2014 -- H 7429

========

LC003179

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

____________

A N   A C T

RELATING TO TAXATION - MOTOR VEHICLE TAX ELIMINATION

     

     Introduced By: Representatives Chippendale, Newberry, Giarrusso, Costa, and Trillo

     Date Introduced: February 12, 2014

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

1

     SECTION 1. Section 44-34.1-1 of the General Laws in Chapter 44-34.1 entitled "Motor

2

Vehicle and Trailer Excise Tax Elimination Act of 1998" is hereby amended to read as follows:

3

     44-34.1-1. Excise tax phase-out. -- (a) (1) Notwithstanding the provisions of chapter 34

4

of this title or any other provisions to the contrary, the motor vehicle and trailer excise tax

5

established by section 44-34-1 may be phased out. The phase-out shall apply to all motor vehicles

6

and trailers, including leased vehicles.

7

     (2) Lessors of vehicles that pay excise taxes directly to municipalities shall provide

8

lessees, at the time of entering into the lease agreement, an estimate of annual excise taxes

9

payable throughout the term of the lease. In the event the actual excise tax is less than the

10

estimated excise tax, the lessor shall annually rebate to the lessee the difference between the

11

actual excise tax and the estimated excise tax.

12

     (b) Pursuant to the provisions of this section, all motor vehicles shall be assessed a value

13

by the vehicle value commission. That value shall be assessed according to the provisions of

14

section 44-34-11(c)(1) and in accordance with the terms as defined in subsection (d) of this

15

section; provided, however, that the maximum taxable value percentage applicable to model year

16

values as of December 31, 1997, shall continue to be applicable in future year valuations aged by

17

one year in each succeeding year.

18

     (c) (1) The motor vehicle excise tax phase-out shall commence with the excise tax bills

19

mailed to taxpayers for the fiscal year 2000. The phase-out, beyond fiscal year 2003, shall be

 

1

subject to annual review and appropriation by the general assembly. The tax assessors of the

2

various cities and towns and fire districts shall reduce the average retail value of each vehicle

3

assessed by using the prorated exemptions from the following table:

4

     Local Fiscal Year State fiscal year

5

     Exempt from value Local Exemption Reimbursement

6

     fiscal year 1999 0 $1,500

7

     fiscal year 2000 $1,500 $2,500

8

     fiscal year 2001 $2,500 $3,500

9

     fiscal year 2002 $3,500 $4,500

10

     fiscal years 2003, 2004

11

     and 2005 $4,500 $4,500

12

     for fiscal year 2006 and $5,000 $5,000

13

     for fiscal year 2007 $6,000 $6,000

14

      for fiscal years 2008, 2009 and 2010 the exemption and the state fiscal year

15

reimbursement shall be increased, at a minimum, to the maximum amount to the nearest two

16

hundred and fifty dollar ($250) increment within the allocation of one and twenty-two hundredths

17

percent (l.22%) of net terminal income derived from video lottery games pursuant to the

18

provisions of section 42-61-15, and in no event shall the exemption in any fiscal year be less than

19

the prior fiscal year.;

20

     for fiscal year 2011 and thereafter, the exemption shall be five hundred dollars ($500).

21

Cities and towns may provide an additional exemption; provided, however, any such additional

22

exemption shall not be subject to reimbursement.;

23

     for the fiscal year 2015 and thereafter, the exemption shall be as provided in the

24

following table:

25

     Local Fiscal Year State fiscal year

26

     Exempt from value Local Exemption Reimbursement

27

     fiscal year 2015 $1,000 $1,000

28

     fiscal year 2016 $1,500 $1,500

29

     fiscal year 2017 $2,000 $2,000

30

     fiscal year 2018 $2,500 $2,500

31

     fiscal year 2019 $3,000 $3,000

32

     fiscal year 2020 $3,500 $3,500

33

     fiscal year 2021 $4,000 $4,000

34

     fiscal year 2022 $5,000 $5,000

 

LC003179 - Page 2 of 4

1

     fiscal year 2023 $6,000 $6,000

2

     (2) The excise tax phase-out shall provide levels of assessed value reductions until the tax

3

is eliminated or reduced as provided in this chapter.

4

     (3) Current exemptions shall remain in effect as provided in this chapter.

5

     (4) The excise tax rates and ratios of assessment shall be maintained at a level identical to

6

the level in effect for fiscal year 1998 for each city, town, and fire district; provided, in the town

7

of Johnston the excise tax rate and ratios of assessment shall be maintained at a level identical to

8

the level in effect for fiscal year 1999 levels and the levy of a city, town, or fire district shall be

9

limited to the lesser of the maximum taxable value or net assessed value for purposes of

10

collecting the tax in any given year. Provided, however, for fiscal year 2011 and thereafter, the

11

rates and ratios of assessment may be less than but not more than the rates described in this

12

subsection (4).

13

     (d) Definitions.

14

     (1) "Maximum taxable value" means the value of vehicles as prescribed by section 44-34-

15

11 reduced by the percentage of assessed value applicable to model year values as determined by

16

the Rhode Island vehicle value commission as of December 31, 1997, for the vehicles valued by

17

the commission as of December 31, 1997. For all vehicle value types not valued by the Rhode

18

Island vehicle value commission as of December 31, 1997, the maximum taxable value shall be

19

the latest value determined by a local assessor from an appropriate pricing guide, multiplied by

20

the ratio of assessment used by that city, town, or fire district for a particular model year as of

21

December 31, 1997.

22

      (2) "Net assessed value" means the motor vehicle values as determined in accordance

23

with section 44-34-11 less all personal exemptions allowed by cities, towns, fire districts, and the

24

state of Rhode Island exemption value as provided for in section 44-34.1-1(c)(1).

25

     (e) If any provision of this chapter shall be held invalid by any court of competent

26

jurisdiction, the remainder of this chapter and the applications of the provisions hereof shall not

27

be effected thereby.

28

     SECTION 2. This act shall take effect upon passage.

========

LC003179

========

 

LC003179 - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TAXATION - MOTOR VEHICLE TAX ELIMINATION

***

1

     This act would resume the elimination of motor vehicle and trailer excise tax.

2

     This act would take effect upon passage.

========

LC003179

========

 

LC003179 - Page 4 of 4