bill No. 2264 Murray, McCaffrey, Ciccone, Pearson, Goodwin, Cano, Seveney, Acosta, Sosnowski, Miller, AN ACT RELATING TO TAXATION -- PERSONAL INCOME TAX (Adds one new income tax bracket for purposes of state income taxation.) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2264.pdf House Bill No. 7374 BY Potter, McGaw, Kislak, Felix, Morales ENTITLED, AN ACT RELATING TO PUBLIC PROPERTY AND WORKS -- ALL-ELECTRIC BUILDING ACT (Provides that no city or town would issue a permit for the construction of new buildings that are not an all-electric building, if the initial application for a permit was submitted after December 31, 2023, unless certain circumstances apply.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7374.pdf House Bill No. 7385 BY McEntee, Cortvriend, Solomon, Caldwell, Craven ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- EMPLOYMENT SECURITY FUND -- GENERAL PROVISIONS (Appropriates federal American Rescue Plan Act funds to the state employment security fund in an amount sufficient to restore the fund to its level immediately prior to the governor's March 9, 2020, emergency declaration.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7385.pdf House Bill No. 7388 BY Amore, Henries, Craven, Caldwell, Batista, Speakman, Donovan ENTITLED, AN ACT RELATING TO HEALTH AND SAFETY - CATASTROPHIC ILLNESS IN CHILDREN RELIEF FUND (Establishes Children's Catastrophic Illness in Children Relief Fund to provide finance assistance to families for medical expenses not covered by state or federal programs or insurance contract.) (Paid for through an assessment on employers) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7388.pdf House Bill No. 7400 Shanley, Carson, Edwards, Ruggiero, Cortvriend, Barros, AN ACT RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS -- RHODE ISLAND DATA TRANSPARENCY AND PRIVACY PROTECTION ACT (Creates the "Rhode Island data Transparency and Privacy Protection Act" to identify information collected by online service providers and commercial websites.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7400.pdf House Bill No. 7440 Alzate, Amore, Williams, Slater, Speakman, Kazarian, Barros, Potter, Diaz, Kislak, AN ACT RELATING TO TAXATION -- PERSONAL INCOME TAX (Adds one new income tax bracket for purposes of state income taxation.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7440.pdf House Bill No. 7444 Cassar, Giraldo, Kislak, Ajello, Shallcross Smith, Alzate, Solomon, Caldwell, Lombardi, Tanzi, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY INSURANCE -- GENERAL PROVISIONS (Increases the taxable wage upon which employees make contributions to the TDI and TCI funds and increases the maximum weeks for temporary caregivers from 4 to 12 weeks.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7444.pdf House Bill No. 7463 Perez, Vella-Wilkinson, Williams, Batista, Lima, Felix, Diaz, Bennett, Solomon, Costantino, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- RHODE ISLAND PARENTAL AND FAMILY MEDICAL LEAVE ACT (Grants unpaid pregnancy leave to all part-time workers, would clarify their access to unpaid sick leave during their pregnancy, and would provide additional protections for pregnant workers who work in the medical field.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7463.pdf This Week at the State House
On Tuesday, February 8th, the Senate Finance Committee is hearing testimony on Article 7 of the Governor’s FY2023 budget. As reported in last week’s UTD, this Article expands the purpose of the electricity energy renewable fee fund to include clean transportation, clean heating and energy storage initiatives. The article allocates $6 million of the fund to the Executive Climate Change Coordinating Council (EC4) for climate-related initiatives. Article 7 also establishes an Electric Vehicle Charging Infrastructure Program within the Office of Energy Resources and the Department of Transportation. It alludes to the use of $22.9 million from the federal Infrastructure and Investment Jobs Act. To date, the state is still waiting for the federal government to release a guidance document to confirm how federal dollars can be used by states and local governments. This guidance may not be forthcoming until late March to early May. All public testimony for this hearing will be virtual. Written testimony can be submitted by emailing it to jplume@rilegislature.gov . You can also provide verbal testimony. To do so go to https://forms.office.com/Pages/ResponsePage.aspx?id=LBHmn1akN0aJ3A8oTO_8ZrrkHo3ATJRAp4ByeeV8cWRUNzY2SE1ZOVFaOU1ZOEY0SkFWMEREWkpZUy4u and fill out the form by Monday 4:00 p.m. On Wednesday, February 9th, the House Corporations Committee will take testimony on two bills that may be of interest to Chamber members. H.7016, An Act Relating to Insurance – Covid-19 Pandemic Insurance Recovery, allows businesses (with less than 100 full-time employees) that had an insurance policy in place for business interruption as of March 9, 2020, to recover from their insurance companies for a Covid-19 business impact. The bill can be viewed at http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7016.pdf H. Resolution 7156, creates a 5 member commission to study to the manner in which health insurance, disability insurance, unemployment insurance, retirement plans and other traditional employer provided benefits are accorded to Uber and LYFT drivers, self-employed individuals, and other individuals engaged in providing services to the public. The resolution can be viewed at http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7156.pdf Written testimony can be submitted to HouseCorporations@rilegislature.gov until 1:30 p.m on Wednesday. Please indicate your name, bill number, and position (for/against/neutral) at the top of the message. To testify virtually, complete the form found at https://forms.office.com/pages/responsepage.aspx?id=LBHmn1akN0aJ3A8oTO_8ZnMUMrI1W6lGqP5le-GGa29UNVgwQTZGUjQ4Q043MU1BTzRCVUVVNlAwUS4u