Chapter 418
2012 -- H 7157 SUBSTITUTE A
Enacted 06/22/12
A N A C T
RELATING TO
TAXATION - GROSS RECEIPTS EXEMPT FROM SALES AND USE 
TAXES
Introduced By: Representatives Walsh, and Naughton
Date Introduced: January 18, 2012
It is enacted by the
General Assembly as follows:
     SECTION 1. Section 44-18-30 of the General Laws in Chapter
44-18 entitled "Sales and 
Use Taxes - Liability and
Computation" is hereby amended to read as follows:
     44-18-30. Gross
receipts exempt from sales and use taxes. -- There are exempted from 
the taxes imposed by this chapter the following gross
receipts:
     (1) Sales and uses
beyond constitutional power of state. - From the sale and from the 
storage, use, or other consumption in this state of tangible
personal property the gross receipts 
from the sale of which, or the storage, use, or other
consumption of which, this state is prohibited 
from taxing under the Constitution of the 
     (2) Newspapers.
     (i)
From the sale and from the storage, use, or other consumption in this state of
any 
newspaper.
     (ii)
"Newspaper" means an unbound publication printed on newsprint, which
contains 
news, editorial comment, opinions, features, advertising
matter, and other matters of public 
interest.
     (iii)
"Newspaper" does not include a magazine, handbill, circular, flyer,
sales catalog, or 
similar item unless the item is printed for and distributed
as a part of a newspaper.
     (3) School meals. - From
the sale and from the storage, use, or other consumption in this 
state of meals served by public, private, or parochial
schools, school districts, colleges, 
universities, student organizations, and parent teacher
associations to the students or teachers of a 
school, college, or university whether the meals are served
by the educational institutions or by a 
food service or management entity under contract to the
educational institutions.
     (4) Containers.
     (i)
From the sale and from the storage, use, or other consumption in this state of:
      (A) Non-returnable
containers, including boxes, paper bags, and wrapping materials 
which are biodegradable and all bags and wrapping materials
utilized in the medical and healing 
arts, when sold without the contents to persons who place
the contents in the container and sell 
the contents with the container.
     (B) Containers when sold
with the contents if the sale price of the contents is not required 
to be included in the measure of the taxes imposed by
this chapter.
     (C) Returnable
containers when sold with the contents in connection with a retail sale of 
the contents or when resold for refilling.
     (ii) As used in this
subdivision, the term "returnable containers" means containers of a 
kind customarily returned by the buyer of the contents for
reuse. All other containers are "non-
returnable containers."
     (5) (i) Charitable, educational, and religious
organizations. - From the sale to as in 
defined in this section, and from the storage, use, and other
consumption in this state or any other 
state of the 
profit, "educational institutions" as defined in
subdivision (18) not operated for a profit, churches, 
orphanages, and other institutions or organizations operated exclusively
for religious or charitable 
purposes, interest free loan associations not operated for
profit, nonprofit organized sporting 
leagues and associations and bands for boys and girls under
the age of nineteen (19) years, the 
following vocational student organizations that are state
chapters of national vocational students 
organizations: Distributive Education Clubs of America, (DECA);
Future Business Leaders of 
of America/Home Economics Related Occupations
(FHA/HERD); and Vocational Industrial 
Clubs of America (VICA), organized nonprofit golden
age and senior citizens clubs for men and 
women, and parent teacher associations.
     (ii) In the case of
contracts entered into with the federal government, its agencies or 
instrumentalities, this state or any other state of the 
city, town, district, or other political subdivision of
the states, hospitals not operated for profit, 
educational institutions not operated for profit, churches,
orphanages, and other institutions or 
organizations operated exclusively for religious or charitable
purposes, the contractor may 
purchase such materials and supplies (materials and/or
supplies are defined as those which are 
essential to the project) that are to be utilized in the
construction of the projects being performed 
under the contracts without payment of the tax.
     (iii) The contractor
shall not charge any sales or use tax to any exempt agency, 
institution, or organization but shall in that instance provide
his or her suppliers with certificates 
in the form as determined by the division of taxation
showing the reason for exemption; and the 
contractor's records must substantiate the claim for exemption by
showing the disposition of all 
property so purchased. If any property is then used for a nonexempt
purpose, the contractor must 
pay the tax on the property used.
     (6) Gasoline. - From the
sale and from the storage, use, or other consumption in this state 
of: (i) gasoline and other
products taxed under chapter 36 of title 31, and (ii) fuels used for the 
propulsion of airplanes.
     (7) Purchase for
manufacturing purposes.
     (i)
From the sale and from the storage, use, or other consumption in this state of
computer 
software, tangible personal property, electricity, natural
gas, artificial gas, steam, refrigeration, 
and water, when the property or service is purchased for
the purpose of being manufactured into a 
finished product for resale, and becomes an ingredient,
component, or integral part of the 
manufactured, compounded, processed, assembled, or prepared product,
or if the property or 
service is consumed in the process of manufacturing for
resale computer software, tangible 
personal property, electricity, natural gas, artificial gas,
steam, refrigeration, or water.
