=======

art.009/12/009/11/009/10/009/9/009/8/009/7/009/6/009/5/009/4/009/3/009/2/009/1

=======

     ARTICLE 9

RELATING TO ECONOMIC DEVELOPMENT

     SECTION 1. Section 21-27-1 of the Rhode Island General Laws in Chapter 21-27 entitled

"Sanitation in Food Establishments" is hereby amended to read as follows:

     21-27-1. Definitions.

     Unless otherwise specifically provided in this chapter, the following definitions apply to

this chapter:

     (1) "Approved" means approved by the director.

     (2) "Commissary" means a central processing establishment where food is prepared for

sale or service off the premises or by mobile vendor an operating base location to which a mobile

food establishment or transportation vehicle returns regularly for such things as food preparation,

food storage, vehicle and equipment cleaning, discharging liquid or solid wastes, refilling water

tanks and ice bins.

     (3) "Cottage food manufacture" means the production in accordance with the requirements

of § 21-27-6.2 of allowable foods for retail sale directly to the consumer in a residential kitchen or

a rented commercial kitchen licensed by the department.

     (4) "Cultural heritage education facility" means a facility for up to ten (10 individuals who,

for a fee, participate in the preparation and consumption of food, limited to an owner-occupied site

documented to be at least one hundred and fifty (150) years old and whose drinking water shall be

obtained from an approved source which meets all of the requirements of chapter 46-13.

     (3) (5) "Department" means the department of health.

     (4) (6) "Director" means the director of health or the director's duly appointed agents.

     (5) (7) "Farmers market" means a market where two (2) or more farmers are selling produce

exclusively grown on their own farms on a retail basis to consumers. Excluded from this term is

any market where farmers or others are selling produce at wholesale and/or any market in which

any individual is selling produce not grown on his or her own farm.

     (6) (8) "Farm home food manufacture" means the production in accordance with the

requirements of § 21-27-6.1 of food for retail sale in a residential kitchen on a farm which produces

agricultural products for human consumption and the operator of which is eligible for exemption

from the sales and use tax in accordance with § 44-18-30(32).

     (7) (9) "Food" means: (i) articles used for food or drink for people or other animals, (ii)

chewing gum, and (iii) articles used for components of any food or drink article.

     (8) (10) "Food business" means and includes any establishment or place, whether fixed or

mobile, where food or ice is held, processed, manufactured, packaged, prepared, displayed, served,

transported, or sold.

     (9) (11) "Food service establishment" means any fixed or mobile restaurant, coffee shop,

cafeteria, short-order cafe, luncheonette, grill, tearoom, sandwich shop, soda fountain, tavern; bar,

cocktail lounge, night club, roadside stand, industrial feeding establishment, cultural heritage

education facility, private, public or nonprofit organization or institution routinely serving food,

catering kitchen, commissary or similar place in which food or drink is prepared for sale or for

service on the premises or elsewhere, and any other eating or drinking establishment or operation

where food is served or provided for the public with or without charge.

     (10) (12) "Mobile food service unit" means a unit that prepares and/or sells food products

for direct consumption.

     (13) "Operator" in relation to food vending machines means any person who by contract,

agreement, lease, rental, or ownership sells food from vending machines.

     (11) (14) "Person" means any individual, firm, co-partnership, association, or private or

municipal corporation.

     (12) (15) "Processor" means one who combines, handles, manufactures or prepares,

packages, and stores food products.

     (13) "Operator" in relation to food vending machines means any person who by contract,

agreement, lease, rental, or ownership sells food from vending machines.

     (14) (16) "Retail" means when eighty percent (80%) or more of sales are made directly to

consumers.

     (15) (17) "Retail peddler" means a food business which sells meat, seafood, and dairy

products directly to the consumer, house to house or in a neighborhood.

     (16) (18) "Roadside farmstand" means a stand or location adjacent to a farm where produce

grown only on that farm is sold at the time of harvest.

     (17) (19) "Vending machine site or location" means the room, enclosure, space, or area

where one or more vending machines are installed and/or operated.

     (18) (20) "Warehouse" means a place for the storage of dried, fresh, or frozen food or food

products, not including those areas associated within or directly part of a food service establishment

or retail market.

     (19) (21) "Wholesale" means when eighty percent (80%) or more of the business is for

resale purposes.

     (20) "Cultural heritage education facility" means a facility for up to ten (10) individuals

who, for a fee, participate in the preparation and consumption of food, limited to an owner-occupied

site documented to be at least one hundred fifty (150) years old and whose drinking water shall be

obtained from an approved source which meets all of the requirements of chapter 46-13.

     SECTION 2. Chapter 21-27 of the Rhode Island General Laws entitled "Sanitation in Food

Establishments" is hereby amended by adding thereto the following section:

     21-27-6.2. Cottage food manufacture.

     Notwithstanding the other provisions of this chapter, the department of health shall register

cottage food manufacture and the sale of the products of cottage food manufacture direct to

consumers whether by pickup or delivery within the state, provided that the requirements of this

section are met.

     (1) The cottage food products shall be produced in a kitchen that is on the premises of a

home and meets the standards for kitchens as provided for in minimum housing standards, adopted

pursuant to chapter 24.2 of title 45 and the Housing Maintenance and Occupancy Code, adopted

pursuant to chapter 24.3 of title 45, and in addition the kitchen shall:

     (i) Be equipped at minimum with either a two (2) compartment sink or a dishwasher that

reaches one hundred fifty (150) degrees Fahrenheit after the final rinse and drying cycle and a one

compartment sink;

     (ii) Have sufficient area or facilities, such as portable dish tubs and drain boards, for the

proper handling of soiled utensils prior to washing and of cleaned utensils after washing so as not

to interfere with safe food handling; equipment, utensils, and tableware shall be air dried;

     (iii) Have drain boards and food preparation surfaces that shall be of a nonabsorbent,

corrosion resistant material such as stainless steel, formica or other chip resistant, nonpitted surface;

     (iv) Have self-closing doors for bathrooms that open directly into the kitchen;

     (v) If the home is on private water supply, the water supply must be tested once per year;

     (vi) Notwithstanding this subsection, the cottage food products may also be produced in a

commercial kitchen licensed by the department and is leased or rented by the cottage food registrant

provided that a record be maintained as to the dates the commercial kitchen was used and that

ingredients used in the production of cottage foods are transported according to applicable food

safety standards and regulations promulgated by the department.

     (2) The cottage food products are prepared and produced ready for sale under the following

conditions:

     (i) Pets are kept out of food preparation and food storage areas at all times;

     (ii) Cooking facilities shall not be used for domestic food purposes while cottage food

products are being prepared;

     (iii) Garbage is placed and stored in impervious covered receptacles before it is removed

from the kitchen, which removal shall be at least once each day that the kitchen is used for cottage

food manufacture;

     (iv) Any laundry facilities which may be in the kitchen shall not be used during cottage

food manufacture;

     (v) Recipe(s) for each cottage food product with all the ingredients and quantities listed,

and processing times and procedures, are maintained in the kitchen for review and inspection;

     (vi) An affixed label that contains:

     (A) Name, address, and telephone number;

     (B) The ingredients of the cottage food product, in descending order of predominance by

weight or volume;

     (C) Allergen information, as specified by federal and state labeling requirements, such as

milk, eggs, tree nuts, peanuts, wheat, and soybeans; and

     (D) The following statement printed in at least ten-point type in a clear and conspicuous

manner that provides contrast to the background label: "Made by a Cottage Food Business

Registrant that is not Subject to Routine Government Food Safety Inspection," unless products have

been prepared in a commercial kitchen licensed by the department.

