2013 -- S 0696

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LC01462

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO TOWNS AND CITIES - RHODE ISLAND COMMUNITY PRESERVATION

ACT

     Introduced By: Senators DiPalma, Sosnowski, and Ottiano

     Date Introduced: March 06, 2013

     Referred To: Senate Housing & Municipal Government

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 45 of the General Laws entitled "TOWNS AND CITIES" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 24.6

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RHODE ISLAND COMMUNITY PRESERVATION ACT

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     45-24.6-1. Short title. – This chapter shall be known and may be cited as the "Rhode

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Island Community Preservation Act."

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     45-24.6-2. Findings and purposes. – The general assembly finds and declares that:

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     (1) Capital investments in our communities are essential to protecting their character,

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environment, heritage, affordability, quality of life, and economic vitality;

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     (2) Cities and towns need capital funding to protect special open spaces, working farms,

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natural areas, and historic landmarks, as well as, to create parks, outdoor recreation facilities and

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housing that support all residents’ health and wellbeing; and

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     (3) Cities and towns need a reliable "pay as you go" source of funding for these capital

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investments to reduce dependence on bond funding.

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     Therefore, the general assembly is providing cities and towns with the authority to

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propose, for consideration and decision by their voters, a reliable source of capital funding for

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investing in their community. The general assembly is also creating a dedicated state funding

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source to provide matching funds for communities that choose to adopt the community

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preservation act.

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     45-24.6-3. Definitions. – As used in this chapter, the following words shall, unless the

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context clearly indicates a different meaning, have the following meanings:

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     (1) "Acquire" means obtain by gift, purchase, devise, grant, rental, rental purchase, lease

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or otherwise.

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     (2) "Capital improvement" means reconstruction or alteration of real property that: (i)

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Materially adds to the value of the real property, or appreciably prolongs the useful life of the real

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property; (ii) Becomes part of the real property or is permanently affixed to the real property so

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that removal would cause material damage to the property or article itself; and (iii) Is intended to

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become a permanent installation or is intended to remain there for an indefinite period of time.

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     (3) "Community housing" means low or moderate income housing for individuals and

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families, including low or moderate income senior housing.

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     (4) "Community preservation" means the acquisition, creation and preservation of open

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space, the acquisition, creation and preservation of historic resources and the creation and

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preservation of community housing.

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     (5) "Community preservation committee" means the committee established by the city or

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town council of a city or town to make recommendations for community preservation, as

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provided in section 45-24.6-6.

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     (6) "Community preservation fund" means the municipal fund established under section

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45-24.6-8.

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     (7) "CP" means community preservation.

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     (8) "Historic resources" means any real property, structure, natural object, place,

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landmark, landscape, archaeological site or configuration or any portion or group of the preceding

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which has been listed on the federal or state register of historic places or that is considered by the

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Rhode Island historical preservation and heritage commission to meet the eligibility criteria for

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listing on the state register of historic places pursuant to section 42-45-5 or is located in a historic

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district established by a municipality in accordance with chapter 45-24.1, "Historic Area Zoning."

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     (9) "Maintenance" means incidental repairs which neither materially add to the value of

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the property or appreciably prolong the property’s life, but keep the property in a condition of

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fitness, efficiency or readiness.

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     (10) "Low or moderate income housing" means any housing, whether built or operated

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by any public agency or any nonprofit organization, or by any limited equity housing cooperative

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or any private developer, that is subsidized by a federal, state, or municipal government subsidy

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under any program to assist the construction or rehabilitation of housing affordable to low or

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moderate income households, as defined in the applicable federal or state statute, or local

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ordinance and that will remain affordable through a land lease and/or deed restriction for ninety-

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nine (99) years or such other period that is either agreed to by the applicant and town or

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prescribed by the federal, state, or municipal government subsidy program but that is not less than

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thirty (30) years from initial occupancy.

