Chapter 165

2008 -- H 7953 SUBSTITUTE A

Enacted 07/02/08

 

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE DEVELOPMENT SUBSIDY JOB GOALS ACCOUNTABILITY ACT

          

     Introduced By: Representatives Lewiss, Slater, Dennigan, Jackson, and Naughton

     Date Introduced: February 26, 2008

     

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 42-64-10 of the General Laws in Chapter 42-64 entitled "Rhode

Island Economic Development Corporation" is hereby amended to read as follows:

 

     42-64-10. Findings of the corporation. -- (a) Except as specifically provided in this

chapter, the Rhode Island economic development corporation shall not be empowered to

undertake the acquisition, construction, reconstruction, rehabilitation, development, or

improvement of a project, nor enter into a contract for any undertaking or for the financing of this

undertaking, unless it first:

      (1) Finds:

      (i) That the acquisition or construction and operation of the project will prevent,

eliminate, or reduce unemployment or underemployment in the state and will generally benefit

economic development of the state;

      (ii) That adequate provision has been made or will be made for the payment of the cost

of the acquisition, construction, operation, and maintenance and upkeep of the project;

      (iii) That, with respect to real property, the plans and specifications assure adequate

light, air, sanitation, and fire protection;

      (iv) That the project is in conformity with the applicable provisions of chapter 23 of title

46; and

      (v) That the project is in conformity with the applicable provisions of the state guide

plan; and

      (2) Prepares and publicly releases an analysis of the impact the proposed project will or

may have on the State. The analysis shall be supported by such appropriate data and

documentation and shall consider, but not be limited to, the following factors:

      (i) The impact on the industry or industries in which the completed project will be

involved;

      (ii) State fiscal matters, including the state budget (revenues and expenses);

      (iii) The financial exposure of the taxpayers of the state under the plans for the proposed

project and negative foreseeable contingencies that may arise therefrom;

      (iv) The approximate number of full-time, part-time, temporary, seasonal, and/or

permanent jobs projected to be created, construction and non-construction;

      (v) Identification of geographic sources of the staffing for identified jobs;

      (vi) The projected duration of the identified construction jobs;

      (vii) The approximate wage rates for each category of the identified jobs;

      (viii) The types of fringe benefits to be provided with the identified jobs, including

healthcare insurance and any retirement benefits;

      (ix) The projected fiscal impact on increased personal income taxes to the state of Rhode

Island; and

      (x) The description of any plan or process intended to stimulate hiring from the host

community, training of employees or potential employees and outreach to minority job applicants

and minority businesses.

      (b) With respect to the uses described in section 42-64-3(18), (23), (30), (35), and (36)

and with respect to projects situated on federal lands, the corporation shall not be required to

make the findings specified in subsection (a)(1)(i) of this section.

      (c) Except for the findings specified in subsections (a)(1)(iv) and (a)(1)(v) of this

section, the findings of the corporation made pursuant to this section shall be binding and

conclusive for all purposes. Upon adoption by the corporation, any such findings shall be

transmitted to the division of taxation, and shall be made available to the public for inspection by

any person, and shall be published by the tax administrator on the tax division website.

      (d) The corporation shall monitor every impact analysis it completes through the

duration of any project incentives. Such monitoring shall include semi-annual reports made

available to the public on the: which shall be transmitted to the division of taxation, and shall be

available to the public for inspection by any person, and shall be published by the tax

administrator on the tax division website. The annual reports on the impact analysis shall

include:

      (1) Actual versus projected impact for all considered factors; and

      (2) Verification of all commitments made in consideration of state incentives or aid.

     (e) Upon its preparation and release of the analysis required by subsection (a)(2) of this

section, the corporation shall provide copies of that analysis to the chairpersons of the house and

senate finance committees, the house and senate fiscal advisors, the department of labor and

training and the division of taxation. Any such analysis shall be available to the public for

inspection by any person and shall be published by the tax administrator on the tax division

website. Annually thereafter, the department of labor and training shall certify to the

chairpersons of the house and senate finance committees, the house and senate fiscal advisors, the

corporation and the division of taxation that: (i) the actual number of new full-time jobs with

benefits created by the project, not including construction jobs, is on target to meet or exceed the

estimated number of new jobs identified in the analysis above, and (ii) the actual number of

existing full-time jobs with benefits has not declined. This certification shall no longer be

required two (2) tax years after the terms and conditions of both the general assembly’s joint

resolution of approval required by section 42-64-20.1 of this chapter and any agreement between

the corporation and the project lessee have been satisfied. For purposes of this section, “full-time

jobs with benefits” means jobs that require working a minimum of thirty (30) hours per week

within the state, with a median wage that exceeds by five percent (5%) the median annual wage

for full-time jobs in Rhode Island and within the taxpayer’s industry, with a benefit package that

includes healthcare insurance plus other benefits typical of companies within the project lessee’s

industry. The department of labor and training shall also certify annually to the chairpersons of

the house and senate finance committees, the house and senate fiscal advisors, and the division of

taxation that jobs created by the project are “new jobs” in the state of Rhode Island, meaning that

the employees of the project are in addition to, and without a reduction in the number of, those

employees of the project lessee currently employed in Rhode Island, are not relocated from

another facility of the project lessee in Rhode Island or are employees assumed by the project

lessee as the result of a merger or acquisition of a company already located in Rhode Island. The

certifications made by the department of labor and training shall be available to the public for

inspection by any person and shall be published by the tax administrator on the tax division

website.