     (3) Cottage food manufacture shall be limited to the production of baked goods that do not

require refrigeration or time/temperature control for safety, including but not limited to:

     (i) Double crust pies;

     (ii) Yeast breads;

     (iii) Biscuits, brownies, cookies, muffins; and

     (iv) Cakes that do not require refrigeration or temperature-controlled environment; and

     (v) Other goods as defined by the department.

     (4) Each cottage food manufacturer shall be registered with the department of health and

shall require a notarized affidavit of compliance, in any form that the department may require, from

the applicant that the requirements of this section have been met and the operation of the kitchen

shall be in conformity with the requirements of this section. Prior to the initial registration, each

cottage food manufacturer is required to successfully complete a Food Safety Manager Course, any

American Standards Institute approved food handler course, or any other course approved by the

department. A certificate of registration shall be issued by the department upon the payment of a

fee as set forth in § 23-1-54 and the submission of an affidavit of compliance. The certificate of

registration shall be valid for one year after the date of issuance; provided, however, that the

certificate may be revoked by the director at any time for noncompliance with the requirements of

the section. The certificate of registration, with a copy of the affidavit of compliance, shall be kept

in the kitchen where the cottage food manufacture takes place. The director of health shall have the

authority to develop and issue a standard form for the affidavit of compliance to be used by persons

applying for a certificate of registration; the form shall impose no requirements or certifications

beyond those set forth in this section and § 21-27-1(6). No certificates of registration shall be issued

by the department prior to November 1, 2022.

     (5) No such operation shall engage in consignment or wholesale sales. The following

additional locational sales by any such cottage food operation shall be prohibited: (1) Grocery

stores; (2) restaurants; (3) long-term care facilities; (4) group homes; (5) day care facilities; and (6)

schools. Advertising and sales by Internet, mail and phone are permissible, provided the cottage

food licensee or their designee shall deliver, in person, to the customer within the state.

     (6) Total annual gross sales for a cottage food operation shall not exceed fifty thousand

dollars ($50,000) per calendar year. If annual gross sales exceed the maximum annual gross sales

amount allowed, the cottage food registrant shall either obtain food processor license or cease

operations. The director of health shall request documentation to verify the annual gross sales figure

of any cottage food operation.

     (7) Sales on all cottage foods are subject to applicable sales tax pursuant to § 44-18-7.

     (8) The director of health or designee may inspect a cottage food operation at any time to

ensure compliance with the provisions of this section. Nothing in this section shall be construed to

prohibit the director of health or designee of the director from investigating the registered area of a

cottage food operation in response to a foodborne illness outbreak, consumer complaint or other

public health emergency.

     SECTION 3. Section 23-1-54 of the Rhode Island General Laws in Chapter 23-1 entitled

"Health and Safety" is hereby amended to read as follows:

     23-1-54. Fees payable to the department of health.

     Fees payable to the department shall be as follows:

PROFESSION RIGL Section Description of Fee FEE

Barbers/hairdressers 5-10-10(a) Renewal application $25.00

Barbers/hairdressers 5-10-10(a) Renewal application:

Manicuring Instructors and manicurists $25.00

Barbers/hairdressers 5-10-10(b) Minimum late renewal fee $25.00

Barbers/hairdressers 5-10-10(b) Maximum late renewal fee $100.00

Barbers/hairdressers 5-10-11[c] Application fee $25.00

Barbers/hairdressers 5-10-11[c] Application fee: manicuring

Instructors and manicurists $25.00

Barbers/hairdressers 5-10-13 Demonstrator's permit $90.00

Barbers/hairdressers 5-10-15 Shop license: initial $170.00

Barbers/hairdressers 5-10-15 Shop license: renewal $170.00

Veterinarians 5-25-10 Application fee $40.00

Veterinarians 5-25-11 Examination fee $540.00

Veterinarians 5-25-12(a) Renewal fee $580.00

Veterinarians 5-25-12[c] Late renewal fee $120.00

Podiatrists 5-29-7 Application fee $240.00

Podiatrists 5-29-11 Renewal fee: minimum $240.00

Podiatrists 5-29-11 Renewal fee: maximum $540.00

Podiatrists 5-29-13 Limited registration $65.00

Podiatrists 5-29-14 Limited registration:

Academic faculty $240.00

Podiatrists 5-29-14 Application fee:

Renewal minimum $240.00

Podiatrists 5-29-14 Application fee:

Renewal maximum $440.00

Chiropractors 5-30-6 Examination fee: $210.00

Chiropractors 5-30-7 Examination exemption fee: $210.00

Chiropractors 5-30-8(b) Exam Physiotherapy $210.00

Chiropractors 5-30-8(b) Exam chiro and physiotherapy $210.00

Chiropractors 5-30-12 Renewal fee $210.00

Dentists/dental hygienists 5-31.1-6(d) Dentist: application fee $965.00

Dentists/dental hygienists 5-31.1-6(d) Dental hygienist: application fee $65.00

Dentists/dental hygienists 5-31.1-6(d) Reexamination: dentist $965.00

Dentists/dental hygienists 5-31.1-6(d) Reexamination: hygienist $65.00

Dentists/dental hygienists 5-31.1-21(b) Reinstatement fee dentist $90.00

Dentists/dental hygienists 5-31.1-21(b) Reinstatement fee hygienist $90.00

Dentists/dental hygienists 5-31.1-21(c) Inactive status: dentist $220.00

Dentists/dental hygienists 5-31.1-21(c) Inactive status: hygienist $40.00

Dentists/dental hygienists 5-31.1-22 Limited registration $65.00

Dentists/dental hygienists 5-31.1-23[c] Limited reg:

Academic faculty $965.00

Dentists/dental hygienists 5-31.1-23[c] Limited reg:

Academic faculty renewal $500.00

Electrolysis 5-32-3 Application fee $25.00

Electrolysis 5-32-6(b) Renewal fee $25.00

Electrolysis 5-32-7 Reciprocal license fee $25.00

Electrolysis 5-32-17 Teaching license $25.00

Funeral directors/embalmers 5-33.2-12 Funeral establishment license $120.00

Funeral services establishments

Funeral directors/embalmers 5-33.2-15 Renewal: funeral/director $90.00

Funeral services establishments embalmer $30.00

Funeral directors/embalmers 5-33.2-12 Funeral branch ofc license $90.00

Funeral directors/embalmers 5-33.2-13.1 Crematories: application fee $120.00

Funeral services establishments

Funeral directors/embalmers 5-33.2-15 Renewal: funeral/director $120.00

Funeral Svcs establishments establishment

Funeral directors/embalmers 5-33.2-15 Additional branch office

Funeral services Establishments licenses $120.00

Funeral directors/embalmers 5-33.2-15 Crematory renewal fee

Funeral svcs establishments $120.00

Funeral directors/embalmers 5-33.2-15 Late renewal fee

Funeral svcs establishments (All license types) $25.00

Funeral directors/embalmers 5-33.2-16(a) Intern registration fee

Funeral Services establishments $25.00.