     (ii)
"Consumed" means destroyed, used up, or worn out to the degree or
extent that the 
property cannot be repaired, reconditioned, or rendered fit
for further manufacturing use.
     (iii)
"Consumed" includes mere obsolescence.
     (iv)
"Manufacturing" means and includes manufacturing, compounding,
processing, 
assembling, preparing, or producing.
     (v) "Process of
manufacturing" means and includes all production operations performed 
in the producing or processing room, shop, or plant,
insofar as the operations are a part of and 
connected with the manufacturing for resale of tangible
personal property, electricity, natural gas, 
artificial gas, steam, refrigeration, or water and all
production operations performed insofar as the 
operations are a part of and connected with the manufacturing
for resale of computer software.
     (vi) "Process of
manufacturing" does not mean or include administration operations such 
as general office operations, accounting, collection,
sales promotion, nor does it mean or include 
distribution operations which occur subsequent to production
operations, such as handling, 
storing, selling, and transporting the manufactured products,
even though the administration and 
distribution operations are performed by or in connection with a
manufacturing business.
     (8) State and political
subdivisions. - From the sale to, and from the storage, use, or other 
consumption by, this state, any city, town, district, or other
political subdivision of this state. 
Every redevelopment agency created pursuant to chapter
31 of title 45 is deemed to be a 
subdivision of the municipality where it is located.
     (9) Food and food
ingredients. - From the sale and storage, use, or other consumption in 
this state of food and food ingredients as defined in
section 44-18-7.1(l).
     For the purposes of this
exemption "food and food ingredients" shall not include candy, 
soft drinks, dietary supplements, alcoholic beverages,
tobacco, food sold through vending 
machines or prepared food (as those terms are defined in
section 44-18-7.1, unless the prepared 
food is:
     (i)
Sold by a seller whose primary NAICS classification is manufacturing in sector
311, 
except sub-sector 3118 (bakeries);
     (ii)
Sold in an unheated state by weight or volume as a single item;
     (iii) Bakery items,
including bread, rolls, buns, biscuits, bagels, croissants, pastries, 
donuts, danish, cakes, tortes,
pies, tarts, muffins, bars, cookies, tortillas; and
      is
not sold with utensils provided by the seller, including plates, knives, forks,
spoons, 
glasses, cups, napkins, or straws.
     (10) Medicines, drugs
and durable medical equipment. - From the sale and from the 
storage, use, or other consumption in this state, of;
     (i)
"Drugs" as defined in section 44-18-7.1(h)(i), sold on prescriptions, medical oxygen, 
and insulin whether or not sold on prescription. For
purposes of this exemption drugs shall not 
include over-the-counter drugs and grooming and hygiene
products as defined in section 44-18-
7.1(h)(iii).
     (ii) Durable medical
equipment as defined in section 44-18-7.1(k) for home use only, 
including, but not limited to, syringe infusers, ambulatory
drug delivery pumps, hospital beds, 
convalescent chairs, and chair lifts. Supplies used in connection
with syringe infusers and 
ambulatory drug delivery pumps which are sold on prescription to
individuals to be used by them 
to dispense or administer prescription drugs, and
related ancillary dressings and supplies used to 
dispense or administer prescription drugs shall also be exempt
from tax.
     (11) Prosthetic devices
and mobility enhancing equipment. - From the sale and from the 
storage, use, or other consumption in this state, of
prosthetic devices as defined in section 44-18-
7.1(t), sold on prescription, including but not
limited to, artificial limbs, dentures, spectacles and 
eyeglasses, and artificial eyes; artificial hearing devices and
hearing aids, whether or not sold on 
prescription and mobility enhancing equipment as defined in
section 44-18-7.1(p) including 
wheelchairs, crutches and canes.
     (12) Coffins, caskets,
and burial garments. - From the sale and from the storage, use, or 
other consumption in this state of coffins or caskets, and
shrouds or other burial garments which 
are ordinarily sold by a funeral director as part of the
business of funeral directing.
     (13) Motor vehicles sold
to nonresidents.
     (i)
From the sale, subsequent to June 30, 1958, of a motor vehicle to a bona fide 
nonresident of this state who does not register the motor vehicle
in this state, whether the sale or 
delivery of the motor vehicle is made in this state or at the
place of residence of the nonresident. 
A motor vehicle sold to a bona fide nonresident whose
state of residence does not allow a like 
exemption to its nonresidents is not exempt from the tax
imposed under section 44-18-20. In that 
event the bona fide nonresident pays a tax to 
that would be imposed in his or her state of residence not
to exceed the rate that would have been 
imposed under section 44-18-20. Notwithstanding any other
provisions of law, a licensed motor 
vehicle dealer shall add and collect the tax required under
this subdivision and remit the tax to the 
tax administrator under the provisions of chapters 18 and
19 of this title. When a 
licensed motor vehicle dealer is required to add and collect
the sales and use tax on the sale of a 
motor vehicle to a bona fide nonresident as provided in
this section, the dealer in computing the 
tax takes into consideration the law of the state of the
nonresident as it relates to the trade-in of 
motor vehicles.
