Rhode Island 2023 Regular Session

Rhode Island House Bill H5782 Compare Versions

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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO TAXATION -- PROPERTY SUBJECT TO TAXATION
1616 Introduced By: Representatives Biah, Hull, J. Lombardi, Morales, DeSimone, Batista,
1717 O'Brien, Diaz, and Slater
1818 Date Introduced: February 22, 2023
1919 Referred To: House Municipal Government & Housing
2020 (City of Providence)
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Section 44-3-3 of the General Laws in Chapter 44-3 entitled "Property 1
2424 Subject to Taxation" is hereby amended to read as follows: 2
2525 44-3-3. Property exempt. 3
2626 (a) The following property is exempt from taxation: 4
2727 (1) Property belonging to the state, except as provided in § 44-4-4.1; 5
2828 (2) Lands ceded or belonging to the United States; 6
2929 (3) Bonds and other securities issued and exempted from taxation by the government of 7
3030 the United States or of this state; 8
3131 (4) Real estate, used exclusively for military purposes, owned by chartered or incorporated 9
3232 organizations approved by the adjutant general and composed of members of the national guard, 10
3333 the naval militia, or the independent, chartered-military organizations; 11
3434 (5) Buildings for free public schools, buildings for religious worship, and the land upon 12
3535 which they stand and immediately surrounding them, to an extent not exceeding five (5) acres so 13
3636 far as the buildings and land are occupied and used exclusively for religious or educational 14
3737 purposes; 15
3838 (6) Dwellings houses and the land on which they stand, not exceeding one acre in size, or 16
3939 the minimum lot size for zone in which the dwelling house is located, whichever is the greater, 17
4040 owned by, or held in trust for, any religious organization and actually used by its officiating clergy; 18
4141 provided, further, that in the town of Charlestown, where the property previously described in this 19
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4545 paragraph is exempt in total, along with dwelling houses and the land on which they stand in 1
4646 Charlestown, not exceeding one acre in size, or the minimum lot size for zone in which the dwelling 2
4747 house is located, whichever is the greater, owned by, or held in trust for, any religious organization 3
4848 and actually used by its officiating clergy, or used as a convent, nunnery, or retreat center by its 4
4949 religious order; 5
5050 (7) Intangible personal property owned by, or held in trust for, any religious or charitable 6
5151 organization, if the principal or income is used or appropriated for religious or charitable purposes; 7
5252 (8) Buildings and personal estate owned by any corporation used for a school, academy, or 8
5353 seminary of learning, and of any incorporated public charitable institution, and the land upon which 9
5454 the buildings stand and immediately surrounding them to an extent not exceeding one acre, so far 10
5555 as they are used exclusively for educational purposes, but no property or estate whatever is hereafter 11
5656 exempt from taxation in any case where any part of its income or profits, or of the business carried 12
5757 on there, is divided among its owners or stockholders; provided, however, that unless any private 13
5858 nonprofit corporation organized as a college or university located in the town of Smithfield reaches 14
5959 a memorandum of agreement with the town of Smithfield, the town of Smithfield shall bill the 15
6060 actual costs for police, fire, and rescue services supplied, unless otherwise reimbursed, to said 16
6161 corporation commencing March 1, 2014; 17
6262 (9) Estates, persons, and families of the president and professors for the time being of 18
6363 Brown University for not more than ten thousand dollars ($10,000) for each officer, the officer’s 19
6464 estate, person, and family included, but only to the extent that any person had claimed and utilized 20
6565 the exemption prior to, and for a period ending, either on or after December 31, 1996; 21
6666 (10) Property especially exempt by charter unless the exemption has been waived in whole 22
6767 or in part; provided that, notwithstanding any provision of a charter or act of incorporation or other 23
6868 law to the contrary, any real and personal property (or portion thereof) of a health care facility, 24
6969 and/or any parent corporation, operator, manager or subsidiary thereof, or of an institution of higher 25
7070 education, that would otherwise be exempted from property taxation that is leased to, subleased to, 26
7171 occupied or used by an entity, organization, or individual that is not itself exempted from property 27
7272 taxation shall be taxed to the tenant, who, for the purposes of taxation is deemed the owner; 28
7373 (11) Lots of land exclusively for burial grounds; 29