     (f) The corporation, with the assistance of the taxpayer, the department of labor and

training, the department of human services and the division of taxation shall provide annually an

analysis of whether any of the employees of the project lessee has received RIte Care or RIte

Share benefits and the impact such benefits or assistance may have on the state budget. Any such

analysis shall be available to the public for inspection by any person and shall be published by the

tax administrator on the tax division website. Notwithstanding any other provision of law or rule

or regulation, the division of taxation, the department of labor and training and the department of

human services are authorized to present, review and discuss lessee-specific tax or employment

information or data with the Rhode Island Economic Development Corporation (RIEDC), the

chairpersons of the house and senate finance committees, and/or the house and senate fiscal

advisors for the purpose of verification and compliance with this tax credit reporting requirement.

     (g) The corporation and the project lessee shall agree that, if at any time prior to pay

back of the amount of the sales tax exemption through new income tax collections over three (3)

years, not including construction job income taxes, the project lessee will be unable to continue

the project, or otherwise defaults on its obligations to the corporation, the project lessee shall be

liable to the state for all the sales tax benefits granted to the project plus interest, as determined in

Rhode Island General Law section 44-1-7, calculated from the date the project lessee received the

sales tax benefits.

     (h) Any agreements or contracts entered into by the corporation and the project lessee

shall be sent to the division of taxation and be available to the public for inspection by any person

and shall be published by the tax administrator on the tax division website.

     (i) By August 15th of each year the project lessee shall report the source and amount of

any bonds, grants, loans, loan guarantees, matching funds or tax credits received from any state

governmental entity, state agency or public agency as defined in section 37-2-7 received during

the previous state fiscal year. This annual report shall be sent to the division of taxation and be

available to the public for inspection by any person and shall be published by the tax

administrator on the tax division website.

     (j) By August 15th of each year the division of taxation shall report the name, address, and

amount of sales tax benefit each project lessee received during the previous state fiscal year to the

corporation, the chairpersons of the house and senate finance committees, the house and senate

fiscal advisors, the department of labor and training and the division of taxation. This report shall

be available to the public for inspection by any person and shall be published by the tax

administrator on the tax division website.

 

     SECTION 2. Section 44-63-3 of the General Laws in Chapter 44-63 entitled "Incentives

for Innovation and Growth" is hereby amended to read as follows:

 

     44-63-3. Eligibility for credit. [Repealed pursuant to section 44-62-5.] – (a) Only

companies with business primarily in those industries or trades, identified by the corporation

upon advisory resolution of the Rhode Island Science and Technology Advisory Council as

"Innovation Industries" producing traded good or services, shall be eligible for the Incentives for

Innovation and Growth as provided in sections 44-63-1 and 44-63-2. An eligible company must

make application to the corporation prior to claiming the credit, and the corporation shall be

authorized to approve no more than two million dollars ($2,000,000) in credit applications in any

two (2) calendar year period.

     (b) The corporation shall approve no application under this chapter until it has first

prepared and publicly released an analysis of the impact the proposed investment will or may

have on the State. The analysis shall be supported by appropriate data and documentation and

shall consider, but not be limited to, the following factors:

     (i) The impact on the industry or industries in which the applicant will be involved;

     (ii) State fiscal matters, including the state budget (revenues and expenses);

     (iii) The financial exposure of the taxpayers of the state under the plans for the proposed

investment and negative foreseeable contingencies that may arise therefrom;

     (iv) The approximate number of full-time, part-time, temporary, seasonal and/or

permanent jobs projected to be created, construction and non-construction;

     (v) Identification of geographic sources of the staffing for identified jobs;

     (vi) The projected duration of the identified construction jobs;

     (vii) The approximate wage rates for each category of the identified jobs;

     (viii) The types of fringe benefits to be provided with the identified jobs, including

healthcare insurance and any retirement benefits;

     (ix) The projected fiscal impact on increased personal income taxes to the state of Rhode

Island; and

     (x) The description of any plan or process intended to stimulate hiring from the host

community, training of employees or potential employees, and outreach to minority job

applicants and minority businesses.

