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5 | 5 | | 2025 -- S 0425 |
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6 | 6 | | ======== |
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7 | 7 | | LC000265 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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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 - AGREEMENT TO PHAS E OUT CORPORATE INCEN TIVES |
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16 | 16 | | COMPACT ACT |
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17 | 17 | | Introduced By: Senators Bell, Murray, Mack, Euer, and Quezada |
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18 | 18 | | Date Introduced: February 26, 2025 |
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19 | 19 | | Referred To: Senate Finance |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. Title 44 of the General Laws entitled "TAXATION" is hereby amended by 1 |
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24 | 24 | | adding thereto the following chapter: 2 |
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25 | 25 | | CHAPTER 72 3 |
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26 | 26 | | AGREEMENT TO PHASE OUT CORPORATE INCENTIVES COMPACT ACT 4 |
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27 | 27 | | 44-72-1. Membership. 5 |
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28 | 28 | | Any state of the United States and the District of Columbia may become a member of this 6 |
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29 | 29 | | agreement/compact by enacting this agreement in substantially the following form. 7 |
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30 | 30 | | 44-72-2. Definitions. 8 |
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31 | 31 | | As used in this chapter: 9 |
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32 | 32 | | (1) "Facility" means, but is not limited to, a headquarters, warehouse, outlet, affiliate, 10 |
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33 | 33 | | office, or production facility of a company. 11 |
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34 | 34 | | (2) "Party state" means a state that has enacted a statute agreeing to this compact. 12 |
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35 | 35 | | (3) "Political subdivision" means governmental branches, departments, agencies, counties, 13 |
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36 | 36 | | municipalities, special districts, as well as other governmental entities and quasi-governmental 14 |
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37 | 37 | | entities created by the authorization of law. 15 |
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38 | 38 | | (4) "Subsidy" means an economic benefit, direct or indirect, granted by a state government 16 |
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39 | 39 | | or any political subdivision, including, but not limited to, direct grants, tax consideration, favorable 17 |
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40 | 40 | | bonding status, special district status, or any other benefit that has the effect of reducing 18 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC000265 - Page 2 of 4 |
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44 | 44 | | governmental costs for a venture or class of ventures compared to others similarly situated, with 1 |
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45 | 45 | | the primary purpose or substantial effect of encouraging or maintaining within a state's or political 2 |
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46 | 46 | | subdivision's borders particular or specific classes of ventures in which private persons have a 3 |
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47 | 47 | | substantial financial or ownership interest. 4 |
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48 | 48 | | 44-72-3. Anti-poaching prohibition. 5 |
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49 | 49 | | When two (2) or more states have passed and signed the compact, the party state 6 |
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50 | 50 | | governments, or any political subdivision, shall not give a subsidy to a private enterprise for the 7 |
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51 | 51 | | purpose of selectively supporting a specific industry or company, or to entice a specific industry or 8 |
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52 | 52 | | company to relocate an existing facility from one party state to another party state or open a new 9 |
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53 | 53 | | facility. 10 |
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54 | 54 | | 44-72-4. Compact administrator and exchange of information. 11 |
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55 | 55 | | (1) The governor of each party state or the governor's designee is the compact 12 |
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56 | 56 | | administrator. 13 |
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57 | 57 | | (2) The compact administrator of each party state shall maintain an accurate list of all party 14 |
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58 | 58 | | states. 15 |
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59 | 59 | | (3) The compact administrator of each party state shall furnish to the compact administrator 16 |
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60 | 60 | | of each other party state any information or documents that are reasonably necessary to facilitate 17 |
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61 | 61 | | the administration of this compact. 18 |
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62 | 62 | | 44-72-5. Enforcement. 19 |
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63 | 63 | | The attorney general of each member party state shall enforce this compact. A taxpaying 20 |
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64 | 64 | | resident of any member party state has standing in the courts of any member party state to require 21 |
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65 | 65 | | the attorney general of that member party state to enforce this compact. 22 |
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66 | 66 | | 44-72-6. Construction and severability. 23 |
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67 | 67 | | This compact shall be liberally construed in order to effectuate its purposes. If any phrase, 24 |
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68 | 68 | | clause, sentence or provision of this compact, or the applicability of any phrase, clause, sentence 25 |
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69 | 69 | | or provision of this compact to any government, agency, person or circumstance is declared in a 26 |
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70 | 70 | | final judgment by a court of competent jurisdiction to be contrary to the Constitution of the United 27 |
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71 | 71 | | States or is otherwise held invalid, the validity of the remainder of this compact and the applicability 28 |
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72 | 72 | | of the remainder of this compact to any government, agency, person or circumstance shall not be 29 |
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73 | 73 | | affected. If this compact is held to be contrary to the constitution of any member party state, the 30 |
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74 | 74 | | compact shall remain in full force and effect as to the remaining member party states and in full 31 |
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75 | 75 | | force and effect as to the affected member party state as to all severable matters. 32 |
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76 | 76 | | |
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77 | 77 | | |
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78 | 78 | | LC000265 - Page 3 of 4 |
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79 | 79 | | SECTION 2. This act shall take effect upon passage. 1 |
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81 | 81 | | LC000265 |
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84 | 84 | | |
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85 | 85 | | LC000265 - Page 4 of 4 |
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86 | 86 | | EXPLANATION |
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87 | 87 | | BY THE LEGISLATIVE COUNCIL |
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88 | 88 | | OF |
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89 | 89 | | A N A C T |
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90 | 90 | | RELATING TO TAXATION - AGREEMENT TO PHAS E OUT CORPORATE INCENTIVES |
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91 | 91 | | COMPACT ACT |
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92 | 92 | | *** |
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93 | 93 | | This act would establish a compact agreement among at least two (2) states to prohibit the 1 |
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94 | 94 | | selective use of subsidies to an existing specific industry or company, entice relocation from one 2 |
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95 | 95 | | state to another state or to open a new facility. 3 |
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96 | 96 | | This act would take effect upon passage. 4 |
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98 | 98 | | LC000265 |
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