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Voice of Rhode Island's Lodging,   Restaurant, and Tourism Industry
February 10, 2010
Terry Martiesian
Terry Martiesian

Lenette Boiselle
Lenette Boisselle

dale headshot
Dale Venturini
RI Hospitality Association

P
: 401-223-1120
F: 401-223-1123 www.rihospitality.org
Carcieri Offers Tax Credit To Create 5,000 New Jobs
By: Cynthia Needham
Providence Journal
 
Pledging to create 5,000 new jobs and help business owners pinched by the recession, Governor Carcieri introduced a targeted small-business tax credit as part of his budget proposal Tuesday.
 
The deal would give employers a $2,000 tax credit for each new full-time worker hired between July 1, 2010, and Dec. 31, 2011. The tax credit would apply for the year the hiring takes place. Read Full Article»
 
State Legislation
 
Airline Passengers' Rights Legislation
 
H7028 - RESOLUTION - Urging the United States Congress to Authorize Airline Passengers' Rights Legislation
 
Airports and Landing Fields
 
H7234 - This act would require the Rhode Island Airport Corporation to appropriate five million dollars ($5,000,000) to the city of Warwick annually with a three percent (3%) increase annually. 
 
Alcohol
 
H7009 - This act would allow the holder of a Class C wholesalers liquor license to sell alcoholic beverages directly to bakeries to be used for cooking or baking purposes only if those bakeries use a minimum of one thousand (1,000) gallons of alcohol each year.
 
H7049 - This act would authorize the city of Providence to create a class TO liquor license to a take out restaurant, located in Plat Book 68, Lot 732, within two hundred feet (200') of a place of public worship.
 
H7132 - This act would allow the promotion of incentive programs or discounts for alcoholic beverages for any person sixty-five (65) years of age or older, active duty members of the armed forces of the United States, and members of the National Guard or Reserves.
 
H7197 - This act would establish the wine direct shipper license, a new license to be issued by the department of business regulation. This license would also authorize certain persons to ship cases of wine directly to a person for personal use and not for resale. The holder of the wine direct shipper license would further be subject to rules and regulations promulgated by the division of taxation.
 
H7204 - This act would allow the Town of Johnston to retain all fines collected as a result of violation of its alcoholic beverages ordinances to be dedicated to the Johnston Substance Abuse Prevention Coalition.
 
H7215 - This act would authorize the town of Barrington to issue Class A alcoholic beverage licenses if approved by the electors.
 
H7329 - This act would allow for the sale and shipment of intoxicating beverages to a Rhode Island resident who does not hold a valid wholesaler license provided that the recipient belongs to groups which are known as "Beer or Wine of the Month Clubs". 
 
H7350 - This act would establish the motor vehicle offenses of furnishing or procuring alcoholic beverages and/or controlled substances to underage persons resulting in death or serious bodily injury.
 
H7352 - This act would require that employees required to complete the Alcohol Server training regulations testing procedures must do so prior to employment in the city of Pawtucket.
 
H7384 - This act would eliminate the procedures used by liquor license holders to record the purchase of alcoholic beverages by persons suspected of being underage.
 
H7423 - This act would make it illegal or unlawful for any person to purchase alcohol or sell alcohol to minors with certain exceptions.
 
H7404 - This act would eliminate under-age nights at nightclubs where alcoholic beverages are served.
 
S2029 - This act would permit the direct shipping of wine to consumers under the direction of the department of business regulations.
 
S2099 - This act would allow the Town of Johnston to retain all fines collected as a result of violation of its alcoholic beverages ordinances to be dedicated to the Johnston Substance Abuse Prevention Coalition.
 
Alternative Flat Tax
 
H7134 - This act would set the alternative minimum tax rate at 7 percent.
 
H7137 - This act would eliminate the flat tax.
 
Business Corporation Tax
 
H7203 - This act would reduce the corporate minimum tax from five hundred dollars ($500) to two hundred fifty dollars ($250).
 
Casino
 
H7084 - This act would repeal the Rhode Island Gaming Control and Revenue Act. Therefore, it would include "casino gambling in the provision of the general laws regulating gambling.
 
H7338 - RESOLUTION - To approve and publish and submit to the electors a proposition of amenments to the Constitution of the state (casino gambling at Newport Grand and Twin River)
 
Caterers Liquor License (RIHA Bill)
 
H7333 - This act would allow a Class P licensee who also holds a Class B license to purchase alcoholic beverages at wholesale.
 
S2176 - This act would allow a Class P licensee who also holds a Class B license to purchase alcoholic beverages at wholesale.
 