      (c) The corporation shall monitor every impact analysis it completes through the

duration of any approved tax credit and for two (2) years after the taxpayer no longer receives the

credit. Such monitoring shall include annual reports which shall be transmitted to the division of

taxation, and shall be available to the public for inspection by any person, and shall be published

by the tax administrator on the tax division website. The annual reports on the impact analysis

shall include:

     (1) Actual versus projected impact for all considered factors; and

     (2) Verification of all commitments made in consideration of state incentives or aid.

     (d) Upon its preparation and release of the analysis required by subsection (b) of this

section, the corporation shall provide copies of that analysis to the chairpersons of the house and

senate finance committees, the house and senate fiscal advisors, the department of labor and

training and the division of taxation. Any such analysis shall be available to the public for

inspection by any person and shall be published by the tax administrator on the tax division

website. Annually thereafter, through and including the second tax year after any taxpayer has

applied for and received a tax credit pursuant to this chapter, the department of labor and training

shall certify to the chairpersons of the house and senate finance committees, the house and senate

fiscal advisors, the corporation and the division of taxation that: (i) the actual number of new

full-time jobs with benefits created by the tax credit, not including construction jobs, is on target

to meet or exceed the estimated number of new jobs identified in the analysis above; and (ii) the

actual number of existing full-time jobs with benefits has not declined. For purposes of this

section, “full-time jobs with benefits” means jobs that require working a minimum of thirty (30)

hours per week within the state, with a median wage that exceeds by five percent (5%) the

median annual wage for full-time jobs in Rhode Island and within the taxpayer’s industry, with a

benefit package that includes healthcare insurance plus other benefits typical of companies

within the taxpayer’s industry. The department of labor and training shall also certify annually to

the chairpersons of the house and senate finance committees, the house and senate fiscal advisors,

and the division of taxation that jobs created by the tax credit are “new jobs” in the state of Rhode

Island, meaning that the employees of the project are in addition to, and without a reduction of,

those employees of the taxpayer currently employed in Rhode Island, are not relocated from

another facility of the taxpayer in Rhode Island or are employees assumed by the taxpayer as the

result of a merger or acquisition of a company already located in Rhode Island. The certifications

made by the department of labor and training shall be available to the public for inspection by any

person and shall be published by the tax administrator on the tax division website.

     (e) The corporation, with the assistance of the taxpayer, the department of labor and

training, the department of human services and the division of taxation shall provide annually an

analysis of whether any of the employees of the taxpayer has received RIte Care or RIte Share

benefits and the impact such benefits or assistance may have on the state budget. This analysis

shall be available to the public for inspection by any person and shall be published by the tax

administrator on the tax division website. Notwithstanding any other provision of law or rule or

regulation, the division of taxation, the department of labor and training and the department of

human services are authorized to present, review and discuss taxpayer-specific tax or

employment information or data with the Rhode Island Economic Development Corporation

(RIEDC), the chairpersons of the house and senate finance committees, and/or the house and

senate fiscal advisors for the purpose of verification and compliance with this tax credit reporting

requirement.

     (f) Any agreements or contracts entered into by the corporation and the taxpayer shall be

sent to the division of taxation and be available to the public for inspection by any person and

shall be published by the tax administrator on the tax division website.

     (g) By August 15th of each year the taxpayer shall report the source and amount of any

bonds, grants, loans, loan guarantees, matching funds or tax credits received from any state

governmental entity, state agency or public agency as defined in section 37-2-7 received during

the previous state fiscal year. This annual report shall be sent to the division of taxation and be

available to the public for inspection by any person and shall be published by the tax

administrator on the tax division website.

     (h) By August 15th of each year the division of taxation shall report the name, address,

and amount of tax credit received for each taxpayer during the previous state fiscal year to the

corporation, the chairpersons of the house and senate finance committees, the house and senate

fiscal advisors, the department of labor and training and the division of taxation. This report shall

be available to the public for inspection by any person and shall be published by the tax

administrator on the tax division website.

 

     SECTION 3. Section 42-64.5-5 of the General Laws in Chapter 42-64.5 entitled "Jobs

Development Act" is hereby amended to read as follows:

 

     42-64.5-5. Election. – (a) An eligible company may elect to determine its "base

employment" for the purposes of this chapter on July 1 of any year subsequent to 1994, rather

than on July 1, 1994; provided, however, that an eligible company that is a telecommunication

company shall determine its base employment on either July 1, 2001 or July 1, 2002; and

provided, further, that except as otherwise provided in this chapter, an eligible company may not

use July 1, 2003 or any subsequent date to determine its base employment unless a determination

has been made by the board of directors of the Rhode Island economic development corporation

that: (a)(i)but for the incentives available under this chapter the company is not likely to retain,

expand, or add employment in this state; and (b)(ii) that the company has provided reasonable

evidence supporting a finding that the jobs retained, expanded, or added will generate new tax

revenue for the state that is at least equivalent to the value of this incentive.