7474 (12) Property, real and personal, held for, or by, an incorporated library, society, or any 30
7575 free public library, or any free public library society, so far as the property is held exclusively for 31
7676 library purposes, or for the aid or support of the aged poor, or poor friendless children, or the poor 32
7777 generally, or for a nonprofit hospital for the sick or disabled; 33
7878 (13) Real or personal estate belonging to, or held in trust for, the benefit of incorporated 34
7979
8080
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8282 organizations of veterans of any war in which the United States has been engaged, the parent body 1
8383 of which has been incorporated by act of Congress, to the extent of four hundred thousand dollars 2
8484 ($400,000) if actually used and occupied by the association; provided, that the city council of the 3
8585 city of Cranston may by ordinance exempt the real or personal estate as previously described in 4
8686 this subdivision located within the city of Cranston to the extent of five hundred thousand dollars 5
8787 ($500,000); 6
8888 (14) Property, real and personal, held for, or by, the fraternal corporation, association, or 7
8989 body created to build and maintain a building or buildings for its meetings or the meetings of the 8
9090 general assembly of its members, or subordinate bodies of the fraternity, and for the 9
9191 accommodation of other fraternal bodies or associations, the entire net income of which real and 10
9292 personal property is exclusively applied or to be used to build, furnish, and maintain an asylum or 11
9393 asylums, a home or homes, a school or schools, for the free education or relief of the members of 12
9494 the fraternity, or the relief, support, and care of worthy and indigent members of the fraternity, their 13
9595 wives, widows, or orphans, and any fund given or held for the purpose of public education, 14
9696 almshouses, and the land and buildings used in connection therewith; 15
9797 (15) Real estate and personal property of any incorporated volunteer fire engine company 16
9898 or incorporated volunteer ambulance or rescue corps in active service; 17
9999 (16) The estate of any person who, in the judgment of the assessors, is unable from infirmity 18
100100 or poverty to pay the tax; provided, that in the towns of Burrillville and West Greenwich, the tax 19
101101 shall constitute a lien for five (5) years on the property where the owner is entitled to the exemption. 20
102102 At the expiration of five (5) years, the lien shall be abated in full. Provided, if the property is sold 21
103103 or conveyed, or if debt secured by the property is refinanced during the five-year (5) period, the 22
104104 lien immediately becomes due and payable; any person claiming the exemption aggrieved by an 23
105105 adverse decision of an assessor shall appeal the decision to the local board of tax review and 24
106106 thereafter according to the provisions of § 44-5-26; 25
107107 (17) Household furniture and family stores of a housekeeper in the whole, including 26
108108 clothing, bedding, and other white goods, books, and all other tangible personal property items that 27
109109 are common to the normal household; 28
110110 (18) Improvements made to any real property to provide a shelter and fallout protection 29
111111 from nuclear radiation, to the amount of one thousand five hundred dollars ($1,500); provided, that 30
112112 the improvements meet applicable standards for shelter construction established, from time to time, 31
113113 by the Rhode Island emergency management agency. The improvements are deemed to comply 32
114114 with the provisions of any building code or ordinance with respect to the materials or the methods 33
115115 of construction used and any shelter or its establishment is deemed to comply with the provisions 34
116116
117117
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119119 of any zoning code or ordinance; 1
120120 (19) Aircraft for which the fee required by § 1-4-6 has been paid to the tax administrator; 2
121121 (20) Manufacturer’s inventory. 3
122122 (i) For the purposes of §§ 44-4-10, 44-5-3, 44-5-20, and 44-5-38, a person is deemed to be 4
123123 a manufacturer within a city or town within this state if that person uses any premises, room, or 5
124124 place in it primarily for the purpose of transforming raw materials into a finished product for trade 6
125125 through any or all of the following operations: adapting, altering, finishing, making, and 7
126126 ornamenting; provided, that public utilities; non-regulated power producers commencing 8
127127 commercial operation by selling electricity at retail or taking title to generating facilities on or after 9
128128 July 1, 1997; building and construction contractors; warehousing operations, including distribution 10
