Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0382 Compare Versions

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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO LABOR AND LABOR RELATIONS -- THE COMMUTER
1616 TRANSPORTATION BENEF ITS ACT
1717 Introduced By: Senators Bissaillon, Gu, Britto, DiPalma, Kallman, McKenney, Lawson,
1818 Burke, Vargas, and Bell
1919 Date Introduced: February 26, 2025
2020 Referred To: Senate Commerce
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2323 It is enacted by the General Assembly as follows:
2424 SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR RELATIONS" 1
2525 is hereby amended by adding thereto the following chapter: 2
2626 CHAPTER 61 3
2727 THE COMMUTER TRANSPORTATION BENEFITS ACT 4
2828 28-61-1. Short title. 5
2929 This chapter shall be known and may be cited as the "Commuter Transportation Benefits 6
3030 Act." 7
3131 28-61-2. Definitions. 8
3232 As used in this chapter: 9
3333 (1) "Covered employer" means an employer with five hundred (500) or more employees 10
3434 assigned, scheduled to work, working or situated at the employer's place of business or work site(s) 11
3535 located within the state. 12
3636 (2) "Director" means the director of the department of labor and training. 13
3737 (3) "Employee" shall have the same meaning as provided in § 28-12-2. 14
3838 (4) "Employer" shall have the same meaning as provided in § 28-12-2. 15
3939 (5) "Pre-tax transportation fringe benefit" means a pre-tax election transportation fringe 16
4040 benefit, that provides commuter highway vehicle and transit benefits, consistent with the provisions 17
4141 and limits of § 132(f)(1) of the Internal Revenue Code of 1986 (26 U.S.C. §132(f)(1)) at the 18
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4545 maximum benefit levels allowable under federal law, to be deducted for those programs from an 1
4646 employee's gross income, pursuant to § 132(f)(2) of the Internal Revenue Code of 1986 (26 U.S.C. 2
4747 § 132(f)(2)). 3
4848 (6) "Transit pass" means a pass for travel by bus or vehicle, operated by the Rhode Island 4
4949 public transit authority (RIPTA). 5
5050 28-61-3. Commuter employee transportation benefit. 6
5151 (a) Except as provided in subsection (b) of this section, every covered employer with five 7
5252 hundred (500) or more employees, shall offer employees a pre-tax transportation fringe benefit 8
5353 program, that provides commuter transit benefits consistent with § 132(f)(1) of the Internal 9
5454 Revenue Code of 1986 (26 U.S.C. § 132(f)(1)) at the maximum benefit levels allowable under 10
5555 federal law, to be deducted from an employee's gross income, pursuant to § 132(f)(2) of the Internal 11
5656 Revenue Code of 1986 (26 U.S.C. § 132(f)(2)). 12
5757 (b) Subsection (a) of this section shall not apply to: 13
5858 (1) The government of the United States; 14
5959 (2) The State of Rhode Island including any office, department, agency, authority, 15
6060 institution, association, society or other body of the state; 16
6161 (3) Any local government or entity; 17
6262 (4) Any group of employees covered by a collective bargaining agreement in effect on 18
6363 January 1, 2026, until the expiration of the collective bargaining agreement; or 19
6464 (5) Any employer who has demonstrated to the satisfaction of the director that the offering 20
6565 of such benefits would result in a severe financial hardship for the employer. 21
6666 28-61-4. Rules and regulations. 22
6767 The director shall promulgate rules and regulations as he or she deems necessary to 23
6868 effectuate the provisions of this chapter. 24
6969 28-61-5. Civil penalty. 25
7070 Any employer found to be in violation of the provisions of this chapter shall be liable for 26
7171 a civil penalty of not less than one hundred dollars ($100) and not more than two hundred fifty 27
7272 dollars ($250) for a first violation. An employer shall have ninety (90) days to offer a pre-tax 28
7373 transportation fringe benefit, before the civil penalty is imposed. After ninety (90) days, each 29
7474 additional thirty (30) day period in which an employer fails to comply with the provisions of this 30
7575 chapter, shall constitute a subsequent violation and a civil penalty of two hundred fifty dollars 31
7676 ($250) shall be imposed for each subsequent violation. No civil penalty shall be imposed on any 32
7777 single employer, more than once in any thirty (30) day period. 33
7878 28-61-6. Public awareness campaign. 34
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8282 The department of transportation, in conjunction with the department of labor and training, 1
8383 shall conduct a public awareness campaign, encouraging the public to contact employers about 2
8484 commuter transportation benefits. 3
8585 SECTION 2. This act shall take effect on January 1, 2026. 4
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9292 EXPLANATION
9393 BY THE LEGISLATIVE COUNCIL
9494 OF
9595 A N A C T
9696 RELATING TO LABOR AND LABOR RELATIONS -- THE COMMUTER
9797 TRANSPORTATION BENEF ITS ACT
9898 ***
9999 This act would establish the commuter transportation benefit chapter. Employers with five 1
100100 hundred (500) or more employees would be required to establish a pre-tax commuter transportation 2
101101 fringe benefit program. 3
102102 This act would take effect on January 1, 2026. 4
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