     (ii) The tax
administrator, in addition to the provisions of sections 44-19-27 and 44-19-
28, may require any licensed motor vehicle dealer to
keep records of sales to bona fide 
nonresidents as the tax administrator deems reasonably necessary
to substantiate the exemption 
provided in this subdivision, including the affidavit of a
licensed motor vehicle dealer that the 
purchaser of the motor vehicle was the holder of, and had in
his or her possession a valid out of 
state motor vehicle registration or a valid out of state
driver's license.
     (iii) Any nonresident
who registers a motor vehicle in this state within ninety (90) days of 
the date of its sale to him or her is deemed to have
purchased the motor vehicle for use, storage, 
or other consumption in this state, and is subject to,
and liable for the use tax imposed under the 
provisions of section 44-18-20.
     (14) Sales in public
buildings by blind people. - From the sale and from the storage, use, 
or other consumption in all public buildings in this
state of all products or wares by any person 
licensed under section 40-9-11.1.
     (15) Air and water
pollution control facilities. - From the sale, storage, use, or other 
consumption in this state of tangible personal property or supplies
acquired for incorporation into 
or used and consumed in the operation of a facility, the
primary purpose of which is to aid in the 
control of the pollution or contamination of the waters or
air of the state, as defined in chapter 12 
of title 46 and chapter 25 of title 23, respectively,
and which has been certified as approved for 
that purpose by the director of environmental management.
The director of environmental 
management may certify to a portion of the tangible personal
property or supplies acquired for 
incorporation into those facilities or used and consumed in the
operation of those facilities to the 
extent that that portion has as its primary purpose the
control of the pollution or contamination of 
the waters or air of this state. As used in this
subdivision, "facility" means any land, facility, 
device, building, machinery, or equipment.
     (16) Camps. - From the
rental charged for living quarters, or sleeping or housekeeping 
accommodations at camps or retreat houses operated by religious,
charitable, educational, or 
other organizations and associations mentioned in
subdivision (5), or by privately owned and 
operated summer camps for children.
     (17) Certain
institutions. - From the rental charged for living or sleeping quarters in an 
institution licensed by the state for the hospitalization,
custodial, or nursing care of human beings.
     (18) Educational
institutions. - From the rental charged by any educational institution for 
living quarters, or sleeping or housekeeping accommodations
or other rooms or accommodations 
to any student or teacher necessitated by attendance at
an educational institution. "Educational 
institution" as used in this section means an institution of
learning not operated for profit which is 
empowered to confer diplomas, educational, literary, or
academic degrees, which has a regular 
faculty, curriculum, and organized body of pupils or students
in attendance throughout the usual 
school year, which keeps and furnishes to students and
others records required and accepted for 
entrance to schools of secondary, collegiate, or graduate
rank, no part of the net earnings of which 
inures to the benefit of any individual.
     (19) Motor vehicle and
adaptive equipment for persons with disabilities.
     (i)
From the sale of: (A) special adaptations, (B) the component parts of the
special 
adaptations, or (C) a specially adapted motor vehicle; provided,
that the owner furnishes to the 
tax administrator an affidavit of a licensed physician to
the effect that the specially adapted motor 
vehicle is necessary to transport a family member with a
disability or where the vehicle has been 
specially adapted to meet the specific needs of the person with
a disability. This exemption 
applies to not more than one motor vehicle owned and
registered for personal, noncommercial 
use.
     (ii) For the purpose of
this subsection the term "special adaptations" includes, but is not 
limited to: wheelchair lifts; wheelchair carriers; wheelchair
ramps; wheelchair securements; hand 
controls; steering devices; extensions, relocations, and
crossovers of operator controls; power-
assisted controls; raised tops or dropped floors; raised entry
doors; or alternative signaling 
devices to auditory signals.
     (iii) From the sale of:
(a) special adaptations, (b) the component parts of the special 
adaptations, for a "wheelchair accessible taxicab" as
defined in section 39-14-1 and/or a 
"wheelchair accessible
public motor vehicle" as defined in section 39-14.1-1.
     (iv)
For the purpose of this subdivision the exemption for a "specially
adapted motor 
vehicle" means a use tax credit not to exceed the amount
of use tax that would otherwise be due 
on the motor vehicle, exclusive of any adaptations. The
use tax credit is equal to the cost of the 
special adaptations, including installation.
     (20) Heating fuels. -
From the sale and from the storage, use, or other consumption in this 
state of every type of fuel used in the heating of homes
and residential premises.