      As a result of the election, rules comparable to those set forth elsewhere in this chapter

shall be applied to determine the rate reduction available for each of the three (3) taxable years

following the first anniversary of the date the eligible company elected to use to determine its

"base employment" and for the taxable years following that three (3) year period. This election:

(a)(i) shall be made in a manner that may be determined by the tax administrator, and (b)(ii) shall

not be available to an eligible company that previously claimed a rate reduction under this

chapter.

     (b) The corporation shall make no determination under subsection (a) of this section until

it has first prepared and publicly released an analysis of the impact the proposed investment will

or may have on the state. The analysis shall be supported by appropriate data and documentation

and shall consider, but not be limited to, the following factors:

     (i) The impact on the industry or industries in which the applicant will be involved;

     (ii) State fiscal matters, including the state budget (revenues and expenses);

     (iii) The financial exposure of the taxpayers of the state under the plans for the proposed

investment and negative foreseeable contingencies that may arise therefrom;

     (iv) The approximate number of full-time, part-time, temporary, seasonal and/or

permanent jobs projected to be created, construction and non-construction;

     (v) Identification of geographic sources of the staffing for identified jobs;

     (vi) The projected duration of the identified construction jobs;

     (vii) The approximate wage rates for each category of the identified jobs;

     (viii) The types of fringe benefits to be provided with the identified jobs, including

healthcare insurance and any retirement benefits;

     (ix) The projected fiscal impact on increased personal income taxes to the state of Rhode

Island; and

     (x) The description of any plan or process intended to stimulate hiring from the host

community, training of employees or potential employees, and outreach to minority job

applicants and minority businesses.

     (c) The corporation shall monitor every impact analysis it completes through the duration

of any approved tax credit. Such monitoring shall include annual reports made available to the

public on the:

     (1) Actual versus projected impact for all considered factors; and

     (2) Verification of all commitments made in consideration of state incentives or aid.

     (d) Upon its preparation and release of the analysis required by subsection (b) of this

section, the corporation shall provide copies of that analysis to the chairpersons of the house and

senate finance committees, the house and senate fiscal advisors, the department of labor and

training and the division of taxation. Any such analysis shall be available to the public for

inspection by any person and shall by published by the tax administrator on the tax division

website. Annually thereafter, through and including the second tax year after any taxpayer has

applied for and received a tax credit pursuant to this chapter, the department of labor and training

shall certify to the chairpersons of the house and senate finance committees, the house and senate

fiscal advisors, the corporation and the division of taxation that: (i) the actual number of new

full-time jobs with benefits created by the tax credit, not including construction jobs, is on target

to meet or exceed the estimated number of new jobs identified in the analysis above, and (ii) the

actual number of existing full-time jobs with benefits has not declined. For purposes of this

section, “full-time jobs with benefits” means jobs that require working a minimum of thirty (30)

hours per week within the state, with a median wage that exceeds by five percent (5 %) the

median annual wage for full-time jobs in Rhode Island and within the taxpayer’s industry, with a

benefit package that includes healthcare insurance plus other benefits typical of companies

within the taxpayer’s industry. The department of labor and training shall also certify annually to

the chairpersons of the house and senate finance committees, the house and senate fiscal advisors,

and the division of taxation that jobs created by the tax credit are “new jobs” in the state of Rhode

Island, meaning that the employees of the project are in addition to, and without a reduction of,

those employees of the taxpayer currently employed in Rhode Island, are not relocated from

another facility of the taxpayer in Rhode Island or are employees assumed by the taxpayer as the

result of a merger or acquisition of a company already located in Rhode Island. The certifications

made by the department of labor and training shall be available to the public for inspection by any

person and shall be published by the tax administrator on the tax division website.

     (e) The corporation, with the assistance of the taxpayer, the department of labor and

training, the department of human services and the division of taxation shall provide annually an

analysis of whether any of the employees of the taxpayer has received RIte Care or RIte Share

benefits and the impact such benefits or assistance may have on the state budget. This analysis

shall be available to the public for inspection by any person and shall be published by the tax

administrator on the tax division website. Notwithstanding any other provision of law or rule or

regulation, the division of taxation, the department of labor and training and the department of

human services are authorized to present, review and discuss taxpayer-specific tax or

employment information or data with the Rhode Island Economic Development Corporation

(RIEDC), the house and senate fiscal committee chairs, and/or the house and senate fiscal

advisors for the purpose of verification and compliance with this tax credit reporting requirement.

     (f) Any agreements or contracts entered into by the corporation and the taxpayer shall be

sent to the division of taxation and be available to the public for inspection by any person and

shall be published by the tax administrator on the tax division website

     (g) By August 15th of each year the taxpayer shall report the source and amount of any

bonds, grants, loans, loan guarantees, matching funds or tax credits received from any state

governmental entity, state agency or public agency as defined in section 37-2-7 received during

the previous state fiscal year. This annual report shall be sent to the division of taxation and be

available to the public for inspection by any person and shall be published by the tax

administrator on the tax division website.

