(a)  An eligible company may submit an initial application for certification with the Rhode Island economic development corporation. The application shall specify the name of the eligible company, its affiliated entities, and its base employment.

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Terms Used In Rhode Island General Laws 42-64.11-3

  • Average annual current employment: means , for any test period, the average daily number of full-time equivalent active employees employed within the state by an eligible company and its affiliated entities. See Rhode Island General Laws 42-64.11-2
  • Base employment: means the average daily number of full-time active employees employed within the state by an eligible company and its affiliated entities for the calendar year preceding the calendar year in which the eligible company makes an initial application to be a certified company as provided in Rhode Island General Laws 42-64.11-2
  • Certified company: means a provisionally-certified company or a fully certified company. See Rhode Island General Laws 42-64.11-2
  • Compensation: means any income, capital gain or preference items realized by an employee in connection with the employee's service for an eligible company or affiliated entity provided that such compensation would (but for the modification provided by Rhode Island General Laws 42-64.11-2
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Credit year: means any calendar year for which an eligible company has been certified under Rhode Island General Laws 42-64.11-2
  • Eligible company: means any corporation, state bank, federal savings bank, trust company, national banking association, bank holding company, loan and investment company, mutual savings bank, credit union, building and loan association, insurance company, investment company, broker-dealer company, manufacturing company, telecommunications company or surety company or an affiliated entity of any of the foregoing. See Rhode Island General Laws 42-64.11-2
  • Fully-certified company: means an eligible company that has been certified by the Rhode Island economic development corporation as meeting the criteria set forth in subsection 42-64. See Rhode Island General Laws 42-64.11-2
  • New employment payroll: means the total compensation paid by an employer that is a certified company and its affiliated entities times a fraction, the numerator of which is its new employment and the denominator is its total number of full-time active employees. See Rhode Island General Laws 42-64.11-2
  • Provisionally-certified company: means any company that has been certified under Rhode Island General Laws 42-64.11-2
  • State: means the State of Rhode Island. See Rhode Island General Laws 42-64.11-2
  • Test period: means , at the election of an eligible company as indicated in an updated application under subsection 42-64. See Rhode Island General Laws 42-64.11-2

(b)  To qualify as a provisionally-certified company for a calendar-year, an eligible company shall file with the Rhode Island economic development corporation by the January 31 immediately following such calendar-year an updated application listing, the following for the test period ending within the calendar-year:

(1)  The eligible company and its affiliated entities;

(2)  Their average annual current employment;

(3)  The number of eligible employees and the aggregate compensation paid thereto; and

(4)  Such other information as the Rhode Island economic development corporation determines is reasonably necessary.

(c)  To qualify as a fully-certified company for a calendar-year, an eligible company that was a provisionally-certified company for both of the two (2) preceding calendar-years shall file with the Rhode Island economic development corporation by the January 31 immediately following such calendar-year an updated application listing for the test period ending within the calendar-year:

(1)  The eligible company and its affiliated entities;

(2)  Their average annual current employment;

(3)  The number of eligible employees and the aggregate compensation paid thereto; and

(4)  Such other information as the Rhode Island economic development corporation determines is reasonably necessary.

Once an eligible company has become a fully-certified company, that qualification shall continue indefinitely and the certification requirements of subsection (e) shall not apply.

(d)  For each affiliated entity not included in the list of affiliated entities for the last prior updated application (or, if none, the initial application), the updated application shall also indicate the base employment of such affiliated entity.

(e)  Within thirty (30) days after receiving an updated application, the Rhode Island economic development corporation shall verify the information submitted with the department of labor and training and/or the division of taxation and shall declare the eligible company to be a provisionally certified company or a fully-certified company, as the case may be, if the updated application demonstrates:

(1)  That an eligible company and its affiliated entities have established for the test period new employment equal to not less than one hundred (100) full-time active employees and not less than ten million dollars ($10,000,000) in new employment payroll; and

(2)  That the annual compensation for eligible employees is not less than one hundred twenty-five percent (125%) of the average compensation of all employees in the state. A declaration that an eligible company is a provisionally certified company or a fully-certified company shall be valid even if made outside the thirty (30) day period.

(f)  A certified company may abandon its certification by filing written notice of its intent to abandon with the Rhode Island economic development corporation and the division of taxation at least thirty (30) days before the end of its credit year, and such abandonment shall become effective for taxable years beginning after the end of the credit year for the certified company and all of its affiliated entities.

(g)  An eligible company that has previously filed an initial application may file a new initial application. In such event, the prior application should be of no further effect and the calendar year under which the new application is filed shall not be a credit year.

(h)  Notwithstanding subsection 42-64.11-6(d), the economic development corporation shall annually provide an economic impact analysis, consistent with the requirements of subsection 42-64-10(a)(2), on each provisionally-certified company and fully-certified company. Such analysis shall also include the name of the eligible company and its affiliated entities, their average annual current employment, and the number of eligible employees. This analysis shall be submitted to the chair of the house finance committee, the chair of the senate finance committee, the house fiscal advisor, and the senate fiscal advisor on or before the January 31st following the first certification of an eligible company and shall be made available to the public. Such annual reports shall continue indefinitely and be submitted on or before January 31st, so long as the certified company has not abandoned its certification. As a condition of continued certification each provisionally certified company and fully-certified company shall provide to the economic development corporation information the corporation deems necessary to complete this analysis.

History of Section.
P.L. 2005, ch. 53, § 1; P.L. 2005, ch. 54, § 1.