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art.011/3/011/2 | ||
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1 | ARTICLE 11 AS AMENDED | |
2 | RELATING TO TAXATION -- EXCISE ON MOTOR VEHICLES AND TRAILERS | |
3 | SECTION 1. Sections 44-5-2 and 44-5-22 of the General Laws in Chapter 44-5 entitled | |
4 | "Levy and Assessment of Local Taxes" are hereby amended to read as follows: | |
5 | 44-5-2. Maximum levy. | |
6 | (a) Through and including its fiscal year 2007, a city or town may levy a tax in an amount | |
7 | not more than five and one-half percent (5.5%) in excess of the amount levied and certified by that | |
8 | city or town for the prior year. Through and including its fiscal year 2007, but in no fiscal year | |
9 | thereafter, the amount levied by a city or town is deemed to be consistent with the five and one- | |
10 | half percent (5.5%) levy growth cap if the tax rate is not more than one hundred and five and one- | |
11 | half percent (105.5%) of the prior year's tax rate and the budget resolution or ordinance, as | |
12 | applicable, specifies that the tax rate is not increasing by more than five and one-half percent (5.5%) | |
13 | except as specified in subsection (c) of this section. In all years when a revaluation or update is not | |
14 | being implemented, a tax rate is deemed to be one hundred five and one-half percent (105.5%) or | |
15 | less of the prior year's tax rate if the tax on a parcel of real property, the value of which is unchanged | |
16 | for purpose of taxation, is no more than one hundred five and one-half percent (105.5%) of the | |
17 | prior year's tax on the same parcel of real property. In any year through and including fiscal year | |
18 | 2007 when a revaluation or update is being implemented, the tax rate is deemed to be one hundred | |
19 | five and one-half percent (105.5%) of the prior year's tax rate as certified by the division of property | |
20 | valuation and municipal finance in the department of revenue. | |
21 | (b) In its fiscal year 2008, a city or town may levy a tax in an amount not more than five | |
22 | and one-quarter percent (5.25%) in excess of the total amount levied and certified by that city or | |
23 | town for its fiscal year 2007. In its fiscal year 2009, a city or town may levy a tax in an amount not | |
24 | more than five percent (5%) in excess of the total amount levied and certified by that city or town | |
25 | for its fiscal year 2008. In its fiscal year 2010, a city or town may levy a tax in an amount not more | |
26 | than four and three-quarters percent (4.75%) in excess of the total amount levied and certified by | |
27 | that city or town in its fiscal year 2009. In its fiscal year 2011, a city or town may levy a tax in an | |
28 | amount not more than four and one-half percent (4.5%) in excess of the total amount levied and | |
29 | certified by that city or town in its fiscal year 2010. In its fiscal year 2012, a city or town may levy | |
30 | a tax in an amount not more than four and one-quarter percent (4.25%) in excess of the total amount | |
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1 | levied and certified by that city or town in its fiscal year 2011. In its fiscal year 2013 and in each | |
2 | fiscal year thereafter, a city or town may levy a tax in an amount not more than four percent (4%) | |
3 | in excess of the total amount levied and certified by that city or town for its previous fiscal year. | |
4 | For purposes of this levy calculation, taxes levied pursuant to chapters 34 and 34.1 of this title shall | |
5 | not be included. For FY 2018, in the event that a city or town, solely as a result of the exclusion of | |
6 | the motor vehicle tax in the new levy calculation, exceeds the property tax cap when compared to | |
7 | FY 2017 after taking into account that there was a motor vehicle tax in FY 2017, said city or town | |
8 | shall be permitted to exceed the property tax cap for the FY 2018 transition year, but in no event | |
9 | shall it exceed the four percent (4%) levy cap growth with the car tax portion included; provided, | |
10 | however, nothing herein shall prohibit a city or town from exceeding the property tax cap if | |
11 | otherwise permitted pursuant to subsection (d) of this section. | |
12 | (c) The division of property valuation in the department of revenue shall monitor city and | |
13 | town compliance with this levy cap, issue periodic reports to the general assembly on compliance, | |
14 | and make recommendations on the continuation or modification of the levy cap on or before | |
15 | December 31, 1987, December 31, 1990, and December 31, every third year thereafter. The chief | |
16 | elected official in each city and town shall provide to the division of property and municipal finance | |
17 | within thirty (30) days of final action, in the form required, the adopted tax levy and rate and other | |
18 | pertinent information. | |
19 | (d) The amount levied by a city or town may exceed the percentage increase as specified | |
20 | in subsection (a) or (b) of this section if the city or town qualifies under one or more of the following | |
21 | provisions: | |
22 | (1) The city or town forecasts or experiences a loss in total non-property tax revenues and | |
23 | the loss is certified by the department of revenue. | |
24 | (2) The city or town experiences or anticipates an emergency situation, which causes or | |
25 | will cause the levy to exceed the percentage increase as specified in subsection (a) or (b) of this | |
26 | section. In the event of an emergency or an anticipated emergency, the city or town shall notify the | |
27 | auditor general who shall certify the existence or anticipated existence of the emergency. Without | |
28 | limiting the generality of the foregoing, an emergency shall be deemed to exist when the city or | |
29 | town experiences or anticipates health insurance costs, retirement contributions or utility | |
30 | expenditures which exceed the prior fiscal year's health insurance costs, retirement contributions | |
31 | or utility expenditures by a percentage greater than three (3) times the percentage increase as | |