     (h) By August 15th of each year the division of taxation shall report the name, address,

and amount of tax credit received for each taxpayer during the previous state fiscal year to the

corporation, the chairpersons of the house and senate finance committees, the house and senate

fiscal advisors, the department of labor and training and the division of taxation. This report shall

be available to the public for inspection by any person and shall be published by the tax

administrator on the tax division website.

 

     SECTION 4. Chapter 42-64.3 of the General Laws entitled "Distressed Areas Economic

Revitalization Act" is hereby amended by adding thereto the following section:

 

     42-64.3-6.1. Impact analysis and periodic reporting. -- (a) The council shall not

certify any applicant as a qualified business under subsection 42-64.3-3(4) of this chapter until it

has first prepared and publicly released an analysis of the impact the proposed investment will or

may have on the state. The analysis shall be supported by appropriate data and documentation

and shall consider, but not be limited to, the following factors:

     (i) The impact on the industry or industries in which the applicant will be involved;

     (ii) State fiscal matters, including the state budget (revenues and expenses);

     (iii) The financial exposure of the taxpayers of the state under the plans for the proposed

investment and negative foreseeable contingencies that may arise therefrom;

     (iv) The approximate number of full-time, part-time, temporary, seasonal and/or

permanent jobs projected to be created, construction and non-construction;

     (v) Identification of geographic sources of the staffing for identified jobs;

     (vi) The projected duration of the identified construction jobs;

     (vii) The approximate wage rates for each category of the identified jobs;

     (viii) The types of fringe benefits to be provided with the identified jobs, including

healthcare insurance and any retirement benefits;

     (ix) The projected fiscal impact on increased personal income taxes to the state of Rhode

Island; and

     (x) The description of any plan or process intended to stimulate hiring from the host

community, training of employees or potential employees, and outreach to minority job

applicants and minority businesses.

     (b) The council shall monitor every impact analysis it completes through the duration of

any approved tax credit. Such monitoring shall include annual reports made available to the

public on the:

     (1) Actual versus projected impact for all considered factors; and

     (2) Verification of all commitments made in consideration of state incentives or aid.

     (c) Upon its preparation and release of the analysis required by subsection (b) of this

section, the council shall provide copies of that analysis to the chairpersons of the house and

senate finance committees, the house and senate fiscal advisors, the department of labor and

training and the division of taxation. Any such analysis shall be available to the public for

inspection by any person and shall by published by the tax administrator on the tax division

website. Annually thereafter, through and including the second tax year after any taxpayer has

applied for and received a tax credit pursuant to this chapter, the department of labor and training

shall certify to the chairpersons of the house and senate finance committees, the house and senate

fiscal advisors, the corporation and the division of taxation that: (i) the actual number of new

full-time jobs with benefits created by the tax credit, not including construction jobs, is on target

to meet or exceed the estimated number of new jobs identified in the analysis above; and (ii) the

actual number of existing full-time jobs with benefits has not declined. For purposes of this

section, “full-time jobs with benefits” means jobs that require working a minimum of thirty (30)

hours per week within the state, with a median wage that exceeds by five percent (5%) the

median annual wage for full-time jobs in Rhode Island and within the taxpayer’s industry, with a

benefit package that includes healthcare insurance plus other benefits typical of companies

within the taxpayer’s industry. The department of labor and training shall also certify annually to

the house and senate fiscal committee chairs, the house and senate fiscal advisors, and the

division of taxation that jobs created by the tax credit are “new jobs” in the state of Rhode Island,

meaning that the employees of the project are in addition to, and without a reduction of, those

employees of the taxpayer currently employed in Rhode Island, are not relocated from another

facility of the taxpayer in Rhode Island or are employees assumed by the taxpayer as the result of

a merger or acquisition of a company already located in Rhode Island. The certifications made

by the department of labor and training shall be available to the public for inspection by any

person and shall be published by the tax administrator on the tax division website.

     (d) The council, with the assistance of the taxpayer, the department of labor and training,

the department of human services and the division of taxation shall provide annually an analysis

of whether any of the employees of the taxpayer has received RIte Care or RIte Share benefits

and the impact such benefits or assistance may have on the state budget. This analysis shall be

available to the public for inspection by any person and shall be published by the tax

administrator on the tax division website. Notwithstanding any other provision of law or rule or

regulation, the division of taxation, the department of labor and training and the department of

human services are authorized to present, review and discuss taxpayer-specific tax or

employment information or data with the council, the chairpersons of the house and senate

finance committees, and/or the house and senate fiscal advisors for the purpose of verification

and compliance with this tax credit reporting requirement.

     (e) Any agreements or contracts entered into by the council and the taxpayer shall be sent

to the division of taxation and be available to the public for inspection by any person and shall be

published by the tax administrator on the tax division website.