Nurses 5-34-12 RN Application fee $135.00

Nurses 5-34-16 LPN Application fee $45.00

Nurses 5-34-19 Renewal fee: RN $135.00

Nurses 5-34-19 Renewal fee: LPN $45.00

Nurses 5-34-37 RNP application fee $80.00

Nurses 5-34-37 RNP renewal fee $80.00

Nurses 5-34-37 RNP prescriptive privileges $65.00

Nurses 5-34-40.3 Clin nurse spec application $80.00

Nurses 5-34-40.3 Clin nurse spec renewal $80.00

Nurses 5-34-40.3 Clin nurse spec Rx privilege $65.00

Nurse anesthetists 5-34.2-4(a) CRNA application fee $80.00

Nurse anesthetists 5-34.2-4(b) CRNA renewal fee $80.00

Optometrists 5-35.1-4 Application fee $280.00

Optometrists 5-35.1-7 Renewal fee $280.00

Optometrists 5-35.1-7 Late fee $90.00

Optometrists 5-35.1-7 Reactivation of license fee $65.00

Optometrists 5-35.1-19(b) Violations of section $650.00

Optometrists 5-35.1-20 Violations of chapter $260.00

Opticians 5-35.2-3 Application fee $30.00

Physicians 5-37-2 Application fee $1,090.00

Physicians 5-37-2 Re-examination fee $1,090.00

Physicians 5-37-10(b) Late renewal fee $170.00

Physicians 5-37-16 Limited registration fee $65.00

Physicians 5-37-16.1 Ltd reg: academic faculty $600.00

Physicians 5-37-16.1 Ltd reg: academic Faculty renewal $170.00

Acupuncture 5-37.2-10 Application fee $310.00

Acupuncture 5-37.2-13(4) Acupuncture assistant $310.00

Licensure fee $170.00

Social workers 5-39.1-9 Application fee $70.00

Social workers 5-39.1-9 Renewal fee $70.00

Physical therapists 5-40-8 Application fee $155.00

Physical therapists 5-40-8.1 Application: physical therapy

assistants $50.00

Physical therapists 5-40-10(a) Renewal fee: Physical therapists $155.00

Physical therapists 5-40-10(a) Renewal fee: Physical therapy

assistants $50.00

Physical therapists 5-40-10[c] Late renewals $50.00

Occupational therapists 5-40.1-12(2) Renewal fee $140.00

Occupational therapists 5-40.1-12(5) Late renewal fee $50.00

Occupational therapists 5-40.1-12(b) Reactivation fee $140.00

Occupational therapists 5-40.1-13 Application fee $140.00

Psychologists 5-44-12 Application fee $230.00

Psychologists 5-44-13 Temporary permit $120.00

Psychologists 5-44-15[c] Renewal fee $230.00

Psychologists 5-44-15(e) Late renewal fee $50.00

Nursing home administrators 5-45-10 Renewal fee $160.00

Speech pathologist/audiologists 5-48-1(14) Speech lang support personnel:

late filing $90.00

Speech pathologist/audiologists 5-48-9(a) Application fee: Audiologist $65.00

Speech pathologist/audiologists 5-48-9(a) Application fee:

Speech Pathologist $145.00

Speech pathologist/audiologists 5-48-9(a) Renewal fee: Audiologist $65.00

Speech pathologist/audiologists 5-48-9(a) Renewal fee: Speech Pathologist $145.00

Speech pathologist/audiologists 5-48-9(a) Provisional license: renewal fee $65.00

Speech pathologist/audiologists 5-48-9(b) Late renewal fee $50.00

Speech pathologist/audiologists 5-48-9(d)(1) Reinstatement fee: audiologist $65.00

Speech pathologist/audiologists 5-48-9(d)(1) Reinstatement fee: audiologist $65.00

speech pathologists $145.00

personnel: late filing $65.00

Hearing aid dealers/fitters 5-49-6(a) License endorsement Examination fee $25.00

Hearing aid dealers/fitters 5-49-8(b) Temporary permit fee $25.00

Hearing aid dealers/fitters 5-49-8(d) Temporary permit renewal fee $35.00

Hearing aid dealers/fitters 5-49-11(a)(1) License fee $25.00

Hearing aid dealers/fitters 5-49-11(b) License renewal fee $25.00

Hearing aid dealers/fitters 5-49-11[c] License renewal late fee $25.00

Physician assistants 5-54-9(4) Application fee $110.00

Physician assistants 5-54-11(b) Renewal fee $110.00

Orthotics/prosthetic practice 5-59.1-5 Application fee $120.00

Orthotics/prosthetic practice 5-59.1-12 Renewal fee $120.00

Athletic trainers 5-60-11 Application fee $60.00

Athletic trainers 5-60-11 Renewal fee $60.00

Athletic trainers 5-60-11 Late renewal fee $25.00

Mental health counselors 5-63.2-16 Application fee: Marriage

Marriage and family therapists Family therapist $130.00

Mental health counselors 5-63.2-16 Application fee: Mental

Marriage and family therapists Health counselors $70.00

Mental health counselors 5-63.2-16 Reexamination fee:

Marriage and family therapists Marriage/family therapist $130.00

Mental health counselors 5-63.2-16 Reexamination fee:

Marriage and family therapists Mental health counselors $70.00

Mental health counselors 5-63.2-17(a) Renewal fee: Marriage

Marriage and Family therapists Family therapist $130.00

Mental health counselors 5-63.2-17(a) Renewal fee:

