Terms Used In Rhode Island General Laws > Chapter 5-38.1 - Pawtucket - Motor Vehicle Repair Businesses

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Appraisal: A determination of property value.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• 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
• Board: means the board of directors of the corporation. See Rhode Island General Laws 42-64.10-4
• Certifiable building: means a mill complex or a building:

  (i)  That was constructed prior to January 1, 1950;

  (ii)  Having at least two (2) floors, excluding a basement;

  (iii)  Which is or will be used primarily for manufacturing, wholesale trade and other commercial purposes;

  (iv)  The use of which conforms to the comprehensive plan and local land use management ordinances of the municipality in which the building is located;

  (v)  That is proposed for substantial rehabilitation;

  (vi)  That has been at a minimum seventy-five percent (75%) vacant for a minimum of twenty-four (24) months at the time of submission by the municipality;

  (vii)  That is designated by the municipality for consideration as a certifiable building as hereinafter provided;

  (viii)  Meets other requirements as established by the council; and

  (ix)  Designated by the enterprise zone council as a certified building pursuant to the requirements of Rhode Island General Laws 42-64.9-4

• Certified building: means a building with respect to which the council has issued a written notice of final designation as a certified building pursuant to the provisions of Rhode Island General Laws 42-64.9-4
• Certified building owner: means an individual, partnership, corporation, limited liability company or other entity which is listed in the appropriate municipal records of land evidence as the owner of a certified building, and may include one or more successors in title to the owner of the building at the time the building received written notice of final designation as a certified building pursuant to Rhode Island General Laws 42-64.9-4
• Certified company: means a provisionally-certified company or a fully certified company. See Rhode Island General Laws 42-64.11-2
• Chairperson: means the chairperson of the board of directors of the corporation. See Rhode Island General Laws 42-64.10-4
• 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
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Corporation: means the Quonset Development Corporation. See Rhode Island General Laws 42-64.10-4
• council: means the enterprise zone council established pursuant to Rhode Island General Laws 42-64.9-4
• Credit year: means any calendar year for which an eligible company has been certified under Rhode Island General Laws 42-64.11-2
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Economic development: means the mobilization of intellectual, human, capital, physical and natural resources to generate marketable goods and services for purposes including, but not limited to, creating jobs, economic and employment opportunities, tax base, and wealth. See Rhode Island General Laws 42-64.12-5
• Election: means the election to be filed by a qualifying employer with the human resource investment council. See Rhode Island General Laws 42-64.6-3
• Eligible business: means any business, corporation, sole proprietorship, partnership, limited partnership or limited liability company or other entity which:

  (i)  Is located in a certified building after the building has undergone substantial rehabilitation as hereinafter defined;

  (ii)  Is engaged principally in manufacturing, wholesale trade, or other commercial business activities;

  (iii)  Whose total Rhode Island salaries and wages exceed the total Rhode Island salaries and wages paid to its employees in the prior calendar year;

  (iv)  Has received certification from the enterprise zone council pursuant to the rules and regulations promulgated by the council; and

  (v)  Which, as part of its annual certification:

  (A)  Obtains certificates of good standing from the Rhode Island division of taxation, the corporations division of the Rhode Island secretary of state, and the appropriate municipal authority;

  (B)  Provides the enterprise zone council an affidavit stating under oath that the entity seeking certification as a qualified business has not within the preceding twelve (12) months from the date of application for certification changed its legal status or location solely for the purpose of gaining favorable treatment under the provision of this chapter; and

  (C)  Meets certain other requirements set forth by the council. See Rhode Island General Laws 42-64.9-4

