Rhode Island 2023 Regular Session

Rhode Island House Bill H5970 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5970
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7	7	LC001468
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO PUBLIC PROPERTY AND WORKS -- NARRAGANSETT TRIBAL
16	16	SOVEREIGNTY ACT
17	17	Introduced By: Representatives Henries, Tanzi, Stewart, Alzate, Sanchez, J. Lombardi,
18	18	Felix, and Cotter
19	19	Date Introduced: March 01, 2023
20	20	Referred To: House State Government & Elections
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22	22
23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Title 37 of the General Laws entitled "PUBLIC PROPERTY AND WORKS" 1
25	25	is hereby amended by adding thereto the following chapter: 2
26	26	CHAPTER 18.1 3
27	27	NARRAGANSETT TRIBAL SOVEREIGNTY ACT 4
28	28	37-18.1-1. Short title. 5
29	29	This chapter shall be known and may be cited as the "Narragansett Tribal Sovereignty Act." 6
30	30	37-18.1-2. Declaration of sovereignty. 7
31	31	The State of Rhode Island hereby declares and acknowledges the Narragansett Indian Tribe 8
32	32	as the sole sovereign federally recognized Indian tribe in what is now known as the State of Rhode 9
33	33	Island, and recognizes the tribe's governmental structure and status. 10
34	34	SECTION 2. Chapter 44-3 of the General Laws entitled "Property Subject to Taxation" is 11
35	35	hereby amended by adding thereto the following section: 12
36	36	44-3-67. Narragansett Indian Tribe tax exemptions. 13
37	37	All Narragansett tribal members owning real estate, as well as all Narragansett tribal 14
38	38	member organizations, businesses and/or land trusts created under Narragansett tribal law, or 15
39	39	incorporated in the State of Rhode Island, shall be exempt from real estate taxes, as follows: 16
40	40	(1) Tax exemption for commercial real estate. 17
41	41	(i) Full tax exemption shall apply to Narragansett tribally owned commercial real estate 18
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45	45	upon proof of: 1
46	46	(A) Membership in the federally acknowledged and recognized Narragansett Indian tribe; 2
47	47	and 3
48	48	(B) Proof of Narragansett tribal land ownership with at least one current Narragansett tribal 4
49	49	member on the property deed. 5
50	50	(ii) Full tax exemption shall apply to Narragansett tribal members of privately owned 6
51	51	commercial real estate property upon proof of: 7
52	52	(A) Membership in the federally acknowledged and recognized Narragansett Indian Tribe; 8
53	53	and 9
54	54	(B) At least fifty-one percent (51%) of Narragansett tribal real estate ownership in Rhode 10
55	55	Island. 11
56	56	(2) Real estate tax exemption for businesses-owned real estate. 12
57	57	(i) All business entities created by the federally acknowledged and recognized Narragansett 13
58	58	Indian Tribe shall be exempt from real estate taxes upon proof of: 14
59	59	(A) Membership in the federally acknowledged and recognized Narragansett Indian Tribe; 15
60	60	(B) Business creation under Narragansett tribal law; and 16
61	61	(C) Proof of Narragansett tribal land ownership with at least one current Narragansett tribal 17
62	62	member on the property deed. 18
63	63	(ii) Narragansett tribal member-led community 501(c)(3) nonprofit organizations and their 19
64	64	related businesses shall be real estate tax exempt upon proof of: 20
65	65	(A) Business incorporation in the State of Rhode Island; 21
66	66	(B) 501(c)(3) IRS status; and 22
67	67	(C) At least fifty-one percent (51%) Narragansett Indian Tribe member enrollment in the 23
68	68	executive (officers) leadership and board leadership. 24
69	69	(3) Tribal, private and community land trusts. 25
70	70	(i) Land trusts created under the laws of the Narragansett Indian Tribe shall be real estate 26
71	71	tax exempt in the State of Rhode Island upon proof of: 27
72	72	(A) Membership in the federally acknowledged and recognized Narragansett Indian Tribe; 28
73	73	and 29
74	74	(B) With at least fifty-one percent (51%) current Narragansett tribal member on the 30
75	75	property deed of the private land trust or the community land trust. 31
76	76	(ii) Private and community land trusts shall be exempt from all real estate and property 32
77	77	taxes upon proof of: 33
78	78	(A) The trust has been created under Rhode Island law; and 34
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82	82	(B) At least fifty-one percent (51%) of land trust owners or trust managers have 1
83	83	Narragansett Indian Tribal membership. 2
84	84	(4) Narragansett tribal membership shall be confirmed and determined by the Narragansett 3
85	85	Indian Tribe. Proof of tribal membership shall be provided as needed. 4
86	86	(5) Full tax exemption shall apply on any land related taxes other than real estate taxes that 5
87	87	are imposed by any municipality in the State of Rhode Island, as it pertains to subsections (1), (2) 6
88	88	and (3) of this section. 7
89	89	SECTION 3. This act shall take effect upon passage. 8
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96	96	EXPLANATION
97	97	BY THE LEGISLATIVE COUNCIL
98	98	OF
99	99	A N A C T
100	100	RELATING TO PUBLIC PROPERTY AND WORKS -- NARRAGANSETT TRIBAL
101	101	SOVEREIGNTY ACT
102	102	***
103	103	This act would exempt all Narragansett Indian Tribe members owning real estate, whether 1
104	104	privately, commercially, in nonprofit corporations or in land trusts, from all real estate taxes 2
105	105	imposed by the state or any municipality. 3
106	106	This act would take effect upon passage. 4
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