129129 bases or outlets of out-of-state manufacturers; and fabricating processes incidental to warehousing 11
130130 or distribution of raw materials, such as alteration of stock for the convenience of a customer; are 12
131131 excluded from this definition; 13
132132 (ii) For the purposes of this section and §§ 44-4-10 and 44-5-38, the term “manufacturer’s 14
133133 inventory,” or any similar term, means and includes the manufacturer’s raw materials, the 15
134134 manufacturer’s work in process, and finished products manufactured by the manufacturer in this 16
135135 state, and not sold, leased, or traded by the manufacturer or its title or right to possession divested; 17
136136 provided, that the term does not include any finished products held by the manufacturer in any retail 18
137137 store or other similar selling place operated by the manufacturer whether or not the retail 19
138138 establishment is located in the same building in which the manufacturer operates the manufacturing 20
139139 plant; 21
140140 (iii) For the purpose of § 44-11-2, a “manufacturer” is a person whose principal business 22
141141 in this state consists of transforming raw materials into a finished product for trade through any or 23
142142 all of the operations described in paragraph (i) of this subdivision. A person will be deemed to be 24
143143 principally engaged if the gross receipts that person derived from the manufacturing operations in 25
144144 this state during the calendar year or fiscal year mentioned in § 44-11-1 amounted to more than 26
145145 fifty percent (50%) of the total gross receipts that person derived from all the business activities in 27
146146 which that person engaged in this state during the taxable year. For the purpose of computing the 28
147147 percentage, gross receipts derived by a manufacturer from the sale, lease, or rental of finished 29
148148 products manufactured by the manufacturer in this state, even though the manufacturer’s store or 30
149149 other selling place may be at a different location from the location of the manufacturer’s 31
150150 manufacturing plant in this state, are deemed to have been derived from manufacturing; 32
151151 (iv) Within the meaning of the preceding paragraphs of this subdivision, the term 33
152152 “manufacturer” also includes persons who are principally engaged in any of the general activities 34
153153
154154
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156156 coded and listed as establishments engaged in manufacturing in the Standard Industrial 1
157157 Classification Manual prepared by the Technical Committee on Industrial Classification, Office of 2
158158 Statistical Standards, Executive Office of the President, United States Bureau of the Budget, as 3
159159 revised from time to time, but eliminating as manufacturers those persons, who, because of their 4
160160 limited type of manufacturing activities, are classified in the manual as falling within the trade 5
161161 rather than an industrial classification of manufacturers. Among those thus eliminated, and 6
162162 accordingly also excluded as manufacturers within the meaning of this paragraph, are persons 7
163163 primarily engaged in selling, to the general public, products produced on the premises from which 8
164164 they are sold, such as neighborhood bakeries, candy stores, ice cream parlors, shade shops, and 9
165165 custom tailors, except, that a person who manufactures bakery products for sale primarily for home 10
166166 delivery, or through one or more non-baking retail outlets, and whether or not retail outlets are 11
167167 operated by the person, is a manufacturer within the meaning of this paragraph; 12
168168 (v) The term “Person” means and includes, as appropriate, a person, partnership, or 13
169169 corporation; and 14
170170 (vi) The department of revenue shall provide to the local assessors any assistance that is 15
171171 necessary in determining the proper application of the definitions in this subdivision; 16
172172 (21) Real and tangible personal property acquired to provide a treatment facility used 17
173173 primarily to control the pollution or contamination of the waters or the air of the state, as defined 18
174174 in chapter 12 of title 46 and chapter 25 of title 23, respectively, the facility having been constructed, 19
175175 reconstructed, erected, installed, or acquired in furtherance of federal or state requirements or 20
176176 standards for the control of water or air pollution or contamination, and certified as approved in an 21
177177 order entered by the director of environmental management. The property is exempt as long as it is 22
178178 operated properly in compliance with the order of approval of the director of environmental 23
179179 management; provided, that any grant of the exemption by the director of environmental 24
180180 management in excess of ten (10) years is approved by the city or town in which the property is 25