     (f) By August 15th of each year the taxpayer shall report the source and amount of any

bonds, grants, loans, loan guarantees, matching funds or tax credits received from any state

governmental entity, state agency or public agency as defined in section 37-2-7 received during

the previous state fiscal year. This annual report shall be sent to the division of taxation and be

available to the public for inspection by any person and shall be published by the tax

administrator on the tax division website.

     (g) By August 15th of each year the division of taxation shall report the name, address,

and amount of tax credit received for each taxpayer during the previous state fiscal year to the

council, the chairpersons of the house and senate finance committees, the house and senate fiscal

advisors, the department of labor and training and the division of taxation. This report shall be

available to the public for inspection by any person and shall be published by the tax

administrator on the tax division website.

 

     SECTION 5. Chapter 42-64.9 of the General Laws entitled "Mill Building and Economic

Revitalization Act" is hereby amended by adding thereto the following section:

 

     42-64.9-6.2. Impact analysis and periodic reporting. -- (a) The council shall not

designate any building as a certified building under section 42-64.9-5 or section 42-64.9-6 of this

chapter until it has first prepared and publicly released an analysis of the impact the proposed

investment will or may have on the state. The analysis shall be supported by appropriate data and

documentation and shall consider, but not be limited to, the following factors:

     (i) The impact on the industry or industries in which the applicant will be involved;

     (ii) State fiscal matters, including the state budget (revenues and expenses);

     (iii) The financial exposure of the taxpayers of the state under the plans for the proposed

investment and negative foreseeable contingencies that may arise therefrom;

     (iv) The approximate number of full-time, part-time, temporary, seasonal and/or

permanent jobs projected to be created, construction and non-construction;

     (v) Identification of geographic sources of the staffing for identified jobs;

     (vi) The projected duration of the identified construction jobs;

     (vii) The approximate wage rates for each category of the identified jobs;

     (viii) The types of fringe benefits to be provided with the identified jobs, including

healthcare insurance and any retirement benefits;

     (ix) The projected fiscal impact on increased personal income taxes to the state of Rhode

Island; and

     (x) The description of any plan or process intended to stimulate hiring from the host

community, training of employees or potential employees, and outreach to minority job

applicants and minority businesses.

     (b) The council shall monitor every impact analysis it completes through the duration of

any approved tax credit. Such monitoring shall include annual reports made available to the

public on the:

     (1) Actual versus projected impact for all considered factors; and

     (2) Verification of all commitments made in consideration of state incentives or aid.

     (c) Upon its preparation and release of the analysis required by subsection (b) of this

section, the council shall provide copies of that analysis to the chairpersons of the house and

senate finance committees, the house and senate fiscal advisors, the department of labor and

training and the division of taxation. Any such analysis shall be available to the public for

inspection by any person and shall by published by the tax administrator on the tax division

website. Annually thereafter, through and including the second tax year after any taxpayer has

applied for and received a tax credit pursuant to this chapter, the department of labor and training

shall certify to the chairpersons of the house and senate finance committees, the house and senate

fiscal advisors, the corporation and the division of taxation that: (i) the actual number of new

full-time jobs with benefits created by the tax credit, not including construction jobs, is on target

to meet or exceed the estimated number of new jobs identified in the analysis above, and (ii) the

actual number of existing full-time jobs with benefits has not declined. For purposes of this

section, “full-time jobs with benefits” means jobs that require working a minimum of thirty (30)

hours per week within the state, with a median wage that exceeds by five percent (5%) the

median annual wage for full-time jobs in Rhode Island and within the taxpayer’s industry, with a

benefit package that includes healthcare insurance plus other benefits typical of companies within

the taxpayer’s industry. The department of labor and training shall also certify annually to the

house and senate fiscal committee chairs, the house and senate fiscal advisors, and the division of

taxation that jobs created by the tax credit are “new jobs” in the state of Rhode Island, meaning

that the employees of the project are in addition to, and without a reduction of, those employees

of the taxpayer currently employed in Rhode Island, are not relocated from another facility of the

taxpayer in Rhode Island or are employees assumed by the taxpayer as the result of a merger or

acquisition of a company already located in Rhode Island. The certifications made by the

department of labor and training shall be available to the public for inspection by any person and

shall be published by the tax administrator on the tax division website.

     (d) The council, with the assistance of the taxpayer, the department of labor and training,

the department of human services and the division of taxation shall provide annually an analysis

of whether any of the employees of the taxpayer has received RIte Care or RIte Share benefits

and the impact such benefits or assistance may have on the state budget. This analysis shall be

available to the public for inspection by any person and shall be published by the tax

administrator on the tax division website. Notwithstanding any other provision of law or rule or

regulation, the division of taxation, the department of labor and training and the department of

human services are authorized to present, review and discuss taxpayer-specific tax or

employment information or data with the council, the chairpersons of the house and senate

finance committees, and/or the house and senate fiscal advisors for the purpose of verification

and compliance with this tax credit reporting requirement.

