2014 -- S 2868

========

LC005299

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

____________

A N   A C T

RELATING TO TAXATION

     

     Introduced By: Senator Stephen R.Archambault

     Date Introduced: April 09, 2014

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

1

     SECTION 1. Section 44-3-4 of the General Laws in Chapter 44-3 entitled "Property

2

Subject to Taxation" is hereby amended to read as follows:

3

     44-3-4. Veterans' exemptions. -- (a) (1) The property of each person who served in the

4

military or naval service of the United States in the war of the rebellion, the Spanish-American

5

war, the insurrection in the Philippines, the China-relief expedition, or World War I, and the

6

property of each person who served in the military or naval service of the United States in World

7

War II at any time during the period beginning December 7, 1941, and ending on December 31,

8

1946, and the property of each person who served in the military or naval services of the United

9

States in the Korean conflict at any time during the period beginning June 27, 1950 and ending

10

January 31, 1955 or in the Vietnam conflict at any time during the period beginning February 28,

11

1961 and ending May 7, 1975 or who actually served in the Grenada or Lebanon conflicts of

12

1983-1984, or the Persian Gulf conflict, the Haitian conflict, the Somalian conflict, and the

13

Bosnian conflict, at any time during the period beginning August 2, 1990 and ending May 1,

14

1994, or in any conflict or undeclared war for which a campaign ribbon or expeditionary medal

15

was earned, and who was honorably discharged from the service, or who was discharged under

16

conditions other than dishonorable, or who, if not discharged, served honorably, or the property

17

of the unmarried widow or widower of that person, is exempted from taxation to the amount of

18

one thousand dollars ($1,000), except in:

19

      (i) Burrillville, where the exemption is four thousand dollars ($4,000);

 

1

      (ii) Cumberland, where the town council may, by ordinance, provide for an exemption of

2

a maximum of twenty-three thousand seven hundred seventy-two dollars ($23,772);

3

      (iii) Cranston, where the exemption shall not exceed three thousand dollars ($3,000);

4

      (iv) Jamestown, where the town council may, by ordinance, provide for an exemption

5

not exceeding five thousand dollars ($5,000);

6

      (v) Lincoln, where the exemption shall not exceed ten thousand dollars ($10,000); and

7

where the town council may also provide for a real estate tax exemption not exceeding ten

8

thousand dollars ($10,000) for those honorably discharged active duty veterans who served in

9

Operation Desert Storm.

10

      (vi) Newport, where the exemption is four thousand dollars ($4,000);

11

      (vii) New Shoreham, where the town council may, by ordinance, provide for an

12

exemption of a maximum of thirty-six thousand four hundred fifty dollars ($36,450);

13

      (viii) North Kingstown, where the exemption is ten thousand dollars ($10,000);

14

      (ix) North Providence, where the town council may, by ordinance, provide for an

15

exemption of a maximum of five thousand dollars ($5,000);

16

      (x) Smithfield, where the exemption is four thousand dollars ($4,000) ten thousand

17

dollars ($10,000);

18

      (xi) Warren, where the exemption shall not exceed five thousand five hundred dollars

19

($5,500) on motor vehicles, or nine thousand five hundred eighty-four dollars ($9,584) on real

20

property.

21

      (xii) Westerly, where the town council may, by ordinance, provide an exemption of the

22

total value of the veterans' real and personal property to a maximum of forty thousand five

23

hundred dollars ($40,500);

24

      (xiii) Barrington, where the town council may, by ordinance, provide for an exemption

25

of six thousand dollars ($6,000) for real property;

26

      (xiv) Exeter, where the exemption is five thousand dollars ($5,000); and

27

      (xv) Glocester, where the exemption shall not exceed thirty thousand dollars ($30,000).

28

      (xvi) West Warwick, where the exemption shall be equal to one hundred seventy dollars

29

($170); and

30

      (xvii) Warwick, where the city council may, by ordinance, provide for an exemption of a

31

maximum of four thousand dollars ($4,000).

