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art.006/6/006/5/006/4/006/3/006/2/006/1

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     ARTICLE 6 AS AMENDED

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RELATING TO ECONOMIC DEVELOPMENT

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     SECTION 1. Sections 5-23-2 and 5-23-6 of the General Laws in Chapter 5-23 entitled

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"Holiday Business" are hereby amended to read as follows:

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     5-23-2. Licenses for holiday business.

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     (a) A retail establishment may be open on any day of the year except as specifically

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prohibited herein. A retail establishment shall not be open on a holiday unless licensed by the

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appropriate town council pursuant to this section. The city or town council of any city or town shall

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grant holiday licenses for the sale by retail establishments. No license shall be issued on December

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25 of any year or on Thanksgiving Day, except to:

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     (1) Pharmacies licensed under chapter 19.1 of this title; provided, however, that no drug

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(as defined in § 5-19.1-2) or controlled substance (as defined in § 5-19.1-2) requiring a prescription

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(as defined in § 5-19.1-2) shall be dispensed or sold unless a licensed pharmacist-in-charge (as

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defined in § 5-19.1-2) is available on the premises;

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     (2) Retail establishments that principally sell food products as defined in § 44-18-30(9) and

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that employ fewer than six (6) employees per shift at any one location;

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     (3) Retail establishments principally engaged in the sale of cut flowers, floral products,

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plants, shrubs, trees, fertilizers, seeds, bulbs, and garden accessories;

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     (4) Retail establishments principally engaged in the sale and/or rental of video cassette

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tapes; and

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     (5)(4) Retail establishments principally engaged in the preparation or sale of bakery

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products.

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     (b) Retail establishments licensed pursuant to this section may be permitted to open for

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business during holidays on their normal business working hours.

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     (c) Retail establishments licensed pursuant to this section shall be exempt from the

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provisions of chapter 1 of title 25, entitled “Holidays and Days of Special Observance,” and those

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establishments may sell any and all items sold in the ordinary course of business with the exception

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of alcoholic beverages.

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     (d) All employees engaged in work during Sundays or holidays pursuant to the provisions

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of this section shall receive from their employer no less than time and a half for the work so

 

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performed and shall be guaranteed at least a minimum of four (4) hours employment; except those

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employees referred to in § 28-12-4.3(a)(4), provided that the work performed by the employee is

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strictly voluntary and refusal to work for any retail establishment on a Sunday or holiday is not a

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ground for discrimination, dismissal, or discharge or any other penalty upon the employee. The city

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or town council may fix and cause to be paid into the city or town treasury for each license issued

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pursuant to this section a fee not to exceed the sum of one hundred dollars ($100) and may fix the

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time or times when the license granted terminates; provided, that the city or town council shall not

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charge a licensing fee to any charitable, benevolent, educational, philanthropic, humane, patriotic,

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social service, civic, fraternal, police, fire, labor, or religious organization that is not operated for

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profit.

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     (e) Retail establishments engaged principally in the preparation or sale of bakery products

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and pharmacies shall be licensed prior to the sale of those products in accordance with this section;

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provided, that the time and one half and voluntary work provisions do not apply.

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     (f)(c) Each city or town council shall fix, limit, and specify those rules, regulations, and

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conditions relating to the granting, holding, and exercising those licenses as it deems necessary or

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advisable and as are not inconsistent with law, and may suspend or revoke any license granted by

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it for more than two (2) violations of those rules, regulations, and conditions during a calendar year.

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     (g)(d) Each city or town shall grant Class A licenses authorizing retail establishments that

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sell alcoholic beverages for consumption off of the premises within its jurisdiction to sell on

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Sundays, alcoholic beverages in accordance with the terms of this chapter and that of title 3;

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provided that it shall not permit such sale prior to the hour of twelve noon (12:00 p.m.) or on

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Christmas day, if Christmas shall occur on a Sunday; provided, further, that no employee shall be

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required to work and refusal to work on a Sunday shall not be the grounds for discrimination,

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dismissal, discharge, deduction of hours, or any other penalty.

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     5-23-6. Enforcement — Penalties.

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     (a) Upon complaint filed with the director of labor and training by any employee or any

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consumer, or if a minor, by his or her parent or guardian, or by the lawful collective bargaining

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representative of an employee, that a licensee under this chapter person, firm, or corporation has

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violated the terms of § 5-23-2, the director shall cause the complaint to be investigated, and if

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satisfied that a probable violation has occurred, shall issue a complaint against the licensee person,

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firm, or corporation with a notice for a hearing. The hearing shall be held before a hearing officer

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of the department of labor and training. If the director concludes on the basis of the hearing record

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that a violation has occurred, he or she shall issue a cease and desist order to the licensee person,

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firm, or corporation, or he or she shall refer the complaint to the attorney general for appropriate

 

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action as provided in subsection (c) of this section. The director shall issue regulations in

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conformity with law and preserving the rights of due process of all parties to implement the

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provisions of this subsection.