     (e) Any agreements or contracts entered into by the council and the taxpayer shall be sent

to the division of taxation and be available to the public for inspection by any person and shall be

published by the tax administrator on the tax division website.

     (f) By August 15th of each year the taxpayer shall report the source and amount of any

bonds, grants, loans, loan guarantees, matching funds or tax credits received from any state

governmental entity, state agency or public agency as defined in section 37-2-7 received during

the previous state fiscal year. This annual report shall be sent to the division of taxation and be

available to the public for inspection by any person and shall be published by the tax

administrator on the tax division website.

     (g) By August 15th of each year the division of taxation shall report the name, address,

and amount of tax credit received for each taxpayer during the previous state fiscal year to the

council, the chairpersons of the house and senate finance committees, the house and senate fiscal

advisors, the department of labor and training and the division of taxation. This report shall be

available to the public for inspection by any person and shall be published by the tax

administrator on the tax division website.

 

     SECTION 6. Chapter 44-31.2 of the General Laws entitled "Motion Picture Production

Tax Credits" is hereby amended by adding thereto the following section:

 

     44-31.2-6.1. Impact analysis and periodic reporting. -- (a) The film office shall not

certify or approve any application under section 44-31.2-6 of this chapter until it has first

prepared and publicly released an analysis of the impact the proposed investment will or may

have on the state. The analysis shall be supported by appropriate data and documentation and

shall consider, but not be limited to, the following factors:

     (i) The impact on the industry or industries in which the applicant will be involved;

     (ii) State fiscal matters, including the state budget (revenues and expenses);

     (iii) The financial exposure of the taxpayers of the state under the plans for the proposed

investment and negative foreseeable contingencies that may arise therefrom;

     (iv) The approximate number of full-time, part-time, temporary, seasonal and/or

permanent jobs projected to be created, construction and non-construction;

     (v) Identification of geographic sources of the staffing for identified jobs;

     (vi) The projected duration of the identified construction jobs;

     (vii) The approximate wage rates for each category of the identified jobs;

     (viii) The types of fringe benefits to be provided with the identified jobs, including

healthcare insurance and any retirement benefits;

     (ix) The projected fiscal impact on increased personal income taxes to the state of Rhode

Island; and

     (x) The description of any plan or process intended to stimulate hiring from the host

community, training of employees or potential employees, and outreach to minority job

applicants and minority businesses.

     (b) The film office shall monitor every impact analysis it completes through the duration

of any approved tax credit. Such monitoring shall include annual reports made available to the

public on the:

     (1) Actual versus projected impact for all considered factors; and

     (2) Verification of all commitments made in consideration of state incentives or aid.

     (c) Upon its preparation and release of the analysis required by subsection (b) of this

section, the film office shall provide copies of that analysis to the chairpersons of the house and

senate finance committees, the house and senate fiscal advisors, the department of labor and

training and the division of taxation. Any such analysis shall be available to the public for

inspection by any person and shall by published by the tax administrator on the tax division

website. Annually thereafter, through and including the second tax year after any taxpayer has

applied for and received a tax credit pursuant to this chapter, the department of labor and training

shall certify to the chairpersons of the house and senate finance committees, the house and senate

fiscal advisors, the corporation and the division of taxation that: (i) the actual number of new

full-time jobs with benefits created by the state-certified production, not including construction

jobs, is on target to meet or exceed the estimated number of new jobs identified in the analysis

above, and (ii) the actual number of existing full-time jobs with benefits has not declined. For

purposes of this section, “full-time jobs with benefits” means jobs that require working a

minimum of thirty (30) hours per week within the state, with a median wage that exceeds by five

percent (5 %) the median annual wage for full-time jobs in Rhode Island and within the

taxpayer’s industry, with a benefit package that includes healthcare insurance plus other benefits

typical of companies within the motion picture industry. The department of labor and training

shall also certify annually to the house and senate fiscal committee chairs, the house and senate

fiscal advisors, and the division of taxation that jobs created by the state-certified production are

“new jobs” in the state of Rhode Island, meaning that the employees of the motion picture

production company are in addition to, and without a reduction of, those employees of the motion

picture production company currently employed in Rhode Island, are not relocated from another

facility of the motion picture production company in Rhode Island or are employees assumed by

the motion picture production company as the result of a merger or acquisition of a company

already located in Rhode Island. The certifications made by the department of labor and training

shall be available to the public for inspection by any person and shall be published by the tax

administrator on the tax division website.

     (d) The film office, with the assistance of the motion picture production company, the

department of labor and training, the department of human services and the division of taxation

shall provide annually an analysis of whether any of the employees of the motion picture

production company has received RIte Care or RIte Share benefits and the impact such benefits

or assistance may have on the state budget. This analysis shall be available to the public for

inspection by any person and shall be published by the tax administrator on the tax division

website. Notwithstanding any other provision of law or rule or regulation, the division of

taxation, the department of labor and training and the department of human services are

authorized to present, review and discuss project-specific tax or employment information or data

with the film office, the chairpersons of the house and senate finance committees, and/or the

house and senate fiscal advisors for the purpose of verification and compliance with this tax

credit reporting requirement.