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     (11) "Open space" means, but is not limited to, land to protect existing and future well

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fields, aquifers and recharge areas, watershed land, agricultural land, grasslands, fields, forest

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land, fresh and salt water marshes and other wetlands, ocean, river, stream, lake and pond

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frontage, beaches, dunes and other coastal lands, lands to protect scenic vistas, land for wildlife or

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nature preserve, and land for recreational use.

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     (12) "Preservation" means protection of personal or real property from injury, harm, or

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destruction.

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     (13) "Real property" means land, buildings, appurtenant structures and fixtures attached

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to buildings or land, including, where applicable, real property interests.

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     (14) "Real property interest" means a present or future legal or equitable interest in or to

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real property, including easements and restrictions, and any beneficial interest therein, including

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the interest of a beneficiary in a trust which holds a legal or equitable interest in real property, but

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shall not include an interest which is limited to the following: an estate at will or at sufferance and

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any estate for years having a term of less than thirty (30) years; the reversionary right, condition

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or right of entry for condition broken; the interest of a mortgagee or other secured party in a

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mortgage or security agreement.

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     (15) "Recreational use" means active or passive recreational use including, but not

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limited to, the use of land for community gardens, trails, and noncommercial youth and adult

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sports, and the use of land as a park, playground or athletic field. "Recreational use" shall not

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include horse or dog racing or the use of land for a stadium, gymnasium or similar structure.

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     (16) "Rehabilitation" means capital improvements, or the making of extraordinary

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repairs to historic resources, open spaces, lands for recreational use and community housing for

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the purpose of making such historic resources, open spaces, lands for recreational use and

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community housing functional for their intended uses, including, but not limited to,

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improvements to comply with the Americans with disabilities act and other federal, state or local

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building or access codes; provided, that with respect to historic resources, "rehabilitation" shall

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comply with the standards for rehabilitation stated in the United States secretary of the interior’s

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standards for the treatment of historic properties codified in 36 C.F.R. part 68; and provided

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further, that with respect to land for recreational use, "rehabilitation" shall include the

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replacement of playground equipment and other capital improvements to the land or the facilities

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thereon which make the land or the related facilities more functional for the intended recreational

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use.

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     (17) "Support of community housing" means, but is not limited to, programs that provide

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grants, loans, rental assistance, security deposits, interest-rate write downs or other forms of

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assistance directly to individuals and families who are eligible for community housing, or to an

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entity that owns, operates or manages such housing, for the purpose of making housing

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affordable.

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     45-24.6-4. Voter approval required. – (a) Any ordinance providing for the

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implementation of sections 45-24.6-4 through 45-24.6-8, which has been duly adopted by a city

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or town, shall only be effective upon its approval by the voters of the city or town through a ballot

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question as set forth in this section.

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     (b) The city or town council may vote to accept sections 45-24.6-4 through 45-24.6-8,

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inclusive, by approving a surcharge on real property of not more than three percent (3%) of the

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real estate tax levy against real property, as determined annually by the assessor. The amount of

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the surcharge shall not be included in a calculation of total maximum levy for purposes of section

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44-5-2.

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     (c) All exemptions and abatements of real property authorized by chapter 44-3 ("Property

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Subject to Taxation"), section 44-3-3, or any other law for which a taxpayer qualifies as eligible

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shall not be affected by this section. A taxpayer receiving an exemption of real property

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authorized by chapter 44-3, section 44-3-3, or any other law shall be exempt from any surcharge

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on real property established under this section. The surcharge to be paid by a taxpayer receiving

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an abatement of real property authorized by chapter 44-3, section 44-3-3, or any other law shall

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be reduced in proportion to the amount of such abatement.

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     (d) Any amount of the surcharge not paid by the due date shall bear interest at the rate per

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annum provided in section 44-5-9.

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     (e) The city or town council may also vote to accept one or more of the following

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exemptions:

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     (1) For property owned and occupied as a domicile by a person who would qualify for

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low or moderate income housing in the city or town;

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     (2) For commercial and industrial properties in cities or towns with classified tax rates; or

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     (3) For one hundred thousand dollars ($100,000) of the value of each taxable parcel of

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residential real property; or

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     (4) For one hundred thousand dollars ($100,000) of the value of each taxable parcel of

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commercial property and industrial property.

