Rhode Island 2023 Regular Session

Rhode Island House Bill H6012 Compare Versions

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55 2023 -- H 6012
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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO TAXATION -- RHODE ISLAND WOMEN'S EQUITY INCENTIVE ACT OF
1616 2023
1717 Introduced By: Representatives Donovan, Boylan, Tanzi, Kazarian, Casimiro, Fogarty,
1818 Caldwell, McEntee, and Spears
1919 Date Introduced: March 01, 2023
2020 Referred To: House Finance
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2323 It is enacted by the General Assembly as follows:
2424 SECTION 1. Title 44 of the General Laws entitled "TAXATION" is hereby amended by 1
2525 adding thereto the following chapter: 2
2626 CHAPTER 48.4 3
2727 RHODE ISLAND WOMEN'S EQUITY INCENTIVE ACT OF 2023 4
2828 44-48.4-1. Short title. 5
2929 This chapter shall be known and may be cited as the "Rhode Island Women’s Equity 6
3030 Incentive Act of 2023." 7
3131 44-48.4-2. Findings and declaration. 8
3232 (a) It is hereby found and declared that Rhode Island women continue to experience barriers 9
3333 and challenges to economic security and prosperity despite their critical role in society and the 10
3434 economy. Generally, they are paid less than men, are overrepresented in low-paying jobs and are 11
3535 more likely to live in poverty. Without purposeful action, economic disparities can and will simply 12
3636 reproduce themselves. 13
3737 (b) Economic recovery depends on addressing longstanding discrimination and barriers 14
3838 that have hampered women including women of color from fully participating in the labor force. 15
3939 Persistent inequities in access to executive tracked careers and in innovation and STEM industries 16
4040 prevent our economy from reaching its full potential. Our economy and our state is better off when 17
4141 women are better off. 18
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4545 (c) Through the establishment of the women’s equity incentive program, Rhode Island can 1
4646 take steps to stimulate business expansion and attraction, create well-paying jobs for traditionally 2
4747 underrepresented members of our workforce, and generate revenues for necessary state and local 3
4848 governmental services. 4
4949 44-48.4-3. Definitions. 5
5050 As used in this chapter, unless the context clearly indicates otherwise, the following words 6
5151 and phrases shall have the following meanings: 7
5252 (1) "Eligible business" means an applicant that is a corporation, state bank, federal savings 8
5353 bank, trust company, national banking association, bank holding company, loan and investment 9
5454 company, mutual savings bank, credit union, building and loan association, insurance company, 10
5555 investment company, broker-dealer company or surety company, limited liability company, 11
5656 partnership, or sole proprietorship. 12
5757 (2) "Eligibility period" means the period in which an eligible business may claim a tax 13
5858 credit under the program, which shall be a calendar year. 14
5959 (3) "Eligible position" means a position filled by a full time employee in an eligible 15
6060 business which is a new position, or a position not previously held by a woman, that pays no less 16
6161 than the U.S. Bureau of Labor Statics annual mean wage of management occupations for Rhode 17
6262 Island and for which wages are subject to withholding. 18
6363 (4) "Full-time employee" means a woman who is employed by an eligible business for 19
6464 consideration for at least thirty-five (35) hours a week. 20
6565 44-48.4-4. Rhode Island women's equity program. 21
6666 (a) The Rhode Island women’s equity program is hereby established as a program under 22
6767 the jurisdiction of and shall be administered by the division of taxation. The program shall provide 23
6868 tax credits to eligible businesses for an eligibility period. 24
6969 (b) An eligible business under the program shall be any entitled to a credit against taxes 25
7070 imposed pursuant to chapters 11, 13, 14, 17 or 30 of title 44 for any eligible position and as further 26
7171 provided under this chapter. 27
7272 (c) In the event that the attestation by the chief executive officer of the business, or 28
7373 equivalent officer, required under subsection (d) of this section is found to be willfully false, the 29
7474 division of taxation may revoke any award of tax credits in their entirety, which revocation shall 30
7575 be in addition to any other criminal or civil penalties that the business and/or the officer may be 31
7676 subject to under applicable law. Additionally, the division of taxation may revoke any award of tax 32
7777 credits in its entirety if the eligible business is convicted of bribery, fraud, theft, embezzlement, 33
7878 misappropriation, and/or extortion involving the state, any state agency or political subdivision of 34
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8282 the state. 1
8383 (d) The chief executive officer of the business shall provide a written attestation that the 2
8484 documents and financial information provided by the business is true and accurate to the best of 3
8585 their knowledge and belief. 4
8686 44-48.4-5. Total amount of tax credit for eligible business. 5
8787 The base amount of the tax credit for an eligible business for each new full-time position 6
8888 shall be up to three thousand five hundred dollars ($3,500), annually per new employee. 7
8989 44-48.4-6. Documentation. 8
9090 (a) A business shall maintain documentation indicating that it has met the employment 9
9191 requirements for the tax credit amount set forth in § 44-48.4-7. 10
9292 (b) Full-time employment for an accounting or privilege period shall be determined as the 11
9393 average of the monthly full-time employment for the period. 12
9494 44-48.4-7. Credit for qualified women's equity program expenses. 13
9595 (a) "Qualified expenses" and "base period expenses" have the same meaning as defined in 14
9696 26 U.S.C. § 41; provided that, the expenses have been incurred in this state after July 1, 2023. 15
9797 (b) The credit allowed under this section shall only be allowed against the tax of that 16
9898 corporation included in a consolidated return that qualifies for the credit and not against the tax of 17
9999 other corporations that may join in the filing of a consolidated return. 18
100100 (c) In the event the taxpayer is a partnership, joint venture or small business corporation, 19
101101 the credit is divided in the same manner as income. 20
102102 44-48.4-8. Transfer or redemption of tax credits. 21
103103 The division of taxation shall establish, by regulation, the process for the assignment, 22
104104 transfer or conveyance of tax credits. 23
105105 44-48.4-9. Administration. 24
106106 The division of taxation shall adopt rules and regulations as are necessary to implement 25
107107 this chapter. 26
108108 44-48.4-10. Program integrity. 27
109109 Program integrity being of paramount importance, the division of taxation shall establish 28
110110 procedures to ensure ongoing compliance with the terms and conditions of the program established 29
111111 herein, including procedures to safeguard the expenditure of public funds and to ensure that the 30
112112 funds further the objectives of the program. 31
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116116 SECTION 2. This act shall take effect upon passage. 1
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123123 EXPLANATION
124124 BY THE LEGISLATIVE COUNCIL
125125 OF
126126 A N A C T
127127 RELATING TO TAXATION -- RHODE ISLAND WOMEN'S EQUITY INCENTIVE ACT OF
128128 2023
129129 ***
130130 This act would create the Rhode Island Women’s Equity Incentive Act of 2023 to address 1
131131 the inequities experienced by women in the workforce by offering tax credits up to three thousand 2
132132 five hundred dollars ($3,500) per employee, per year to eligible businesses. 3
133133 This act would take effect upon passage. 4
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