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:

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

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

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

others.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

association, or corporation.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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

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

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

and as to form by the attorney general.

     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

first refusal to purchase the property subject to their lease.

     This act would take effect upon passage.

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