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     (f) Upon approval by the city or town council, the actions of the body shall be submitted

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for acceptance to the voters of a city or town at the next regular or special municipal or state

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election. The city or town clerk or the secretary of state shall place the proposition on the ballot

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in the form of the following question:

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     "Shall this (city or town) accept sections 45-24.6-4 through 45-24.6-8, inclusive of

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chapter 45 of the general laws, as approved by its city or town council, a summary of which

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appears below?"

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     (Set forth here a fair, concise summary and purpose of the law to be acted upon, as

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determined by the city or town solicitor, including in said summary the percentage of the

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surcharge to be imposed.)

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     If a majority of the voters voting on said question vote in the affirmative, then its

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provisions shall take effect in the city or town, but not otherwise.

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     45-24.6-5. Imposition of surcharge. – (a) Upon acceptance of sections 45-24.6-4

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through 45-24.6-8, inclusive, and upon the assessor's warrant to the tax collector, the accepted

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surcharge shall be imposed.

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     (b) After receipt of the warrant, the tax collector shall collect the surcharge in the amount

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and according to the computation specified in the warrant and shall pay the amounts so collected,

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quarterly, according to the schedule for collection of property taxes for the tax on real property, to

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the city's or town's treasurer. The tax collector shall cause appropriate books and accounts to be

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kept with respect to such surcharge, which shall be subject to public examination upon reasonable

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request from time to time.

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     (c) The remedies provided by section 44-7 for the collection of taxes upon real estate

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shall apply to the surcharge on real property pursuant to this section.

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     45-24.6-6. Community preservation committee. – (a) A city or town that accepts

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sections 45-24.6-4 through 45-24.6-8, inclusive, shall establish by ordinance a community

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preservation committee. The committee shall consist of not less than five (5) nor more than nine

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(9) members. The ordinance shall determine the composition of the committee, the length of its

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term and the method of selecting its members, whether by election or appointment or by a

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combination thereof. The committee shall include, but not be limited to: one member of the

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planning board established under section 45-22-1 as designated by the board; one member of the

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municipal land trust or non-profit land trust established per paragraph 42-17.1-2(28)(ii)

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designated by the land trust; if no land trust exists, one member of the conservation commission

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established pursuant to chapter 45-35 ("Conservation Commissions") as designated by the

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commission; one member representing historical preservation interests; one member representing

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park and outdoor recreation interests and one member representing affordable housing interests,

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or persons, as determined by the ordinance or bylaw, acting in the capacity of or performing like

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duties of the commissions, board, or authority if they have not been established in the city or

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town. If there are no persons acting in the capacity of or performing like duties of any such

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commission, board, or authority, the ordinance or bylaw shall outline an appointment process that

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assures that membership of the community preservation committee shall include individuals

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appointed with knowledge and interest in each subject matter: land conservation, parks, historic

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preservation, and community housing.

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     (b)(1) The community preservation committee shall study the needs, possibilities, and

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resources of the city or town regarding community preservation, including the consideration of

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regional projects for community preservation. The committee shall consult with existing

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municipal boards, including the conservation commission, the historical commission, the

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planning board, the board of park commissioners, and the housing authority, or persons acting in

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those capacities or performing like duties, in conducting such studies. As part of its study, the

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committee shall hold one or more public informational hearings on the needs, possibilities, and

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resources of the city or town regarding community preservation possibilities and resources, notice

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of which shall be posted publicly and published for each of two (2) weeks preceding a hearing in

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a newspaper of general circulation in the city or town.