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     (b) Every licensed or unlicensed person, firm, or corporation, including its officers and

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officials, who or that violates any of the provisions of his, her, or its license or the provisions of

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this chapter, except as set forth in subsection (a) of this section, shall be fined not exceeding five

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hundred dollars ($500) for the first offense and not exceeding one thousand dollars ($1,000) for

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each additional offense.

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     (c) Except as otherwise provided in subsections (a) and (b) of this section, suit for violation

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of the provisions of this chapter, praying for criminal or civil injunctive or other relief, may be

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instituted in the superior court by any city or town or by the attorney general.

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     (d) The penalty for opening and operating a business on December 25th of any year or on

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Thanksgiving Day, unless excepted, is, in addition to subsection (b) of this section, a fine not

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exceeding thirty percent (30%) of the sales or proceeds for that day.

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     SECTION 2. Sections 5-23-3, 5-23-4 and 5-23-5 of the General Laws in Chapter 5-23

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entitled "Holiday Business" are hereby repealed.

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     5-23-3. Works of necessity for which license not required.

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     A license is not required for the sale upon a holiday of gasoline, oil, grease, automotive

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parts, automotive servicing, or automotive accessories, or for the conducting on that day by any

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farmers’ cooperative association of a wholesale auction market of fruit, vegetables, and farm

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products, all of which are declared to be works of necessity.

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     5-23-4. Terms and conditions of license — Revocation.

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     Any city or town council in each case of granting the license shall fix, limit, and specify in

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the license the hours of the day during which the licensee or licensees may operate and may make

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those rules, regulations, and conditions relative to the granting, holding, and exercising those

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licenses that it deems necessary or advisable and that are not inconsistent with law, and may at any

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time at its pleasure suspend or revoke the license that it granted. The license shall be displayed in

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a conspicuous place on the premises licensed.

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     5-23-5. Place of operation — Delivery carts.

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     The license shall not authorize any sale, rental, or operation at any place not specified in

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the license. The license is deemed to include permission to deliver by means of or sell from any

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cart or other vehicle, ice, milk, or newspapers; provided the number of carts or vehicles to be used

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for that purpose shall be specified in the license and there shall be displayed on each cart or vehicle

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while in that use any evidence that the city or town council prescribes that it is being used pursuant

 

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to that license.

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     SECTION 3. Section 5-50-4 of the General Laws in Chapter 5-50 entitled "Health Clubs"

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is hereby amended to read as follows:

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     5-50-4. Contract contents — Notice to buyer of right to cancel contract — Right of contract

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cancellation — Refund.

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     (a) A copy of every health club contract shall be delivered to the buyer at the time the

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contract is signed.

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     (b)(1) All health club contracts must be in writing signed by the buyer; must designate the

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date on which the buyer actually signs the contract; and must contain a statement of the buyer’s

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rights that substantially complies with this section.

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     (2) The statement must appear in the contract under the conspicuous caption “BUYER’S

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RIGHT TO CANCEL,” and read as follows:

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     “If you wish to cancel this contract, you may cancel in person, by electronic mail or by

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mail to the seller. You must give notice, in writing, that you do not wish to be bound by the contract.

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This notice must be delivered, electronically transmitted, or mailed before midnight of the tenth

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(10th) business day after the date of the contract so entered into. All cancellations must be delivered,

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electronically transmitted, or mailed to:(Insert name, electronic mail address, and mailing address

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of health club).”

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     (3) Proof of in-person cancellation shall be effectuated by writing “cancellation” and the

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date of cancellation across the contract.

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     (4) The buyer shall receive a copy of the contract.

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     (5) The signature of the person employed by the health club who registers the cancellation

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must also appear on the contract.

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     (c) Every contract for health club services shall provide that the contract may be cancelled

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before midnight of the tenth (10th) day after the date of the contract so entered into. The notice of

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the buyer’s cancellation of his or her contract shall be in writing and shall be made in person or by

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electronic mail to the seller at an electronic mail address that shall be specified in the contract or

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by mail to the seller at the address specified in the contract.

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     (d) Every contract for health club services shall provide clearly and conspicuously, in

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writing, that after the expiration of the ten-day (10) period for cancellation as provided in subsection

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(b)(2):

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     (1) The buyer shall be relieved from any and all obligations under the contract, and shall

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be entitled to a refund of any prepaid membership under the contract if:

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     (i) A buyer relocates further than fifteen (15) miles from a comparable health club facility

 

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operated by the seller;

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     (ii) If a health club facility relocates further than fifteen (15) miles from its current location,

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or the seller does not maintain a health club service within a fifteen (15) mile radius from its current

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location; or

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     (iii) If the health club services or facilities are not available to the buyer because the seller

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fails to open a planned health club or location, permanently discontinues operation of the health

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club or location, or substantially changes the operation;

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     (2) If a buyer becomes significantly physically or medically disabled for a period in excess

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of three (3) months during the membership term, he or she has the option:

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     (i) To be relieved of liability for payment on that portion of the contract term for which the

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purchaser is disabled and receive a full refund of any prepaid membership on the contract; or

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     (ii) To extend the duration of the contract at no additional cost for a period equal to the

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duration of the disability. The health club may require that a doctor’s certificate be submitted as

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verification of the disability;

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     (3) In the event of the buyer’s death, his or her estate shall be relieved of any further

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obligation for payment under the contract and shall be entitled to a refund for any prepaid

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membership for the unused portion of the contract. The health club may require verification of

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death;

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     (4) In the event of a sale of health club ownership, the contract is voidable at the option of

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the buyer.