Marriage and Family therapist Mental health counselor $50.00

Mental health counselors 5-63.2-17(b) Late renewal fee

Marriage and Family therapist Marriage and family therapist $90.00

Dieticians 5-64-6(b) Application fee $75.00

Dieticians 5-64-7 Graduate status: Application fee: $75.00

Dieticians 5-64-8 Renewal fee $75.00

Dieticians 5-64-8 Reinstatement fee $75.00

Radiologic technologists 5-68.1-10 Application fee maximum $190.00

Licensed chemical dependency 5-69-9 Application fee $75.00

professionals

Licensed chemical dependency 5-69-9 Renewal fee $75.00

professionals

Licensed chemical 5-69-9 Application fee $75.00

Licensed chemical dependency 5-69-9 Application fee $75.00

clinical supervisor

Licensed chemical dependency 5-69-9 Renewal fee $75.00

clinical supervisor

Deaf interpreters 5-71-8(a)(3) License fee maximum $25.00

Deaf interpreters 5-71-8(a)(3) License renewal fee $25.00

Milk producers 21-2-7(g)(1) In-state milk processor $160.00

Milk producers 21-2-7(g)(2) Out-of-state milk processor $160.00

Milk producers 21-2-7(g)(3) Milk distributors $160.00

Frozen desserts 21-9-3(1) In-state wholesale $550.00

Frozen desserts 21-9-3(2) Out-of-state wholesale $160.00

Frozen desserts 21-9-3(3) Retail frozen dess processors $160.00

Meats 21-11-4 Wholesale $160.00

Meats 21-11-4 Retail $40.00

Shellfish packing houses 21-14-2 License fee: Shipper/reshipper $320.00

Shellfish packing houses 21-14-2 License fee: Shucker packer/repacker $390.00

Non-alcoholic bottled beverages,

drinks & juices 21-23-2 Bottler permit $550.00

Non-alcoholic bottled beverages,

drinks and juices 21-23-2 Bottle apple cider fee $60.00

Farm home food manufacturers 21-27-6.1(4) Registration fee $65.00

Cottage Food Manufacturers 21-27-6.2(4) Registration fee $65.00

Food businesses 21-27-10(e)(1) Food processors wholesale $300.00

Food businesses 21-27-10(e)(2) Food processors retail $120.00

Food businesses 21-27-10(e)(3) Food service establishments

50 seats or less $160.00

Food businesses 21-27-10(e)(3) Food service establishments

more than 50 seats $240.00

Food businesses 21-27-10(e)(3) Mobile food service units $100.00

Food businesses 21-27-10(e)(3) Industrial caterer or food vending

Machine commissary $280.00

Food businesses 21-27-10(e)(3) Cultural heritage educational Facility $80.00

Food businesses 21-27-10(e)(4) Vending Machine Location

3 units or less $50.00

Food businesses 21-27-10(e)(4) Vending Machine Location

4-10 units $100.00

Food businesses 21-27-10(e)(4) Vending Machine Location =

11 units $120.00

Food businesses 21-27-10(e)(5) Retail Mkt 1-2 cash registers $120.00

Food businesses 21-27-10(e)(5) Retail Market 3-5 cash registers $240.00

Food businesses 21-27-10(e)(5) Retail Market = 6 Cash registers $510.00

Food businesses 21-27-10(e)(6) Retail food peddler $100.00

Food businesses 21-27-10(e)(7) Food warehouses $190.00

Food businesses 21-27-11.2 Certified food safety mgr $50.00

License verification fee 23-1-16.1 All license types $50.00

Tattoo and body piercing 23-1-39 Annual registration fee: Person $90.00

Tattoo and body piercing 23-1-39 Annual registration fee: establishment $90.00

Vital records 23-3-25(a)(1) Certificate of birth, fetal death,

death, marriage, birth, or

Certification that such record

Cannot be found $20.00

Vital records 23-3-25(a)(1) Each duplicate of certificate of

birth, fetal death, death,

marriage, birth, or certification

that such record cannot be found $15.00

Vital records 23-3-25(a)(2) Each additional calendar year

Search, if within 3 months of

original search and if receipt of

original search presented $2.00

Vital records 23-3-25(a)(3) Expedited service $7.00

Vital records 23-3-25(a)(4) Adoptions, legitimations, or

Paternity determinations $15.00

Vital records 23-3-25(a)(5) Authorized corrections,

Alterations, and additions $10.00

Vital records 23-3-25(a)(6) Filing of delayed record and

Examination of documentary Proof $20.00

Vital records 23-3-25(a)(6) Issuance of certified copy of a

delayed record $20.00

Medical Examiner 23-4-13 Autopsy reports $40.00

Medical Examiner 23-4-13 Cremation certificates and statistics $30.00

Medical Examiner 23-4-13 Testimony in civil suits:

Minimum/day $650.00

Medical Examiner 23-4-13 Testimony in civil suits:

Maximum/day $3,250.00

Emergency medical technicians 23-4.1-10[c] Annual fee: ambulance

service maximum $540.00

Emergency medical technicians 23-4.1-10[c] Annual fee: vehicle license

maximum $275.00

Emergency medical technicians 23-4.1-10[c] Triennial fee: EMT license

maximum $120.00

Emergency medical technicians 23-4.1-10(c)(2) Exam fee maximum: EMT $120.00

Emergency medical technicians 23-4.1-10(c)(2) Vehicle inspection maximum $190.00

Clinical laboratories 23-16.2-4(a) Clinical laboratory license per

specialty $650.00

Clinical laboratories 23-16.2-4(a) Laboratory station license $650.00

Clinical laboratories 23-16.2-4(b) Permit fee $70.00

Health care facilities 23-17-38 Hospital: base fee annual $16,900.00

Health care facilities 23-17-38 Hospital: annual per bed fee $120.00

Health care facilities 23-17-38 ESRD: annual fee $3,900.00

Health care facilities 23-17-38 Home nursing care/home

Care providers $650.00

Health care facilities 23-17-38 OACF: annual fee $650.00

Assisted living residences/

administrators 23-17.4-15.2(d) License application fee: $220.00

Assisted living residences/

administrators 23-17.4-15.2(d) License renewal fee: $220.00

Assisted living residences 23-17.4-31 Annual facility fee: base $330.00

Assisted living residences 23-17.4-31 Annual facility per bed $70.00

Nursing assistant registration 23-17.9-3 Application: competency

evaluation training program

maximum $325.00

Nursing assistant registration 23-17.9-5 Application fee $35.00

Nursing assistant registration 23-17.9-5 Exam fee: skills proficiency $170.00

Nursing assistant registration 23-17.9-6 Registration fee $35.00

Nursing assistant registration 23-17.9-7 Renewal fee $35.00

Sanitarians 23-19.3-5(a) Registration fee $25.00

Sanitarians 23-19.3-5(b) Registration renewal $25.00

Massage therapy 23-20.8-3(e) Massage therapist appl fee $65.00

Massage therapy 23-20.8-3(e) Massage therapist renewal fee $65.00

Recreational facilities 23-21-2 Application fee $160.00

Swimming pools 23-22-6 Application license: first pool $250.00

Swimming pools 23-22-6 Additional pool fee at same location $75.00

Swimming pools 23-22-6 Seasonal application license:

first pool $150.00

Swimming pools 23-22-6 Seasonal additional pool fee at

same location $75.00

Swimming pools 23-22-6 Year-round license for non-profit $25.00

Swimming pools 23-22-10 Duplicate license $2.00

Swimming pools 23-22-12 Penalty for violations $50.00

Respiratory care practitioners 23-39-11 Application fee $60.00

Respiratory care practitioners 23-39-11 Renewal fee $60.00

     SECTION 4. Section 42-64.20-10 of the General Laws in Chapter 42-64.20 entitled

"Rebuild Rhode Island Tax Credit" is hereby amended to read as follows:

     42-64.20-10. Sunset.

     No credits shall be authorized to be reserved pursuant to this chapter after December 31,

2022 2023.

     SECTION 5. Section 42-64.21-9 of the General Laws in Chapter 42-64.21 entitled "Rhode

Island Tax Increment Financing" is hereby amended to read as follows:

     42-64.21-9. Sunset.

     The commerce corporation shall enter into no agreement under this chapter after December

31, 2022 2023.

     SECTION 6. Section 42-64.22-15 of the General Laws in Chapter 42-64.22 entitled "Tax

Stabilization Incentive" is hereby amended to read as follows:

     42-64.22-15. Sunset.

     The commerce corporation shall enter into no agreement under this chapter after December

31, 2022 2023.

     SECTION 7. Section 42-64.23-8 of the General Laws in Chapter 42-64.23 entitled "First

Wave Closing Fund Act" is hereby amended to read as follows:

     42-64.23-8. Sunset.

     No financing shall be authorized to be reserved pursuant to this chapter after December 31,

2022 2023.

     SECTION 8. Section 42-64.24-8 of the General Laws in Chapter 42-64.24 entitled "I-195

Redevelopment Project Fund Act" is hereby amended as follows:

     42-64.24-8. Sunset.

     No funding, credits, or incentives shall be authorized or authorized to be reserved pursuant

to this chapter after December 31, 2022 2023.

     SECTION 9. Section 42-64.25-14 of the General Laws in Chapter 42-64.25 entitled "Small

Business Assistance Program Act" is hereby amended as follows:

     42-64.25-14. Sunset.

     No grants, funding, or incentives shall be authorized pursuant to this chapter after

December 31, 2022 2023.

     SECTION 10. Sections 42-64.26-3, 42-64.26-4, 42-64.26-5 and 42-64.26-12 of the

General Laws in Chapter 42-64.26 entitled "Stay Invested in RI Wavemaker Fellowship" are hereby

amended to read as follows:

     42-64.26-3. Definitions.