181181 situated. This provision applies only to water and air pollution control properties and facilities 26
182182 installed for the treatment of waste waters and air contaminants resulting from industrial 27
183183 processing; furthermore, it applies only to water or air pollution control properties and facilities 28
184184 placed in operation for the first time after April 13, 1970; 29
185185 (22) Manufacturing machinery and equipment acquired or used by a manufacturer after 30
186186 December 31, 1974. Manufacturing machinery and equipment is defined as: 31
187187 (i) Machinery and equipment used exclusively in the actual manufacture or conversion of 32
188188 raw materials or goods in the process of manufacture by a manufacturer, as defined in subdivision 33
189189 (20), and machinery, fixtures, and equipment used exclusively by a manufacturer for research and 34
190190
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193193 development or for quality assurance of its manufactured products; 1
194194 (ii) Machinery and equipment that is partially used in the actual manufacture or conversion 2
195195 of raw materials or goods in process of manufacture by a manufacturer, as defined in subdivision 3
196196 (20), and machinery, fixtures, and equipment used by a manufacturer for research and development 4
197197 or for quality assurance of its manufactured products, to the extent to which the machinery and 5
198198 equipment is used for the manufacturing processes, research and development, or quality assurance. 6
199199 In the instances where machinery and equipment is used in both manufacturing and/or research and 7
200200 development and/or quality assurance activities and non-manufacturing activities, the assessment 8
201201 on machinery and equipment is prorated by applying the percentage of usage of the equipment for 9
202202 the manufacturing, research and development, and quality-assurance activity to the value of the 10
203203 machinery and equipment for purposes of taxation, and the portion of the value used for 11
204204 manufacturing, research and development, and quality assurance is exempt from taxation. The 12
205205 burden of demonstrating this percentage usage of machinery and equipment for manufacturing and 13
206206 for research and development and/or quality assurance of its manufactured products rests with the 14
207207 manufacturer; and 15
208208 (iii) Machinery and equipment described in §§ 44-18-30(7) and 44-18-30(22) that was 16
209209 purchased after July 1, 1997; provided that the city or town council of the city or town in which the 17
210210 machinery and equipment is located adopts an ordinance exempting the machinery and equipment 18
211211 from taxation. For purposes of this subsection, city councils and town councils of any municipality 19
212212 may, by ordinance, wholly or partially exempt from taxation the machinery and equipment 20
213213 discussed in this subsection for the period of time established in the ordinance and may, by 21
214214 ordinance, establish the procedures for taxpayers to avail themselves of the benefit of any 22
215215 exemption permitted under this section; provided, that the ordinance does not apply to any 23
216216 machinery or equipment of a business, subsidiary, or any affiliated business that locates or relocates 24
217217 from a city or town in this state to another city or town in the state; 25
218218 (23) Precious metal bullion, meaning any elementary metal that has been put through a 26
219219 process of melting or refining, and that is in a state or condition that its value depends upon its 27
220220 content and not its form. The term does not include fabricated precious metal that has been 28
221221 processed or manufactured for some one or more specific and customary industrial, professional, 29
222222 or artistic uses; 30
223223 (24) Hydroelectric power-generation equipment, which includes, but is not limited to, 31
224224 turbines, generators, switchgear, controls, monitoring equipment, circuit breakers, transformers, 32
225225 protective relaying, bus bars, cables, connections, trash racks, headgates, and conduits. The 33
226226 hydroelectric power-generation equipment must have been purchased after July 1, 1979, and 34
227227
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230230 acquired or used by a person or corporation who or that owns or leases a dam and utilizes the 1
231231 equipment to generate hydroelectric power; 2
232232 (25) Subject to authorization by formal action of the council of any city or town, any real 3
233233 or personal property owned by, held in trust for, or leased to an organization incorporated under 4
234234 chapter 6 of title 7, as amended, or an organization meeting the definition of “charitable trust” set 5
235235 out in § 18-9-4, as amended, or an organization incorporated under the not-for-profits statutes of 6