     (21) Electricity and
gas. - From the sale and from the storage, use, or other consumption 
in this state of electricity and gas furnished for
domestic use by occupants of residential premises.
     (22) Manufacturing
machinery and equipment.
     (i)
From the sale and from the storage, use, or other consumption in this state of
tools, 
dies, and molds, and machinery and equipment (including
replacement parts), and related items to 
the extent used in an industrial plant in connection with
the actual manufacture, conversion, or 
processing of tangible personal property, or to the extent used
in connection with the actual 
manufacture, conversion or processing of computer software as
that term is utilized in industry 
numbers 7371, 7372, and 7373 in the standard industrial
classification manual prepared by the 
technical committee on industrial classification, office of
statistical standards, executive office of 
the president, 
machinery and equipment used in the furnishing of power to an
industrial manufacturing plant. 
For the purposes of this subdivision, "industrial
plant" means a factory at a fixed location 
primarily engaged in the manufacture, conversion, or processing
of tangible personal property to 
be sold in the regular course of business;
     (ii) Machinery and
equipment and related items are not deemed to be used in connection 
with the actual manufacture, conversion, or processing of
tangible personal property, or in 
connection with the actual manufacture, conversion or processing
of computer software as that 
term is utilized in industry numbers 7371, 7372, and 7373
in the standard industrial classification 
manual prepared by the technical committee on industrial
classification, office of statistical 
standards, executive office of the president, 
time to time, to be sold to the extent the property is
used in administration or distribution 
operations;
     (iii) Machinery and
equipment and related items used in connection with the actual 
manufacture, conversion, or processing of any computer software
or any tangible personal 
property which is not to be sold and which would be exempt
under subdivision (7) or this 
subdivision if purchased from a vendor or machinery and equipment
and related items used 
during any manufacturing, converting or processing function
is exempt under this subdivision 
even if that operation, function, or purpose is not an
integral or essential part of a continuous 
production flow or manufacturing process;
     (iv)
Where a portion of a group of portable or mobile machinery is used in
connection 
with the actual manufacture, conversion, or processing of
computer software or tangible personal 
property to be sold, as previously defined, that portion, if
otherwise qualifying, is exempt under 
this subdivision even though the machinery in that group
is used interchangeably and not 
otherwise identifiable as to use.
     (23) Trade-in value of
motor vehicles. - From the sale and from the storage, use, or other 
consumption in this state of so much of the purchase price paid
for a new or used automobile as is 
allocated for a trade-in allowance on the automobile of the
buyer given in trade to the seller, or of 
the proceeds applicable only to the automobile as are
received from the manufacturer of 
automobiles for the repurchase of the automobile whether the
repurchase was voluntary or not 
towards the purchase of a new or used automobile by the
buyer. For the purpose of this 
subdivision, the word "automobile" means a private
passenger automobile not used for hire and 
does not refer to any other type of motor vehicle.
     (24) Precious metal
bullion.
     (i)
From the sale and from the storage, use, or other consumption in this state of
precious 
metal bullion, substantially equivalent to a transaction in
securities or commodities.
     (ii) For purposes of
this subdivision, "precious metal bullion" means any elementary 
precious metal which has been put through a process of
smelting or refining, including, but not 
limited to, gold, silver, platinum, rhodium, and chromium,
and which is in a state or condition 
that its value depends upon its content and not upon its
form.
     (iii) The term does not
include fabricated precious metal which has been processed or 
manufactured for some one or more specific and customary
industrial, professional, or artistic 
uses.
     (25) Commercial vessels.
- From sales made to a commercial ship, barge, or other vessel 
of fifty (50) tons burden or over, primarily engaged in
interstate or foreign commerce, and from 
the repair, alteration, or conversion of the vessels, and
from the sale of property purchased for the 
use of the vessels including provisions, supplies, and
material for the maintenance and/or repair 
of the vessels.
     (26) Commercial fishing
vessels. - From the sale and from the storage, use, or other 
consumption in this state of vessels and other water craft which
are in excess of five (5) net tons 
and which are used exclusively for "commercial
fishing", as defined in this subdivision, and from 
the repair, alteration, or conversion of those vessels
and other watercraft, and from the sale of 
property purchased for the use of those vessels and other
watercraft including provisions, 
supplies, and material for the maintenance and/or repair of
the vessels and other watercraft and 
the boats nets, cables, tackle, and other fishing
equipment appurtenant to or used in connection 
with the commercial fishing of the vessels and other
watercraft. "Commercial fishing" means the 
taking or the attempting to take any fish, shellfish, crustacea, or bait species with the intent of 
disposing of them for profit or by sale, barter, trade, or in commercial
channels. The term does 
not include subsistence fishing, i.e., the taking for
personal use and not for sale or barter; or sport 
fishing; but shall include vessels and other watercraft with
a 
license issued by the department of environmental management
pursuant to section 20-2-27.1 
which meet the following criteria: (i)
the operator must have a current U.S.C.G. license to carry 
passengers for hire; (ii) U.S.C.G. vessel documentation in the
coast wide fishery trade; (iii) 
U.S.C.G. vessel documentation as to proof of 
boat registration to prove 
commercial passenger carrying fishing vessel to carry passengers
for fishing. The vessel must be 
able to demonstrate that at least fifty percent (50%) of
its annual gross income derives from 
charters or provides documentation of a minimum of one hundred
(100) charter trips annually; (v) 
the vessel must have a valid 
shall implement the provisions of this subdivision by
promulgating rules and regulations relating 
thereto.