Criminal Record
 
S2211 - This act would prohibit an employer from refusing to hire a person based solely on the existence of a criminal record, with some exceptions, or for a governmental agency from denying an individual a license to work in a particular trade or business based solely on that individual having a criminal record, with certain exceptions.
 
Disability Insurance
 
H7023 - This act would prevent injured in the line of duty personnel who receive full pay and benefits for their work related disability from simultaneously receiving temporary disability insurance benefits. However, if they are also unable to perform the duties of their second job, they would still be eligible to receive temporary disability insurance benefits if they are available through that job.
 
Economic Development
 
H7272 - This act would establish within the economic development corporation an expanded program to assist Rhode Island companies to secure new business with federal, state and local governments.
 
H7430 - This act would create a small business revolving loan and credit enhancement fund to be administered by the Rhode Island economic development corporation to help Rhode Island employers with one hundred (100) or fewer employees.
 
S2213 - This act would require all board members of the Rhode Island airport corporation to be appointed by the governor with the advice and consent of the senate. This act would take effect upon passage and all members of the board of directors of the Rhode Island airport corporation serving as of the effective date of this act would serve for the unexpired portion of their respective term of office and would be subject to the advice and consent of the senate only if nominated for a successive term.
 
Education
 
H7208 - This act would remove the limit of twenty (20) charter schools and require at least one-half of the total number of charter public schools in the state to be reserved for charter school applications that are designed to increase the educational opportunities for at-risk pupils.
 
H7415 - This act would require mayoral academies to use a random selection process to select those students who would be invited to attend the mayoral academy.
 
Estate Tax
 
S2115 - This act would increase the estate tax exemption to $1,000,000 effective on January 1, 2011 and to $2,000,000 effective January 1, 2012, with the exemption being permanently phased out beginning January 1, 2013.
 
E-Verify Program 
 
H7427 - RESOLUTION - Opposing the E-Verify program and urging the United States Congress to halt its implementation.
 
Fire Safety
 
H7114 - This act would make it illegal to fail to evacuate a building when an alarm is activated, or to tamper with, or access an alarm by anyone other than a licensed individual. This act would assess fines for these violations.
 
H7198 - This act would reduce from ninety (90) days to fifteen (15) days the time within which building plans must be approved or disapproved by the appropriate authority.
 
Flat Tax 
 
H7032 - This act would repeal the alternative flat tax rate for personal income taxpayers.
 
H7077 - This act would set the alternative minimum tax rate at 7 percent.
 
H7308 - This act would repeal the alternative flat tax rate for state taxpayers.
 
Gift Certificates
 
S2108 - This act would provide that no service or maintenance fees may be charged on gift cards and certificates less that two (2) years old, and would eliminate certain exceptions in the existing statute.
 
Greyhound Racing
 
S2101 - This act would change a number of provisions and definitions relative to dog racing effectively ending live dog racing but permitting existing facilities to offer simulcast races.
 
Health and Safety
 
H7407 - This act would create the Green Economy Roundtable charged with identifying various opportunities associated with the green economy. 
 
S2128 - This act would require that in order for a minor to receive a tattoo or body piercing it is necessary to obtain the written consent of both parents. Furthermore, in the case of divorced parents or unmarried parents, the custodial parent would be required to give written consent to the tattooing and/or body piercing.
 
Hotel Tax Distribution
 
S2110 - This act would increase from twenty-five percent (25%) to thirty-two percent (32%) the share of hotel tax given to a city or town where the hotel is located and would eliminate the seven percent (7%) distribution to the Greater Providence-Warwick Convention and Visitors' Bureau.
 
Immigration Status
 
S2151 - This act would prohibit a landlord from asking the immigration status of a prospective tenant.
 
Labor and Labor Relations
 
S2234 - This act would expand the types of buildings which would be exempt from the state mandated requirements of boiler and pressure system inspections, based on the size of the water heater.
 
Lottery
 
H7076 - This act would direct the state lottery division to conduct an instant game known as the "Scratch-A-Tick Game" during the fiscal year ending June 30, 2011. The lesser amount of either the net revenue from the first three (3) months of the running of said game or two hundred thousand dollars ($200,000) shall be deposited in a restricted revenue account to be used by the University of Rhode Island for Vector-Borne Disease and Tick Encounter Resource Center to help support statewide tick-bite protection and Lyme disease prevention research and outreach.
 
Minimum Wages
 
S2038 - This act would adjust the minimum wage annually using the consumer price index and require the department of labor and training to notify all Rhode Island employers of any minimum wage increase by certified mail at least forty-five (45) days before its effective date.
 