32 | specified in subsection (a) or (b) of this section. | |
33 | (3) A city or town forecasts or experiences debt services expenditures which exceed the | |
34 | prior year's debt service expenditures by an amount greater than the percentage increase as specified | |
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1 | in subsection (a) or (b) of this section and which are the result of bonded debt issued in a manner | |
2 | consistent with general law or a special act. In the event of the debt service increase, the city or | |
3 | town shall notify the department of revenue which shall certify the debt service increase above the | |
4 | percentage increase as specified in subsection (a) or (b) of this section the prior year's debt service. | |
5 | No action approving or disapproving exceeding a levy cap under the provisions of this section | |
6 | affects the requirement to pay obligations as described in subsection (d) of this section. | |
7 | (4) The city or town experiences substantial growth in its tax base as the result of major | |
8 | new construction which necessitates either significant infrastructure or school housing expenditures | |
9 | by the city or town or a significant increase in the need for essential municipal services and such | |
10 | increase in expenditures or demand for services is certified by the department of revenue. | |
11 | (e) Any levy pursuant to subsection (d) of this section in excess of the percentage increase | |
12 | specified in subsection (a) or (b) of this section shall be approved by the affirmative vote of at least | |
13 | four-fifths (4/5) of the full membership of the governing body of the city or town or in the case of | |
14 | a city or town having a financial town meeting, the majority of the electors present and voting at | |
15 | the town financial meeting shall also approve the excess levy. | |
16 | (f) Nothing contained in this section constrains the payment of present or future obligations | |
17 | as prescribed by § 45-12-1, and all taxable property in each city or town is subject to taxation | |
18 | without limitation as to rate or amount to pay general obligation bonds or notes of the city or town | |
19 | except as otherwise specifically provided by law or charter. | |
20 | 44-5-22. Certification of tax roll. | |
21 | The tax levy shall be applied to the assessment roll and the resulting tax roll certified by | |
22 | the assessors to the city or town clerk, city or town treasurer, or tax collector, as the case may be, | |
23 | and to the department of revenue division of municipal finance, not later than the next succeeding | |
24 | August 15. For assessment date December 31, 2016, all certified tax rolls submitted to the city or | |
25 | town clerk, city or town treasurer, or tax collector, as the case may be, and to the department of | |
26 | revenue division of municipal finance shall be calculated in a manner that is consistent with any | |
27 | 2017 amendments to the motor vehicle excise tax laws not later than August 31, 2017. For | |
28 | assessment date December 31, 2016, in the event that a city, town or fire district has certified tax | |
29 | rolls to the city or town clerk, city or town treasurer, or tax collector, as the case may be, and to the | |
30 | department of revenue division of municipal finance prior to the enactment of any amendment to | |
31 | the motor vehicle excise tax laws in 2017, said city, town or fire district shall submit to the city or | |
32 | town clerk, city or town treasurer or tax collector, as the case may be, and to the department of | |
33 | revenue division of municipal finance an amended certified tax roll the calculation of which is | |
34 | consistent with any amendments to the motor vehicle tax laws in 2017 not later than September 15, | |
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1 | 2017. In the case of a fire district, the tax levy shall be applied to the assessment roll and the | |
2 | resulting tax roll certified by such fire district's tax assessor, treasurer, or other appropriate fire | |
3 | district official to the town clerk, town treasurer, tax assessor or tax collector, as the case may be, | |
4 | and to the department of revenue, division of municipal finance, not later than thirty (30) business | |
5 | days prior to its annual meeting. | |
6 | SECTION 2. Sections 44-34-2 and 44-34-11 of the General Laws in Chapter 44-34 entitled | |
7 | "Excise on Motor Vehicles and Trailers" are hereby amended to read as follows: | |
8 | 44-34-2. Assessment -- Valuation -- Proration -- Abatement and cancellation -- | |
9 | Exemptions from tax. | |
10 | (a) Except as provided in this section, the tax assessors of each city and town shall assess | |
11 | and levy in each calendar year on every vehicle and trailer registered under chapter 3 of title 31, | |
12 | for the privilege of the registration, an excise measured by its value, as subsequently defined and | |
13 | determined. For the purpose of this excise, the uniform value of each vehicle shall be determined | |
14 | in accordance with the regulations of the vehicle value commission. Any vehicle which is more | |
15 | than twenty-five (25) fifteen (15) years old, whether or not the vehicle is an antique motor car as | |
16 | defined in § 31-1-3(a), shall be deemed to possess an average retail value of five hundred dollars | |
17 | ($500). Any vehicle more than twenty-five (25) years old on June 16, 1987, whether or not the | |
18 | vehicle is an antique motor car as defined in § 31-1-3(a), shall be deemed to have an average retail | |
19 | value of five hundred dollars ($500) or its actual retail value whichever is less. The minimum excise | |
20 | tax on any vehicle, if registered to the same owner for a full year or portion of the year, shall not | |
21 | be less than five dollars ($5.00) unless the registration is transferred to one or more additional | |
22 | vehicles or trailers, in which case the minimum or combined excise taxes shall not be less than five | |
23 | dollars ($5.00). Beginning in fiscal year 2001, the assessor may, but is not required to, issue | |
24 | minimum tax bills as authorized by this section or any general or public law. Beginning in fiscal | |