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     (e) A health club contract that does not comply with the provisions of this chapter is

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voidable at the option of the buyer.

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     (f) Upon cancellation pursuant to this section, the buyer shall be free of any and all

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obligations under the contract, and any prepaid monies pursuant to this contract shall be refunded

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within fifteen (15) business days of receipt of the notice of cancellation. The right of cancellation

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shall not be affected by the terms of the contract and may not be waived or surrendered.

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     (g) Notice of the buyer’s right to cancel and the method of cancellation under this section

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shall also be posted clearly and conspicuously on the premises of the health club.

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     SECTION 4. Section 5-78-2 of the General Laws in Chapter 5-78 entitled "Dating

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Services" is hereby amended to read as follows:

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     5-78-2. Contract requirements.

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     (a) Each contract for social referral services shall provide that such contract may be

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cancelled at any time up until midnight of the third (3rd) business day after the date of receipt by

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the buyer of a copy of the written contract, by written notice, delivered by electronic mail to the

 

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seller at an electronic mail address that shall be specified in the contract or by certified or registered

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United States mail to the seller at an address that shall be specified in the contract.

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     (b)(1) In every contract for social referral services, the seller shall furnish to the buyer a

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fully completed copy of the contract at the time of its execution, which shows the date of the

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transaction and contains the name, electronic mail address, and address of the seller, and in the

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immediate proximity to the space reserved in the contract for the signature of the buyer and in not

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less than ten-point (10) boldface type, a statement in substantially the following form:

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     “You, the buyer, may cancel this contract at any time prior to midnight of the third business

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day after your receipt of this contract. See the attached notice of cancellation for an explanation of

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this right.”

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     (2) At the time the buyer signs the social referral services contract, a statement captioned

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"Notice of Cancellation" shall be contained in the contract and shall contain, in not less than ten-

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point (10) boldface type, the following information and statements:

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“Notice of Cancellation”

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     “________________________________________ (Date of Transaction)

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     You may cancel this contract, without any penalty or obligation, at any time prior to

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midnight of the third business day after your receipt of this contract by mailing this signed and

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dated notice of cancellation by certified or registered United States mail to the seller at the following

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address: __________________________. You may also cancel this contract, without any penalty

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or obligation, at any time prior to midnight of the third business day after your receipt of this

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contract by electronically transmitting this contract by electronic mail to the seller at the following

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electronic mail address:________________________________________________. If you cancel,

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any payments made by you under the contract will be returned within ten (10) business days

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following receipt by the seller of your cancellation notice.”

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     (3) All moneys paid pursuant to any contract for social referral services shall be refunded

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within ten (10) business days of receipt of the notice of cancellation.

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     (c) The consumer’s right of rescission shall not be waived, sold, or abrogated in any way

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or manner.

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     SECTION 5. Sections 42-64.20-5 and 42-64.20-10 of the General Laws in Chapter 42-

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64.20 entitled "Rebuild Rhode Island Tax Credit" are hereby amended to read as follows:

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     42-64.20-5. Tax credits.

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     (a) An applicant meeting the requirements of this chapter may be allowed a credit as set

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forth hereinafter against taxes imposed upon such person under applicable provisions of title 44 of

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the general laws for a qualified development project.

 

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     (b) To be eligible as a qualified development project entitled to tax credits, an applicant’s

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chief executive officer or equivalent officer shall demonstrate to the commerce corporation, at the

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time of application, that:

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     (1) The applicant has committed a capital investment or owner equity of not less than

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twenty percent (20%) of the total project cost;

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     (2) There is a project financing gap in which after taking into account all available private

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and public funding sources, the project is not likely to be accomplished by private enterprise

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without the tax credits described in this chapter; and

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     (3) The project fulfills the state’s policy and planning objectives and priorities in that:

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     (i) The applicant will, at the discretion of the commerce corporation, obtain a tax

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stabilization agreement from the municipality in which the real estate project is located on such

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terms as the commerce corporation deems acceptable;

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     (ii) It (A) Is a commercial development consisting of at least 25,000 square feet occupied

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by at least one business employing at least 25 full-time employees after construction or such

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additional full-time employees as the commerce corporation may determine; (B) Is a multi-family

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residential development in a new, adaptive reuse, certified historic structure, or recognized

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historical structure consisting of at least 20,000 square feet and having at least 20 residential units

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in a hope community; or (C) Is a mixed-use development in a new, adaptive reuse, certified historic

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structure, or recognized historical structure consisting of at least 25,000 square feet occupied by at

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least one business, subject to further definition through rules and regulations promulgated by the

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commerce corporation; and

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     (iii) Involves a total project cost of not less than $5,000,000, except for a qualified

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development project located in a hope community or redevelopment area designated under § 45-

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32-4 in which event the commerce corporation shall have the discretion to modify the minimum

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project cost requirement.