236236 another state or the District of Columbia, the purpose of which is the conserving of open space, as 7
237237 that term is defined in chapter 36 of title 45, as amended, provided the property is used exclusively 8
238238 for the purposes of the organization; 9
239239 (26) Tangible personal property, the primary function of which is the recycling, reuse, or 10
240240 recovery of materials (other than precious metals, as defined in § 44-18-30(24)(ii) and (iii)), from, 11
241241 or the treatment of “hazardous wastes,” as defined in § 23-19.1-4, where the “hazardous wastes” 12
242242 are generated primarily by the same taxpayer and where the personal property is located at, in, or 13
243243 adjacent to a generating facility of the taxpayer. The taxpayer may, but need not, procure an order 14
244244 from the director of the department of environmental management certifying that the tangible 15
245245 personal property has this function, which order effects a conclusive presumption that the tangible 16
246246 personal property qualifies for the exemption under this subdivision. If any information relating to 17
247247 secret processes or methods of manufacture, production, or treatment is disclosed to the department 18
248248 of environmental management only to procure an order, and is a “trade secret” as defined in § 28-19
249249 21-10(b), it shall not be open to public inspection or publicly disclosed unless disclosure is 20
250250 otherwise required under chapter 21 of title 28 or chapter 24.4 of title 23; 21
251251 (27) Motorboats as defined in § 46-22-2 for which the annual fee required in § 46-22-4 has 22
252252 been paid; 23
253253 (28) Real and personal property of the Providence Performing Arts Center, a non-business 24
254254 corporation as of December 31, 1986; 25
255255 (29) Tangible personal property owned by, and used exclusively for the purposes of, any 26
256256 religious organization located in the city of Cranston; 27
257257 (30) Real and personal property of the Travelers Aid Society of Rhode Island, a nonprofit 28
258258 corporation, the Union Mall Real Estate Corporation, and any limited partnership or limited liability 29
259259 company that is formed in connection with, or to facilitate the acquisition of, the Providence YMCA 30
260260 Building; 31
261261 (31) Real and personal property of Meeting Street Center or MSC Realty, Inc., both not-32
262262 for-profit Rhode Island corporations, and any other corporation, limited partnership, or limited 33
263263 liability company that is formed in connection with, or to facilitate the acquisition of, the properties 34
264264
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267267 designated as the Meeting Street National Center of Excellence on Eddy Street in Providence, 1
268268 Rhode Island; 2
269269 (32) The buildings, personal property, and land upon which the buildings stand, located on 3
270270 Pomham Island, East Providence, currently identified as Assessor’s Map 211, Block 01, Parcel 4
271271 001.00, that consists of approximately twenty-one thousand three hundred (21,300) square feet and 5
272272 is located approximately eight hundred sixty feet (860′), more or less, from the shore, and limited 6
273273 exclusively to these said buildings, personal estate and land, provided that said property is owned 7
274274 by a qualified 501(c)(3) organization, such as the American Lighthouse Foundation, and is used 8
275275 exclusively for a lighthouse; 9
276276 (33) The Stadium Theatre Performing Arts Centre building located in Monument Square, 10
277277 Woonsocket, Rhode Island, so long as said Stadium Theatre Performing Arts Center is owned by 11
278278 the Stadium Theatre Foundation, a Rhode Island nonprofit corporation; 12
279279 (34) Real and tangible personal property of St. Mary Academy — Bay View, located in 13
280280 East Providence, Rhode Island; 14
281281 (35) Real and personal property of East Bay Community Action Program and its 15
282282 predecessor, Self Help, Inc; provided, that the organization is qualified as a tax-exempt corporation 16
283283 under § 501(c)(3) of the United States Internal Revenue Code; 17
284284 (36) Real and personal property located within the city of East Providence of the Columbus 18
285285 Club of East Providence, a Rhode Island charitable nonprofit corporation; 19
286286 (37) Real and personal property located within the city of East Providence of the Columbus 20
287287 Club of Barrington, a Rhode Island charitable nonprofit corporation; 21
288288 (38) Real and personal property located within the city of East Providence of Lodge 2337 22
289289 BPO Elks, a Rhode Island nonprofit corporation; 23
290290 (39) Real and personal property located within the city of East Providence of the St. 24
291291 Andrews Lodge No. 39, a Rhode Island charitable nonprofit corporation; 25
292292 (40) Real and personal property located within the city of East Providence of the Trustees 26