32

      (2) The exemption is applied to the property in the municipality where the person resides

33

and if there is not sufficient property to exhaust the exemption, the person may claim the balance

34

in any other city or town where the person may own property; provided, that the exemption is not

 

LC005299 - Page 2 of 7

1

allowed in favor of any person who is not a legal resident of the state, or unless the person

2

entitled to the exemption has presented to the assessors, on or before the last day on which sworn

3

statements may be filed with the assessors for the year for which exemption is claimed, evidence

4

that he or she is entitled, which evidence shall stand so long as his or her legal residence remains

5

unchanged; provided, however, that in the town of South Kingstown, the person entitled to the

6

exemption shall present to the assessors, at least five (5) days prior to the certification of the tax

7

roll, evidence that he or she is entitled to the exemption; and, provided, further, that the

8

exemption provided for in this subdivision to the extent that it applies in any city or town shall be

9

applied in full to the total value of the person's real and tangible personal property located in the

10

city or town; and, provided, that there is an additional exemption from taxation in the amount of

11

one thousand dollars ($1,000), except in:

12

      (i) Central Falls, where the city council may, by ordinance, provide for an exemption of

13

a maximum of seven thousand five hundred dollars ($7,500);

14

      (ii) Cranston, where the exemption shall not exceed three thousand dollars ($3,000);

15

      (iii) Cumberland, where the town council may, by ordinance, provide for an exemption

16

of a maximum of twenty-two thousand five hundred dollars ($22,500);

17

      (iv) Lincoln, where the exemption shall not exceed ten thousand dollars ($10,000);

18

      (v) Newport, where the exemption is four thousand dollars ($4,000);

19

      (vi) New Shoreham, where the town council may, by ordinance, provide for an

20

exemption of a maximum of thirty-six thousand four hundred fifty dollars ($36,450);

21

      (vii) North Providence, where the town council may, by ordinance, provide for an

22

exemption of a maximum of five thousand dollars ($5,000);

23

      (viii) Smithfield, where the exemption is four thousand dollars ($4,000);

24

      (ix) Warren, where the exemption shall not exceed eleven thousand dollars ($11,000);

25

and

26

      (x) Barrington, where the town council may, by ordinance, provide for an exemption of

27

six thousand dollars ($6,000) for real property; of the property of every honorably discharged

28

veteran of World War I or World War II, Korean or Vietnam, Grenada or Lebanon conflicts, the

29

Persian Gulf conflict, the Haitian conflict, the Somalian conflict and the Bosnian conflict at any

30

time during the period beginning August 2, 1990 and ending May 1, 1994, or in any conflict or

31

undeclared war for which a campaign ribbon or expeditionary medal was earned, who is

32

determined by the Veterans Administration of the United States of America to be totally disabled

33

through service connected disability and who presents to the assessors a certificate from the

34

veterans administration that the person is totally disabled, which certificate remains effectual so

 

LC005299 - Page 3 of 7

1

long as the total disability continues.

2

      (3) Provided, that:

3

      (i) Burrillville may exempt real property of the totally disabled persons in the amount of

4

six thousand dollars ($6,000);

5

      (ii) Cumberland town council may, by ordinance, provide for an exemption of a

6

maximum of twenty-two thousand five hundred dollars ($22,500);

7

      (iii) Little Compton may, by ordinance, exempt real property of each of the totally

8

disabled persons in the amount of six thousand dollars ($6,000);

9

      (iv) Middletown may exempt the real property of each of the totally disabled persons in

10

the amount of five thousand dollars ($5,000);

11

      (v) New Shoreham town council may, by ordinance, provide for an exemption of a

12

maximum of thirty-six thousand four hundred fifty dollars ($36,450);

13

      (vi) North Providence town council may, by ordinance, provide for an exemption of a

14

maximum of five thousand dollars ($5,000);

15

      (vii) Tiverton town council may, by ordinance, exempt real property of each of the

16

totally disabled persons in the amount of five thousand dollars ($5,000), subject to voters'

17

approval at the financial town meeting;

18

      (viii) West Warwick town council may exempt the real property of each of the totally

19

disabled persons in an amount of two hundred dollars ($200); and

20

      (ix) Westerly town council may, by ordinance, provide for an exemption on the total

21

value of real and personal property to a maximum of forty-six thousand five hundred dollars

22

($46,500).