25 | year 2002 and thereafter, the assessor shall not issue minimum tax bills, notwithstanding any | |
26 | general or public law to the contrary. The assessor may waive the excise tax on any vehicle where | |
27 | the annual levy would be less than five dollars ($5.00). The state shall not provide reimbursement | |
28 | for any waiver. | |
29 | (b) Vehicle and trailer excises shall be prorated over the calendar year prior to the year in | |
30 | which the excises are levied and billed, that year being referred to as the calendar year of proration. | |
31 | (c) The excise levy on every vehicle and trailer registered under chapter 3 of title 31 shall | |
32 | be based on the ratio that the number of days the vehicle or trailer is registered is to the number of | |
33 | days in the calendar year of proration. | |
34 | (d) If during the calendar year of proration, the owner of a vehicle or trailer subject to the | |
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1 | excise moves permanently with his or her vehicle to another state and cancels his or her registration | |
2 | in this state and returns the registration plates, the vehicle shall be exempt from excise for the | |
3 | ensuing year. | |
4 | (e) "Year of manufacture" as used in this section means the year used by the manufacturer | |
5 | of the vehicle or trailer in connection with the designation by the manufacturer of the model of the | |
6 | vehicle or trailer. Where the presumptive price of a vehicle or trailer is not readily obtainable, or | |
7 | special equipment is installed on the vehicle or trailer, the tax assessor shall prescribe the retail | |
8 | price to be used or the manner in which the retail price shall be determined. In making the | |
9 | determination of the presumptive price, the tax assessor shall determine the retail price of the | |
10 | vehicle and then apply the percentage corresponding with the appropriate fiscal year as specified | |
11 | in §44-34-11(c)(1)(iii). | |
12 | (f) Nothing in this section shall be construed to prevent any city or town council from | |
13 | granting an abatement, in whole or in part, when there is an error in the assessment of a tax, and | |
14 | the tax assessors have certified to the fact, in writing, to the city or town council to cancel taxes | |
15 | stating the nature of the error, the valuation of the vehicle or trailer, the amount of the assessed tax | |
16 | and the name of the person to whom the vehicle or trailer was taxed. | |
17 | (g) The city or town council may cancel, in whole or in part, an excise tax assessed to a | |
18 | person who has died leaving no estate, or a person who has moved from the state, and the tax | |
19 | collector or person acting in the capacity of tax collector certifies to the city or town council the | |
20 | facts of the case. | |
21 | (h) The excise imposed by this section shall not apply to vehicles or trailers owned by the | |
22 | state of Rhode Island or any of its political subdivisions, or to vehicles or trailers owned by a | |
23 | corporation, association or other organization whose tangible personal property is exempt under § | |
24 | 44-3-3(1) -- (15), or to vehicles assessed and taxed under § 44-13-13, or those owned by the United | |
25 | States government. Farm vehicles shall be exempt to the extent prescribed in § 44-5-42. | |
26 | 44-34-11. Rhode Island vehicle value commission. | |
27 | (a) There is hereby authorized, created, and established the "Rhode Island vehicle value | |
28 | commission" whose function it is to establish presumptive values of vehicles and trailers subject to | |
29 | the excise tax. | |
30 | (b) The commission shall consist of the following seven (7) members as follows: | |
31 | (1) The director of the department of revenue or his/her designee from the department of | |
32 | revenue; | |
33 | (2) Five (5) local tax officials named by the governor, at least one of whom shall be from | |
34 | a city or town under ten thousand (10,000) population and at least one of whom is from a city or | |
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1 | town over fifty thousand (50,000) population in making these appointments the governor shall give | |
2 | due consideration to the recommendations submitted by the President of the Rhode Island League | |
3 | of Cities and Towns and each appointment shall be subject to the advice and consent of the senate; | |
4 | (3) And one motor vehicle dealer appointed by the governor upon giving due consideration | |
5 | to the recommendation of the director of revenue and subject to the advice and consent of the | |
6 | senate. | |
7 | (4) All members shall serve for a term of three (3) years. | |
8 | (5) Current legislative appointees shall cease to be members of the commission upon the | |
9 | effective date of this act. Non-legislative appointees to the commission may serve out their terms | |
10 | whereupon their successors shall be appointed in accordance with this act. No one shall be eligible | |
11 | for appointment to the commission unless he or she is a resident of this state. | |
12 | (6) Public members of the commission shall be removable by the governor pursuant to § | |
13 | 36-1-7 for cause only, and removal solely for partisan or personal reasons unrelated to capacity or | |
14 | fitness for the office shall be unlawful. | |
15 | (7) The governor shall appoint a chairperson from the commission's members. The | |
16 | commission shall elect from among its members other officers as it may deem appropriate. | |
17 | (c) The commission shall annually determine the presumptive values of vehicles and | |
18 | trailers subject to the excise tax in the following manner: | |
19 | (1) Not earlier than September 30 and not later than December 31 of each year, the | |
20 | commission shall by rule adopt a methodology for determining the presumptive value of vehicles | |
21 | and trailers subject to the excise tax which shall give consideration to the following factors: | |
22 | (i) The average retail price of similar vehicles of the same make, model, type, and year of | |
23 | manufacture as reported by motor vehicle dealers or by official used car guides, such as that of the | |