     As used in this chapter:

     (1) "Eligible graduate" means an individual who meets the eligibility requirements under

this chapter.

     (2) "Applicant" means an eligible graduate who applies for a tax credit for education loan

repayment expenses under this chapter.

     (3) "Award" means a tax credit awarded by the commerce corporation to an applicant as

provided under this chapter.

     (4) "Taxpayer" means an applicant who receives a tax credit under this chapter.

     (5) "Commerce corporation" means the Rhode Island commerce corporation established

pursuant to chapter 64 of title 42.

     (6) "Eligible expenses" or "education loan repayment expenses" means annual higher

education loan repayment expenses, including, without limitation, principal, interest and fees, as

may be applicable, incurred by an eligible graduate and which the eligible graduate is obligated to

repay for attendance at a postsecondary institution of higher learning.

     (7) "Eligibility period" means a term of up to four (4) consecutive service periods beginning

with the date that an eligible graduate receives initial notice of award under this chapter and

expiring at the conclusion of the fourth service period after such date specified.

     (8) "Eligibility requirements" means the following qualifications or criteria required for an

applicant to claim an award under this chapter:

     (i) That the applicant shall have graduated from an accredited two (2) year, four (4) year

or graduate postsecondary institution of higher learning with an associate's, bachelor's, graduate, or

post-graduate degree and at which the applicant incurred education loan repayment expenses;

     (ii) That the applicant shall be a full-time employee with a Rhode Island-based employer

located in this state throughout the eligibility period, whose employment is for work in one or more

of the following covered fields: life, natural or environmental sciences; computer, information or

software technology; advanced mathematics or finance; engineering; industrial design or other

commercially related design field; or medicine or medical device technology.

     (9) "Full-time employee" means a person who is employed by a business for consideration

for a minimum of at least thirty-five (35) hours per week, or who renders any other standard of

service generally accepted by custom or practice as full-time employment, or who is employed by

a professional employer organization pursuant to an employee leasing agreement between the

business and the professional employer organization for a minimum of thirty-five (35) hours per

week, or who renders any other standard of service generally accepted by custom or practice as

full-time employment, and whose wages are subject to withholding.

     (10) "Healthcare applicant" means any applicant that meets the eligibility requirements and

works as a full-time employee as a high-demand healthcare practitioner or mental health

professional, including, but not limited to, clinical social workers and mental health counselors

licensed by the department of health, and as defined in regulations to be promulgated by the

commerce corporation, in consultation with the executive office of health and human services,

pursuant to chapter 35 of this title.

     (1011) "Service period" means a twelve (12) month period beginning on the date that an

eligible graduate receives initial notice of award under this chapter.

     (1112) "Student loan" means a loan to an individual by a public authority or private lender

to assist the individual to pay for tuition, books, and living expenses in order to attend a

postsecondary institution of higher learning.

     (1213) "Rhode Island-based employer" means (i) an employer having a principal place of

business or at least fifty-one percent (51%) of its employees located in this state; or (ii) an employer

registered to conduct business in this state that reported Rhode Island tax liability in the previous

tax year.

     (1314) "STEM/designFund fund" refers to the "Stay Invested in RI Wavemaker Fellowship

Fund" established pursuant to § 42-64.26-4(a).

     (15) "Healthcare fund" refers to the "Healthcare Stay Invested in RI Wavemaker

Fellowship Fund" established pursuant to § 42-64.26-4(b).

     42-64.26-4. Establishment of fund -- Purposes -- Composition.

     (a) There is hereby established the "Stay Invested in RI Wavemaker Fellowship Fund" (the

"fund") to be administered by the commerce corporation as set forth in this chapter.

     (b) There is hereby established the "Healthcare Stay Invested in RI Wavemaker Fellowship

Fund" to be administered by the commerce corporation as set forth in this chapter.

     (bc) The purpose of the fund STEM/design fund and healthcare fund is to expand

employment opportunities in the state and to retain talented individuals in the state by providing

tax credits in relation to education loan repayment expenses to applicants who meet the eligibility

requirements under this chapter.

     (cd) The fund STEM/design fund and healthcare fund shall consist of:

     (1) Money appropriated in the state budget to the fund;

     (2) Money made available to the fund through federal programs or private contributions;

and

     (3) Any other money made available to the fund.

     (de) The fund STEM/design fund shall be used to pay for the redemption of tax credits or

reimbursement to the state for tax credits applied against a taxpayer's the tax liability of any non-

healthcare applicant that received an award. The healthcare fund shall be used to pay for the

redemption of tax credits or reimbursement to the state for tax credits applied against the tax

liability of any healthcare applicant that received an award on or after July 1, 2022. The fund funds

shall be exempt from attachment, levy or any other process at law or in equity. The director of the

department of revenue shall make a requisition to the commerce corporation for funding during

any fiscal year as may be necessary to pay for the redemption of tax credits presented for

redemption or to reimburse the state for tax credits applied against a taxpayer's tax liability. The

commerce corporation shall pay from the funds such amounts as requested by the director of the

department of revenue necessary for redemption or reimbursement in relation to tax credits granted

under this chapter.

     42-64.26-5. Administration.

     (a) Application. An eligible graduate claiming an award under this chapter shall submit to

the commerce corporation an application in the manner that the commerce corporation shall

prescribe.

     (b) Upon receipt of a proper application from an applicant who meets all of the eligibility

requirements, the commerce corporation shall select applicants on a competitive basis to receive

credits for up to a maximum amount for each service period of one thousand dollars ($1,000) for

an associate's degree holder, four thousand dollars ($4,000) for a bachelor's degree holder, and six

thousand dollars ($6,000) for a graduate or post-graduate degree holder, but not to exceed the

education loan repayment expenses incurred by such taxpayer during each service period

completed, for up to four (4) consecutive service periods provided that the taxpayer continues to

meet the eligibility requirements throughout the eligibility period. The commerce corporation shall

delegate the selection of the applicants that are to receive awards to a fellowship committee to be

convened by the commerce corporation and promulgate the selection procedures the fellowship

committee will use, which procedures shall require that the committee's consideration of

applications be conducted on a name-blind and employer-blind basis and that the applications and

other supporting documents received or reviewed by the fellowship committee shall be redacted of

the applicant's name, street address, and other personally-identifying information as well as the

applicant's employer's name, street address, and other employer-identifying information. The

commerce corporation shall determine the composition of the fellowship committee and the

selection procedures it will use in consultation with the state's chambers of commerce.

Notwithstanding the foregoing, the commerce corporation shall create and establish a committee

to evaluate any healthcare applicant for an award in the same manner as prescribed in this

paragraph. The executive office of health and human services ("EOHHS") shall be represented on

the committee and provide consultation to the commerce corporation on selection procedures.

Notwithstanding EOHHS's consultation and representation in the selection of healthcare applicants,

the commerce corporation shall administer all other aspects of a healthcare applicant's application,

award, and certification.

     (c) The credits awarded under this chapter shall not exceed one hundred percent (100%) of

the education loan repayment expenses incurred by such taxpayer during each service period

completed for up to four (4) consecutive service periods. Tax credits shall be issued annually to the

taxpayer upon proof that (i) the taxpayer has actually incurred and paid such education loan

repayment expenses; (ii) the taxpayer continues to meet the eligibility requirements throughout the

service period; (iii) The award shall not exceed the original loan amount plus any capitalized

interest less award previously claimed under this section; and (iv) that the taxpayer claiming an

award is current on his or her student loan repayment obligations.

