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ARTICLE 12 AS AMENDED |
RELATING TO ECONOMIC DEVELOPMENT
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SECTION 1. Section 42-64-36 of the General Laws in Chapter 42-64 entitled "Rhode |
Island Commerce Corporation" is hereby amended to read as follows: |
42-64-36. Program accountability. |
(a) The board of the Rhode Island commerce corporation shall be responsible for |
establishing accountability standards, reporting standards, and outcome measurements for each of |
its programs to include, but not be limited to, the use of tax credits, loans, loan guarantees, and |
other financial transactions managed or utilized by the corporation. Included in the standards shall |
be a set of principles and guidelines to be followed by the board to include: |
(1) A set of outcomes against which the board will measure each program's and offering's |
effectiveness; |
(2) A set of standards for risk analysis for all of the programs especially the loans and loan |
guarantee programs; and |
(3) A process for reporting out all loans, loan guarantees, and any other financial |
commitments made through the corporation that includes the purpose of the loan, financial data as |
to payment history, and other related information. |
(b) The board shall annually prepare a report starting in January 2015 which shall be |
submitted to the house and senate. The report shall summarize the above listed information on each |
of its programs and offerings and contain recommendations for modification, elimination, or |
continuation. |
(c) The commerce corporation shall prepare a report beginning January 1, 2019, which |
shall be submitted to the house and senate within a period of thirty (30) days of the close of each |
quarter. The report shall summarize the information listed in subsection (a) of this section on each |
of its programs and offerings, including any modifications, adjustments, clawbacks, reallocations, |
alterations, or other changes, made from the close of the prior fiscal quarter and include comparison |
data to the reports submitted pursuant to §§ 42-64.20-9(b), 42-64.21-8(a) and (8)(c), 42-64.22- |
14(a), 42-64.23-5(d), 42-64.24-5(d), 42-64.25-12, 42-64.26-6, 42-64.27-4, 42-64.28-9, 42-64.29- |
7(a), 42-64.31-3, 44-48.3-13(b) and (13)(c), chapters 64.20, 64.21, 64.22, 64.23, 64.24, 64.25, |
64.26, 64.27, 64.28, 64.29, 64.30, 64.31, 64.32 of title 42 and § 44-48.3-13. |
(d) The board shall coordinate its efforts with the office of revenue analysis to not duplicate |
information on the use of tax credits and other tax expenditures. |
SECTION 2. 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, |
2018 June 30, 2020. |
SECTION 3. 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, 2018 June 30, 2020. |
SECTION 4. 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, 2018 June 30, 2020. |
SECTION 5. Section 42-64.23-8 of the General Laws in Chapter 42-64.23 entitled "First |
Wave Closing Fund" 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, |
2018 June 30, 2020. |
SECTION 6. Section 42-64.24-8 of the General Laws in Chapter 42-64.24 entitled "I-195 |
Redevelopment Project Fund" is hereby amended to read 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, 2018 June 30, 2020. |
SECTION 7. Section 42-64.25-14 of the General Laws in Chapter 42-64.25 entitled "Small |
Business Assistance Program" is hereby amended to read as follows: |
42-64.25-14. Sunset. |
No grants, funding, or incentives shall be authorized pursuant to this chapter after |
December 31, 2018 June 30, 2020. |
SECTION 8. Section 42-64.26-12 of the General Laws in Chapter 42-64.26 entitled "Stay |
Invested in RI Wavemaker Fellowship" is hereby amended to read as follows: |
42-64.26-12. Sunset. |
No incentives or credits shall be authorized pursuant to this chapter after December 31, |
2018 June 30, 2020. |
SECTION 9. 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 to read as follows: |
42-64.27-6. Sunset. |
No incentives shall be authorized pursuant to this chapter after December 31, 2018 June |
30, 2020. |
SECTION 10. Section 42-64.28-10 of the General Laws in Chapter 42-64.28 entitled |
"Innovation Initiative" is hereby amended to read as follows: |
42-64.28-10. Sunset. |
No vouchers, grants, or incentives shall be authorized pursuant to this chapter after |
December 31, 2018 June 30, 2020. |
SECTION 11. Section 42-64.29-8 of the General Laws in Chapter 42-64.29 entitled |
"Industry Cluster Grants" is hereby amended to read as follows: |
42-64.29-8. Sunset. |
No grants or incentives shall be authorized to be reserved pursuant to this chapter after |
December 31, 2018 June 30, 2020. |
SECTION 12. Section 42-64.31-4 of the General Laws in Chapter 42-64.31 entitled "High |
School, College, and Employer Partnerships" is hereby amended to read as follows: |
42-64.31-4. Sunset. |
No grants shall be authorized pursuant to this chapter after December 31, 2018 June 30, |
2020. |
SECTION 13. Chapter 42-64.32 of the General Laws entitled "Air Service Development |
Fund" is hereby amended by adding thereto the following section: |
42-64.32-6. Sunset. |
No grants, credits, or incentives shall be authorized or authorized to be reserved pursuant |
to this chapter after June 30, 2020. |
SECTION 14. Section 44-48.3-14 of the General Laws in Chapter 44-48.3 entitled "Rhode |
Island New Qualified Jobs Incentive Act 2015" is hereby amended to read as follows: |
44-48.3-14. Sunset. |
No credits shall be authorized to be reserved pursuant to this chapter after December 31, |
2018 June 30, 2020. |
SECTION 15. Section 42-64.25-6 of the General Laws in Chapter 42-64.25 entitled "Small |
Business Assistance Program" is hereby amended to read as follows: |
42-64.25-6. Micro-loan allocation. |
Notwithstanding anything to the contrary in this chapter, not less than ten percent (10%) |
and not more than twenty-five percent (25%) of program funds will be allocated to "micro loans" |
with a principal amount between two thousand dollars ($2,000) and twenty-five thousand dollars |
($25,000). Micro loans will be administered by lending organizations, which will be selected by |
the commerce corporation on a competitive basis and shall have experience in providing technical |
and financial assistance to microenterprises. |
SECTION 16. Sections 44-31.2-2 and 44-31.2-5 of the General Laws in Chapter 44-31.2 |
entitled "Motion Picture Production Tax Credits" are hereby amended to read as follows: |
44-31.2-2. Definitions. |
For the purposes of this chapter: |
(1) "Accountant's certification" as provided in this chapter means a certified audit by a |
Rhode Island certified public accountant licensed in accordance with chapter 3.1 of title 5. |
(2) "Application year" means within the calendar year the motion picture production |
