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5 | 5 | | 2025 -- S 0382 |
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6 | 6 | | ======== |
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7 | 7 | | LC001770 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO LABOR AND LABOR RELATIONS -- THE COMMUTER |
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16 | 16 | | TRANSPORTATION BENEF ITS ACT |
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17 | 17 | | Introduced By: Senators Bissaillon, Gu, Britto, DiPalma, Kallman, McKenney, Lawson, |
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18 | 18 | | Burke, Vargas, and Bell |
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19 | 19 | | Date Introduced: February 26, 2025 |
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20 | 20 | | Referred To: Senate Commerce |
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21 | 21 | | |
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22 | 22 | | |
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23 | 23 | | It is enacted by the General Assembly as follows: |
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24 | 24 | | SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR RELATIONS" 1 |
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25 | 25 | | is hereby amended by adding thereto the following chapter: 2 |
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26 | 26 | | CHAPTER 61 3 |
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27 | 27 | | THE COMMUTER TRANSPORTATION BENEFITS ACT 4 |
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28 | 28 | | 28-61-1. Short title. 5 |
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29 | 29 | | This chapter shall be known and may be cited as the "Commuter Transportation Benefits 6 |
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30 | 30 | | Act." 7 |
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31 | 31 | | 28-61-2. Definitions. 8 |
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32 | 32 | | As used in this chapter: 9 |
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33 | 33 | | (1) "Covered employer" means an employer with five hundred (500) or more employees 10 |
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34 | 34 | | assigned, scheduled to work, working or situated at the employer's place of business or work site(s) 11 |
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35 | 35 | | located within the state. 12 |
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36 | 36 | | (2) "Director" means the director of the department of labor and training. 13 |
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37 | 37 | | (3) "Employee" shall have the same meaning as provided in § 28-12-2. 14 |
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38 | 38 | | (4) "Employer" shall have the same meaning as provided in § 28-12-2. 15 |
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39 | 39 | | (5) "Pre-tax transportation fringe benefit" means a pre-tax election transportation fringe 16 |
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40 | 40 | | benefit, that provides commuter highway vehicle and transit benefits, consistent with the provisions 17 |
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41 | 41 | | 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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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC001770 - Page 2 of 4 |
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45 | 45 | | maximum benefit levels allowable under federal law, to be deducted for those programs from an 1 |
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46 | 46 | | employee's gross income, pursuant to § 132(f)(2) of the Internal Revenue Code of 1986 (26 U.S.C. 2 |
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47 | 47 | | § 132(f)(2)). 3 |
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48 | 48 | | (6) "Transit pass" means a pass for travel by bus or vehicle, operated by the Rhode Island 4 |
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49 | 49 | | public transit authority (RIPTA). 5 |
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50 | 50 | | 28-61-3. Commuter employee transportation benefit. 6 |
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51 | 51 | | (a) Except as provided in subsection (b) of this section, every covered employer with five 7 |
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52 | 52 | | hundred (500) or more employees, shall offer employees a pre-tax transportation fringe benefit 8 |
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53 | 53 | | program, that provides commuter transit benefits consistent with § 132(f)(1) of the Internal 9 |
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54 | 54 | | Revenue Code of 1986 (26 U.S.C. § 132(f)(1)) at the maximum benefit levels allowable under 10 |
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55 | 55 | | federal law, to be deducted from an employee's gross income, pursuant to § 132(f)(2) of the Internal 11 |
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56 | 56 | | Revenue Code of 1986 (26 U.S.C. § 132(f)(2)). 12 |
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57 | 57 | | (b) Subsection (a) of this section shall not apply to: 13 |
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58 | 58 | | (1) The government of the United States; 14 |
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59 | 59 | | (2) The State of Rhode Island including any office, department, agency, authority, 15 |
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60 | 60 | | institution, association, society or other body of the state; 16 |
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61 | 61 | | (3) Any local government or entity; 17 |
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62 | 62 | | (4) Any group of employees covered by a collective bargaining agreement in effect on 18 |
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63 | 63 | | January 1, 2026, until the expiration of the collective bargaining agreement; or 19 |
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64 | 64 | | (5) Any employer who has demonstrated to the satisfaction of the director that the offering 20 |
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65 | 65 | | of such benefits would result in a severe financial hardship for the employer. 21 |
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66 | 66 | | 28-61-4. Rules and regulations. 22 |
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67 | 67 | | The director shall promulgate rules and regulations as he or she deems necessary to 23 |
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68 | 68 | | effectuate the provisions of this chapter. 24 |
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69 | 69 | | 28-61-5. Civil penalty. 25 |
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70 | 70 | | Any employer found to be in violation of the provisions of this chapter shall be liable for 26 |
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71 | 71 | | a civil penalty of not less than one hundred dollars ($100) and not more than two hundred fifty 27 |
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72 | 72 | | dollars ($250) for a first violation. An employer shall have ninety (90) days to offer a pre-tax 28 |
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73 | 73 | | transportation fringe benefit, before the civil penalty is imposed. After ninety (90) days, each 29 |
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74 | 74 | | additional thirty (30) day period in which an employer fails to comply with the provisions of this 30 |
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75 | 75 | | chapter, shall constitute a subsequent violation and a civil penalty of two hundred fifty dollars 31 |
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76 | 76 | | ($250) shall be imposed for each subsequent violation. No civil penalty shall be imposed on any 32 |
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77 | 77 | | single employer, more than once in any thirty (30) day period. 33 |
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78 | 78 | | 28-61-6. Public awareness campaign. 34 |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LC001770 - Page 3 of 4 |
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82 | 82 | | The department of transportation, in conjunction with the department of labor and training, 1 |
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83 | 83 | | shall conduct a public awareness campaign, encouraging the public to contact employers about 2 |
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84 | 84 | | commuter transportation benefits. 3 |
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85 | 85 | | SECTION 2. This act shall take effect on January 1, 2026. 4 |
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86 | 86 | | ======== |
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87 | 87 | | LC001770 |
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88 | 88 | | ======== |
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89 | 89 | | |
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90 | 90 | | |
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91 | 91 | | LC001770 - Page 4 of 4 |
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92 | 92 | | EXPLANATION |
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93 | 93 | | BY THE LEGISLATIVE COUNCIL |
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94 | 94 | | OF |
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95 | 95 | | A N A C T |
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96 | 96 | | RELATING TO LABOR AND LABOR RELATIONS -- THE COMMUTER |
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97 | 97 | | TRANSPORTATION BENEF ITS ACT |
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98 | 98 | | *** |
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99 | 99 | | This act would establish the commuter transportation benefit chapter. Employers with five 1 |
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100 | 100 | | hundred (500) or more employees would be required to establish a pre-tax commuter transportation 2 |
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101 | 101 | | fringe benefit program. 3 |
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102 | 102 | | This act would take effect on January 1, 2026. 4 |
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103 | 103 | | ======== |
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104 | 104 | | LC001770 |
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