2012 -- H 7564

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LC01624

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF LABOR

AND TRAINING

     Introduced By: Representatives Ucci, Walsh, Fellela, Carnevale, and O`Neill

     Date Introduced: February 15, 2012

     Referred To: House Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 42-16.1-2 of the General Laws in Chapter 42-16.1 entitled

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"Department of Labor and Training" is hereby amended to read as follows:

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     42-16.1-2. Functions of director. -- The director of labor and training shall:

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      (1) Have all the powers and duties formerly vested by law in the director of labor with

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regard to factory inspectors and steam boiler inspectors, and such other duties as may be by law

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conferred upon the department;

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      (2) Administer the labor laws of this state concerning women and children and be

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responsible for satisfactory working conditions of women and children employed in industry in

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this state by a division in the department which shall be known as the division of labor standards;

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      (3) Administer the act relating to state wage payment and wage collection;

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      (4) Have all of the powers and duties formerly vested in the director of the department of

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labor and administer those responsibilities set forth in chapters 29 -- 38, inclusive, of title 28;

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      (5) Have all the powers and duties formerly vested by law in the director of employment

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and training and administer those responsibilities set forth in chapters 39 -- 44, inclusive, of title

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28 and chapter 102 of title 42.

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     (6) Provide to other requesting state departments or agencies any labor-related

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information, records or documents, concerning employee misclassification, they deem necessary

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in order to investigate suspected violations and/or enforce compliance with applicable law subject

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to their jurisdiction, even if deemed confidential under applicable law, provided that

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confidentiality of such materials shall be maintained by all state department to which the

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materials are released and no such information shall be publicly disclosed, except to the extent

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necessary to adjudicate a violation of applicable law.

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     SECTION 2. Section 44-1-2 of the General Laws in Chapter 44-1 entitled "State Tax

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Officials" is hereby amended to read as follows:

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     44-1-2. Powers and duties of tax administrator. -- The tax administrator is required:

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      (1) To assess and collect all taxes previously assessed by the division of state taxation in

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the department of revenue and regulation, including the franchise tax on domestic corporations,

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corporate excess tax, tax upon gross earnings of public service corporations, tax upon interest

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bearing deposits in national banks, the inheritance tax, tax on gasoline and motor fuels, and tax on

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the manufacture of alcoholic beverages;

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      (2) To assess and collect the taxes upon banks and insurance companies previously

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administered by the division of banking and insurance in the department of revenue and

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regulation, including the tax on foreign and domestic insurance companies, tax on foreign

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building and loan associations, deposit tax on savings banks, and deposit tax on trust companies;

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      (3) To assess and collect the tax on pari-mutuel or auction mutuel betting, previously

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administered by the division of horse racing in the department of revenue and regulation.

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      (4) [Deleted by P.L. 2006, ch. 246, art. 38, section 10_.

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      (5) To assess and collect the monthly surcharges that are collected by telecommunication

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services providers pursuant to section 39-21.1-14 and are remitted to the division of taxation.

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      (6) To audit, assess and collect all unclaimed intangible and tangible property pursuant

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to chapter 21.1 of title 33.

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     (7) To provide to other requesting state departments or agencies any tax information,

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records or documents they deem necessary in order to investigate suspected misclassification

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violations and/or enforce compliance with applicable law subject to their jurisdiction, even if

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deemed confidential under applicable law; provided, that confidentiality of such materials shall

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be maintained by all state department to which the materials are released and no such information

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shall be publicly disclosed, except to the extent necessary to adjudicate a violation of applicable

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law.

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     SECTION 3. This act shall take effect upon passage.

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LC01624

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF LABOR

AND TRAINING

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     This act would require the disclosure by state agencies of certain labor-related

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information necessary to investigate certain violations pursuant to this chapter.

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     This act would take effect upon passage.

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LC01624

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