24 | National Automobile Dealers Association for New England. Where regional guides are not | |
25 | available, the commission shall use other publications deemed appropriate; and | |
26 | (ii) Other information concerning the average retail prices for make, model, type, and year | |
27 | of manufacture of motor vehicles as the director and the Rhode Island vehicle value commission | |
28 | may deem appropriate to determine fair values. | |
29 | (iii) Notwithstanding the foregoing, the presumptive value of vehicles and trailers subject | |
30 | to the excise tax shall not exceed the following percentage of clean retail value for those vehicles | |
31 | reported by the National Automobile Dealers Association Official Used Car Guide New England | |
32 | Edition: | |
33 | FISCAL YEAR PERCENTAGE | |
34 | 2018 95% | |
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1 | 2019 90% | |
2 | 2020 85% | |
3 | 2021 80% | |
4 | 2022 75% | |
5 | 2023 70% | |
6 | In the event that no such clean retail value is reported, the presumptive value shall not | |
7 | exceed the above percentages of the following: | |
8 | (A) Manufacturer's suggested retail price (MSRP) for new model year vehicles as reported | |
9 | by the National Automobile Dealers Association Guides; or | |
10 | (B) Average retail value for those vehicles reported by the National Automobile Dealers | |
11 | Association Official Used Car Guide National Edition and Motorcycle/Snowmobile/ATV/Personal | |
12 | Watercraft Appraisal Guide; or | |
13 | (C) Used retail value for those vehicles reported in the National Association of Automobile | |
14 | Dealers Recreational Vehicle Appraisal Guide; or | |
15 | (D) Low value for those vehicles reported in the National Automobile Dealers Association | |
16 | Classic, Collectible, Exotic and Muscle Car Appraisal Guide & Directory. | |
17 | (2) On or before February 1 of each year, it shall adopt a list of values for vehicles and | |
18 | trailers of the same make, model, type, and year of manufacture as of the preceding December 31 | |
19 | in accordance with the methodology adopted between September 30 and December 31; the list shall | |
20 | be subject to a public hearing at least five (5) business days prior to the date of its adoption. | |
21 | (3) Nothing in this section shall be deemed to require the commission to determine the | |
22 | presumptive value of vehicles and trailers which are unique, to which special equipment has been | |
23 | added or to which special modifications have been made, or for which adequate information is not | |
24 | available from the sources referenced in subdivision (1) of this subsection; provided, that the | |
25 | commission may consider those factors in its lists or regulations. | |
26 | (4) The commission shall annually provide the list of presumptive values of vehicles and | |
27 | trailers to each tax assessor on or before February 15 of each year. | |
28 | (d) The commission shall adopt rules governing its organization and the conduct of its | |
29 | business; prior to the adoption of the rules, the chair shall have the power to call meetings, and a | |
30 | simple majority of the members of the commission, as provided for in subsection (b) of this section, | |
31 | is necessary for a quorum, which quorum by majority vote shall have the power to conduct business | |
32 | in the name of the commission. The commission may adopt rules and elect from among its members | |
33 | such other officers as it deems necessary. | |
34 | (e) The commission shall have the power to contract for professional services that it deems | |
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1 | necessary for the development of the methodology for determining presumptive values, for | |
2 | calculating presumptive values according to the methodology, and for preparing the list of | |
3 | presumptive values in a form and format that is generally usable by cities and towns in their | |
4 | preparation of tax bills. The commission shall also have the power to incur reasonable expenses in | |
5 | the conduct of its business as required by this chapter and to authorize payments for the expenses. | |
6 | (f) Commission members shall receive no compensation for the performance of their duties | |
7 | but may be reimbursed for their reasonable expenses incurred in carrying out such duties. | |
8 | (g) The commission shall respond to petitions of appeal by local boards of review in | |
9 | accordance with the provisions of § 44-34-9. | |
10 | (h) The commission shall establish, by rule, procedures for adopting an annual budget and | |
11 | for administering its finances. After July 1, 1986, one-half (1/2) of the cost of the commission's | |
12 | operations shall be borne by the state and one-half (1/2) shall be borne by cities and towns within | |
13 | the state, with the city and town share distributed among cities and towns on a per capita basis. | |
14 | (i) Within ninety (90) days after the end of each fiscal year, the commission shall approve | |
15 | and submit an annual report to the governor, the speaker of the house of representatives, the | |
16 | president of the senate, and the secretary of state of its activities during that fiscal year. The report | |
17 | shall provide: an operating statement summarizing meetings or hearings held, meeting minutes if | |
18 | requested, subjects addressed, decisions rendered, rules or regulations promulgated, studies | |
19 | conducted, policies and plans developed, approved, or modified, and programs administered or | |
20 | initiated; a consolidated financial statement of all funds received and expended including the source | |
21 | of the funds, a listing of any staff supported by these funds, and a summary of any clerical, | |
22 | administrative or technical support received; a summary of performance during the previous fiscal | |
23 | year including accomplishments, shortcomings and remedies; a synopsis of hearings, complaints, | |
24 | suspensions, or other legal matters related to the authority of the commission; a summary of any | |
25 | training courses held pursuant to this subsection, a briefing on anticipated activities in the upcoming | |