     (d) The commerce corporation shall not commit to overall STEM/design awards in excess

of the amount contained in the commerce STEM/design fund or to overall healthcare awards in

excess of the amount contained in the healthcare fund.

     (e) The commerce corporation shall reserve seventy percent (70%) of the awards issued in

a calendar year to applicants who are permanent residents of the state of Rhode Island or who

attended an institution of higher education located in Rhode Island when they incurred the

education loan expenses to be repaid.

     (f) In administering award, the commerce corporation shall:

     (1) Require suitable proof that an applicant meets the eligibility requirements for award

under this chapter;

     (2) Determine the contents of applications and other materials to be submitted in support

of an application for award under this chapter; and

     (3) Collect reports and other information during the eligibility period for each award to

verify that a taxpayer continues to meet the eligibility requirements for an award.

     42-64.26-12. Sunset.

     No incentives or credits shall be authorized pursuant to this chapter after December 31,

2022 2023.

     SECTION 11. Section 42-64.27-6 of the General Laws in Chapter 42-64.27 entitled "Main

Street Rhode Island Streetscape Improvement Fund" is hereby amended as follows:

     42-64.27-6. Sunset.

     No incentives shall be authorized pursuant to this chapter after December 31, 2022 2023.

     SECTION 12. Section 42-64.28-10 of the General Laws in Chapter 42-64.28 entitled

"Innovation Initiative" is hereby amended as follows:

     42-64.28-10. Sunset.

     No vouchers, grants, or incentives shall be authorized pursuant to this chapter after

December 31, 2022 2023.

     SECTION 13. Section 42-64.31-4 of the General Laws in Chapter 42-64.31 entitled "High

School, College, and Employer Partnerships" is hereby amended as follows:

     42-64.31-4. Sunset.

     No grants shall be authorized pursuant to this chapter after December 31, 2022 2023.

     SECTION 14. Section 42-64.32-6 of the General Laws in Chapter 42-64.32 entitled "Air

Service Development Fund" is hereby amended as follows:

     42-64.32-6. Sunset.

     No grants, credits, or incentives shall be authorized or authorized to be reserved pursuant

to this chapter after December 31, 2022 2023.

     SECTION 2. Title 42 of the General Laws entitled "STATE AFFAIRS AND

GOVERNMENT" is hereby amended by adding thereto the following chapter:

CHAPTER 162

THE RHODE ISLAND BROADBAND DEVELOPMENT PROGRAM

     The Rhode Island Broadband Development Program shall provide oversight and

coordination of all broadband and digital equity initiatives in the state of Rhode Island, including,

but not limited to, the following:

     (i) Creating a statewide broadband strategic plan which shall include goals and strategies

related to increasing the access and use of broadband internet in the state. Such a plan shall include

high-capacity transmission technique using a wide range of frequencies to deliver high-speed

internet including both wireline and wireless technologies and shall include, but not be limited to:

goals for broadband elements such as speed, latency, affordability, reliability, access, sustainability,

and digital equity. The plan shall be submitted to the governor, the speaker of the house of

representatives, and the president of the senate on or before December 31, 2022 and shall be

updated every five (5) years thereafter;

     42-162-1. Definitions.

     As used in this chapter, the following words shall have the following meanings:

     (1) "Broadband advisory council" or "council" means the broadband advisory council

established pursuant to the provisions of § 42-162-4.

     (2) "Broadband director" or "director" means the broadband coordinator designated

pursuant to the provisions of § 42-162-2.

     (3) "Broadband " means “a high-capacity transmission technique using a wide range of

frequencies to deliver high-speed internet including both wireline and wireless technologies” and

shall include, but not be limited to: goals for broadband elements such as speed, latency,

affordability, access, sustainability, and digital equity.

     (4) "Digital literacy" means the ability to use information and communication technologies

to find, evaluate, create and communicate information, requiring both cognitive and technical skills;

     (5) "Unserved" means a geographic location of the state in which there is no provider of

broadband Internet service that offers dedicated Internet access for transmission at consistent

speeds with the ability to scale upload speeds over time consistent with technology trends.

     (6) "Underserved" means a geographic location of the state in which there is no broadband

Internet service available at consistent speeds with the ability to scale upload speeds over time

consistent with technology trends.

     42-162-2. Broadband director.

     An employee of the commerce corporation shall be designated by the secretary of

commerce as the broadband director. The broadband director shall be responsible for connecting

and communicating with the National Telecommunications and Information Administration

(NTIA) and other federal agencies, as appropriate, to access federal funds for broadband

infrastructure deployment pursuant to federal grants, facilitating broadband service adoption,

expanding digital literacy for residents experiencing economic hardship, and for future economic

development. The broadband director shall perform such other duties as assigned by the secretary

of commerce.

     42-162.3 Duties and Powers of the Broadband Director.

     (a) Creating or otherwise administering grants, programs, projects, initiatives, or mapping

efforts to further the investment in and development of broadband and digital equity in the State.

Pending availability of funding, these may include: developing a mapping process to review and

verify transmission speeds and broadband availability throughout the State; providing information,

advice, and technical assistance to municipalities, regions, and others to increase broadband

adoption and digital equity; and proposing legislation that supports increased digital equity and

sustainable adoption of broadband.

     (b) The executive office of commerce may seek the advice from the broadband advisory

committee in the review of proposals for adoption of technologies required to deploy broadband to

residents, businesses, and municipalities. The executive office of commerce or any state agency or

quasi-public state agency charged with administering such grant and other programs is authorized

to promulgate rules and regulations that set forth the programs’ goals, investment criteria,

principles, and parameters.

     (c) The executive office of commerce or any state agency or quasi-public state agency

charged with administering such grant and other programs shall follow applicable federal and state

reporting and transparency requirements for any program established, including the allocation and

utilization of federal dollars.

     (d) In consultation with the governor's workforce board, develop a statewide curriculum

for advanced digital skills training to establish a talent pipeline matching job seekers and

historically underrepresented populations and Rhode Island employers.

     (e) The office shall include the office of regulatory reform and other administration

functions that promote, enhance, or regulate various service and functions in order to promote the

reform and improvement of the regulatory function of the state.

     42-162-4. Broadband advisory council established.

     (a) There is hereby established a broadband advisory council for the purpose of performing

the duties enunciated in § 42-162-5.

     (b) The council shall consist of the following nine (9) members:

     (1) The broadband director from Commerce Rhode Island, who shall serve as the chair;

     (2) Rhode Island emergency management agency director, or designee;

     (3) Rhode Island League of Cities and Towns executive director, or designee;

     (4) Boys and Girls Club president, or designee appointed by the senate president;

     (5) Rhode Island infrastructure bank executive director, or designee;

     (6) A Rhode Island Chamber of Commerce, appointed by the speaker of the house;

     (7) A telecommunications expert, appointed by the senate president;

     (8) A member of the underserved or unserved community appointed by the governor; and

     (9) A broadband or technology expert appointed by the speaker of the house.

     (c) Members of the council shall serve without compensation.

     (d) Vacancies shall be appointed in the same manner as the original appointment.

     34 42-162-5. Duties and powers of broadband advisory council.

