Title 42
State Affairs and Government

Chapter 64.6
Jobs Training Tax Credit Act

§ 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/or 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.