26 | fiscal year; and findings and recommendations for improvements. The report shall be posted | |
27 | electronically on the general assembly and the secretary of state's websites as prescribed in § 42- | |
28 | 20-8.2. The director of the department of revenue shall be responsible for the enforcement of this | |
29 | provision. | |
30 | SECTION 3. Sections 44-34.1-1 and 44-34.1-2 of the General Laws in Chapter 44-34.1 | |
31 | entitled "Motor Vehicle and Trailer Excise Tax Elimination Act of 1998" are hereby amended to | |
32 | read as follows: | |
33 | 44-34.1-1. Excise tax phase-out. | |
34 | (a)(1) Notwithstanding the provisions of chapter 34 of this title or any other provisions to | |
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1 | the contrary, the motor vehicle and trailer excise tax established by § 44-34-1 may be phased out. | |
2 | The phase-out shall apply to all motor vehicles and trailers, including leased vehicles. | |
3 | (2) Lessors of vehicles that pay excise taxes directly to municipalities shall provide lessees, | |
4 | at the time of entering into the lease agreement, an estimate of annual excise taxes payable | |
5 | throughout the term of the lease. In the event the actual excise tax is less than the estimated excise | |
6 | tax, the lessor shall annually rebate to the lessee the difference between the actual excise tax and | |
7 | the estimated excise tax. | |
8 | (b) Pursuant to the provisions of this section, all motor vehicles shall be assessed a value | |
9 | by the vehicle value commission. That value shall be assessed according to the provisions of § 44- | |
10 | 34-11(c)(1) and in accordance with the terms as defined in subsection (d) of this section; provided, | |
11 | however, that the maximum taxable value percentage applicable to model year values as of | |
12 | December 31, 1997, shall continue to be applicable in future year valuations aged by one year in | |
13 | each succeeding year. | |
14 | (c)(1) The motor vehicle excise tax phase-out shall commence with the excise tax bills | |
15 | mailed to taxpayers for the fiscal year 2000. The phase-out, beyond fiscal year 2003, shall be | |
16 | subject to annual review and appropriation by the general assembly. The tax assessors of the various | |
17 | cities and towns and fire districts shall reduce the average retail value of each vehicle assessed by | |
18 | using the prorated exemptions from the following table: | |
19 | Local Fiscal Year Exempt from value Local Exemption State fiscal year Reimbursement | |
20 | fiscal year 1999 0 $1,500 | |
21 | fiscal year 2000 $1,500 $2,500 | |
22 | fiscal year 2001 $2,500 $3,500 | |
23 | fiscal year 2002 $3,500 $4,500 | |
24 | fiscal years 2003, 2004 and 2005 $4,500 $4,500 | |
25 | for fiscal year 2006 and $5,000 $5,000 | |
26 | for fiscal year 2007 $6,000 $6,000 | |
27 | for fiscal years 2008, 2009 and 2010 the exemption and the state fiscal year reimbursement | |
28 | shall be increased, at a minimum, to the maximum amount to the nearest two hundred and fifty | |
29 | dollar ($250) increment within the allocation of one and twenty-two hundredths percent (l.22%) of | |
30 | net terminal income derived from video lottery games pursuant to the provisions of § 42-61-15, | |
31 | and in no event shall the exemption in any fiscal year be less than the prior fiscal year. | |
32 | for (i) For fiscal year 2011 and thereafter through fiscal year 2017, the exemption shall be | |
33 | five hundred dollars ($500). Cities and towns may provide an additional exemption; provided, | |
34 | however, any such additional exemption shall not be subject to reimbursement. | |
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1 | (ii) For fiscal year 2018, cities, towns, and fire districts shall provide an exemption equal | |
2 | to the greater of one thousand dollars ($1,000) or the exemption in effect in fiscal year 2017. | |
3 | (iii) For fiscal year 2019, cities, towns, and fire districts shall provide an exemption equal | |
4 | to the greater of two thousand dollars ($2,000) or the exemption in effect in fiscal year 2017. | |
5 | (iv) For fiscal year 2020, cities, towns, and fire districts shall provide an exemption equal | |
6 | to the greater of three thousand dollars ($3,000) or the exemption in effect in fiscal year 2017. | |
7 | (v) For fiscal year 2021, cities, towns, and fire districts shall provide an exemption equal | |
8 | to the greater of four thousand dollars ($4,000) or the exemption in effect in fiscal year 2017. | |
9 | (vi) For fiscal year 2022, cities, towns, and fire districts shall provide an exemption equal | |
10 | to the greater of five thousand dollars ($5,000) or the exemption in effect in fiscal year 2017. | |
11 | (vii) For fiscal year 2023, cities, towns, and fire districts shall provide an exemption equal | |
12 | to the greater of six thousand dollars ($6,000) or the exemption in effect in fiscal year 2017. | |
13 | (viii) For fiscal year 2024 and thereafter, no tax shall be levied. | |
14 | (2) The excise tax phase-out shall provide levels of assessed value reductions until the tax | |
15 | is eliminated or reduced as provided in this chapter. | |
16 | (3) Current exemptions shall remain in effect as provided in this chapter. | |
17 | (4) The excise tax rates and ratios of assessment shall be maintained at a level identical to | |
18 | the level in effect for fiscal year 1998 for each city, town, and fire district; provided, in the town of | |
19 | Johnston the excise tax rate and ratios of assessment shall be maintained at a level identical to the | |
20 | level in effect for fiscal year 1999 levels and the levy of a city, town, or fire district shall be limited | |
21 | to the lesser of the maximum taxable value or net assessed value for purposes of collecting the tax | |
22 | in any given year. Provided, however, for fiscal year 2011 and thereafter through fiscal year 2017, | |
23 | the rates and ratios of assessment may be less than but not more than the rates described in this | |
24 | subsection (4). | |
25 | (5) For fiscal year 2018 and thereafter, the excise tax rate applied by a city, town, or fire | |