     (27) Clothing and
footwear. - From the sales of articles of clothing, including footwear, 
intended to be worn or carried on or about the human body. For
the purposes of this section, 
"clothing or
footwear" does not include clothing accessories or equipment or special
clothing or 
footwear primarily designed for athletic activity or
protective use as these terms are defined in 
section 44-18-7.1(f).
     (28) Water for
residential use. - From the sale and from the storage, use, or other 
consumption in this state of water furnished for domestic use by
occupants of residential 
premises.
     (29) Bibles. -
[Unconstitutional; see Ahlburn v. 
Notes to Decisions.]From the sale and from the storage, use, or other
consumption in the state of 
any canonized scriptures of any tax-exempt nonprofit
religious organization including, but not 
limited to, the Old Testament and the New Testament versions.
     (30) Boats.
     (i)
From the sale of a boat or vessel to a bona fide nonresident of this state who
does not 
register the boat or vessel in this state, or document the
boat or vessel with the 
government at a home port within the state, whether the sale or
delivery of the boat or vessel is 
made in this state or elsewhere; provided, that the
nonresident transports the boat within thirty 
(30) days after delivery by
the seller outside the state for use thereafter solely outside the state.
     (ii) The tax
administrator, in addition to the provisions of sections 44-19-17 and 44-19-
28, may require the seller of the boat or vessel to
keep records of the sales to bona fide 
nonresidents as the tax administrator deems reasonably necessary to
substantiate the exemption 
provided in this subdivision, including the affidavit of the
seller that the buyer represented 
himself or herself to be a bona fide nonresident of this
state and of the buyer that he or she is a 
nonresident of this state.
     (31) Youth activities
equipment. - From the sale, storage, use, or other consumption in 
this state of items for not more than twenty dollars
($20.00) each by nonprofit 
eleemosynary organizations, for the purposes of youth activities
which the organization is formed 
to sponsor and support; and by accredited elementary and
secondary schools for the purposes of 
the schools or of organized activities of the enrolled
students.
     (32) Farm equipment. -
From the sale and from the storage or use of machinery and 
equipment used directly for commercial farming and agricultural
production; including, but not 
limited to, tractors, ploughs, harrows, spreaders, seeders,
milking machines, silage conveyors, 
balers, bulk milk storage tanks, trucks with farm plates,
mowers, combines, irrigation equipment, 
greenhouses and greenhouse coverings, graders and packaging
machines, tools and supplies and 
other farming equipment, including replacement parts,
appurtenant to or used in connection with 
commercial farming and tools and supplies used in the repair and
maintenance of farming 
equipment. "Commercial farming" means the keeping or
boarding of five (5) or more horses or 
the production within this state of agricultural
products, including, but not limited to, field or 
orchard crops, livestock, dairy, and poultry, or their
products, where the keeping, boarding, or 
production provides at least two thousand five hundred dollars
($2,500) in annual gross sales to 
the operator, whether an individual, a group, a
partnership, or a corporation for exemptions issued 
prior to July 1, 2002; for exemptions issued or renewed
after July 1, 2002, there shall be two (2) 
levels. Level I shall be based on proof of annual gross
sales from commercial farming of at least 
twenty-five hundred dollars ($2,500) and shall be valid for
purchases subject to the exemption 
provided in this subdivision except for motor vehicles with an
excise tax value of five thousand 
dollars ($5,000) or greater; Level II shall be based on proof
of annual gross sales from 
commercial farming of at least ten thousand dollars ($10,000) or
greater and shall be valid for 
purchases subject to the exemption provided in this subdivision
including motor vehicles with an 
excise tax value of five thousand dollars ($5,000) or
greater. For the initial issuance of the 
exemptions, proof of the requisite amount of annual gross sales
from commercial farming shall be 
required for the prior year; for any renewal of an exemption
granted in accordance with this 
subdivision at either Level I or Level II, proof of gross annual
sales from commercial farming at 
the requisite amount shall be required for each of the
prior two (2) years. Certificates of 
exemption issued or renewed after July 1, 2002, shall clearly
indicate the level of the exemption 
and be valid for four (4) years after the date of issue.
This exemption applies even if the same 
equipment is used for ancillary uses, or is temporarily used
for a non-farming or a non-
agricultural purpose, but shall not apply to motor vehicles
acquired after July 1, 2002, unless the 
vehicle is a farm vehicle as defined pursuant to section
31-1-8 and is eligible for registration 
displaying farm plates as provided for in section 31-3-31.