     The broadband advisory council shall advise the executive office of commerce on

broadband implementation efforts undertaken by the agency including but not limited to the

development of a state strategic plan and broadband-related investment strategies. The broadband

advisory committee shall additionally invite telecommunications/IT experts and broadband

stakeholders to inform the committee. The broadband advisory committee shall provide written

report to the speaker of the house and senate president one month after the close of each quarter

with the status of Rhode Island broadband efforts and the level and type of funding obligation and

expenditure by awardee through any grant program as well as recommendations for accessing

further federal or other funding opportunities for as long as federal or state funding is available for

this work.

     32 42-162-6. Administrative support to broadband advisory council.

     The commerce corporation shall be responsible for providing administrative and other

support services to the council.

     42-162-7. Meetings and reporting.

     The council shall meet at least quarterly and shall report at least annually on or before

December 31 of each year to the general assembly on its findings and recommendations to include,

but not limited to, recommendations for proposed legislation to further the purposes of this chapter.

     SECTION 16. Section 44-31.2-5 of the General Laws in Chapter 44-31.2 entitled "Motion

Picture Production Tax Credits" is hereby amended to read as follows:

     44-31.2-5. Motion picture production company tax credit.

     (a) A motion picture production company shall be allowed a credit to be computed as

provided in this chapter against a tax imposed by chapters 11, 14, 17, and 30 of this title. The

amount of the credit shall be thirty percent (30%) of the state-certified production costs incurred

directly attributable to activity within the state, provided:

     (1) That the primary locations are within the state of Rhode Island and the total production

budget as defined herein is a minimum of one hundred thousand dollars ($100,000); or

     (2) The motion picture production incurs and pays a minimum of ten million dollars

($10,000,000) in state-certified production costs within a twelve-month (12) period.

     The credit shall be earned in the taxable year in which production in Rhode Island is

completed, as determined by the film office in final certification pursuant to § 44-31.2-6(c).

     (b) For the purposes of this section: "total production budget" means and includes the

motion picture production company's pre-production, production, and post-production costs

incurred for the production activities of the motion picture production company in Rhode Island in

connection with the production of a state-certified production. The budget shall not include costs

associated with the promotion or marketing of the film, video, or television product.

     (c) Notwithstanding subsection (a) of this section, the credit shall not exceed seven million

dollars ($7,000,000) and shall be allowed against the tax for the taxable period in which the credit

is earned and can be carried forward for not more than three (3) succeeding tax years. Pursuant to

rules promulgated by the tax administrator, the administrator may issue a waiver of the seven

million dollars ($7,000,000) tax credit cap for any feature-length film or television series up to the

remaining funds available pursuant to section (e) of this section.

     (d) Credits allowed to a motion picture production company, which is a subchapter S

corporation, partnership, or a limited-liability company that is taxed as a partnership, shall be

passed through respectively to persons designated as partners, members, or owners on a pro rata

basis or pursuant to an executed agreement among such persons designated as subchapter S

corporation shareholders, partners, or members documenting an alternate distribution method

without regard to their sharing of other tax or economic attributes of such entity.

     (e) No more than fifteen million dollars ($15,000,000) in total may be issued for any tax

year beginning after December 31, 2007, for motion picture tax credits pursuant to this chapter

and/or musical and theatrical production tax credits pursuant to chapter 31.3 of this title. After

December 31, 2019, no more than twenty million dollars ($20,000,000) in total may be issued for

any tax year for motion picture tax credits pursuant to this chapter and/or musical and theater

production tax credits pursuant to chapter 31.3 of this title. Said credits shall be equally available

to motion picture productions and musical and theatrical productions. No specific amount shall be

set aside for either type of production.

     (f) Exclusively for tax year 2022, the total amount of motion picture tax credits issued

pursuant to this section and/or musical and theatrical production tax credits pursuant to chapter 31.3

of this title shall not exceed thirty million dollars ($30,000,000).

     (g) Exclusively for tax year 2023 and tax year 2024, the total amount of motion picture tax

credits issued pursuant to this section and/or musical and theatrical production tax credits pursuant

to chapter 31.3 of this title shall not exceed forty million dollars ($40,000,000).

     SECTION 17. Section 44-31.3-2 of the General Laws in Chapter 44-31.3 entitled "Musical

and Theatrical Production Tax Credits" is hereby amended to read as follows:

     44-31.3-2. Musical and theatrical production tax credits.

     (a) Definitions. As used in this chapter:

     (1) "Accredited theater production" means a for-profit live stage presentation in a qualified

production facility, as defined in this chapter that is either: (i) A pre-Broadway production, or (ii)

A post-Broadway production.

     (2) "Accredited theater production certificate" means a certificate issued by the film office

certifying that the production is an accredited theater production that meets the guidelines of this

chapter.

     (3) "Advertising and public relations expenditure" means costs incurred within the state by

the accredited theater productions for goods or services related to the national marketing, public

relations, creation and placement of print, electronic, television, billboards and other forms of

advertising to promote the accredited theater production.

     (4) "Payroll" means all salaries, wages, fees, and other compensation including related

benefits for services performed and costs incurred within Rhode Island.

     (5) "Pre-Broadway production" means a live stage production that, in its original or

adaptive version, is performed in a qualified production facility having a presentation scheduled

for Broadway's theater district in New York City within (12) thirty-six (36) months after its Rhode

Island presentation.

     (6) "Post-Broadway production" means a live stage production that, in its original or

adaptive version, is performed in a qualified production facility and opens its U.S. tour in Rhode

Island after a presentation scheduled for Broadway's theater district in New York City.

     (7) "Production and performance expenditures" means a contemporaneous exchange of

cash or cash equivalent for goods or services related to development, production, performance, or

operating expenditures incurred in this state for a qualified theater production including, but not

limited to, expenditures for design, construction and operation, including sets, special and visual

effects, costumes, wardrobes, make-up, accessories; costs associated with sound, lighting, staging,

payroll, transportation expenditures, advertising and public relations expenditures, facility

expenses, rentals, per diems, accommodations and other related costs.

     (8) "Qualified production facility" means a facility located in the state of Rhode Island in

which live theatrical productions are, or are intended to be, exclusively presented that contains at

least one stage, a seating capacity of one thousand (1,000) or more seats, and dressing rooms,

storage areas, and other ancillary amenities necessary for the accredited theater production.

     (9) "Resident" or "Rhode Island resident" means, for the purpose of determination of

eligibility for the tax incentives provided by this chapter, an individual who is domiciled in the state

of Rhode Island or who is not domiciled in this state but maintains a permanent place of abode in

this state and is in this state for an aggregate of more than one hundred eighty-three (183) days of

the taxable year, unless the individual is in the armed forces of the United States.

     (10) "Rhode Island film and television office" means the office within the department of

administration that has been established in order to promote and encourage the locating of film and

television productions within the state of Rhode Island. The office is also referred to as the "film

office."

     (11)(i) "Transportation expenditures" means expenditures for the packaging, crating, and

transportation both to the state for use in a qualified theater production of sets, costumes, or other

tangible property constructed or manufactured out of state, and/or from the state after use in a

qualified theater production of sets, costumes, or other tangible property constructed or

manufactured in this state and the transportation of the cast and crew to and from the state. Such

term shall include the packaging, crating, and transporting of property and equipment used for

special and visual effects, sound, lighting and staging, costumes, wardrobes, make-up, and related

accessories and materials, as well as any other performance or production-related property and

equipment.