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     (4) Until July 1, 2025, pursuant to P. L. 2022 ch. 271 and P. L. 2022 ch. 272, for

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construction projects in excess of ten million dollars ($10,000,000), all construction workers shall

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be paid in accordance with the wages and benefits required pursuant to chapter 13 of title 37 with

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all contractors and subcontractors required to file certified payrolls on a monthly basis for all work

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completed in the preceding month on a uniform form prescribed by the director of labor and

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training. Failure to follow the requirements pursuant to chapter 13 of title 37 shall constitute a

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material violation and a material breach of the agreement with the state. The commerce corporation,

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in consultation with the director of labor and training and the tax administrator, shall promulgate

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such rules and regulations as are necessary to implement the enforcement of this subsection. The

 

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provisions of this subsection shall expire and sunset on July 1, 2025.

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     (5) Notwithstanding any general or special law or rule or regulation to the contrary, for

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construction projects awarded a tax credit agreement on or after July 1, 2025, and involving a

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budget of direct hard construction costs (as defined in § 44-33.6-2) in excess of twenty-five million

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dollars ($25,000,000), all construction workers shall be paid in accordance with the wages and

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benefits required pursuant to chapter 13 of title 37 with all contractors and subcontractors required

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to file certified payrolls on a monthly basis for all work completed in the preceding month on a

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uniform form prescribed by the director of labor and training. Failure to follow the requirements

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pursuant to chapter 13 of title 37 shall constitute a material violation and a material breach of the

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agreement with the state. The commerce corporation, in consultation with the director of labor and

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training and the tax administrator, shall promulgate such rules and regulations as are necessary to

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implement the enforcement of this subsection.

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     (c) The commerce corporation shall develop separate, streamlined application processes

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for the issuance of rebuild RI tax credits for each of the following:

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     (1) Qualified development projects that involve certified historic structures;

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     (2) Qualified development projects that involve recognized historical structures;

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     (3) Qualified development projects that involve at least one manufacturer; and

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     (4) Qualified development projects that include affordable housing or workforce housing.

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     (d) Applications made for a historic structure or recognized historic structure tax credit

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under chapter 33.6 of title 44 shall be considered for tax credits under this chapter. The division of

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taxation, at the expense of the commerce corporation, shall provide communications from the

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commerce corporation to those who have applied for and are in the queue awaiting the offer of tax

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credits pursuant to chapter 33.6 of title 44 regarding their potential eligibility for the rebuild RI tax

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credit program.

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     (e) Applicants (1) Who have received the notice referenced in subsection (d) above and

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who may be eligible for a tax credit pursuant to chapter 33.6 of title 44; (2) Whose application

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involves a certified historic structure or recognized historical structure; or (3) Whose project is

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occupied by at least one manufacturer shall be exempt from the requirements of subsections

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(b)(3)(ii) and (b)(3)(iii). The following procedure shall apply to such applicants:

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     (i) The division of taxation shall remain responsible for determining the eligibility of an

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applicant for tax credits awarded under chapter 33.6 of title 44;

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     (ii) The commerce corporation shall retain sole authority for determining the eligibility of

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an applicant for tax credits awarded under this chapter; and

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     (iii) The commerce corporation shall not award in excess of fifteen percent (15%) of the

 

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annual amount authorized in any fiscal year to applicants seeking tax credits pursuant to this

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subsection (e); and

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     (iv) No tax credits shall be awarded under this chapter unless the commerce corporation

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receives confirmation from the department of labor and training that there has been compliance

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with the prevailing wage requirements set forth in subsection (b) of this section.

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     (f) Maximum project credit.

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     (1) For qualified development projects, the maximum tax credit allowed under this chapter

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shall be the lesser of (i) Thirty percent (30%) of the total project cost; or (ii) The amount needed to

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close a project financing gap (after taking into account all other private and public funding sources

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available to the project), as determined by the commerce corporation.

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     (2) The credit allowed pursuant to this chapter, inclusive of any sales and use tax

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exemptions allowed pursuant to this chapter, shall not exceed fifteen million dollars ($15,000,000)

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for any qualified development project under this chapter; except as provided in subsection (f)(3) of

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this section; provided however, any qualified development project that exceeds the project cap upon

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passage of this act shall be deemed not to exceed the cap, shall not be reduced, nor shall it be further

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increased. No building or qualified development project to be completed in phases or in multiple

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projects shall exceed the maximum project credit of fifteen million dollars ($15,000,000) for all

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phases or projects involved in the rehabilitation of the building. Provided, however, that for

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purposes of this subsection and no more than once in a given fiscal year, the commerce corporation

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may consider the development of land and buildings by a developer on the “I-195 land” as defined

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in § 42-64.24-3(6) as a separate, qualified development project from a qualified development

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project by a tenant or owner of a commercial condominium or similar legal interest including

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leasehold improvement, fit out, and capital investment. Such qualified development project by a

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tenant or owner of a commercial condominium or similar legal interest on the I-195 land may be

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exempted from subsection (f)(1)(i) of this section.