by 4:00 p.m. Tuesday, February 8th. To testify in person, go to House Lounge at the State House just prior to the 4:30 p.m. start time. What’s in the Governor’s Budget Article 2 – State Funds. This Article establishes the “Hospital Conversion Monitoring Account” to fund monitoring activities associated with hospital conversions. It also increases the fee on telecommunication bills to allow for an addition $20,000 to go to the Rhode Island Commission on the Deaf and Hard of Hearing for emergency and public communication access programs. The Article creates two restricted receipt accounts within the Department of Health and Human Services to handle the ARP funds for home and community-based services; and creates an account for the recent Opioid Settlement dollars that will be coming to the state. Article 3 – Government Reform. This Article begins by eliminating the current $1 fee for duplicate caterer licenses. It gives municipalities the ability to tax, regulate or outright prohibit establishments with three or more billiard tables within the municipality. Under current law, municipalities have the same jurisdiction over bowling alleys. Article 3 repeals the requirement for municipalities to inspect and stamp hide and leather goods. The Article provides an administrative penalty to be assessed against any constable that fails to comply with state law. That penalty is $1000 per violation. And finally, the Article allows the paint stewardship program organization to maintain a reserve fund up to 50% of the total cost to run the program during the previous year, subject to the approval of the Department of Environmental Management. Article 4 – Debt Management. This very short Article provides $13 million to the University of RI for a facilities service upgrade project and $15.45 million to the University for utility infrastructure upgrades (steam, water sanitary and electric support). Article 5 – Capital Development. Article 5 outlines bond referendum questions to go before the voters on November 7, 2022. The three following items are included in the Governor’s proposal:
The following new bills have been filed: House Bill No. 7231 Place, Roberts, 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/BillText22/HouseText22/H7231.pdf House Bill No. 7250 Kazarian, Alzate, Kislak, Amore, AN ACT RELATING TO ALCOHOLIC BEVERAGES -- MANUFACTURING AND WHOLESALE LICENSES (Allows manufacturer-wineries to sell up to three (3) drinks of wine for on-site consumption or three (3) bottles of wine for off-site consumption or three (3) bottles of wine for off-site consumption.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7250.pdf House Bill No. 7277 Ruggiero, Bennett, Handy, Potter, Hull, Diaz, Kazarian, Speakman, Carson, Donovan, AN ACT RELATING TO PUBLIC UTILITIES AND CARRIERS-RENEWABLE ENERGY (Increases the percentage of retail electricity sales from renewable energy sources.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7277.pdf House Bill No. 7278 Cortvriend, Ruggiero, Bennett, Kislak, Edwards, Carson, Speakman, Knight, Fogarty, Potter, AN ACT RELATING TO PUBLIC PROPERTY AND WORKS -- THE GREEN BUILDINGS ACT (Expands definition of public buildings under Green Building Act to include buildings in any subdivision of state, and include private major facility projects; mandates public reports for all such projects.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7278.pdf House Bill No. 7279 Bennett, Cortvriend, Carson, Fogarty, McEntee, Speakman, Phillips, Ruggiero, Casimiro, Williams, AN ACT RELATING TO HEALTH AND SAFETY -- EXTENDED PRODUCER RESPONSIBILITY FOR PACKAGING (Creates the producer responsibility program requiring producers to make necessary changes to product design(s) to reduce packaging consumption and waste and assess fees based on the packaging.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7279.pdf House Bill No. 7298 Noret, Casimiro, Solomon, Kazarian, AN ACT RELATING TO INSURANCE -- ACCIDENT AND SICKNESS INSURANCE POLICIES (Requires that all COVID-19 testing, inclusive of rapid antigen testing and/or PCR testing are covered by insurance regardless of whether such testing is ordered by a doctor.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7298.pdf House Bill No. 7337 McEntee, Cortvriend, Caldwell, Slater, Carson, Phillips, AN ACT RELATING TO TAXATION - BUSINESS CORPORATION TAX (Suspends interest and penalty payments due from a taxpayer with less than one hundred (100) employees as a result of an audit conducted during a COVID emergency declaration and continuing until one year after the emergency declaration is lifted.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7337.pdf House Bill No. 7348 Felix, Cassar, Morales, Kazarian, Kislak, Potter, Alzate, McNamara, Casimiro, Williams, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- MINIMUM WAGES (Commencing 1/1/23, gradually increases the minimum wage for employees receiving gratuities from the current ($3.89) to ($14.95) by 1/1/2027 and on 1/1/2028 the minimum wage shall be no less than the minimum wage established by the minimum wage law.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7348.pdf House Bill No. 7362 Quattrocchi, Roberts, Nardone, Filippi, Price, AN ACT RELATING TO HOLIDAYS AND DAYS OF SPECIAL OBSERVANCE WORK ON HOLIDAYS AND SUNDAYS - GENERAL ELECTION DAY (Adds general election days to the list of holidays, in order to allow registered voters to cast their votes.) http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7362.pdf Senate Bill No. 2153 Gallo, AN ACT RELATING TO ALCOHOLIC BEVERAGES -- MANUFACTURING AND WHOLESALE LICENSES -- RETAIL LICENSES (Repeals 3/1/22 sunset provision allowing Class B/brew pub licensees to sell wine/beer/mixed drinks with food takeout orders only.) http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2153.pdf |
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