     (33) Compressed air. -
From the sale and from the storage, use, or other consumption in 
the state of compressed air.
     (34) Flags. - From the
sale and from the storage, consumption, or other use in this state of 
     (35) Motor vehicle and
adaptive equipment to certain veterans. - From the sale of a motor 
vehicle and adaptive equipment to and for the use of a
veteran with a service-connected loss of or 
the loss of use of a leg, foot, hand, or arm, or any
veteran who is a double amputee, whether 
service connected or not. The motor vehicle must be purchased
by and especially equipped for 
use by the qualifying veteran. Certificate of exemption
or refunds of taxes paid is granted under 
rules or regulations that the tax administrator may
prescribe.
     (36) Textbooks. - From
the sale and from the storage, use, or other consumption in this 
state of textbooks by an "educational
institution" as defined in subdivision (18) of this section and 
as well as any educational institution within the
purview of section 16-63-9(4) and used textbooks 
by any purveyor.
     (37) Tangible personal
property and supplies used in on-site hazardous waste recycling, 
reuse, or treatment. - From the sale, storage, use, or
other consumption in this state of tangible 
personal property or supplies used or consumed in the
operation of equipment, the exclusive 
function of which is the recycling, reuse, or recovery of
materials (other than precious metals, as 
defined in subdivision (24)(ii) of this section) from the
treatment of "hazardous wastes", as 
defined in section 23-19.1-4, where the "hazardous
wastes" are generated in 
by the same taxpayer and where the personal property is
located at, in, or adjacent to a generating 
facility of the taxpayer in 
the department of environmental management certifying
that the equipment and/or supplies as 
used, or consumed, qualify for the exemption under this subdivision.
If any information relating 
to secret processes or methods of manufacture,
production, or treatment is disclosed to the 
department of environmental management only to procure an order,
and is a "trade secret" as 
defined in section 28-21-10(b), it is not open to public
inspection or publicly disclosed unless 
disclosure is required under chapter 21 of title 28 or chapter
24.4 of title 23.
     (38) Promotional and
product literature of boat manufacturers. - From the sale and from 
the storage, use, or other consumption of promotional and
product literature of boat 
manufacturers shipped to points outside of Rhode Island which
either: (i) accompany the product 
which is sold, (ii) are shipped in bulk to out of state
dealers for use in the sale of the product, or 
(iii) are mailed to customers
at no charge.
     (39) Food items paid for
by food stamps. - From the sale and from the storage, use, or 
other consumption in this state of eligible food items
payment for which is properly made to the 
retailer in the form of 
Act of 1977, 7 U.S.C. section 2011
et seq.
     (40) Transportation
charges. - From the sale or hiring of motor carriers as defined in 
section 39-12-2(l) to haul goods, when the contract or hiring
cost is charged by a motor freight 
tariff filed with the 
the number of hours spent on the job.
     (41) Trade-in value of
boats. - From the sale and from the storage, use, or other 
consumption in this state of so much of the purchase price paid
for a new or used boat as is 
allocated for a trade-in allowance on the boat of the buyer
given in trade to the seller or of the 
proceeds applicable only to the boat as are received from an
insurance claim as a result of a stolen 
or damaged boat, towards the purchase of a new or used
boat by the buyer.
     (42) Equipment used for
research and development. - From the sale and from the storage, 
use, or other consumption of equipment to the extent used
for research and development purposes 
by a qualifying firm. For the purposes of this
subdivision, "qualifying firm" means a business for 
which the use of research and development equipment is an
integral part of its operation, and 
"equipment" means
scientific equipment, computers, software, and related items.
     (43) Coins. - From the
sale and from the other consumption in this state of coins having 
numismatic or investment value.
     (44) Farm structure
construction materials. - Lumber, hardware and other materials used 
in the new construction of farm structures, including
production facilities such as, but not limited 
to, farrowing sheds, free
stall and stanchion barns, milking parlors, silos, poultry barns, laying 
houses, fruit and vegetable storages, rooting cellars,
propagation rooms, greenhouses, packing 
rooms, machinery storage, seasonal farm worker housing,
certified farm markets, bunker and 
trench silos, feed storage sheds, and any other structures
used in connection with commercial 
farming.
     (45) Telecommunications
carrier access service. - Carrier access service or 
telecommunications service when purchased by a telecommunications
company from another 
telecommunications company to facilitate the provision of
telecommunications service.
     (46) Boats or vessels
brought into the state exclusively for winter storage, maintenance, 
repair or sale. - Notwithstanding the provisions of sections
44-18-10, 44-18-11, 44-18-20, the tax 
imposed by section 44-18-20 is not applicable for the period
commencing on the first day of 
October in any year to and including the 30th day of
April next succeeding with respect to the use 
of any boat or vessel within this state exclusively for
purposes of: (i) delivery of the vessel to a 
facility in this state for storage, including dry storage and
storage in water by means of apparatus 
preventing ice damage to the hull, maintenance, or repair; (ii)
the actual process of storage, 
maintenance, or repair of the boat or vessel; or (iii) storage
for the purpose of selling the boat or 
vessel.
