Chapter 424

2012 -- S 3039

Enacted 06/25/12

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

It is enacted by the General Assembly as follows:

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

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

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

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

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

conferred upon the department;

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

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

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

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

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

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

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

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

28 and chapter 102 of title 42.

(6) Provide to the department of administration any information, records or documents

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

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

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

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

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

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

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

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

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

to ensure the safeguarding of such released information or materials.

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

Officials" is hereby amended to read as follows:

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

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

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

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

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

the manufacture of alcoholic beverages;

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

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

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

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

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

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

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

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

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

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

to chapter 21.1 of title 33.

(7) To provide to the department of labor and training any state tax information, state

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

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

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

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

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

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

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

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

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

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

safeguarding of such released information or materials.

SECTION 3. This act shall take effect upon passage.

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LC02786

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