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     (3) The credit allowed pursuant to this chapter, inclusive of any sales and use tax

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exemptions allowed pursuant to this chapter, shall not exceed twenty-five million dollars

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($25,000,000) for the project for which the I-195 redevelopment district was authorized to enter

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into a purchase and sale agreement for parcels 42 and P4 on December 19, 2018, provided that

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project is approved for credits pursuant to this chapter by the commerce corporation.

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     (4) For qualified development projects involving the development of housing and mixed

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use projects involving housing which are restricted to require at least twenty percent (20%) of the

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housing units being affordable housing or workforce housing development for residents making no

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more than between eighty percent (80%) and one hundred twenty percent (120%) of the area

 

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median income (AMI) shall be allowed sales and use tax exemptions of up to thirty percent (30%)

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of the maximum project credit in addition to the maximum project credit of fifteen million dollars

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($15,000,000) pursuant to this chapter. Any sales and use tax exemptions allowed in addition to the

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maximum project credit shall be for purchases made by June 30, 2028.

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     (g) Credits available under this chapter shall not exceed twenty percent (20%) of the project

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cost, provided, however, that the applicant shall be eligible for additional tax credits of not more

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than ten percent (10%) of the project cost, if the qualified development project meets any of the

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following criteria or other additional criteria determined by the commerce corporation from time

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to time in response to evolving economic or market conditions:

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     (1) The project includes adaptive reuse or development of a recognized historical structure;

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     (2) The project is undertaken by or for a targeted industry;

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     (3) The project is located in a transit-oriented development area;

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     (4) The project includes residential development of which at least twenty percent (20%) of

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the residential units are designated as affordable housing or workforce housing;

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     (5) The project includes the adaptive reuse of property subject to the requirements of the

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industrial property remediation and reuse act, § 23-19.14-1 et seq.; or

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     (6) The project includes commercial facilities constructed in accordance with the minimum

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environmental and sustainability standards, as certified by the commerce corporation pursuant to

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Leadership in Energy and Environmental Design or other equivalent standards.

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     (h) Maximum aggregate credits. The aggregate sum authorized pursuant to this chapter,

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inclusive of any sales and use tax exemptions allowed pursuant to this chapter, shall not exceed

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two hundred twenty-five million dollars ($225,000,000), excluding any tax credits allowed

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pursuant to subsection (f)(3) of this section.

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     (i) Tax credits shall not be allowed under this chapter prior to the taxable year in which the

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project is placed in service.

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     (j) The amount of a tax credit allowed under this chapter shall be allowable to the taxpayer

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in up to five, annual increments; no more than thirty percent (30%) and no less than fifteen percent

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(15%) of the total credits allowed to a taxpayer under this chapter may be allowable for any taxable

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year.

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     (k) If the portion of the tax credit allowed under this chapter exceeds the taxpayer’s total

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tax liability for the year in which the relevant portion of the credit is allowed, the amount that

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exceeds the taxpayer’s tax liability may be carried forward for credit against the taxes imposed for

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the succeeding four (4) years, or until the full credit is used, whichever occurs first. Credits allowed

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to a partnership, a limited liability company taxed as a partnership, or multiple owners of property

 

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shall be passed through to the persons designated as partners, members, or owners respectively pro

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rata or pursuant to an executed agreement among persons designated as partners, members, or

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

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or economic attributes of such entity.

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     (l) The commerce corporation, in consultation with the division of taxation, shall establish,

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by regulation, the process for the assignment, transfer, or conveyance of tax credits.

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

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

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taxation under title 44. If a tax credit is subsequently revoked or adjusted, the seller’s tax calculation

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for the year of revocation or adjustment shall be increased by the total amount of the sales proceeds,

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without proration, as a modification under chapter 30 of title 44. In the event that the seller is not a

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natural person, the seller’s tax calculation under chapter 11, 13, 14, or 17 of title 44, as applicable,

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for the year of revocation, or adjustment, shall be increased by including the total amount of the

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sales proceeds without proration.

15

     (n) The tax credit allowed under this chapter may be used as a credit against corporate

16

income taxes imposed under chapter 11, 13, 14, or 17 of title 44, or may be used as a credit against

17

personal income taxes imposed under chapter 30 of title 44 for owners of pass-through entities such

18

as a partnership, a limited liability company taxed as a partnership, or multiple owners of property.

19

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

20

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

21

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

22

     (p) Upon request of a taxpayer and subject to annual appropriation, the state shall redeem

23

this credit, in whole or in part, for ninety percent (90%) of the value of the tax credit. The division

24

of taxation, in consultation with the commerce corporation, shall establish by regulation a

25

redemption process for tax credits.

