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5 | 5 | | 2023 -- H 5808 |
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6 | 6 | | ======== |
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7 | 7 | | LC001744 |
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8 | 8 | | ======== |
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9 | 9 | | S TATE OF RHODE IS LAND |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2023 |
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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 TAXATION -- RHODE ISLAND WOMEN'S EQUITY INCENTIVE ACT OF |
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16 | 16 | | 2023 |
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17 | 17 | | Introduced By: Representatives Donovan, Kazarian, Speakman, Alzate, Fenton-Fung, |
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18 | 18 | | Casimiro, Carson, Caldwell, Tanzi, and Messier |
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19 | 19 | | Date Introduced: February 22, 2023 |
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20 | 20 | | Referred To: House Finance |
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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 44 of the General Laws entitled "TAXATION" is hereby amended by 1 |
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25 | 25 | | adding thereto the following chapter: 2 |
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26 | 26 | | CHAPTER 48.4 3 |
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27 | 27 | | RHODE ISLAND WOMEN'S EQUITY INCENTIVE ACT OF 2023 4 |
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28 | 28 | | 44-48.4-1. Short title. 5 |
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29 | 29 | | This chapter shall be known and may be cited as the “Rhode Island Women’s Equity 6 |
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30 | 30 | | Incentive Act of 2023.” 7 |
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31 | 31 | | 44-48.4-2. Findings and declaration. 8 |
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32 | 32 | | (a) It is hereby found and declared that Rhode Island women continue to experience barriers 9 |
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33 | 33 | | and challenges to economic security and prosperity despite their critical role in society and the 10 |
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34 | 34 | | economy. Generally, they are paid less than men, are overrepresented in low-paying jobs and are 11 |
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35 | 35 | | more likely to live in poverty. Without purposeful action, economic disparities can and will simply 12 |
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36 | 36 | | reproduce themselves. 13 |
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37 | 37 | | (b) Economic recovery depends on addressing longstanding discrimination and barriers 14 |
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38 | 38 | | that have hampered women including women of color from fully participating in the labor force. 15 |
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39 | 39 | | Persistent inequities in access to executive tracked careers and in innovation and STEM industries 16 |
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40 | 40 | | prevent our economy from reaching its full potential. Our economy and our state is better off when 17 |
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41 | 41 | | women are better off. 18 |
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43 | 43 | | |
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44 | 44 | | LC001744 - Page 2 of 5 |
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45 | 45 | | (c) Through the establishment of the women’s equity incentive program, Rhode Island can 1 |
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46 | 46 | | take steps to stimulate business expansion and attraction, create well-paying jobs for traditionally 2 |
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47 | 47 | | underrepresented members of our workforce, and generate revenues for necessary state and local 3 |
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48 | 48 | | governmental services. 4 |
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49 | 49 | | 44-48.4-3. Definitions. 5 |
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50 | 50 | | As used in this chapter, unless the context clearly indicates otherwise, the following words 6 |
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51 | 51 | | and phrases shall have the following meanings: 7 |
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52 | 52 | | (1) “Business” means an applicant that is a corporation, state bank, federal savings bank, 8 |
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53 | 53 | | trust company, national banking association, bank holding company, loan and investment 9 |
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54 | 54 | | company, mutual savings bank, credit union, building and loan association, insurance company, 10 |
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55 | 55 | | investment company, broker-dealer company or surety company, limited liability company, 11 |
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56 | 56 | | partnership, or sole proprietorship. 12 |
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57 | 57 | | (2) “Eligibility period” means the period in which a business may claim a tax credit under 13 |
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58 | 58 | | the program, which shall be a calendar year. 14 |
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59 | 59 | | (3) “Eligible position” or “full-time job” means a full-time position in a business which has 15 |
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60 | 60 | | been filled with a full-time employee who earns no less than the median hourly wage as reported 16 |
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61 | 61 | | by the United States Bureau of Labor Statistics for the State of Rhode Island. 17 |
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62 | 62 | | (4) “Full-time employee” means a person who is employed by a business for consideration 18 |
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63 | 63 | | for at least thirty-five (35) hours a week and whose wages are subject to withholding. 19 |
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64 | 64 | | (5) “Targeted industry” means any industry identified in the economic development vision 20 |
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65 | 65 | | and policy promulgated under § 42-64.17-1 or, until such time as any economic development vision 21 |
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66 | 66 | | and policy is promulgated, as identified by the commerce corporation. 22 |
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67 | 67 | | 44-48.4-4. Rhode Island women's equity program. 23 |
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68 | 68 | | (a) The Rhode Island women’s equity program is hereby established as a program under 24 |
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69 | 69 | | the jurisdiction of and shall be administered by the division of taxation. The program shall provide 25 |
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70 | 70 | | tax credits to eligible businesses for an eligibility period. 26 |
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71 | 71 | | (b) An eligible business under the program shall be entitled to a credit against taxes 27 |