Mobile Telephone Use
 
H7031 - This act would make unlawful the use of a non-hands-free mobile telephone while operating a motor vehicle except for public safety personnel.
 
Personal Income Tax
 
H7107 - This act would increase the deduction from the state income tax for contributions to the tuition savings program from $500 to $1,000 for an individual and from $1,000 to $2,000 for a joint return.
 
H7138 - This act would limit election of the alternative flat tax rate to taxpayers who are residents of the State of Rhode Island.
 
H7173 - This act would require employers to provide employees with bi-lingual notices regarding the existence of the federal earned income tax credit and volunteer income tax assistance providers.
 
S2191 -  This act would eliminate the personal income tax alternative tax rate after tax year 2009.
 
Programs for Fire Departments
 
H7110 - This act would amend the process by which fire departments implement the requirements of NFPA 1500. The act would also amend the composition of the NFPA (National Fire Protection Association) 1500 Implementation Plan Review Committee.
 
Public Utilities and Carriers -- Regulatory Powers of Admin
 
H7160 - This act would transfer the costs associated with fire hydrants from property taxpayers to ratepayers by allowing municipalities that pass an appropriate ordinance to avoid payment of hydrant rental fees.
 
RI Economic Development Corp.
 
H7066 - This act would require the Rhode Island economic development corporation to establish economic development offices in various world capitals.
 
RI Public Transit Authority
 
H7108 - This act would require that effective July 1, 2010, the general assembly would annually appropriate a sum for the financial support of RIPTA from the general fund.
 
RI Turnpike and Bridge Authority
 
H7081 - This act would prohibit the Rhode Island Turnpike and Bridge Authority from charging tolls on the Mount Hope Bridge.
 
Sales
 
H7170 - This act would provide that distributors who make an express warranty pursuant to a consumer sale, and who designate a representative to provide sales and services under the express warranty, would be liable to the representative in an amount equal to that which is charged by the representative for service and repairs rendered to consumers who aren't entitled to warranty protection.
 
Sales Tax
 
H7140 - This act would lower the sales tax rate to four percent (4%) and reduce the items exempt from the tax.

 
Small Claims & Consumer Claims
 
H7042 - This act would increase the jurisdiction of matters in small claims court from two thousand five hundred dollars ($2,500) to five thousand ($5,000) and would allow for future increases based upon the consumer price index (CPI) at that time.
 
Smoking Bar
 
S2204 - This act would provide that no smoking bar would be permitted in any building wherein people reside.
 
Solicitation by Charitable Organizations
 
H7255 - This act would require that any business that sells for profit an item that benefits a charity to be classified as a commercial co-venturer which shall register with the department of business regulation, file financial documents outlining the program and post a $10,000 bond. The business must also report, among other things, how much gross revenue the program generated and the amounts paid to the charity.
 
SS# Protection
 
S2224 - This act would create the Social Security Number Privacy Act, and would provide guidelines and penalties for violations thereof.
 
State Affairs and Government
 
H7201 - This act would establish the Green Jobs-Green Rhode Island Program, the purpose of which would be to create and promote green jobs in Rhode Island and also to promote energy efficient construction and home modification. The program would be overseen by the office of energy resources.
 
Tax Credit
 
H7335 - This act would eliminate the tax credit caps on residential renewable energy systems.
 
Taxation
 
H7136 - This act would require business tax credit recipients to provide the state with financial business records to document any benefit to the state from the issuance of the tax credit.
 
Taxes - Credit for Hiring
 
H7431 - This act would provide a tax credit for small businesses that add new employees.
 
Taxes - Estate and Transfer
 
H7429 - This act would provide that real property held by small businesses (as defined by the United States Small Business Administration) for at least five (5) years prior to an exchange would be appraised at its use value rather than full and fair cash value, and that said properties must remain in the small business for five (5) more years or be assessed a tax at the full and fair cash value at the time of exchange.

 
Taxes - Lessed Motor Vehicles 
 
S2198 - This act would prohibit the lessor of a leased motor vehicle from charging a lessee any sales or use tax on that portion of lease payment that is comprised of taxes payable by the lessor on the leased motor vehicle.

 
Taxes - Soft Drink Tax
 
H7368 - This act would impose a tax on the purchase of soft drinks.
 
S2199 - This act would impose a tax on the purchase of soft drinks.
Tobacco
 
H7012 -This act would prohibit the granting of a license under chapter 44-20, the "Cigarette Tax," to applicants who are licensed as a health care facility and/or in certain instances, as a pharmacy.
 
H7153 - This act would provide that no smoking bar would be permitted in any building wherein people reside.
 