26

     (q) Projects eligible to receive a tax credit under this chapter may, at the discretion of the

27

commerce corporation, be exempt from sales and use taxes imposed on the purchase of the

28

following classes of personal property only to the extent utilized directly and exclusively in the

29

project: (1) Furniture, fixtures, and equipment, except automobiles, trucks, or other motor vehicles;

30

or (2) Other materials, including construction materials and supplies, that are depreciable and have

31

a useful life of one year or more and are essential to the project.

32

     (r) The commerce corporation shall promulgate rules and regulations for the administration

33

and certification of additional tax credit under subsection (g), including criteria for the eligibility,

34

evaluation, prioritization, and approval of projects that qualify for such additional tax credit.

 

Art6
RELATING TO ECONOMIC DEVELOPMENT
(Page 11 of 18)

1

     (s) The commerce corporation shall not have any obligation to make any award or grant

2

any benefits under this chapter.

3

     42-64.20-10. Sunset.

4

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

5

2025 2026.

6

     SECTION 6. Section 42-64.21-9 of the General Laws in Chapter 42-64.21 entitled "Rhode

7

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

8

     42-64.21-9. Sunset.

9

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

10

31, 2025 2026.

11

     SECTION 7. Section 42-64.22-15 of the General Laws in Chapter 42-64.22 entitled "Tax

12

Stabilization Incentive" is hereby amended to read as follows:

13

     42-64.22-15. Sunset.

14

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

15

31, 2025 2026.

16

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

17

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

18

     42-64.23-8. Sunset.

19

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

20

2025 2026.

21

     SECTION 9. Section 42-64.24-8 of the General Laws in Chapter 42-64.24 entitled "I-195

22

Redevelopment Project Fund" is hereby amended to read as follows:

23

     42-64.24-8. Sunset.

24

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

25

to this chapter after December 31, 2025 2026.

26

     SECTION 10. Section 42-64.25-14 of the General Laws in Chapter 42-64.25 entitled

27

"Small Business Assistance Program" is hereby amended to read as follows:

28

     42-64.25-14. Sunset.

29

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

30

December 31, 2025 2028.

31

     SECTION 11. Section 42-64.26-3 of the General Laws in Chapter 42-64.26 entitled "Stay

32

Invested in RI Wavemaker Fellowships" is hereby amended to read as follows:

33

     42-64.26-3. Definitions.

34

     As used in this chapter:

 

Art6
RELATING TO ECONOMIC DEVELOPMENT
(Page 12 of 18)

1

     (1) “Applicant” means an eligible graduate who applies for a tax credit for education loan

2

repayment expenses under this chapter.

3

     (2) “Award” means a tax credit awarded by the commerce corporation to an applicant as

4

provided under this chapter.

5

     (3) “Commerce corporation” means the Rhode Island commerce corporation established

6

pursuant to chapter 64 of this title.

7

     (4) “Eligibility period” means a term of up to four (4) consecutive service periods

8

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

9

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

10

     (5) “Eligibility requirements” means the following qualifications or criteria required for an

11

applicant to claim an award under this chapter:

12

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

13

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

14

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

15

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

16

located in this state throughout the eligibility period, whose employment is:

17

     (A) For work in one or more of the following covered fields: life, natural or environmental

18

sciences; computer, information or software technology; advanced mathematics or finance;

19

engineering; industrial design or other commercially related design field; or medicine or medical

20

device technology;

21

     (B) As a teacher; or

22

     (C) As a healthcare applicant.

23

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

24

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

25

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

26

repay for attendance at a postsecondary institution of higher learning.

27

     (7) “Eligible graduate” means an individual who meets the eligibility requirements under

28

this chapter.

29

     (8) “Full-time employee” means:

30

     (i) A a person who is employed by a business for consideration for a minimum of at least

31

thirty-five (35) hours per week, or who renders any other standard of service generally accepted by

32

custom or practice as full-time employment, or who is employed by a professional employer

33

organization pursuant to an employee leasing agreement between the business and the professional

34

employer organization for a minimum of thirty-five (35) hours per week, or who renders any other

 

Art6
RELATING TO ECONOMIC DEVELOPMENT
(Page 13 of 18)

1

standard of service generally accepted by custom or practice as full-time employment, and whose

2

wages are subject to withholding; or

3

     (ii) A healthcare applicant, as defined pursuant to the provisions of this section, who works

4

or professionally provides healthcare services for a minimum of thirty-five (35) hours per week as

5

a sole proprietor, as a partner in a healthcare service partnership, or as a member in a single member

6

limited liability company ("LLC") to include any healthcare applicant who has completed an

7

application pursuant to the provisions of § 42-64.26-5 on or after July 1, 2022.

8

     (9) “Fund” refers to the “Stay Invested in RI Wavemaker Fellowship Fund” established

9

pursuant to § 42-64.26-4(a).