26 | district, shall not exceed the rate in effect in fiscal year 2017 and shall not exceed the rate set forth | |
27 | below: | |
28 | Fiscal Year Tax Rate (Per $1,000 of Value) | |
29 | 2018 $60.00 | |
30 | 2019 $50.00 | |
31 | 2020 $35.00 | |
32 | 2021 $35.00 | |
33 | 2022 $30.00 | |
34 | 2023 $20.00 | |
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1 | (6) In no event shall a taxpayer be billed more than the prior year for a vehicle owned up | |
2 | to the same number of days unless an increased bill is the result of no longer being eligible for a | |
3 | local tax exemption. | |
4 | (d) Definitions. | |
5 | (1) "Maximum taxable value" means the value of vehicles as prescribed by § 44-34-11 | |
6 | reduced by the percentage of assessed value applicable to model year values as determined by the | |
7 | Rhode Island vehicle value commission as of December 31, 1997, for the vehicles valued by the | |
8 | commission as of December 31, 1997. For all vehicle value types not valued by the Rhode Island | |
9 | vehicle value commission as of December 31, 1997, the maximum taxable value shall be the latest | |
10 | value determined by a local assessor from an appropriate pricing guide, multiplied by the ratio of | |
11 | assessment used by that city, town, or fire district for a particular model year as of December 31, | |
12 | 1997. The maximum taxable value shall be determined in such a manner as to incorporate the | |
13 | application of the percentage corresponding with the appropriate fiscal year as specified in §44-34- | |
14 | 11(c)(1)(iii). | |
15 | (2) "Net assessed value" means the motor vehicle values as determined in accordance with | |
16 | § 44-34-11 less all personal exemptions allowed by cities, towns, fire districts, and the state of | |
17 | Rhode Island exemption value as provided for in § 44-34.1-1(c)(1). | |
18 | (e) If any provision of this chapter shall be held invalid by any court of competent | |
19 | jurisdiction, the remainder of this chapter and the applications of the provisions hereof shall not be | |
20 | effected thereby. | |
21 | 44-34.1-2. City and town and fire district reimbursement. | |
22 | (a) In fiscal years 2000 and thereafter, cities and towns and fire districts shall receive | |
23 | reimbursements, as set forth in this section, from state general revenues equal to the amount of lost | |
24 | tax revenue due to the phase out or reduction of the excise tax. Cities and towns and fire districts | |
25 | shall receive advance reimbursements through state fiscal year 2002. In the event the tax is phased | |
26 | out, cities and towns and fire districts shall receive a permanent distribution of sales tax revenue | |
27 | pursuant to § 44-18-18 in an amount equal to any lost revenue resulting from the excise tax | |
28 | elimination. Lost revenues must be determined using a base tax rate fixed at fiscal year 1998 levels | |
29 | for each city, town, and fire district, except that the Town of Johnston's base tax rate must be fixed | |
30 | at a fiscal year 1999 level. Provided, however, for fiscal year 2011 and thereafter, the base tax rate | |
31 | may be less than but not more than the rates described in this subsection (a). | |
32 | (b) (1) The director of administration shall determine the amount of general revenues to be | |
33 | distributed to each city and town and fire district for the fiscal years 1999 and thereafter so that | |
34 | every city and town and fire district is held harmless from tax loss resulting from this chapter, | |
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1 | assuming that tax rates are indexed to inflation through fiscal year 2003. | |
2 | (2) The director of administration shall index the tax rates for inflation by applying the | |
3 | annual change in the December Consumer Price Index -- All Urban Consumers (CPI-U), published | |
4 | by the Bureau of Labor Statistics of the United States Department of Labor, to the indexed tax rate | |
5 | used for the prior fiscal year calculation; provided, that for state reimbursements in fiscal years | |
6 | 2004 and thereafter, the indexed tax rate shall not be subject to further CPI-U adjustments. The | |
7 | director shall apply the following principles in determining reimbursements: | |
8 | (i) Exemptions granted by cities and towns and fire districts in the fiscal year 1998 must | |
9 | be applied to assessed values prior to applying the exemptions in § 44-34.1-1(c)(1). Cities and | |
10 | towns and fire districts will not be reimbursed for these exemptions. | |
11 | (ii) City, town, and fire districts shall be reimbursed by the state for revenue losses | |
12 | attributable to the exemptions provided for in § 44-34.1-1 and the inflation indexing of tax rates | |
13 | through fiscal 2003. Reimbursement for revenue losses shall be calculated based upon the | |
14 | difference between the maximum taxable value less personal exemptions and the net assessed | |
15 | value. | |
16 | (iii) Inflation reimbursements shall be the difference between: | |
17 | (A) The levy calculated at the tax rate used by each city and town and fire district for fiscal | |
18 | year 1998 after adjustments for personal exemptions but prior to adjustments for exemptions | |
19 | contained in § 44-34.1-1(c)(1); provided, that for the town of Johnston the tax rate used for fiscal | |
20 | year 1999 must be used for the calculation; and | |
21 | (B) The levy calculated by applying the appropriate cumulative inflation adjustment | |
22 | through state fiscal 2003 to the tax rate used by each city and town and fire district for fiscal year | |
23 | 1998; provided, that for the town of Johnston the tax rate used for fiscal year 1999 shall be used | |
24 | for the calculation after adjustments for personal exemptions but prior to adjustments for | |
25 | exemptions contained in § 44-34.1-1. | |
26 | (3) For fiscal year 2018 and thereafter, each city, town and fire district shall tax motor | |
27 | vehicles and trailers pursuant to chapter 34 of title 44 using the same motor vehicle and trailer | |
28 | excise tax calculation methodology that was employed for fiscal year 2017, where motor vehicle | |
29 | and trailer excise tax calculation methodology refers to the application of specific tax practices and | |
