2012 -- S 3039

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LC02786

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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: Senator Donna M. Nesselbush

     Date Introduced: June 05, 2012

     Referred To: Senate 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 the department of administration any information, records or documents

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they certify as necessary to investigate suspected misclassification of employee status, wage and

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hour violations, or prevailing wage violations subject to their jurisdiction, even if deemed

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confidential under applicable law, provided that the confidentiality of such materials shall be

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maintained, to the extent required of the releasing department by any federal or state law or

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regulation, by all state departments to which the materials are released and no such information

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shall be publicly disclosed, except to the extent necessary for the requesting department or agency

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to adjudicate a violation of applicable law. The certification must include a representation that

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there is probable cause to believe that a violation has occurred. State departments sharing this

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information or materials may enter into written agreements via memorandums of understanding

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to ensure the safeguarding of such released information or materials.

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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 the department of labor and training any state tax information, state

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records or state documents they or the requesting agency certify as necessary to assist the agency

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in efforts to investigate suspected misclassification of employee status, wage and hour violations,

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or prevailing wage violations subject to the agency's jurisdiction, even if deemed confidential

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under applicable law, provided that the confidentiality of such materials shall be maintained, to

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the extent required of the releasing department by any federal or state law or regulation, by all

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state departments to which the materials are released and no such information shall be publicly

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disclosed, except to the extent necessary for the requesting department or agency to adjudicate a

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violation of applicable law. The certification must include a representation that there is probable

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cause to believe that a violation has occurred. State departments sharing this information or

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materials may enter into written agreements via memorandums of understanding to ensure the

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safeguarding of such released information or materials.

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     SECTION 3. This act shall take effect upon passage.

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LC02786

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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 labor-related information

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necessary to investigate certain violations pursuant to this chapter.

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     This act would take effect upon passage.

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LC02786

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