R.I. Gen. Laws § 44-31.2-6.1 — Impact analysis and periodic reporting

(a) The film office shall not certify or approve any application under § 44-31.2-6 of this chapter until it has first prepared and publicly released an analysis of
the impact the proposed investment will or may have on the state. The analysis shall
be supported by appropriate data and documentation and shall consider, but not be
limited to, the following factors:
(i) The impact on the industry or industries in which the applicant will be involved;
(ii) State fiscal matters, including the state budget (revenues and expenses);
(iii) The financial exposure of the taxpayers of the state under the plans for the proposed
investment and negative foreseeable contingencies that may arise therefrom;
(iv) The approximate number of full-time, part-time, temporary, seasonal and/or permanent
jobs projected to be created, construction and non-construction;
(v) Identification of geographic sources of the staffing for identified jobs;
(vi) The projected duration of the identified construction jobs;
(vii) The approximate wage rates for each category of the identified jobs;
(viii) The types of fringe benefits to be provided with the identified jobs, including healthcare
insurance and any retirement benefits;
(ix) The projected fiscal impact on increased personal income taxes to the state of Rhode
Island; and
(x) The description of any plan or process intended to stimulate hiring from the host
community, training of employees or potential employees, and outreach to minority
job applicants and minority businesses.
(b) The film office shall monitor every impact analysis it completes through the duration
of any approved tax credit. Such monitoring shall include annual reports made available
to the public on the:
(1) Actual versus projected impact for all considered factors; and
(2) Verification of all commitments made in consideration of state incentives or aid.
(c) Upon its preparation and release of the analysis required by subsection (b) of this
section, the film office shall provide copies of that analysis to the chairpersons
of the house and senate finance committees, the house and senate fiscal advisors,
the department of labor and training and the division of taxation. Any such analysis
shall be available to the public for inspection by any person and shall by published
by the tax administrator on the tax division website. Annually thereafter, through
and including the second tax year after any taxpayer has applied for and received
a tax credit pursuant to this chapter, the department of labor and training shall
certify to the chairpersons of the house and senate finance committees, the house
and senate fiscal advisors, the corporation and the division of taxation that: (i)
the actual number of new full-time jobs with benefits created by the state-certified
production, not including construction jobs, is on target to meet or exceed the estimated
number of new jobs identified in the analysis above, and (ii) the actual number of
existing full-time jobs with benefits has not declined. For purposes of this section,
“full-time jobs with benefits” means jobs that require working a minimum of thirty
(30) hours per week within the state, with a median wage that exceeds by five percent
(5%) the median annual wage for full-time jobs in Rhode Island and within the taxpayer’s
industry, with a benefit package that includes healthcare insurance plus other benefits
typical of companies within the motion picture industry. The department of labor and
training shall also certify annually to the house and senate fiscal committee chairs,
the house and senate fiscal advisors, and the division of taxation that jobs created
by the state-certified production are “new jobs” in the state of Rhode Island, meaning
that the employees of the motion picture production company are in addition to, and
without a reduction of, those employees of the motion picture production company currently
employed in Rhode Island, are not relocated from another facility of the motion picture
production company in Rhode Island or are employees assumed by the motion picture
production company as the result of a merger or acquisition of a company already located
in Rhode Island. The certifications made by the department of labor and training shall
be available to the public for inspection by any person and shall be published by
the tax administrator on the tax division website.
(d) The film office, with the assistance of the motion picture production company, the
department of labor and training, the department of human services and the division
of taxation shall provide annually an analysis of whether any of the employees of
the motion picture production company has received RIte Care or RIte Share benefits
and the impact such benefits or assistance may have on the state budget. This analysis
shall be available to the public for inspection by any person and shall be published
by the tax administrator on the tax division website. Notwithstanding any other provision
of law or rule or regulation, the division of taxation, the department of labor and
training and the department of human services are authorized to present, review and
discuss project-specific tax or employment information or data with the film office,
the chairpersons of the house and senate finance committees, and/or the house and
senate fiscal advisors for the purpose of verification and compliance with this tax
credit reporting requirement.
(e) Any agreements or contracts entered into by the film office and the motion picture
production company shall be sent to the division of taxation and be available to the
public for inspection by any person and shall be published by the tax administrator
on the tax division website.
(f) By August 15th of each year the motion picture production company shall report the
source and amount of any bonds, grants, loans, loan guarantees, matching funds or
tax credits received from any state governmental entity, state agency or public agency
as defined in § 37-2-7 received during the previous state fiscal year. This annual report shall be sent
to the division of taxation and be available to the public for inspection by any person
and shall be published by the tax administrator on the tax division website.
(g) By August 15 of each year the division of taxation shall report the name, address,
and amount of tax credit received for each motion picture production company during
the previous state fiscal year to the film office, the chairpersons of the house and
senate finance committees, the house and senate fiscal advisors, the department of
labor and training and the division of taxation. This report shall be available to
the public for inspection by any person and shall be published by the tax administrator
on the tax division website.
(h) On or before September 1, 2011, and every September 1 thereafter, the project lessee
shall file an annual report with the tax administrator. Said report shall contain
each full-time equivalent, part-time or seasonal employee’s name, social security
number, date of hire, and hourly wage as of the immediately preceding July 1 and such
other information deemed necessary by the tax administrator. The report shall be filed
on a form and in a manner prescribed by the tax administrator.