company files an application for the tax credit. |
(3) "Base investment" means the actual investment made and expended by a state-certified |
production in the state as production-related costs. |
(4) "Documentary production" means a non-fiction production intended for educational or |
commercial distribution that may require out-of-state principal photography. |
(5) "Domiciled in Rhode Island" means a corporation incorporated in Rhode Island or a |
partnership, limited liability company, or other business entity formed under the laws of the state |
of Rhode Island for the purpose of producing motion pictures as defined in this section, or an |
individual who is a domiciled resident of the state of Rhode Island as defined in chapter 30 of this |
title. |
(6) "Final production budget" means and includes the total pre-production, production, and |
post-production out-of-pocket costs incurred and paid in connection with the making of the motion |
picture. The final production budget excludes costs associated with the promotion or marketing of |
the motion picture. |
(7) "Motion picture" means a feature-length film, documentary production, video, |
television series, or commercial made in Rhode Island, in whole or in part, for theatrical or |
television viewing or as a television pilot or for educational distribution. The term "motion picture" |
shall not include the production of television coverage of news or athletic events, reality television |
show(s) nor shall it apply to any film, video, television series, or commercial or a production for |
which records are required under 18 U.S.C. § 2257, to be maintained with respect to any performer |
in such production or reporting of books, films, etc. with respect to sexually explicit conduct. |
(8) "Motion picture production company" means a corporation, partnership, limited |
liability company, or other business entity engaged in the business of producing one or more motion |
pictures as defined in this section. Motion picture production company shall not mean or include: |
(a) Any company owned, affiliated, or controlled, in whole or in part, by any company or |
person who or that is in default: |
(i) On taxes owed to the state; or |
(ii) On a loan made by the state in the application year; or |
(iii) On a loan guaranteed by the state in the application year; or |
(b) Any company or person who or that has discharged an obligation to pay or repay public |
funds or monies by: |
(i) Filing a petition under any federal or state bankruptcy or insolvency law; |
(ii) Having a petition filed under any federal or state bankruptcy or insolvency law against |
such company or person; |
(iii) Consenting to, or acquiescing or joining in, a petition named in (i) or (ii); |
(iv) Consenting to, or acquiescing or joining in, the appointment of a custodian, receiver, |
trustee, or examiner for such company's or person's property; or |
(v) Making an assignment for the benefit of creditors or admitting in writing or in any legal |
proceeding its insolvency or inability to pay debts as they become due. |
(9) "Primary locations" means the locations that (1) At least fifty-one percent (51%) of the |
motion picture principal photography days are filmed; or (2) At least fifty-one percent (51%) of the |
motion picture's final production budget is spent and employs at least five (5) individuals during |
the production in this state; or (3) For documentary productions, the location of at least fifty-one |
percent (51%) of the total productions days, which shall include pre-production and post- |
production locations. |
(10) "Rhode Island film and television office" means an 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 within as the |
"film office". |
(11) "State-certified production" means a motion picture production approved by the |
Rhode Island film office and produced by a motion picture production company domiciled in |
Rhode Island, whether or not such company owns or controls the copyright and distribution rights |
in the motion picture; provided, that such company has either: |
(a) Signed a viable distribution plan; or |
(b) Is producing the motion picture for: |
(i) A major motion picture distributor; |
(ii) A major theatrical exhibitor; |
(iii) Television network; or |
(iv) Cable television programmer. |
(12) "State-certified production cost" means any pre-production, production, and post- |
production cost that a motion picture production company incurs and pays to the extent it occurs |
within the state of Rhode Island. Without limiting the generality of the foregoing, "state-certified |
production costs" include: set construction and operation; wardrobes, make-up, accessories, and |
related services; costs associated with photography and sound synchronization, lighting, and related |
services and materials; editing and related services, including, but not limited to: film processing, |
transfers of film to tape or digital format, sound mixing, computer graphics services, special effects |
services, and animation services, salary, wages, and other compensation, including related benefits, |
of persons employed, either directly or indirectly, in the production of a film including writer, |
motion picture director, producer (provided the work is performed in the state of Rhode Island); |
rental of facilities and equipment used in Rhode Island; leasing of vehicles; costs of food and |
lodging; music, if performed, composed, or recorded by a Rhode Island musician, or released or |
published by a person domiciled in Rhode Island; travel expenses incurred to bring persons |
employed, either directly or indirectly, in the production of the motion picture, to Rhode Island (but |
not expenses of such persons departing from Rhode Island); and legal (but not the expense of a |
completion bond or insurance and accounting fees and expenses related to the production's |
activities in Rhode Island); provided such services are provided by Rhode Island licensed attorneys |
or accountants. |
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 twenty-five percent (25%) thirty percent (30%) of the state certified |
production costs incurred directly attributable to activity within the state, provided 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). 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 subsection § 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), the credit shall not exceed five million dollars |
($5,000,000) 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 five million dollars ($5,000,000) 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). |
(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. 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. |
SECTION 17. This Article shall take effect upon passage. |