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     (2) The community preservation committee shall make recommendations to the city or

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town council for the acquisition, creation, and preservation of open space; for the acquisition,

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preservation, rehabilitation, and restoration of historic resources; for the acquisition, creation,

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preservation, rehabilitation, and restoration of land for recreational use; for the acquisition,

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creation, preservation, and support of community housing; and for rehabilitation or restoration of

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open space and community housing that is acquired or created as provided in this section;

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provided, however, that funds expended pursuant to this section shall not be used for

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maintenance. With respect to community housing, the community preservation committee shall

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recommend, wherever possible, the reuse of existing buildings or construction of new buildings

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on previously developed sites. With respect to recreational use, the acquisition of artificial turf for

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athletic fields shall be prohibited.

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     (3) The community preservation committee may include in its recommendation to the

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city or town council a recommendation to set aside for later spending funds for specific purposes

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that are consistent with community preservation but for which sufficient revenues are not then

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available in the community preservation fund to accomplish that specific purpose.

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     (c) The community preservation committee shall not meet or conduct business without

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the presence of a quorum. A majority of the members of the community preservation committee

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shall constitute a quorum. The community preservation committee shall approve its actions by

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majority vote. Recommendations to the city or town council shall include their anticipated costs.

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     (d) After receiving recommendations from the community preservation committee, the

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city or town council shall take such action and approve such appropriations from the community

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preservation fund as set forth in section 45-24.6-8 and such additional non-community

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preservation fund appropriations as it deems appropriate to carry out the recommendations of the

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community preservation committee.

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     (f) No real property, or interest therein, shall be acquired by any city or town for a price

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exceeding the value of the property as determined by such city or town through procedures

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customarily accepted by the appraising profession as valid.

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     A city or town may appropriate money in any year from the community preservation fund

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to an affordable housing trust fund.

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     45-24.6-7. Minimum spending requirements for community preservation fund. – (a)

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In each fiscal year and upon the recommendation of the community preservation committee, the

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city or town council shall spend, or set aside for later spending, not less than ten percent (10%) of

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the annual revenues in the community preservation fund for open space, not less than ten percent

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(10%) of the annual revenues for historic resources, and not less than ten percent (10%) of the

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annual revenues for community housing. In each fiscal year, the city or town council shall make

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appropriations from the community preservation fund as it deems necessary for the administrative

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and operating expenses of the community preservation committee and such appropriations shall

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not exceed five percent (5%) of the annual revenues in the community preservation fund.

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     (b) Funds that are set aside shall be held in the community preservation fund and spent in

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that year or later years; provided, however, that funds set aside for a specific purpose shall be

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spent only for the specific purpose. Any funds set aside may be expended in any city or town.

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The community preservation funds shall not replace existing operating funds, only augment them.

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     45-24.6-8. Establishment of community preservation fund. – A city or town that

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accepts sections 45-24.6-4 through 45-24.6-8, inclusive, shall establish a separate account to be

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known as the community preservation fund of which the municipal treasurer shall be the

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custodian. The authority to approve expenditures from the fund shall be limited to the city or

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town council upon recommendation from the community preservation committee, and the

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municipal treasurer shall pay such expenses.

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     The following monies shall be deposited in the fund: (1) All funds collected from the real

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property surcharge or bond proceeds in anticipation of revenue pursuant to sections 45-24.6-5 and

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45-24.6-9; (2) All funds received from the state or any other source for such purposes; and (3)

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Proceeds from the disposal of real property acquired with funds from the community preservation

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fund. The treasurer may deposit or invest the proceeds of the fund in a savings bank incorporated

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under the laws of the state, banking companies incorporated under the laws of the state which are

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members of the federal deposit insurance corporation, or national banks, or savings and loan

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associations doing business in the state, and any income therefrom shall be credited to the fund.

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The expenditure of revenues from the fund shall be limited to implementing the recommendations

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of the community preservation committee and providing administrative and operating expenses to

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the committee.

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     45-24.6-9. Authority to issue bonds. – A city or town that accepts sections 45-24.6-4

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through 45-24.6-8, inclusive, may issue, from time to time, general obligation bonds or notes in

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anticipation of revenues to be raised pursuant to section 45-24.6-4, the proceeds of which shall be

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deposited in the community preservation fund. Bonds or notes so issued may be at such rates of

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interest as shall be necessary and shall be repaid as soon after such revenues are collected as is

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expedient. Cities or towns that choose to issue bonds pursuant to this section shall make every

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effort to limit the administrative costs of issuing such bonds by cooperating among each other

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using methods including, but not limited to, common issuance of bonds or common retention of

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bond counsel.