293293 of Methodist Health and Welfare service a/k/a United Methodist Elder Care, a Rhode Island 27
294294 nonprofit corporation; 28
295295 (41) Real and personal property located on the first floor of 90 Leonard Avenue within the 29
296296 city of East Providence of the Zion Gospel Temple, Inc., a religious nonprofit corporation; 30
297297 (42) Real and personal property located within the city of East Providence of the Cape 31
298298 Verdean Museum Exhibit, a Rhode Island nonprofit corporation; 32
299299 (43) The real and personal property owned by a qualified 501(c)(3) organization that is 33
300300 affiliated and in good standing with a national, congressionally chartered organization and thereby 34
301301
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304304 adheres to that organization’s standards and provides activities designed for recreational, 1
305305 educational, and character building purposes for children from ages six (6) years to seventeen (17) 2
306306 years; 3
307307 (44) Real and personal property of the Rhode Island Philharmonic Orchestra and Music 4
308308 School; provided, that the organization is qualified as a tax-exempt corporation under § 501(c)(3) 5
309309 of the United States Internal Revenue Code; 6
310310 (45) The real and personal property located within the town of West Warwick at 211 7
311311 Cowesett Avenue, Plat 29-Lot 25, which consists of approximately twenty-eight thousand seven 8
312312 hundred fifty (28,750) square feet and is owned by the Station Fire Memorial Foundation of East 9
313313 Greenwich, a Rhode Island nonprofit corporation; 10
314314 (46) Real and personal property of the Comprehensive Community Action Program, a 11
315315 qualified tax-exempt corporation under § 501(c)(3) of the United States Internal Revenue Code; 12
316316 (47) Real and personal property located at 52 Plain Street, within the city of Pawtucket of 13
317317 the Pawtucket Youth Soccer Association, a Rhode Island nonprofit corporation; 14
318318 (48) Renewable energy resources, as defined in § 39-26-5, used in residential systems and 15
319319 associated equipment used therewith in service after December 31, 2015; 16
320320 (49) Renewable energy resources, as defined in § 39-26-5, if employed by a manufacturer, 17
321321 as defined in subsection (a) of this section, shall be exempt from taxation in accordance with 18
322322 subsection (a) of this section; 19
323323 (50) Real and personal property located at 415 Tower Hill Road within the town of North 20
324324 Kingstown, of South County Community Action, Inc., a qualified tax-exempt corporation under § 21
325325 501(c)(3) of the United States Internal Revenue Code; 22
326326 (51) As an effort to promote business growth, tangible business or personal property, in 23
327327 whole or in part, within the town of Charlestown’s community limits, subject to authorization by 24
328328 formal action of the town council of the town of Charlestown; 25
329329 (52) All real and personal property located at 1300 Frenchtown Road, within the town of 26
330330 East Greenwich, identified as assessor’s map 027, plat 019, lot 071, and known as the New England 27
331331 Wireless and Steam Museum, Inc., a qualified tax-exempt corporation under § 501(c)(3) of the 28
332332 United States Internal Revenue Code; 29
333333 (53) Real and tangible personal property of Mount Saint Charles Academy located within 30
334334 the city of Woonsocket, specifically identified as the following assessor’s plats and lots: Logee 31
335335 Street, plat 23, lot 62, Logee Street, plat 24, lots 304 and 305; Welles Street, plat 23, lot 310; 32
336336 Monroe Street, plat 23, lot 312; and Roberge Avenue, plat 24, lot 47; 33
337337 (54) Real and tangible personal property of Steere House, a Rhode Island nonprofit 34
338338
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341341 corporation, located in Providence, Rhode Island; 1
342342 (55) Real and personal property located within the town of West Warwick of Tides Family 2
343343 Services, Inc., a Rhode Island nonprofit corporation; 3
344344 (56) Real and personal property of Tides Family Services, Inc., a Rhode Island nonprofit 4
345345 corporation, located in the city of Pawtucket at 242 Dexter Street, plat 44, lot 444; 5
346346 (57) Real and personal property located within the town of Middletown of Lucy’s Hearth, 6
347347 a Rhode Island nonprofit corporation; 7
348348 (58) Real and tangible personal property of Habitat for Humanity of Rhode Island—8
349349 Greater Providence, Inc., a Rhode Island nonprofit corporation, located in Providence, Rhode 9
350350 Island; 10
351351 (59) Real and personal property of the Artic Playhouse, a Rhode Island nonprofit 11
352352 corporation, located in the town of West Warwick at 1249 Main Street; 12
353353 (60) Real and personal property located at 321 Main Street, within the town of South 13
354354 Kingstown, of the Contemporary Theatre Company, a qualified, tax-exempt corporation under § 14