• 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
• Eligible employee: means any full-time active employee having compensation at least equal to one hundred twenty-five percent (125%) of the average compensation of all employees in the state first performing services in the state for an eligible company or an affiliate entity after the date the eligible company files its initial application for certification; provided, however, that for any eligible company filing its initial application in 2005, "eligible employee" means any full-time active employee having compensation at least equal to one hundred-twenty five percent (125%) of the average compensation of all employees in the state first performing services in the state after June 1, 2005. See Rhode Island General Laws 42-64.11-2
• Enterprise zone: means an enterprise zone established pursuant to Rhode Island General Laws 42-64.9-4
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Forbearance: A means of handling a delinquent loan. A
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Full-time active employee: means any employee of an eligible company or an affiliate entity who works a minimum of thirty (30) hours per week within the state, with benefits typical to the industry of the employer. 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
• in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Mill complex: means two (2) or more mill buildings, located on the same or contiguous parcels of land, each of which, at one time, had the same owner(s). See Rhode Island General Laws 42-64.9-4
• motor vehicle repair business: means any place, establishment, garage, or work area enclosed within a building where repairs are made or caused to be made to motor vehicles, including engines, carburetors, brakes, transmissions, muffler systems, electrical systems, and general running gear of motor vehicles exclusive of auto body repairs; and including any used automobile dealership, but excluding any new automobile dealership. See Rhode Island General Laws 5-38.1-3
• Municipality: means any city or town within the state, whether now existing or hereafter created. See Rhode Island General Laws 42-64.9-4
• 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
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Performance-based compensation: means any compensation paid by a certified company to an eligible employee in consideration of the achievement of individual or company performance-based goals, including, for example, but without limitation, bonuses, and income derived from employer-granted stock options. See Rhode Island General Laws 42-64.11-2
• Person: means any individual, group of individuals, firm, corporation, association, partnership, or public or private entity. See Rhode Island General Laws 42-64.12-5
• person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Property: means land or other real property or any interest, estate, or right therein. See Rhode Island General Laws 42-64.12-5
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Provisionally-certified company: means any company that has been certified under Rhode Island General Laws 42-64.11-2
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public ownership and use: means the right of a public body to possess, use, and/or enjoy property in order to conduct a governmental function or to provide for a public activity. See Rhode Island General Laws 42-64.12-5
• Qualified employee: means a full-time employee of an eligible business whose business activity originates and terminates from within the eligible business and certified building on a daily basis, and who is employed by the eligible business at the end of the calendar year, and who is a domiciled resident of the state of Rhode Island. See Rhode Island General Laws 42-64.9-4
• Qualifying employee: means an individual (other than an employee who would be treated as a "highly compensated employee" under 26 U. See Rhode Island General Laws 42-64.6-3
• Qualifying employer: means any employer who files an election with the human resource investment council in a manner provided by the human resource investment council to be covered by the provisions set forth in this chapter, but shall not include any physicians or any employer whose principal business is providing legal, accounting, engineering, architectural, or other similar professional services. See Rhode Island General Laws 42-64.6-3
• Qualifying expenses: means those reasonable expenses (less any federal, state, or local grants or other payments received by the employer to provide training or retraining) incurred by an employer following the date of the employer's election to be covered by the provisions of this chapter, that are directly attributable to providing training and/or retraining to qualifying employees that shall improve the skills required of those employees. See Rhode Island General Laws 42-64.6-3
• Quonset Business Park: means former Navy lands in the town of North Kingstown, and lands related thereto, and personal property thereon, which are or have been owned, leased, managed and/or under the control of the economic development corporation. See Rhode Island General Laws 42-64.10-4
• Quorum: The number of legislators that must be present to do business.
• real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Rehabilitation and reconstruction costs: means and includes only those amounts incurred and paid by the certified building owner, after issuance of the notice of final designation of the building, solely and exclusively for the rehabilitation of the certified building and which are incurred and paid by the certified building owner to acquire tangible personal property and structural components of the certified building which:

  (i)  Are depreciated pursuant to Rhode Island General Laws 42-64.9-4

• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Salaries and wages: means salaries, wages, tips and other compensation as defined in the Internal Revenue Code of 1986, Rhode Island General Laws 42-64.9-4
• State: means the State of Rhode Island. See Rhode Island General Laws 42-64.11-2
• Substantial rehabilitation: means rehabilitation or reconstruction costs of a certified building in a dollar amount that equals or exceeds twenty percent (20%) of the market value of the certified building prior to rehabilitation or reconstruction, as said prior market value is determined by a Rhode Island licensed and certified appraiser who is independent of the certified building owner or owners and their affiliated corporations, and/or any tenants of the certified building and their affiliated corporations. See Rhode Island General Laws 42-64.9-4
• 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
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
• town council: include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.