     (47) Jewelry display
product. - From the sale and from the storage, use, or other 
consumption in this state of tangible personal property used to
display any jewelry product; 
provided, that title to the jewelry display product is
transferred by the jewelry manufacturer or 
seller and that the jewelry display product is shipped out
of state for use solely outside the state 
and is not returned to the jewelry manufacturer or
seller.
     (48) Boats or vessels
generally. - Notwithstanding the provisions of this chapter, the tax 
imposed by sections 44-18-20 and 44-18-18 shall not apply
with respect to the sale and to the 
storage, use, or other consumption in this state of any new
or used boat. The exemption provided 
for in this subdivision does not apply after October 1,
1993, unless prior to October 1, 1993, the 
federal ten percent (10%) surcharge on luxury boats is
repealed.
     (49) Banks and Regulated
investment companies interstate toll-free calls. - 
Notwithstanding the provisions of this chapter, the
tax imposed by this chapter does not apply to 
the furnishing of interstate and international, toll-free
terminating telecommunication service that 
is used directly and exclusively by or for the benefit
of an eligible company as defined in this 
subdivision; provided, that an eligible company employs on
average during the calendar year no 
less than five hundred (500) "full-time equivalent
employees", as that term is defined in section 
42-64.5-2. For purposes of
this section, an "eligible company" means a "regulated
investment 
company" as that term is defined in the Internal Revenue
Code of 1986, 26 U.S.C. section 1 et 
seq., or a corporation to the extent the service is
provided, directly or indirectly, to or on behalf of 
a regulated investment company, an employee benefit
plan, a retirement plan or a pension plan or 
a state chartered bank.
     (50) Mobile and
manufactured homes generally. - From the sale and from the storage, 
use, or other consumption in this state of mobile and/or
manufactured homes as defined and 
subject to taxation pursuant to the provisions of chapter 44
of title 31.
     (51) Manufacturing
business reconstruction materials.
     (i)
From the sale and from the storage, use or other consumption in this state of
lumber, 
hardware, and other building materials used in the
reconstruction of a manufacturing business 
facility which suffers a disaster, as defined in this
subdivision, in this state. "Disaster" means any 
occurrence, natural or otherwise, which results in the
destruction of sixty percent (60%) or more 
of an operating manufacturing business facility within
this state. "Disaster" does not include any 
damage resulting from the willful act of the owner of the
manufacturing business facility.
     (ii) Manufacturing
business facility includes, but is not limited to, the structures housing 
the production and administrative facilities.
     (iii) In the event a
manufacturer has more than one manufacturing site in this state, the 
sixty percent (60%) provision applies to the damages
suffered at that one site.
     (iv)
To the extent that the costs of the reconstruction materials are
reimbursed by 
insurance, this exemption does not apply.
     (52) Tangible personal
property and supplies used in the processing or preparation of 
floral products and floral arrangements. - From the sale,
storage, use, or other consumption in this 
state of tangible personal property or supplies purchased
by florists, garden centers, or other like 
producers or vendors of flowers, plants, floral products, and
natural and artificial floral 
arrangements which are ultimately sold with flowers, plants, floral
products, and natural and 
artificial floral arrangements or are otherwise used in the
decoration, fabrication, creation, 
processing, or preparation of flowers, plants, floral products,
or natural and artificial floral 
arrangements, including descriptive labels, stickers, and cards
affixed to the flower, plant, floral 
product or arrangement, artificial flowers, spray materials,
floral paint and tint, plant shine, flower 
food, insecticide and fertilizers.
     (53) Horse food
products. - From the sale and from the storage, use, or other consumption 
in this state of horse food products purchased by a
person engaged in the business of the boarding 
of horses.
     (54) Non-motorized
recreational vehicles sold to nonresidents.
     (i)
From the sale, subsequent to June 30, 2003, of a non-motorized recreational
vehicle to 
a bona fide nonresident of this state who does not
register the non-motorized recreational vehicle 
in this state, whether the sale or delivery of the
non-motorized recreational vehicle is made in this 
state or at the place of residence of the nonresident;
provided, that a non-motorized recreational 
vehicle sold to a bona fide nonresident whose state of
residence does not allow a like exemption 
to its nonresidents is not exempt from the tax imposed
under section 44-18-20; provided, further, 
that in that event the bona fide nonresident pays a tax to
to the rate that would be imposed in his or her state of
residence not to exceed the rate that would 
have been imposed under section 44-18-20. Notwithstanding
any other provisions of law, a 
licensed non-motorized recreational vehicle dealer shall add
and collect the tax required under 
this subdivision and remit the tax to the tax
administrator under the provisions of chapters 18 and 
19 of this title. Provided, that when a 
dealer is required to add and collect the sales and use tax
on the sale of a non-motorized 
recreational vehicle to a bona fide nonresident as provided in
this section, the dealer in computing 
the tax takes into consideration the law of the state of
the nonresident as it relates to the trade-in 
of motor vehicles.