23

      (4) There is an additional exemption from taxation in the town of:

24

      Warren, where its town council may, by ordinance, provide for an exemption not

25

exceeding eight thousand two hundred fifty dollars ($8,250), of the property of every honorably

26

discharged veteran of World War I or World War II, or Vietnam, Grenada or Lebanon conflicts,

27

the Persian Gulf conflict, the Haitian conflict, the Somalian conflict and the Bosnian conflict, at

28

any time during the period beginning August 2, 1990 and ending May 1, 1994, or in any conflict

29

or undeclared war for which a campaign ribbon or expeditionary medal was earned, who is

30

determined by the Veterans' Administration of the United States of America to be partially

31

disabled through a service connected disability and who presents to the assessors a certificate that

32

he is partially disabled, which certificate remains effectual so long as the partial disability

33

continues. Provided, however, that the Barrington town council may exempt real property of each

34

of the above named persons in the amount of three thousand dollars ($3,000); Warwick city

 

LC005299 - Page 4 of 7

1

council may, by ordinance, exempt real property of each of the above named persons and to any

2

person who served in any capacity in the military or naval service during the period of time of the

3

Persian Gulf conflict, whether or not the person served in the geographical location of the

4

conflict, in the amount of four thousand dollars ($4,000).

5

      (5) Lincoln. There is an additional exemption from taxation in the town of Lincoln for

6

the property of each person who actually served in the military or naval service of the United

7

States in the Persian Gulf conflict and who was honorably discharged from the service, or who

8

was discharged under conditions other than dishonorable, or who, if not discharged, served

9

honorably, or of the unmarried widow or widower of that person. The exemption shall be

10

determined by the town council in an amount not to exceed ten thousand dollars ($10,000).

11

      (b) In addition to the exemption provided in subsection (a) of this section, there is a ten-

12

thousand dollar ($10,000) exemption from local taxation on real property for any veteran and the

13

unmarried widow or widower of a deceased veteran of the military or naval service of the United

14

States who is determined, under applicable federal law by the Veterans Administration of the

15

United States, to be totally disabled through service connected disability and who by reason of the

16

disability has received assistance in acquiring "specially adopted housing" under laws

17

administered by the veterans' administration; provided, that the real estate is occupied as his or

18

her domicile, by the person; and, provided, that if the property is designed for occupancy by more

19

than one family then only that value of so much of the house as is occupied by the person as his

20

or her domicile is exempted; and, provided, that satisfactory evidence of receipt of the assistance

21

is furnished to the assessors except in:

22

      (1) Cranston, where the exemption shall not exceed thirty thousand dollars ($30,000);

23

      (2) Cumberland, where the town council may provide for an exemption not to exceed

24

seven thousand five hundred dollars ($7,500);

25

      (3) Newport, where the exemption is ten thousand dollars ($10,000) or ten percent (10%)

26

of assessed valuation, whichever is greater;

27

      (4) New Shoreham, where the town council may, by ordinance, provide for an

28

exemption of a maximum of thirty-six thousand four hundred fifty dollars ($36,450);

29

      (5) North Providence, where the town council may, by ordinance, provide for an

30

exemption not to exceed twelve thousand five hundred dollars ($12,500);

31

      (6) Westerly, where the town council may, by ordinance, provide for an exemption of a

32

maximum of forty thousand five hundred dollars ($40,500); and

33

      (7) Lincoln, where the town council may, by ordinance, provide for an exemption of a

34

maximum of fifteen thousand dollars ($15,000).

