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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. |