355355 501(c)(3) of the United States Internal Revenue Code; 15
356356 (61) Real and personal property of The Samaritans, Inc., a Rhode Island nonprofit § 16
357357 501(c)(3) corporation located at 67 Park Place, Pawtucket, Rhode Island, to the extent the city 17
358358 council of Pawtucket may from time to time determine; 18
359359 (62) Real and personal property of North Kingstown, Exeter Animal Protection League, 19
360360 Inc., dba “Pet Refuge,” 500 Stony Lane, a Rhode Island nonprofit corporation, located in North 20
361361 Kingstown, Rhode Island; 21
362362 (63) Real and personal property located within the city of East Providence of Foster 22
363363 Forward (formerly the Rhode Island Foster Parents Association), a Rhode Island charitable 23
364364 nonprofit corporation; 24
365365 (64) Real and personal property located at 54 Kelly Avenue within the town of East 25
366366 Providence, of the Associated Radio Amateurs of Southern New England, a Rhode Island nonprofit 26
367367 corporation; 27
368368 (65) Real and tangible personal property of Providence Country Day School, a Rhode 28
369369 Island nonprofit corporation, located in East Providence, Rhode Island and further identified as plat 29
370370 406, block 6, lot 6, and plat 506, block 1, lot 8; 30
371371 (66) As an effort to promote business growth, tangible business or personal property, in 31
372372 whole or in part, within the town of Bristol’s community limits, subject to authorization by formal 32
373373 action of the town council of the town of Bristol; 33
374374 (67) Real and tangible personal property of the Heritage Harbor Foundation, a Rhode 34
375375
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378378 Island nonprofit corporation, located at 1445 Wampanoag Trail, Suites 103 and 201, within the city 1
379379 of East Providence; 2
380380 (68) Real property of Ocean State Community Wellness, Inc., a qualified tax-exempt 3
381381 corporation under § 501(c)(3) of the United States Internal Revenue Code, located in North 4
382382 Kingstown, Rhode Island, with a physical address of 7450 Post Road, and further identified as plat 5
383383 108, lot 83; 6
384384 (69) Real and tangible personal property of St. John Baptist De La Salle Institute, d/b/a La 7
385385 Salle Academy, a Rhode Island domestic nonprofit corporation, located in Providence, Rhode 8
386386 Island denominated at the time this subsection was adopted as Plat 83 Lot 276 by the tax assessor 9
387387 for the city of Providence comprising approximately 26.08 acres of land along with all buildings 10
388388 and improvements that have been or may be made; 11
389389 (70) Real and tangible personal property of The Providence Community Health Centers, 12
390390 Inc., a Rhode Island domestic nonprofit corporation, located in Providence, Rhode Island; 13
391391 (71) In the city of Central Falls and the city of Pawtucket, real property and tangible 14
392392 personal property located on or in the premise acquired or leased by a railroad entity and for the 15
393393 purpose of providing boarding and disembarking of railroad passengers and the supporting 16
394394 passenger railroad operations and services. For the purpose of this section, a railroad entity shall be 17
395395 any incorporated entity that has been duly authorized by the Rhode Island public utilities 18
396396 commission to provide passenger railroad services; 19
397397 (72) Real and tangible personal property of the American Legion Riverside Post Holding 20
398398 Company, d/b/a American Legion Post 10, a Rhode Island nonprofit corporation, located at 830 21
399399 Willet Avenue, within the city of East Providence on Map 513, Block 27, Parcel 001.00 as long as 22
400400 said property is owned by American Legion Post 10; 23
401401 (73) Real and tangible personal property of the Holy Rosary Band Society, a Rhode Island 24
402402 nonprofit corporation, located at 328 Taunton Avenue, within the city of East Providence on Map 25
403403 306, Block 01, Parcel 012.00; 26
404404 (74) Real and tangible personal property of Foster Forward, a Rhode Island domestic 27
405405 nonprofit corporation, located within the city of Pawtucket, at 16 North Bend Street, and further 28
406406 identified as assessor’s plat 21, lot 312; 29
407407 (75) Real and tangible personal property of the Old and Ancient Rowers Society of Rhode 30
408408 Island, a Rhode Island domestic nonprofit corporation, located at 166 Walmsley Lane, within the 31
409409 town of North Kingstown on Plat 004/Lot 019; 32
410410 (76) Real and tangible personal property of the Rhode Island Public Health Foundation, a 33
411411 domestic nonprofit corporation or any other entity formed by the Rhode Island Public Health 34
412412
413413
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415415 Foundation in connection with, or to facilitate the acquisition of, one property to be owned by the 1