 

LC005299 - Page 5 of 7

1

      (c) In addition to the previously provided exemptions, any veteran of the military or

2

naval service of the United States who is determined, under applicable federal law by the

3

Veterans' Administration of the United States to be totally disabled through service connected

4

disability may, by ordinance, passed in the city or town where the veteran's property is assessed

5

receive a ten thousand dollar ($10,000) exemption from local taxation on his or her property

6

whether real or personal and if the veteran owns real property may be exempt from taxation by

7

any fire and/or lighting district; provided, that in the town of: North Kingstown, where the

8

amount of the exemption shall be eleven thousand dollars ($11,000) commencing with the

9

December 31, 2002 assessment, and for the town of Westerly where the amount of the exemption

10

shall be thirty-nine thousand dollars ($39,000) commencing with the December 31, 2005

11

assessment, and in the town of Cumberland, where the amount of the exemption shall not exceed

12

forty-seven thousand five hundred forty-four dollars ($47,544).

13

      (d) In determining whether or not a person is the widow or widower of a veteran for the

14

purposes of this section, the remarriage of the widow or widower shall not bar the furnishing of

15

the benefits of the section if the remarriage is void, has been terminated by death, or has been

16

annulled or dissolved by a court of competent jurisdiction.

17

      (e) In addition to the previously provided exemptions, there may by ordinance passed in

18

the city or town where the person's property is assessed be an additional fifteen thousand dollars

19

($15,000) exemption from local taxation on real and personal property for any veteran of military

20

or naval service of the United States or the unmarried widow or widower of person who has been

21

or shall be classified as, or determined to be, a prisoner of war by the Veterans' Administration of

22

the United States, except in:

23

      Westerly, where the town council may, by ordinance, provide for an exemption of a

24

maximum of sixty-eight thousand dollars ($68,000).

25

      Cumberland, where the town council may by ordinance provide for an exemption of a

26

maximum of forty-seven thousand five hundred forty-four dollars ($47,544).

27

      (f) Cities and towns granting exemptions under this section shall use the eligibility dates

28

specified in this section.

29

      (g) The several cities and towns not previously authorized to provide an exemption for

30

those veterans who actually served in the Persian Gulf conflict may provide that exemption in the

31

amount authorized in this section for veterans of other recognized conflicts.

32

      (h) Bristol. The town council of Bristol may, by ordinance, provide for an exemption for

33

any veteran and the unmarried widow or widower of a deceased veteran of military or naval

34

service of the United States who is determined, under applicable federal law by the Veterans'

 

LC005299 - Page 6 of 7

1

Administration of the United States to be partially disabled through service connected disability.

2

      (i) In addition to the previously provided exemption, any veteran who is discharged from

3

the military or naval service of the United States under conditions other than dishonorable, or an

4

officer who is honorably separated from military or naval service, who is determined, under

5

applicable federal law by the Veterans Administration of the United States to be totally and

6

permanently disabled through a service connected disability, who owns a specially adapted

7

homestead, which has been acquired or modified with the assistance of a special adaptive housing

8

grant from the Veteran's Administration and that meets Veteran's Administration and Americans

9

with disability act guidelines from adaptive housing or which has been acquired or modified,

10

using proceeds from the sale of any previous homestead, which was acquired with the assistance

11

of a special adaptive housing grant from the veteran's administration, the person or the person's

12

surviving spouse is exempt from all taxation on the homestead. Provided, that in the town of

13

Westerly where the amount of the above referenced exemption shall be forty-six thousand five

14

hundred dollars ($46,500).

15

      (j) The town of Coventry may provide by ordinance a one thousand dollars ($1,000)

16

exemption for any person who is an active member of the armed forces of the United States.

17

     SECTION 2. This act shall take effect upon passage.

========

LC005299

========

 

LC005299 - Page 7 of 7

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TAXATION

***

1

     This act would increase the tax exemption for a war veteran in the Town of Smithfield

2

from four thousand dollars ($4,000) to ten thousand dollars ($10,000).

3

     This act would take effect upon passage.

========

LC005299

========

 

LC005299 - Page 8 of 7