     (e) Any agreements or contracts entered into by the film office and the motion picture

production company shall be sent to the division of taxation and be available to the public for

inspection by any person and shall be published by the tax administrator on the tax division

website.

     (f) By August 15th of each year the motion picture production company shall report the

source and amount of any bonds, grants, loans, loan guarantees, matching funds or tax credits

received from any state governmental entity, state agency or public agency as defined in section

37-2-7 received during the previous state fiscal year. This annual report shall be sent to the

division of taxation and be available to the public for inspection by any person and shall be

published by the tax administrator on the tax division website.

     (g) By August 15th of each year the division of taxation shall report the name, address,

and amount of tax credit received for each motion picture production company during the

previous state fiscal year to the film office, the chairpersons of the house and senate finance

committees, the house and senate fiscal advisors, the department of labor and training and the

division of taxation. This report shall be available to the public for inspection by any person and

shall be published by the tax administrator on the tax division website.

 

     SECTION 7. Chapter 42-142 of the General Laws entitled "Department of Revenue" is

hereby amended by adding thereto the following section:

 

     42-142-5. Annual unified economic development budget report. – (a) The director of

the department of revenue shall, not later than October 15 of each state fiscal year, compile and

publish, in printed and electronic form, including on the Internet, an annual unified economic

development budget report which shall provide the following comprehensive information

regarding the costs and benefits of all tax credits or other tax benefits conferred pursuant to

sections 42-64-10, 44-63-3, 42-64.5-5, 42-64.3-6.1, 42-64.9-6.2 and 44-31.2-6.1 during the

preceding fiscal year:

     (1) The name of each recipient of any such tax credit or other tax benefit; the dollar

amount of each such tax credit or other tax benefit; and summaries of the number of full-time and

part-time jobs created or retained, employee benefits provided and the degree to which job

creation and retention, wage and benefit goals and requirements of recipient and related

corporations, if any, have been met. The report shall include aggregate dollar amounts for each

category of tax credit or other tax benefit and for each geographical area within the state; the

number of recipients within each category of tax credit or other tax benefit; the number of full-

time and part-time jobs created or retained, the employee benefits provided; and the degree to

which job creation and retention, wage and benefit rate goals and requirements have been met

within each category of tax credit or other tax benefit; and

     (2) The dollar amounts of all such tax credits and other tax benefits by each approving

authority pursuant to sections 42-64-10, 44-63-3, 42-64.5-5, 42-64.3-6.1, 42-64.9-6.2 and 44-

31.2-6.1, together with the cost to the state and to the approving agency; the value of the tax

credit or other tax benefits to each recipient thereof; and summaries of the number of full-time

and part-time jobs created or retained, employee benefits provided, and the degree to which job

creation and retention, wage and benefit rate goals and requirements of the recipients and related

corporations, if any, have been met.

     (b) The director of the department of revenue shall provide to the general assembly, as

part of the annual budget request of the governor, and shall make available to the public via the

Internet, a comprehensive presentation of the costs of all such tax credits and other tax benefits to

the state during the preceding fiscal year, an estimate of the anticipated costs of such tax credits

and other tax incentives for the then-current fiscal year, and an estimate of the costs of all such

tax credits or other tax benefits for the fiscal year of the requested budget, including, but not

limited to:

     (1) The total cost to the state of tax expenditures resulting from such tax credits and other

tax benefits, the costs for each category of tax credits and other tax benefits, and the amounts of

tax credits and other tax benefits by geographical area;

     (2) The extent to which any employees of and recipients of any such tax credits or other

tax benefits has received RIte Care or RIte Share benefits or assistance and the impact that any

such benefits or assistance may have on the state budget; and

     (3) The cost to the state of all appropriated expenditures for such tax credits and other tax

benefits, including line-item budgets for every state-funded entity concerned with economic

development, including, but not limited to, the department of labor and training, the department

of education, the economic development corporation, the commissioner of higher education, and

the research and business assistance programs of public institutions of higher education.

     (c) Forthwith upon passage of this act, the director of the department of revenue shall

undertake to develop a method and a procedure for the collection and analysis of comprehensive

information on the basis of which the costs and the fiscal and social efficacies associated with

those tax credits and other tax benefits conferred pursuant to sections 44-31-1, 44-31-1.1, 44-31-

2, 44-32-2, 44-32-3, 44-42-2 and 44-55-4 may be evaluated and weighed by the executive and

legislative branches of state government. On or before December 31, 2008, the director shall

report to the governor and to the chairpersons of the house and senate committees on finance

upon his or her compliance with this subsection and set forth his conclusions and

recommendations with respect thereto.

 

     SECTION 8. This act shall take effect upon passage.

     

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LC01690/SUB A/3

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