416416 Rhode Island Public Health Foundation or such entity, located in the city of Providence; 2
417417 (77) Real and tangible personal property of the Manissean Tribal Council, a Rhode Island 3
418418 nonprofit corporation, located in the town of New Shoreham, Rhode Island; 4
419419 (78) Real and tangible personal property of Sophia Academy located at 582 Elmwood 5
420420 Avenue, the San Miguel Education Center located at 525 Branch Avenue, and the Community 6
421421 Preparatory School, Inc. located at 135 Prairie Avenue, all of which are domestic nonprofit 7
422422 corporations, and all of which are located within the city of Providence; and 8
423423 (79) Real and tangible personal property of Cape Verdean Museum Exhibit, a Rhode Island 9
424424 domestic nonprofit corporation, located at 617 Prospect Street, within the city of Pawtucket on 10
425425 Assessors’ Plat 37, Lot 434. 11
426426 (b) Except as provided below, when a city or town taxes a for-profit hospital facility, the 12
427427 value of its real property shall be the value determined by the most recent full revaluation or 13
428428 statistical property update performed by the city or town; provided, however, in the year a nonprofit 14
429429 hospital facility converts to or otherwise becomes a for-profit hospital facility, or a for-profit 15
430430 hospital facility is initially established, the value of the real property and personal property of the 16
431431 for-profit hospital facility shall be determined by a valuation performed by the assessor for the 17
432432 purpose of determining an initial assessed value of real and personal property, not previously taxed 18
433433 by the city or town, as of the most recent date of assessment pursuant to § 44-5-1, subject to a right 19
434434 of appeal by the for-profit hospital facility which shall be made to the city or town tax assessor with 20
435435 a direct appeal from an adverse decision to the Rhode Island superior court business calendar. 21
436436 A “for-profit hospital facility” includes all real and personal property affiliated with any 22
437437 hospital as identified in an application filed pursuant to chapter 17 or 17.14 of title 23. 23
438438 Notwithstanding the above, a city or town may enter into a stabilization agreement with a for-profit 24
439439 hospital facility under § 44-3-9 or other laws specific to the particular city or town relating to 25
440440 stabilization agreements. In a year in which a nonprofit hospital facility converts to, or otherwise 26
441441 becomes, a for-profit hospital facility, or a for-profit hospital facility is otherwise established, in 27
442442 that year only the amount levied by the city or town and/or the amount payable under the 28
443443 stabilization agreement for that year related to the for-profit hospital facility shall not be counted 29
444444 towards determining the maximum tax levy permitted under § 44-5-2. 30
445445 (c) Notwithstanding any other provision of law to the contrary, in an effort to provide relief 31
446446 for businesses, including small businesses, and to promote economic development, a city, town, or 32
447447 fire district may establish an exemption for tangible personal property within its geographic limits 33
448448 by formal action of the appropriate governing body within the city, town, or fire district, which 34
449449
450450
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452452 exemptions shall be uniformly applied and in compliance with local tax classification requirements. 1
453453 Exemptions established pursuant to this subsection shall conform to the requirements of § 44-5-2
454454 12.2. 3
455455 SECTION 2. Provisions of charters, general, and special laws granted by the general 4
456456 assembly are hereby repealed, prospectively, to the extent inconsistent with this act. 5
457-SECTION 3. This act shall take effect on January 1, 2024. 6
457+SECTION 3. This act shall take effect upon passage. 6
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461461
462462
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464464 EXPLANATION
465465 BY THE LEGISLATIVE COUNCIL
466466 OF
467467 A N A C T
468468 RELATING TO TAXATION -- PROPERTY SUBJECT TO TAXATION
469469 ***
470470 This act would subject to taxation, real property owned by nonprofit institutions of higher 1
471471 education and nonprofit hospitals, but leased or occupied by for-profit persons and entities. The act 2
472472 would also amend charters issued by the general assembly to such nonprofit institutions and 3
473-hospitals, and would apply prospectively only, and be effective on January 1, 2024. 4
474-This act would take effect on January 1, 2024. 5
473+hospitals, and would take effect prospectively only, upon the date of passage. 4
474+This act would take effect upon passage. 5
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476+LC001798
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