TITLE 42

State Affairs and Government

CHAPTER 42-64.6

Jobs Training Tax Credit Act

SECTION 42-64.6-3



   § 42-64.6-3  Definitions. –

As used in this chapter unless the context clearly requires otherwise:



   (1) "Election" means the election to be filed by a qualifying

employer with the human resource investment council.



   (2) "Qualifying employee" means an individual (other than an

employee who would be treated as a "highly compensated employee" under 26 U.S.C

§ 414(q) or any physician or veterinarian) employed by the employer who

works a minimum of thirty (30) hours per week within the state and earns or

shall earn immediately following the completion of the training and/retraining

program no less than one hundred fifty percent (150%) of the hourly minimum

wage prescribed by Rhode Island law.



   (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. The election shall set forth any

information that the human resource investment council shall require describing

the program and/or retraining employees, the duration of the program, an

estimate and description of the amounts to be spent to implement the program,

the nature of the program to be provided to employees, an estimate of the

number of the employees who shall be covered by the program and the

relationship, if any, of the employer to the party or parties offering the

program and the agreement of the employer to provide additional information

following the date of an election that shall be requested by the human resource

investment council.



   (4) "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. These expenses shall include all reasonable amounts paid by the

employer to public or private degree granting educational institutions or

directly to instructors to provide training and/or retraining and any other

reasonable direct cash expenses incurred by the employer to provide training

and/or retraining. The training and/or retraining, however, shall be provided

solely at one or more locations in this state unless the employer shall

establish that the training and/or retraining was not available at any location

in this state or that it could be obtained at another location at a lower price.



History of Section.

(P.L. 1996, ch. 229, § 1; P.L. 1996, ch. 255, § 1; P.L. 1997, ch. 8,

§ 1.)