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4 | 4 | | |
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5 | 5 | | 2023 -- H 5144 |
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6 | 6 | | ======== |
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7 | 7 | | LC000627 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2023 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | TOWNS AND CITIES -- STATE AID |
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16 | 16 | | Introduced By: Representatives Cotter, and Casimiro |
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17 | 17 | | Date Introduced: January 18, 2023 |
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18 | 18 | | Referred To: House Finance |
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19 | 19 | | |
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20 | 20 | | |
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21 | 21 | | It is enacted by the General Assembly as follows: |
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22 | 22 | | SECTION 1. Section 45-13-5.1 of the General Laws in Chapter 45-13 entitled "State Aid" 1 |
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23 | 23 | | is hereby amended to read as follows: 2 |
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24 | 24 | | 45-13-5.1. General assembly appropriations in lieu of property tax from certain 3 |
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25 | 25 | | exempt private and state properties. 4 |
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26 | 26 | | (a) In lieu of the amount of local real property tax on real property owned by any private 5 |
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27 | 27 | | nonprofit institution of higher education, or any nonprofit hospital facility, or any state owned and 6 |
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28 | 28 | | operated hospital, veterans’ residential facility, or correctional facility occupied by more than one 7 |
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29 | 29 | | hundred (100) residents which may have been or will be exempted from taxation by applicable 8 |
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30 | 30 | | state law, exclusive of any facility operated by the federal government, the state of Rhode Island, 9 |
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31 | 31 | | or any of its subdivisions, the general assembly shall annually appropriate for payment to the 10 |
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32 | 32 | | several cities and towns in which the property lies a sum equal to twenty-seven percent (27%) of 11 |
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33 | 33 | | all tax that would have been collected had the real property been taxable; provided, however, said 12 |
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34 | 34 | | percentage shall be subject to adjustment pursuant to subsection (e) of this section; and provided, 13 |
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35 | 35 | | further, that such annual payment shall also apply to any and all real estate owned by the state 14 |
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36 | 36 | | within the town of Exeter, notwithstanding the restrictions stated above. 15 |
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37 | 37 | | (b) In no event shall any city or town record in a fiscal year both: (1) Taxes and/or payments 16 |
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38 | 38 | | under a stabilization agreement with a for-profit hospital facility; and (2) Distributions of 17 |
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39 | 39 | | appropriations under this section attributable to the prior nonprofit status of said for-profit hospital 18 |
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40 | 40 | | facility. 19 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC000627 - Page 2 of 4 |
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44 | 44 | | (c) As used in this section, “private nonprofit institution of higher education” means any 1 |
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45 | 45 | | institution engaged primarily in education beyond the high school level, the property of which is 2 |
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46 | 46 | | exempt from property tax under any of the subdivisions, and “nonprofit hospital facility” means 3 |
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47 | 47 | | any nonprofit hospital licensed by the state and which is used for the purpose of general medical, 4 |
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48 | 48 | | surgical, or psychiatric care and treatment. 5 |
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49 | 49 | | (d) The grant payable to any municipality under the provision of this section shall be equal 6 |
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50 | 50 | | to twenty-seven percent (27%) of the property taxes that, except for any exemption to any 7 |
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51 | 51 | | institution of higher education or general hospital facility, would have been paid with respect to 8 |
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52 | 52 | | that exempt real property on the assessment list in the municipality for the assessment date of 9 |
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53 | 53 | | December 31, 1986, and with respect to such exempt real property appearing on an assessment list 10 |
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54 | 54 | | in the municipality on succeeding assessment dates. Provided, however, that the grant paid for the 11 |
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55 | 55 | | fiscal year ending June 30, 2008, shall be based upon the assessment list in the municipality as of 12 |
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56 | 56 | | December 31, 2004. 13 |
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57 | 57 | | (e) The state budget offices shall include the amount of the annual appropriation in the state 14 |
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58 | 58 | | budget for the fiscal year commencing July 1, 1988, and each fiscal year thereafter. The amount of 15 |
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59 | 59 | | the annual distribution of appropriation payable to each eligible municipality in any year in 16 |
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60 | 60 | | accordance with this section shall be reduced proportionately in the event that the total of the annual 17 |
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61 | 61 | | appropriation in the state budget is insufficient to pay the eligible municipalities the amounts 18 |
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62 | 62 | | otherwise payable to said communities pursuant to subsection (a) of this section. 19 |
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63 | 63 | | (f) Distribution of appropriations shall be made by the state on or before July 31 of 1988 20 |
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64 | 64 | | and each July 31 thereafter or following verified receipt of a municipality’s assessment data for the 21 |
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65 | 65 | | following fiscal year’s payment, whichever is later, and the payments may be counted as a 22 |
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66 | 66 | | receivable by any city or town for a fiscal year ending the preceding June 30. 23 |
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67 | 67 | | (g) Any act or omission by the state with respect to this chapter shall in no way diminish 24 |
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68 | 68 | | the duty of any town or municipality to provide public safety or other ordinary services to the 25 |
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69 | 69 | | properties or facilities of the type listed in subsection (a). Such duty shall not pertain to the town of 26 |
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70 | 70 | | Exeter unless, and until such time as, it establishes a municipal police department. 27 |
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71 | 71 | | (h) Provided, that payments authorized pursuant to this section shall be initially applied to 28 |
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72 | 72 | | create a municipal police department in any community that does not have such a service on the 29 |
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73 | 73 | | effective date of this section, or to defray negotiated amounts paid by such municipality to the state 30 |
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74 | 74 | | for state police presence and coverage within that municipality and thereafter such payments shall 31 |
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75 | 75 | | be reduced pro rata, for that period of time that the municipality or local districts located therein 32 |
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76 | 76 | | suspend suspends or reduces reduce such essential services to eligible facilities. For the purposes 33 |
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77 | 77 | | of this section “essential services” include, but are not to be limited to, police, fire and rescue. 34 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LC000627 - Page 3 of 4 |
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81 | 81 | | SECTION 2. This act shall take effect upon passage. 1 |
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82 | 82 | | ======== |
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83 | 83 | | LC000627 |
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84 | 84 | | ======== |
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85 | 85 | | |
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86 | 86 | | |
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87 | 87 | | LC000627 - Page 4 of 4 |
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88 | 88 | | EXPLANATION |
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89 | 89 | | BY THE LEGISLATIVE COUNCIL |
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90 | 90 | | OF |
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91 | 91 | | A N A C T |
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92 | 92 | | TOWNS AND CITIES -- STATE AID |
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93 | 93 | | *** |
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94 | 94 | | This act would provide that state-owned real estate located within the town of Exeter would 1 |
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95 | 95 | | no longer be exempt from payment of state appropriations in lieu of taxes. This act would also 2 |
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96 | 96 | | provide that the town of Exeter shall have no duty to provide public safety or ordinary services to 3 |
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97 | 97 | | state properties unless it establishes a police department. This act would further provide that any 4 |
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98 | 98 | | state payments made in lieu of taxes be applied to establish a police department or defray expenses 5 |
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99 | 99 | | paid to the state for state police presence. 6 |
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100 | 100 | | This act would take effect upon passage. 7 |
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101 | 101 | | ======== |
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102 | 102 | | LC000627 |
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103 | 103 | | ======== |
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