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     45-24.6-10. Permanent conservation or preservation restrictions. – (a) A real property

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interest that is acquired with monies from the community preservation fund shall be bound by a

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permanent conservation or preservation restriction pursuant to the provisions of chapter 34-39

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("Conservation and Preservation Restrictions on Real Property"), recorded as a separate

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instrument and limiting the use of the interest to the purpose for which it was acquired. The

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permanent restriction shall run with the land and shall be enforceable by the city or town or the

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state. The permanent restriction may also run to the benefit of a nonprofit organization,

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charitable corporation or foundation selected by the city or town with the right to enforce the

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restriction. The city or town council may appropriate monies from the community preservation

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fund to pay a nonprofit organization created pursuant to paragraph 42-17.1-2(28)(ii) to hold,

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monitor, and enforce the deed restriction on said property.

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     (b) Real property interests acquired under this section shall be owned and managed by the

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city or town, but the city or town council may delegate management of such property to a land

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trust, conservation commission, historical commission, park commission, or housing authority as

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appropriate for the property interests acquired, or, in the case of interests to acquire sites for

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future wellhead development for drinking water, a water board, a water supply district, or a fire

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district. The city or town council may also delegate management of such property to a nonprofit

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organization created under paragraph 42-17.1-2(28)(ii).

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     45-24.6-11. Accounting to be kept. – The community preservation committee shall keep

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a full and accurate account of all of its actions, including its recommendations, and the action

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taken on them, and records of all appropriations or expenditures made from the community

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preservation fund. The committee shall also keep records of any real property interests acquired,

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disposed of or improved by the city or town upon its recommendation, including the names and

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addresses of the grantors or grantees and the nature of the consideration. The records and

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accounts shall be public records.

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     45-24.6-12. Acceptance of state grants. – Notwithstanding the provisions of any general

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or special law to the contrary, every city and town may accept sections 45-24.6-4 through 45-

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24.6-8, inclusive, and may thereupon receive state grants under subsection 42-142-4 (d). A city

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or town that accepts sections 45-24.6-4 through 45-24.6-8, inclusive, shall not be precluded from

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participating in state grant programs.

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     State grant programs may include local adoption of this section among the criteria for

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selection of grant recipients. Funds in the community preservation fund may be made available

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and used by the city or town as the local share for state or federal grants upon recommendation of

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the community preservation committee and the city or town council, as provided for in section

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45-24.6-6, if such grants and such local share are used in a manner consistent with the

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recommendations of the community preservation committee.

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     45-24.6-13. Amendment and revocation. – (a) At any time after imposition of the

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surcharge, the city or town council may approve and the voters may accept an amendment to the

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amount and computation of the surcharge, or to the amount of exemption or exemptions, in the

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same manner and within the limitations set forth in this section.

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      (b) At any time after the expiration of five (5) years after the date on which sections 45-

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24.6-4 through 45-24.6-8, inclusive, have been accepted in a city or town, said sections may be

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revoked in the same manner as they were accepted by such city or town, but the surcharge

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imposed under section 45-24.6-4 shall remain in effect in any such city or town, with respect to

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unpaid taxes on past transactions and with respect to taxes due on future transactions, until all

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contractual obligations incurred by the city or town prior to such termination shall have been fully

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discharged.

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     SECTION 2. Section 42-142-4 of the General Laws in Chapter 42-142 entitled

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"Department of Revenue" is hereby amended to read as follows:

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     42-142-4. Division of property valuation and municipal finance. -- (a) There is hereby

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established within the department of revenue a division of property valuation and municipal

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finance. The head of the office shall be the chief of property valuation and municipal finance.