30 | the order of operations in the determination of the tax levied on any given motor vehicle and/or | |
31 | trailer. | |
32 | (4) Each city, town and fire district shall report to the department of revenue, as part of the | |
33 | submission of the certified tax levy pursuant to §44-5-22, the motor vehicle and trailer excise tax | |
34 | calculation methodology that was employed for fiscal year 2017. For fiscal year 2018 and | |
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1 | thereafter, the department of revenue is authorized to confirm that each city, town or fire district | |
2 | has used the same motor vehicle and trailer excise tax methodology as was used in fiscal year 2017 | |
3 | and the department of revenue shall have the final determination as to whether each city, town or | |
4 | fire district has in fact complied with this requirement. Should the department of revenue determine | |
5 | that a city, town or fire district has failed to cooperate or comply with the requirement in this | |
6 | section, the city, town or fire district's reimbursement for the items noted in §§44-34.1-2(c)(13)(i) | |
7 | through (c)(13)(iv) shall be withheld until such time as the department of revenue deems the city, | |
8 | town or fire district to be in compliance. | |
9 | (5) For purposes of reimbursement for the items noted in §§44-34.1-2(c)(13)(i) through | |
10 | (c)(13)(iv), the FY 2018 baseline from which the reimbursement amount shall be calculated is | |
11 | defined as the motor vehicle and trailer excise tax levy that would be generated by applying the | |
12 | fiscal year 2017 motor vehicle and trailer excise tax calculation methodology to the assessed value | |
13 | of motor vehicles and trailers as of fiscal year 2017. The amount of reimbursement that each city, | |
14 | town or fire district receives shall be the difference between the FY 2018 baseline and the certified | |
15 | motor vehicle and trailer excise tax levy as submitted by each city, town and fire district as | |
16 | confirmed by the department of revenue. The department of revenue shall determine the | |
17 | reimbursement amount for each city, town and fire district. | |
18 | (6) For fiscal year 2020 and thereafter, the department of revenue shall assess the feasibility | |
19 | of standardizing the motor vehicle and trailer excise tax calculation methodology across all cities, | |
20 | towns and fire departments. Based on this assessment, the department of revenue may make | |
21 | recommendations for changes to the motor vehicle and trailer excise tax calculation methodology | |
22 | as well as other provisions related to the taxation of motor vehicles and trailers. | |
23 | (c)(1) Funds shall be distributed to the cities and towns and fire districts as follows: | |
24 | (i) On October 20, 1998, and each October 20 thereafter through October 20, 2001, twenty- | |
25 | five percent (25%) of the amount calculated by the director of administration to be the difference | |
26 | for the upcoming fiscal year. | |
27 | (ii) On February 20, 1999, and each February 20 thereafter through February 20, 2002, | |
28 | twenty-five percent (25%) of the amount calculated by the director of administration to be the | |
29 | difference for the upcoming fiscal year. | |
30 | (iii) On June 20, 1999, and each June 20 thereafter through June 20, 2002, fifty percent | |
31 | (50%) of the amount calculated by the director of administration to be the difference for the | |
32 | upcoming fiscal year. | |
33 | (iv) On August 1, 2002, and each August 1 thereafter, twenty-five percent (25%) of the | |
34 | amount calculated by the director of administration to be the difference for the current fiscal year. | |
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1 | (v) On November 1, 2002, and each November 1 thereafter, twenty-five percent (25%) of | |
2 | the amount calculated by the director of administration to be the difference for the current fiscal | |
3 | year. | |
4 | (vi) On February 1, 2003, and each February 1 thereafter, twenty-five percent (25%) of the | |
5 | amount calculated by the director of administration to be the difference for the current fiscal year. | |
6 | (vii) On May 1, 2003, and each May 1 thereafter, except May 1, 2010, twenty-five percent | |
7 | (25%) of the amount calculated by the director of administration to be the difference for the current | |
8 | fiscal year. | |
9 | (viii) On June 15, 2010, twenty-five percent (25%) of the amount calculated by the director | |
10 | of administration to be the difference for the current fiscal year. | |
11 | Provided, however, the February and May payments, and June payment in 2010, shall be | |
12 | subject to submission of final certified and reconciled motor vehicle levy information. | |
13 | (2) Each city, town, or fire district shall submit final certified and reconciled motor vehicle | |
14 | levy information by August 30 of each year. Any adjustment to the estimated amounts paid in the | |
15 | previous fiscal year shall be included or deducted from the payment due November 1. | |
16 | (3) On any of the payment dates specified in paragraphs (1)(i) through (vii) of this | |
17 | subsection, the director is authorized to deduct previously made over-payments or add | |
18 | supplemental payments as may be required to bring the reimbursements into full compliance with | |
19 | the requirements of this chapter. | |
20 | (4) For the city of East Providence, the payment schedule is twenty-five percent (25%) on | |
21 | February 20, 1999, and each February 20 thereafter through February 20, 2002, twenty-five percent | |
22 | (25%) on June 20, 1999, and each June 20 thereafter through June 20, 2002, which includes final | |
23 | reconciliation of the previous year's payment, and fifty percent (50%) on October 20, 1999, and | |
24 | each October 20 thereafter through October 20, 2002. For local fiscal years 2003 and thereafter, | |
25 | the payment schedule is twenty-five percent (25%) on each November 1, twenty-five percent (25%) | |
26 | on each February 1, twenty-five percent (25%) on each May 1, which includes final reconciliation | |