10

     (10) “Healthcare applicant” means any applicant who meets the eligibility requirements

11

and works as a full-time employee or in a capacity as defined in subsection 8(ii) of this section, as

12

a high-demand healthcare practitioner or mental health professional, including, but not limited to,

13

clinical social workers and mental health counselors licensed by the department of health, and as

14

defined in regulations to be promulgated by the commerce corporation, in consultation with the

15

executive office of health and human services, pursuant to chapter 35 of this title.

16

     (11) “Primary care” means healthcare services that cover a range of prevention, wellness,

17

and treatment for common illnesses and injuries. Primary care includes patients making an initial

18

approach to a healthcare professional for treatment as well as long-term relationships established

19

between a patient and a healthcare professional and may include family medicine or medical care,

20

general internal medicine or medical care, and general medical practice.

21

     (12) “Rhode Island-based employer” means: (i) An employer having a principal place of

22

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

23

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

24

tax year.

25

     (13) “Service period” means a twelve-month (12) period beginning on the date that an

26

eligible graduate receives initial notice of award under this chapter.

27

     (14) “Student loan” means a loan to an individual by a public authority or private lender to

28

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

29

institution of higher learning.

30

     (15) “Taxpayer” means an applicant who receives a tax credit under this chapter.

31

     (16) “Teacher” shall have the meaning prescribed to it in rules and regulations to be

32

promulgated by the commerce corporation in consultation with the Rhode Island department of

33

elementary and secondary education.

34

     SECTION 12. Section 42-64.26-12 of the General Laws in Chapter 42-64.26 entitled "Stay

 

Art6
RELATING TO ECONOMIC DEVELOPMENT
(Page 14 of 18)

1

Invested in RI Wavemaker Fellowships" is hereby amended to read as follows:

2

     42-64.26-12. Sunset.

3

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

4

2025 2026.

5

     SECTION 13. Section 42-64.27-6 of the General Laws in Chapter 42-64.27 entitled "Main

6

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

7

     42-64.27-6. Sunset.

8

     No incentives shall be authorized pursuant to this chapter after December 31, 2025 2026.

9

     SECTION 14. Section 42-64.28-10 of the General Laws in Chapter 42-64.28 entitled

10

"Innovation Initiative" is hereby amended to read as follows:

11

     42-64.28-10. Sunset.

12

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

13

December 31, 2025 2026.

14

     SECTION 15. Section 44-33.6-3 of the General Laws in Chapter 44-33.6 entitled "Historic

15

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

16

     44-33.6-3. Tax credit.

17

     (a) Subject to the maximum credit provisions set forth in subsections (c) and (d) below,

18

any person, firm, partnership, trust, estate, limited liability company, corporation (whether for

19

profit or nonprofit) or other business entity that incurs qualified rehabilitation expenditures for the

20

substantial rehabilitation of a certified historic structure, provided the rehabilitation meets standards

21

consistent with the standards of the Secretary of the United States Department of the Interior for

22

rehabilitation as certified by the commission and said person, firm, partnership, trust, estate, limited

23

liability company, corporation or other business entity is not a social club as defined in § 44-33.6-

24

2, shall be entitled to a credit against the taxes imposed on such person or entity pursuant to chapter

25

11, 12, 13, 14, 17, or 30 of this title in an amount equal to the following:

26

     (1) Twenty percent (20%) of the qualified rehabilitation expenditures; or

27

     (2) Twenty-five percent (25%) of the qualified rehabilitation expenditures provided that

28

either:

29

     (i) At least twenty-five percent (25%) of the total rentable area of the certified historic

30

structure will be made available for a trade or business; or

31

     (ii) The entire rentable area located on the first floor of the certified historic structure will

32

be made available for a trade or business.

33

     (b) Tax credits allowed pursuant to this chapter shall be allowed for the taxable year in

34

which such certified historic structure or an identifiable portion of the structure is placed in service

 

Art6
RELATING TO ECONOMIC DEVELOPMENT
(Page 15 of 18)

1

provided that the substantial rehabilitation test is met for such year.

2

     (c) Maximum project credit. The credit allowed pursuant to this chapter shall not exceed

3

five million dollars ($5,000,000) for any certified rehabilitation project under this chapter. No

4

building to be completed in phases or in multiple projects shall exceed the maximum project credit

5

of five million dollars ($5,000,000) for all phases or projects involved in the rehabilitation of such

6

building.

7

     (d) Maximum aggregate credits. The aggregate credits authorized to be reserved pursuant

8

to this chapter shall not exceed sums estimated to be available in the historic preservation tax credit

9

trust fund pursuant to this chapter.