     (ii) Transportation expenditures shall not include any costs to transport property and

equipment to be used only for filming and not in a qualified theater production, any indirect costs,

and expenditures that are later reimbursed by a third party; or any amounts that are paid to persons

or entities as a result of their participation in profits from the exploitation of the production.

     (b) Tax credit.

     (1) Any person, firm, partnership, trust, estate, or other entity that receives an accredited

theater production certificate shall be allowed a tax credit equal to thirty percent (30%) of the total

production and performance expenditures and transportation expenditures for the accredited theater

production and to be computed as provided in this chapter against a tax imposed by chapters 11,

12, 13, 14, 17, and 30 of this title. Said credit shall not exceed five million dollars ($5,000,000) and

shall be limited to certified production costs directly attributable to activities in the state and

transportation expenditures defined above. The total production budget shall be a minimum of one

hundred thousand dollars ($100,000).

     (2) No more than fifteen million dollars ($15,000,000) in total may be issued for any tax

year for motion picture tax credits pursuant to chapter 31.2 of this title and/or musical and theatrical

production tax credits pursuant to this chapter. Said credits shall be equally available to motion

picture productions and musical and theatrical productions. No specific amount shall be set aside

for either type of production.

     (3) The tax credit shall be allowed against the tax for the taxable period in which the credit

is earned and can be carried forward for not more than three (3) succeeding tax years.

     (4) Credits allowed to a company that is a subchapter S corporation, partnership, or a

limited-liability company that is taxed as a partnership, shall be passed through respectively to

persons designated as partners, members, or owners on a pro rata basis or pursuant to an executed

agreement among such persons designated as subchapter S corporation shareholders, partners, or

members documenting an alternate distribution method without regard to their sharing of other tax

or economic attributes of such entity.

     (5) If the company has not claimed the tax credits in whole or part, taxpayers eligible for

the tax credits may assign, transfer, or convey the tax credits, in whole or in part, by sale or

otherwise, to any individual or entity and the assignee of the tax credits that has not claimed the tax

credits in whole or part may assign, transfer, or convey the tax credits, in whole or in part, by sale

or otherwise, to any individual or entity. The assignee of the tax credits may use acquired credits

to offset up to one hundred percent (100%) of the tax liabilities otherwise imposed pursuant to

chapter 11, 12, 13 (other than the tax imposed under § 44-13-13), 14, 17, or 30 of this title. The

assignee may apply the tax credit against taxes imposed on the assignee for not more than three (3)

succeeding tax years. The assignor shall perfect the transfer by notifying the state of Rhode Island

division of taxation, in writing, within thirty (30) calendar days following the effective date of the

transfer and shall provide any information as may be required by the division of taxation to

administer and carry out the provisions of this section.

     (6) For purposes of this chapter, any assignment or sales proceeds received by the assignor

for its assignment or sale of the tax credits allowed pursuant to this section shall be exempt from

this title.

     (7) In the case of a corporation, this credit is only allowed against the tax of a corporation

included in a consolidated return that qualifies for the credit and not against the tax of other

corporations that may join in the filing of a consolidated tax return.

     (c) Certification and administration.

     (1) The applicant shall properly prepare, sign, and submit to the film office an application

for initial certification of the theater production. The application shall include the information and

data as the film office deems reasonably necessary for the proper evaluation and administration of

the application, including, but not limited to, any information about the theater production company

and a specific Rhode Island live theater or musical production. The film office shall review the

completed application and determine whether it meets the requisite criteria and qualifications for

the initial certification for the production. If the initial certification is granted, the film office shall

issue a notice of initial certification of the accredited theater production to the theater production

company and to the tax administrator. The notice shall state that, after appropriate review, the initial

application meets the appropriate criteria for conditional eligibility. The notice of initial

certification will provide a unique identification number for the production and is only a statement

of conditional eligibility for the production and, as such, does not grant or convey any Rhode Island

tax benefits.

     (2) Upon completion of an accredited theater production, the applicant shall properly

prepare, sign, and submit to the film office an application for final certification of the accredited

theater production. The final application shall also contain a cost report and an "accountant's

certification." The film office and tax administrator may rely without independent investigation,

upon the accountant's certification, in the form of an opinion, confirming the accuracy of the

information included in the cost report. Upon review of a duly completed and filed application and

upon no later than thirty (30) days of submission thereof, the division of taxation will make a

determination pertaining to the final certification of the accredited theater production and the

resultant tax credits.

     (3) Upon determination that the company qualifies for final certification and the resultant

tax credits, the tax administrator of the division of taxation shall issue to the company: (i) An

accredited theater production certificate; and (ii) A tax credit certificate in an amount in accordance

with subsection (b) of this section. A musical and theatrical production company is prohibited from

using state funds, state loans, or state guaranteed loans to qualify for the motion picture tax credit.

All documents that are issued by the film office pursuant to this section shall reference the

identification number that was issued to the production as part of its initial certification.

     (4) The director of the department of administration, in consultation as needed with the tax

administrator, shall promulgate rules and regulations as are necessary to carry out the intent and

purposes of this chapter in accordance with the general guidelines provided herein for the

certification of the production and the resultant production credit.

     (5) If information comes to the attention of the film office that is materially inconsistent

with representations made in an application, the film office may deny the requested certification.

In the event that tax credits or a portion of tax credits are subject to recapture for ineligible costs

and the tax credits have been transferred, assigned, and/or allocated, the state will pursue its

recapture remedies and rights against the applicant of the theater production tax credits. No redress

shall be sought against assignees, sellers, transferees, or allocates of the credits.

     (d) Information requests.

     (1) The director of the film office, and his or her agents, for the purpose of ascertaining the

correctness of any credit claimed under the provisions of this chapter, may examine any books,

paper, records, or memoranda bearing upon the matters required to be included in the return, report,

or other statement, and may require the attendance of the person executing the return, report, or

other statement, or of any officer or employee of any taxpayer, or the attendance of any other

person, and may examine the person under oath respecting any matter that the director, or his or

her agent, deems pertinent or material in administration and application of this chapter and where

not inconsistent with other legal provisions, the director may request information from the tax

administrator.

     (2) The tax administrator, and his or her agents, for the purpose of ascertaining the

correctness of any credit claimed under the provisions of this chapter, may examine any books,

paper, records, or memoranda bearing upon the matters required to be included in the return, report,

or other statement, and may require the attendance of the person executing the return, report, or

other statement, or of any officer or employee of any taxpayer, or the attendance of any other

person, and may examine the person under oath respecting any matter the tax administrator or his

or her agent deems pertinent or material in determining the eligibility for credits claimed and may

request information from the film office, and the film office shall provide the information in all

cases to the tax administrator.

     (e) The film office shall comply with the impact analysis and periodic reporting provisions

of § 44-31.2-6.1.

     SECTION 18. Section 44-33.6-11 of the General Laws in Chapter 44-33.6 entitled

"Historic Preservation Tax Credits 2013" is hereby amended to read as follows:

     44-33.6-11. Sunset.

     No credits shall be authorized to be reserved pursuant to this chapter on or after June 30,

2022 2023, or upon the exhaustion of the maximum aggregate credits, whichever comes first.

     SECTION 19. Section 44-48.3-14 of the General Laws in Chapter 44-48.3 entitled "Rhode

Island Qualified Jobs Incentive Act of 2015" is hereby amended as follows:

     44-48.3-14. Sunset.

     No credits shall be authorized to be reserved pursuant to this chapter after December 31,

2022 2023.

     SECTION 20. This Article shall take effect upon passage.