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72 | 72 | | imposed pursuant to chapters 11, 13, 14, 17 or 30 of title 44 as further provided under this chapter. 28 |
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73 | 73 | | (c) In the event that the attestation by the chief executive officer of the business, or 29 |
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74 | 74 | | equivalent officer, required under subsection (d) of this section is found to be willfully false, the 30 |
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75 | 75 | | division of taxation may revoke any award of tax credits in their entirety, which revocation shall 31 |
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76 | 76 | | be in addition to any other criminal or civil penalties that the business and/or the officer may be 32 |
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77 | 77 | | subject to under applicable law. Additionally, the division of taxation may revoke any award of tax 33 |
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78 | 78 | | credits in its entirety if the eligible business is convicted of bribery, fraud, theft, embezzlement, 34 |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LC001744 - Page 3 of 5 |
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82 | 82 | | misappropriation, and/or extortion involving the state, any state agency or political subdivision of 1 |
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83 | 83 | | the state. 2 |
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84 | 84 | | (d) The chief executive officer of the business shall provide a written attestation that the 3 |
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85 | 85 | | documents and financial information provided by the business is true and accurate to the best of 4 |
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86 | 86 | | their knowledge and belief. 5 |
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87 | 87 | | 44-48.4-5. Total amount of tax credit for eligible business. 6 |
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88 | 88 | | The base amount of the tax credit for an eligible business for each new full-time job shall 7 |
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89 | 89 | | be up to two thousand five hundred dollars ($2,500), annually. 8 |
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90 | 90 | | 44-48.4-6. Documentation. 9 |
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91 | 91 | | (a) A business shall maintain documentation indicating that it has met the employment 10 |
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92 | 92 | | requirements for the tax credit amount set forth in § 44-48.4-7. 11 |
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93 | 93 | | (b) Full-time employment for an accounting or privilege period shall be determined as the 12 |
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94 | 94 | | average of the monthly full-time employment for the period. 13 |
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95 | 95 | | 44-48.4-7. Credit for qualified women's equity program expenses. 14 |
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96 | 96 | | (a) “Qualified expenses” and “base period expenses” have the same meaning as defined in 15 |
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97 | 97 | | 26 U.S.C. § 41; provided that, the expenses have been incurred in this state after July 1, 2023. 16 |
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98 | 98 | | (b) The credit allowed under this section shall only be allowed against the tax of that 17 |
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99 | 99 | | corporation included in a consolidated return that qualifies for the credit and not against the tax of 18 |
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100 | 100 | | other corporations that may join in the filing of a consolidated return. 19 |
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101 | 101 | | (c) In the event the taxpayer is a partnership, joint venture or small business corporation, 20 |
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102 | 102 | | the credit is divided in the same manner as income. 21 |
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103 | 103 | | 44-48.4-8. Transfer or redemption of tax credits. 22 |
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104 | 104 | | The division of taxation shall establish, by regulation, the process for the assignment, 23 |
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105 | 105 | | transfer or conveyance of tax credits. 24 |
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106 | 106 | | 44-48.4-9. Administration. 25 |
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107 | 107 | | The division of taxation shall adopt rules and regulations as are necessary to implement 26 |
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108 | 108 | | this chapter. 27 |
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109 | 109 | | 44-48.4-10. Program integrity. 28 |
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110 | 110 | | Program integrity being of paramount importance, the division of taxation shall establish 29 |
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111 | 111 | | procedures to ensure ongoing compliance with the terms and conditions of the program established 30 |
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112 | 112 | | herein, including procedures to safeguard the expenditure of public funds and to ensure that the 31 |
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113 | 113 | | funds further the objectives of the program. 32 |
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114 | 114 | | |
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115 | 115 | | |
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116 | 116 | | LC001744 - Page 4 of 5 |
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117 | 117 | | SECTION 2. This act shall take effect upon passage. 1 |
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119 | 119 | | LC001744 |
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122 | 122 | | |
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123 | 123 | | LC001744 - Page 5 of 5 |
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124 | 124 | | EXPLANATION |
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125 | 125 | | BY THE LEGISLATIVE COUNCIL |
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126 | 126 | | OF |
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127 | 127 | | A N A C T |
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128 | 128 | | RELATING TO TAXATION -- RHODE ISLAND WOMEN'S EQUITY INCENTIVE ACT OF |
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129 | 129 | | 2023 |
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130 | 130 | | *** |
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131 | 131 | | This act would create the Rhode Island Women’s Equity Incentive Act of 2023 to address 1 |
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132 | 132 | | the inequalities experienced by women in the workforce by offering tax credits up to two thousand 2 |
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133 | 133 | | five hundred dollars ($2,500) per year to eligible businesses which create full-time jobs for women. 3 |
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134 | 134 | | This act would take effect upon passage. 4 |
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135 | 135 | | ======== |
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136 | 136 | | LC001744 |
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