H7238 - This act would clarify that a little cigar is not a cigarette for purposes of taxation, and would include all such items not defined as a cigarette, provided that the tobacco leaf roll, made in whole or in part to make that little cigar, is less than 3.5 pounds per thousand.
 
H7310 - This act would expand the definition of "Distributor" for purposes of the state cigarette tax laws by permitting holders of a Class B distributor license on July 1, 2007 to retain this license until May 31, 2010.
 
S2066 - This act would increase the age prohibition of sales of tobacco products from eighteen (18) to twenty one (21) years of age.
 
S2201 - This act would prohibit the granting of a license under this chapter to any applicant as a health care facility under chapter 17 of title 23.

 
Underground Economy Commission
 
H7092 - This act would comprehensively address the problem of employee misclassification. Specifically, it would clarify the definition of employee in the workers' compensation and unemployment benefits context. It would permit the sharing of information by and between state departments to encourage enforcement. In addition, it would expand the tools which detect and limit the misclassification of employees. Education of the labor and business communities on the problem and its ramifications is mandated. Finally, it would require registration with the department of labor and training of all independent contractors and the entities that hire them.
 
Wages - Overtime
 
H7048 - This act would require employers that pay their delivery drivers or sales merchandisers an overtime rate of compensation for all hours worked in excess of forty (40) hours in any one week and would prohibit them from using the fluctuating workweek method to calculate the overtime.
 
H7323 - This act would require employers pay their delivery drivers or sales merchandisers an overtime rate of compensation for all hours worked in excess of forty (40) hours in any one week and would prohibit them from using the fluctuating workweek method to calculate the overtime.
 
S2037 - This act would require employers pay their delivery drivers or sales merchandisers an overtime rate of compensation for all hours worked in excess of forty (40) hours in any one week and would prohibit them from using the fluctuating workweek method to calculate the overtime.
 
Work - Sharing Benefits
 
H7325 - This act would expand the definition of "eligible employer" in the job sharing contract for the purpose of unemployment security benefits by deleting the word "private", to make applicable to state and local governments.
 
Workers Comp
 
H7290 - This act would prevent a petition being filed during the pendency of a non-prejudicial memorandum of agreement, or up until the notification that payments have been terminated.
 
H7291 - This act would provide that neither party filing a petition to show a recurrence or decrease of incapacity, be required to document a comparative change of condition.
 
H7292 - This act would provide that a reduction in a workers' weekly compensation shall not be delayed for more than ninety (90) days after maximum medical improvement has been found.
 
H7293 -This act would provide an employer or insurer with notice and opportunity to accept a workers' compensation claim.
 
H7294 - This act would expand the obligation of an employee receiving workers' compensation to report earnings of all types and to increase the penalty accordingly for failure to do so.
 
H7295 - This act would require workers who claim disfigurement as a result of a work related incident to wait one year from the disfiguring event before filing a petition for disfigurement benefits. 
 
H7296 - This act would establish the E-Verify compliance chapter. It would also require all non-governmental employers within the state with three (3) or more employees to apply to participate in the E-Verify program and to participate if accepted.
 
H7297 - This act would change the rates charged to employers for workers' compensation.
H7395 - This act would make changes in the medical review procedure for claimants receiving workers' compensation benefits.
 
S2162 - This act would provide an employer or insurer with notice and opportunity to accept a workers' compensation claim.
 
S2163 - This act would prevent a petition being filed during the pendency of a non-prejudicial memorandum of agreement, or up until the notification that payments have been terminated.
 
S2166 - This act would provide that neither party filing a petition to show a recurrence or decrease of incapacity, be required to document a comparative change of condition.
S2168 - This act would provide that any workers' compensation case resulting in partial incapacity shall not have any reduction in benefits delayed more than ninety (90) days after maximum medical improvement has been found.
 
S2169 -  This act would provide that no petition for workers compensation benefits for permanent disfigurement injuries be filed until one year has passed from the date of the disfiguring event.
 
S2232 - This act would expand the obligation of an employee receiving workers' compensation to report earnings of all types and to increase the penalty accordingly for failure to do so.
 
Workers Protection
 
S2233 - This act would create the "Rhode Island Worker Protection and Job Loss Notification Act" which would require an employer to give certain notifications to employees in businesses with at least seventy-five (75) employees, operating for more than three (3) years, where at least one-third (1/3) of the workforce would be subject to a mass layoff or temporary suspension of work. This act would also create a response team within the department of labor and training to provide employment counseling to the employees, and work with the employer in an attempt to avoid the loss of jobs.
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