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ARTICLE 9 |
RELATING TO ECONOMIC DEVELOPMENT
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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 that meets all of the requirements of chapter 46-13 of |
title 46. |
(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 that |
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 Articles used for food or drink for people or other |
animals,; (ii) chewing Chewing gum,; and (iii) articles 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 that 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 (150ºF) 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 that 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) (i) Grocery |
stores; (2) (ii) restaurants Restaurants; (3) (iii) long Long-term-care facilities; (4) (iv) group |
Group homes; (5) (v) day care Daycare facilities; and (6) (vi) schools Schools. Advertising and |
sales by Internet 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 a 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 |
Fellowships" are hereby amended to read as follows: |
42-64.26-3. Definitions. |
As used in this chapter: |
(1)(7) "Eligible graduate" means an individual who meets the eligibility requirements |
under this chapter. |
(2)(1) "Applicant" means an eligible graduate who applies for a tax credit for education |
loan repayment expenses under this chapter. |
(3)(2) "Award" means a tax credit awarded by the commerce corporation to an applicant |
as provided under this chapter. |
(4)(15) "Taxpayer" means an applicant who receives a tax credit under this chapter. |
(5)(3) "Commerce corporation" means the Rhode Island commerce corporation established |
pursuant to chapter 64 of this 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)(4) "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)(5) "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 (2), four-(4) |
year (4) 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)(8) "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)(9) "Healthcare applicant" means any applicant that who 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)(12) "Service period" means a twelve-(12) month (12) period beginning on the date |
that an eligible graduate receives initial notice of award under this chapter. |
(1112)(14) "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)(11) "Rhode Island-based employer" means: (i) an 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 |
An employer registered to conduct business in this state that reported Rhode Island tax liability in |
the previous tax year. |
(13) "STEM/designFund fund" refers to the "Stay Invested in RI Wavemaker Fellowship |
Fund" established pursuant to § 42-64.26-4(a). |
(15)(10) "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 funds -- 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 who 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 who 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 |
subsection. 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 The taxpayer has actually incurred and paid such education loan |
repayment expenses; (ii) the 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 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 15. Title 42 of the General Laws entitled "STATE AFFAIRS AND |
GOVERNMENT" is hereby amended by adding thereto the following chapter: |
CHAPTER 162 163 |
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 that 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 42-163-1. Definitions. |
As used in this chapter, the following words shall have the following meanings: |
(1)(2) "Broadband advisory council" or "council" means the broadband advisory council |
established pursuant to the provisions of § 42-162-4 42-163-4. |
(2)(3) "Broadband director" or "director" means the broadband coordinator designated |
pursuant to the provisions of § 42-162-2 42-163-2. |
(3)(1) "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)(6) "Unserved" means a geographic location of the state in which there is no provider |
of broadband Internet 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)(5) "Underserved" means a geographic location of the state in which there is no |
broadband Internet internet service available at consistent speeds with the ability to scale upload |
speeds over time consistent with technology trends. |
42-162-2 42-163-2. 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 42-163-3. 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 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 council 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 42-163-4. 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 42-163-5. |
(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) The Rhode Island emergency management agency director, or designee; |
(3) The Rhode Island League of Cities and Towns executive director, or designee; |
(4) The Boys and Girls Club president, or designee appointed by the senate president; |
(5) The 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 42-163-5. 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 council shall additionally invite telecommunications/IT experts and broadband |
stakeholders to inform the committee council. The broadband advisory committee council shall |
provide a 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 42-163-6. 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 42-163.7. 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. |