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      (b) The division of property valuation and municipal finance shall have the following

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duties:

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      (i) Provide assistance and guidance to municipalities in complying with state law;

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      (ii) To encourage cooperation between municipalities and the state in calculating,

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evaluating and distributing state aid;

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      (iii) To maintain a data center of information of use to municipalities;

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      (iv) To maintain and compute financial and equalized property value information for the

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benefit of municipalities and public policy decision makers;

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      (v) To encourage and assure compliance with state laws and policies relating to

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municipalities especially in the areas of public disclosure, tax levies, financial reporting, and

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property tax issues;

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      (vi) To encourage cooperation between municipalities and the state by distributing

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information and by providing technical assistance to municipalities;

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      (vii) To give guidance to public decision makers on the equitable distribution of state aid

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to municipalities;

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      (viii) To provide technical assistance for property tax administration.;

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     (ix) To administer the community preservation act as set forth in subsection (c) herein.

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     (c)(1) There shall be established and set up on the books of the state a separate fund, to be

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known as the Rhode Island community preservation trust fund, for the benefit of cities and towns

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that have accepted sections 45-24.6-4 through 45-24.6-8, inclusive, and pursuant to sections 45-

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24.6-4 through 45-24.6-8, inclusive, have imposed a surcharge on their real property tax levy,

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subject to any exemptions adopted by a municipality. The fund shall consist of all revenues

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received by the state: (i) Under the provisions of section 34-13-7 from public and private sources

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as gifts, grants and donations to further community preservation programs; or (ii) All other

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monies credited to or transferred to from any other fund or source pursuant to law.

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     (2) The state treasurer shall deposit the fund in accordance with the provisions of

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subsection 42-142-4(d) in such manner as will secure the highest interest rate available consistent

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with the safety of the fund and with the requirement that all amounts on deposit be available for

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withdrawal without penalty for such withdrawal at any time. All interest accrued and earnings

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shall be deposited into the fund. The fund shall be expended solely for the administration and

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implementation of this section. Any unexpended balances shall be redeposited for future use

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consistent with the provisions of this chapter.

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     (3) The state treasurer shall make all disbursements and expenditures from the Rhode

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Island community preservation trust fund without further appropriation, as directed by the

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director of revenue in accordance with subsection 42-142-4 (d). The department of revenue shall

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report by source all amounts credited to said fund and all expenditures from said fund. The

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director of revenue shall assign personnel of the department as it may need to administer and

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manage the fund disbursements and any expense incurred by the department shall be deemed an

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operating and administrative expense of the program. The operating and administrative expenses

11-8

shall not exceed five percent (5%) of the annual total revenue received under the provisions of

11-9

subsection 42-142-4 (d).

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     (d)(1) The director of revenue shall annually on or before November 15 disburse monies

11-11

from the Rhode Island community preservation trust fund established pursuant to this section to

11-12

cities and towns that have accepted sections 45-24.6-4 through 45-24.6-8, inclusive, and notified

11-13

the director of its acceptance. The community shall notify the director of the date and terms on

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which the voters accepted said sections 45-24.6-4 through 45-24.6-8, inclusive. The municipal

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tax collecting authority shall certify to the director the amount the city or town has raised through

11-16

June 30 by imposing a surcharge on its real property levy and shall certify the percentage of the

11-17

surcharge applied.

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     (2) The commissioner shall distribute to each city or town accepting said sections 45-

11-19

24.6-4 through 45-24.6-8, inclusive, in an amount not less than five percent (5%), but not greater

11-20

than one hundred percent (100%) of the total amount raised by the additional surcharge on real

11-21

property by each city or town. This shall be known as the match distribution. The percentage

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shall be the same for each city and town and shall be determined by the director annually in a

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manner that distributes the maximum amount available to each participating city or town.

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     (3) After distributing the Rhode Island community preservation trust fund in accordance

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with this section, the commissioner shall keep any remaining funds in the trust for distribution in

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the following year.

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     (e) The director of revenue shall have the authority to promulgate rules and regulations to

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effect the purposes of the Rhode Island community preservation act.