     (ii) The tax
administrator, in addition to the provisions of sections 44-19-27 and 44-19-
28, may require any licensed non-motorized
recreational vehicle dealer to keep records of sales to 
bona fide nonresidents as the tax administrator deems
reasonably necessary to substantiate the 
exemption provided in this subdivision, including the affidavit
of a licensed non-motorized 
recreational vehicle dealer that the purchaser of the
non-motorized recreational vehicle was the 
holder of, and had in his or her possession a valid
out-of-state non-motorized recreational vehicle 
registration or a valid out-of-state driver's license.
     (iii) Any nonresident
who registers a non-motorized recreational vehicle in this state 
within ninety (90) days of the date of its sale to him or
her is deemed to have purchased the non-
motorized recreational vehicle for use, storage, or other
consumption in this state, and is subject 
to, and liable for the use tax imposed under the
provisions of section 44-18-20.
     (iv) "Non-motorized
recreational vehicle" means any portable dwelling designed and 
constructed to be used as a temporary dwelling for travel,
camping, recreational, and vacation use 
which is eligible to be registered for highway use,
including, but not limited to, "pick-up coaches" 
or "pick-up campers," "travel
trailers," and "tent trailers" as those terms are defined in
chapter 1 
of title 31.
     (55) Sprinkler and fire
alarm systems in existing buildings. - From the sale in this state of 
sprinkler and fire alarm systems, emergency lighting and alarm
systems, and from the sale of the 
materials necessary and attendant to the installation of those
systems, that are required in 
buildings and occupancies existing therein in July 2003, in
order to comply with any additional 
requirements for such buildings arising directly from the
enactment of the Comprehensive Fire 
Safety Act of 2003, and that are not required by any
other provision of law or ordinance or 
regulation adopted pursuant to that Act. The exemption provided
in this subdivision shall expire 
on December 31, 2008.
     (56) Aircraft. -
Notwithstanding the provisions of this chapter, the tax imposed by 
sections 44-18-18 and 44-18-20 shall not apply with respect to
the sale and to the storage, use, or 
other consumption in this state of any new or used aircraft
or aircraft parts.
     (57) Renewable energy
products. - Notwithstanding any other provisions of 
general laws the following products shall also be exempt from
sales tax: solar photovoltaic 
modules or panels, or any module or panel that generates
electricity from light; solar thermal 
collectors, including, but not limited to, those manufactured
with flat glass plates, extruded 
plastic, sheet metal, and/or evacuated tubes; geothermal heat
pumps, including both water-to-
water and water-to-air type pumps; wind turbines; towers
used to mount wind turbines if 
specified by or sold by a wind turbine manufacturer; DC to AC
inverters that interconnect with 
utility power lines; manufactured mounting racks and ballast
pans for solar collector, module or 
panel installation. Not to include materials that could be
fabricated into such racks; monitoring 
and control equipment, if specified or supplied by a
manufacturer of solar thermal, solar 
photovoltaic, geothermal, or wind energy systems or if required by
law or regulation for such 
systems but not to include pumps, fans or plumbing or
electrical fixtures unless shipped from the 
manufacturer affixed to, or an integral part of, another item specified
on this list; and solar storage 
tanks that are part of a solar domestic hot water system or
a solar space heating system. If the tank 
comes with an external heat exchanger it shall also be
tax exempt, but a standard hot water tank is 
not exempt from state sales tax.
     (58) Returned property.
- The amount charged for property returned by customers upon 
rescission of the contract of sale when the entire amount
exclusive of handling charges paid for 
the property is refunded in either cash or credit, and
where the property is returned within one 
hundred twenty (120) days from the date of delivery.
     (59) Dietary
Supplements. - From the sale and from the storage, use or other 
consumption of dietary supplements as defined in section
44-18-7.1(l)(v), sold on prescriptions.
     (60) Blood. - From the
sale and from the storage, use or other consumption of human 
blood.
     (61) Agricultural
products for human consumption. - From the sale and from the storage, 
use or other consumption of livestock and poultry of the
kinds of products of which ordinarily 
constitute food for human consumption and of livestock of the
kind the products of which 
ordinarily constitute fibers for human use.
     (62) Diesel emission
control technology. - From the sale and use of diesel retrofit 
technology that is required by section 31-47.3-4 of the general
laws.
     (63) Feed for certain
animals used in commercial farming. From the sale of feed for 
animals as described in subsection 44-18-30(61).
     SECTION 2. This act shall take effect upon passage.
=======
LC00579/SUB A
=======