10

     (e) Subject to the exception provided in subsection (g) of this section, if the amount of the

11

tax credit exceeds the taxpayer’s total tax liability for the year in which the substantially

12

rehabilitated property is placed in service, the amount that exceeds the taxpayer’s tax liability may

13

be carried forward for credit against the taxes imposed for the succeeding ten (10) years, or until

14

the full credit is used, whichever occurs first for the tax credits. Credits allowed to a partnership, a

15

limited liability company taxed as a partnership, or multiple owners of property shall be passed

16

through to the persons designated as partners, members, or owners respectively pro rata or pursuant

17

to an executed agreement among such persons designated as partners, members, or owners

18

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

19

economic attributes of such entity. Credits may be allocated to partners, members, or owners that

20

are exempt from taxation under section 501(c)(3), section (c)(4) or section 501(c)(6) of the U.S.

21

Code and these partners, members, or owners must be treated as taxpayers for purposes of this

22

section.

23

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

24

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

25

to any individual or entity, including, but not limited to, condominium owners in the event the

26

certified historic structure is converted into condominiums and assignees of the credits that have

27

not claimed the tax credits in whole or part may assign, transfer, or convey the credits, in whole or

28

in part, by sale or otherwise to any individual or entity. The assignee of the tax credits may use

29

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

30

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

31

title. The assignee may apply the tax credit against taxes imposed on the assignee until the end of

32

the tenth calendar year after the year in which the substantially rehabilitated property is placed in

33

service or until the full credit assigned is used, whichever occurs first. Fiscal year assignees may

34

claim the credit until the expiration of the fiscal year that ends within the tenth year after the year

 

Art6
RELATING TO ECONOMIC DEVELOPMENT
(Page 16 of 18)

1

in which the substantially rehabilitated property is placed in service. The assignor shall perfect the

2

transfer by notifying the state of Rhode Island division of taxation, in writing, within thirty (30)

3

calendar days following the effective date of the transfer and shall provide any information as may

4

be required by the division of taxation to administer and carry out the provisions of this section.

5

     For purposes of this chapter, any assignment or sales proceeds received by the taxpayer for

6

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

7

title. If a tax credit is subsequently recaptured under this chapter, revoked, or adjusted, the seller’s

8

tax calculation for the year of revocation, recapture, or adjustment shall be increased by the total

9

amount of the sales proceeds, without proration, as a modification under chapter 30 of this title. In

10

the event that the seller is not a natural person, the seller’s tax calculation under chapter 11, 12, 13

11

(other than with respect to the tax imposed under § 44-13-13), 14, 17, or 30 of this title, as

12

applicable, for the year of revocation, recapture, or adjustment, shall be increased by including the

13

total amount of the sales proceeds without proration.

14

     (g) Credits allowed to partners, members, or owners that are exempt from taxation under

15

section 501(c)(3), section (c)(4) or section 501(c)(6) of the U.S. Code, and only said credits, shall

16

be fully refundable.

17

     (h) Substantial rehabilitation of property that either:

18

     (1) Is exempt from real property tax;

19

     (2) Is a social club; or

20

     (3) Consists of a single-family home or a property that contains less than three (3)

21

residential apartments or condominiums shall be ineligible for the tax credits authorized under this

22

chapter; provided, however, a scattered site development with five (5) or more residential units in

23

the aggregate (which may include single-family homes) shall be eligible for tax credit. In the event

24

a certified historic structure undergoes a substantial rehabilitation pursuant to this chapter and

25

within twenty-four (24) months after issuance of a certificate of completed work the property

26

becomes exempt from real property tax, the taxpayer’s tax for the year shall be increased by the

27

total amount of credit actually used against the tax.

28

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

29

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

30

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

31

     (j) For construction projects awarded a tax credit agreement on or after July 1, 2025, and

32

involving a budget of direct hard construction costs (as defined in § 44-33.6-2) in excess of ten

33

million dollars ($10,000,000) twenty-five million dollars ($25,000,000), all construction workers

34

shall be paid in accordance with the wages and benefits required pursuant to chapter 13 of title 37

 

Art6
RELATING TO ECONOMIC DEVELOPMENT
(Page 17 of 18)

1

and all contractors and subcontractors shall file certified payrolls on a monthly basis for all work

2

completed in the preceding month on a uniform form prescribed by the director of labor and

3

training. Failure to follow the requirements pursuant to chapter 13 of title 37 shall constitute a

4

material violation and a material breach of the agreement with the state. The tax administrator, in

5

consultation with the director of labor and training, shall promulgate such rules and regulations as

6

are necessary to implement the enforcement of this subsection.

7

     (k) No tax credits shall be awarded under this chapter unless the division of taxation

8

receives confirmation from the department of labor and training that there has been compliance

9

with the prevailing wage requirements set forth in subsection (j) of this section.

10

     SECTION 16. Section 44-48.3-14 of the General Laws in Chapter 44-48.3 entitled "Rhode

11

Island New Qualified Jobs Incentive Act 2015" is hereby amended to read as follows:

12

     44-48.3-14. Sunset.

13

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

14

2025 2026.

15

     SECTION 17. All sections of this article shall take effect upon passage, except Section 1

16

and Section 2, which shall take effect on January 1, 2026.

 

Art6
RELATING TO ECONOMIC DEVELOPMENT
(Page 18 of 18)