27 | of the previous year's payment, and twenty-five percent (25%) on each August 1; provided, the | |
28 | May and August payments shall be subject to submission of final certified and reconciled motor | |
29 | vehicle levy information. | |
30 | (5) When the tax is phased out, funds distributed to the cities, towns, and fire districts for | |
31 | the following fiscal year shall be calculated as the funds distributed in the fiscal year of the phase- | |
32 | out. Twenty-five percent (25%) of the amounts calculated shall be distributed to the cities and | |
33 | towns and fire districts on August 1, in the fiscal year of the phase-out, twenty-five percent (25%) | |
34 | on the following November 1, twenty-five percent (25%) on the following February 1, and twenty- | |
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1 | five percent (25%) on the following May 1. The funds shall be distributed to each city and town | |
2 | and fire district in the same proportion as distributed in the fiscal year of the phase-out. | |
3 | (6) When the tax is phased out to August 1, of the following fiscal year the director of | |
4 | administration revenue shall calculate to the nearest tenth thousandth of one cent ($.001) | |
5 | ($0.00001) the number of cents of sales tax received for the fiscal year ending June 30, of the year | |
6 | following the phase-out equal to the amount of funds distributed to the cities, towns, and fire | |
7 | districts under this chapter during the fiscal year following the phase-out and the percent of the | |
8 | total funds distributed in the fiscal year following the phase-out received by each city, town, and | |
9 | fire district, calculated to the nearest one-hundredth of one percent (0.01%). The director of the | |
10 | department of administration revenue shall transmit those calculations to the governor, the speaker | |
11 | of the house, the president of the senate, the chairperson of the house finance committee, the | |
12 | chairperson of the senate finance committee, the house fiscal advisor, and the senate fiscal advisor. | |
13 | The number of cents, applied to the sales taxes received for the prior fiscal year, shall be the basis | |
14 | for determining the amount of sales tax to be distributed to the cities and towns and fire districts | |
15 | under this chapter for the second fiscal year following the phase-out and each year thereafter. The | |
16 | cities and towns and fire districts shall receive that amount of sales tax in the proportions calculated | |
17 | by the director of administration revenue as that received in the fiscal year following the phase-out. | |
18 | (7) When the tax is phased out, twenty-five percent (25%) of the funds shall be distributed | |
19 | to the cities, towns, and fire districts on August 1, of the following fiscal year and every August 1 | |
20 | thereafter; twenty-five percent (25%) shall be distributed on the following November 1, and every | |
21 | November 1 thereafter; twenty-five percent (25%) shall be distributed on the following February | |
22 | 1, and every February 1 thereafter; and twenty-five percent (25%) shall be distributed on the | |
23 | following May 1, and every May 1 thereafter. | |
24 | (8) For the city of East Providence, in the event the tax is phased out, twenty-five percent | |
25 | (25%) shall be distributed on November 1, of the following fiscal year and every November 1 | |
26 | thereafter, twenty-five percent (25%) shall be distributed on the following February 1, and every | |
27 | February 1 thereafter; twenty-five percent (25%) shall be distributed on the following May 1, and | |
28 | every May 1 thereafter; and twenty-five percent (25%) of the funds shall be distributed on the | |
29 | following August 1, and every August 1 thereafter. | |
30 | (9) As provided for in § 44-34-6, the authority of fire districts to tax motor vehicles is | |
31 | eliminated effective with the year 2000 tax roll and the state reimbursement for fire districts shall | |
32 | be based on the provisions of § 44-34-6. All references to fire districts in this chapter do not apply | |
33 | to the year 2001 tax roll and thereafter. | |
34 | (10) For reimbursements payable in the year ending June 30, 2008 and thereafter, the | |
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1 | director of administration shall discount the calculated value of the exemption to ninety-eight | |
2 | percent (98%) in order to establish a collection rate that is comparable to the collection rate | |
3 | achieved by municipalities in the levy of the motor vehicle excise tax. | |
4 | (11) For reimbursements payable in the year ending June 30, 2010, the director of | |
5 | administration shall reimburse cities and towns eighty-eight percent (88%) of the reimbursements | |
6 | payable pursuant to subdivision (c)(10) above. | |
7 | (12) For fiscal year 2011 and thereafter through to June 30, 2017, the state shall reimburse | |
8 | cities and towns for the exemption pursuant to subdivision subsection (c)(10) above, ratably | |
9 | reduced to the appropriation. | |
10 | (13) For fiscal year 2018 and thereafter, each city, town and fire district shall receive a | |
11 | reimbursement equal to the amount received in fiscal year 2017 plus an amount equal to the | |
12 | reduction from the FY 2018 baseline, as defined in subsection (b)(5) of this section, resulting from | |
13 | changes in: | |
14 | (i) The assessment percentage set forth in §44-34-11(c)(1)(iii); | |
15 | (ii) The excise tax rate set forth in §44-34.1-1(c)(5); | |
16 | (iii) Exemptions set forth in §44-34.1-1(c)(1); and | |
17 | (iv) Exemptions for vehicles more than fifteen (15) years old as set forth in §44-34-2. | |
18 | (14) In the event any city, town, or fire district sent out or sends out tax bills for fiscal year | |
19 | 2018, which do not conform with the requirements of this act, the city, town, or fire district shall | |
20 | ensure that the tax bills for fiscal year 2018 are adjusted or an abatement is issued to conform to | |
21 | the requirements of this act. | |
22 | SECTION 4. This article shall take effect on July 1, 2017. | |
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