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     SECTION 3. Chapter 44-5 of the General Laws entitled "Levy and Assessment of Local

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Taxes" is hereby amended by adding thereto the following section:

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     44-5-84. Community preservation special purpose levy. -- (a) Authority for levy.

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Cities and towns that adopt and accept the provisions of sections 45-24.6-4 through 45-24..6-8,

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inclusive, according to the procedures specified therein, may levy a surcharge on real property of

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not more than three percent (3%) of the real estate tax levy against real property, as determined

12-1

annually by the assessor.

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     (b) Notwithstanding any provision of law or ordinance to the contrary, a special levy

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adopted in accordance with the provision of chapter 45-24.6 shall not be included in the

12-4

calculation or approval of the maximum levy as set forth in section 45-24.6-4 of this chapter.

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     (c) Use of levy. The proceeds of said levy shall be used solely for the purposes set forth

12-6

in chapter 45-24.6.

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     SECTION 4. Section 34-13-7 of the General Laws in Chapter 34-13 entitled "Recording

12-8

of Instruments" is hereby amended to read as follows:

12-9

     34-13-7. General recording fees. -- (a) The fees to the recording officers for recording

12-10

the following described instruments relating to real estate shall be as follows:

12-11

     Warranty deed $80.00

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     Quitclaim deed
80.00

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     Deed of executor, administrator, trustee,

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     conservator, receiver, or commissioner
80.00

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     Mortgage
60.00

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     Partial release of mortgage
45.00

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     Assignment of mortgage
45.00

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     Foreclosure deed under power of sale with affidavit
80.00

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     Lease
60.00

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     General assignment
45.00

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     Discharge of mortgage
45.00

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     Discharge of attachment or execution
45.00

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     Any other instrument not otherwise expressly

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     provided for by statute
45.00

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     Lien - Federal tax
7.25

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     Lien - Federal tax, discharge of
7.25

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     Maps, plats, surveys, drawings (not attached

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     to or a part of another recordable instrument)
45.00

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     Bill of sale
45.00

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     Power of attorney
45.00

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     Lis pendens
80.00

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     Writ of attachment or execution affecting title

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     to real estate 10.00

13-34

     Writ of attachment or lien affecting title to

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     mobile and manufactured homes 2.00

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     Notice of intention under the mechanics' lien law 8.00

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     Account under mechanics' lien law 10.00

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     (b) The recording officers shall be allowed to charge a rate of one dollar ($1.00) for each

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additional page or fraction over.

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     (c) Ten percent (10%) of the recording fees provided for in this section shall be utilized

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by each city or town for the purposes of document preservation and technological upgrades.

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     (d) Notwithstanding the foregoing, the recording fee for lis pendens and/or bail property

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liens recorded by bailbondsmen and the recording fee to discharge lis pendens and/or bail

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property liens recorded by bailbondsmen shall be ten dollars ($10.00).

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     (e) In addition to the fees set forth above, there shall be a twenty dollar ($20) surcharge

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for recording these instruments. All surcharges on fees collected pursuant to this section shall be

13-47

remitted by the recording officer to the Rhode Island community preservation trust fund,

13-48

established in section 42-142-4, administered by the department of revenue, division of property

13-49

valuation and municipal finance. The surcharges imposed shall be used for community

13-50

preservation purposes. No surcharge shall apply to the fees charged for additional pages, photo

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copies, abstract cards, or additional square feet for the recording of plans.

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     SECTION 7. Sections 1, 2, 3, and 5 of this act shall take effect on July 1, 2013, and

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section 4 of this act shall take effect on January 1, 2014.

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LC01462

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TOWNS AND CITIES - RHODE ISLAND COMMUNITY PRESERVATION

ACT

***

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     This act would establish the Rhode Island Community Preservation Act to promote

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capital investment and development within Rhode Island communities. The act provides a source

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of funding for such investment and development.

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     Sections 1, 2, 3, and 5 of this act would take effect on July 1, 2013, and section 4 of this

14-5

act would take effect on January 1, 2014.

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LC01462

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