2023 -- S 0706

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LC002399

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS -- MANAGEMENT AND DISPOSAL

OF PROPERTY

     

     Introduced By: Senators DiPalma, Ciccone, and Miller

     Date Introduced: March 22, 2023

     Referred To: Senate Finance

     (Dept. of BHDDH)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 37-7-5 of the General Laws in Chapter 37-7 entitled "Management

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and Disposal of Property" is hereby amended to read as follows:

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     37-7-5. Lease or sale of land acquired by purchase, devise or gift — Permitting use by

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others.

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     (a) The acquiring authority, with the approval of the state properties committee, is

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authorized and empowered to rent or lease for a period not exceeding ten (10) years with an option

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for one renewal for a further period of ten (10) years any land or other real property acquired by

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purchase, devise, or gift as may not for the time be required for public use in such manner and upon

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such terms and conditions as may, in the judgment of the state purchasing agent, be most

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advantageous to the public interest. Provided, however, that with the approval of the state properties

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committee, the Rhode Island board of governors for higher education may enter into ground leases

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for real property owned by the board for a period not exceeding ninety-nine (99) years with four

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(4) options for renewal for a further period of ninety-nine (99) years each for educational and other

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purposes consistent with the mission of the institution. The acquiring authority, with the approval

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of the state properties committee, is hereby authorized and empowered to sell land or property in

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whole, or in part, in such manner and upon such terms and conditions as may in the judgment of

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the state purchasing agent be most advantageous to the public interest, and convey the land or

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property by proper deed or instrument; provided, however, that the acquiring authority shall first

 

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offer the land or property for sale to the city or town wherein the land or property is situated at the

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fair market value of the property. A first right to purchase the land or property shall be conclusively

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presumed to have been waived in the event a written offer to sell the land or property, containing

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the terms of the offer, shall have been sent by registered or certified mail to the city or town clerk,

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as the case may be, wherein the land and property are situated and the offer shall not have been

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accepted within thirty (30) days from the date of the mailing. In the event that the city or town

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wherein the land or property is situated shall refuse to buy the property or land or waive its right to

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the first option to purchase, then, in that event the acquiring authority shall be at liberty to sell the

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land or property to the highest bidder at public sale after advertising the time, place, and conditions

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of the sale at least once a week for at least three (3) weeks preceding the sale in at least one

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newspaper published in the county in which the land or property is situated. The acquiring authority

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may at any time, with the approval of the governor, after notice to the state properties committee,

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permit the use of any land or property to the government of the United States or to any town or city

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within the state of Rhode Island, and may, if the governor declares the necessity therefor by reason

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of any emergency, allow the temporary use of the land or property to any person, persons,

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association, or corporation.

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     (b) The acquiring authority shall first offer to a lessee of a group home that is licensed by

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the department of behavioral healthcare, developmental disabilities and hospitals a first right to

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purchase the land or property it currently leases at fair market value of the land or property before

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it is offered for sale to the city or town in which the land or property is situated. The term “group

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home” means any home or other living arrangement that is established, offered, maintained,

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conducted, managed, or operated by any person for a period of at least twenty-four (24) hours,

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where, on a twenty-four (24) hour basis, direct supervision is provided for the purpose of providing

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rehabilitative treatment, habilitation, psychological support, and/or social guidance for three (3) or

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more persons with mental illness, addiction/substance use disorders, or who are persons with

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developmental disabilities or cognitive disabilities such as brain injury. The facilities shall include,

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but not be limited to, group homes and fully supervised apartment programs. Semi-independent

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living programs, foster care, halfway houses, and parent deinstitutionalization subsidy aid programs

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shall not be considered group homes for the purposes of this chapter. The right to purchase the land

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or property shall be conclusively presumed to have been waived in the event a written offer to sell

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the land or property, containing the terms of the offer, shall have been sent by registered or certified

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mail to the registered agent of the lessee for service of process, and the offer shall not have been

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accepted within thirty (30) days from the date of the mailing. If the lessee shall waive the first right

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to purchase the land or property, the acquiring authority is hereby authorized to act in accordance

 

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with the provisions specified in subsection (a) of this section.

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     (b)(c) The acquiring authority is hereby authorized to execute proper deeds and other

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instruments of conveyance and demise for land or other real property sold or leased which deeds

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and instruments shall in each case be approved as to substance by the director of administration

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and as to form by the attorney general.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS -- MANAGEMENT AND DISPOSAL

OF PROPERTY

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     This act would provide that occupants of state-owned group homes be given the right of

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first refusal to purchase the property subject to their lease.

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     This act would take effect upon passage.

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