2017 -- H 5559

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LC001389

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO TAXATION - EXCISE ON MOTOR VEHICLES AND TRAILERS

     Introduced By: Representatives Vella-Wilkinson, Jacquard, Perez, Lancia, and McEntee

     Date Introduced: February 16, 2017

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 44-34-2 of the General Laws in Chapter 44-34 entitled "Excise on

Motor Vehicles and Trailers" is hereby amended to read as follows:

     44-34-2. Assessment -- Valuation -- Proration -- Abatement and cancellation --

Exemptions from tax.

     (a) Except as provided in this section, the tax assessors of each city and town shall assess

and levy in each calendar year on every vehicle and trailer registered under chapter 3 of title 31,

for the privilege of the registration, an excise measured by its value, as subsequently defined and

determined. For the purpose of this excise, the uniform value of each vehicle shall be determined

in accordance with the regulations of the vehicle value commission. Any vehicle which is more

than twenty-five (25) fifteen (15) years old or older, whether or not unless the vehicle is an

antique motor car as defined in § 31-1-3(a), shall be assessed a flat excise tax of fifty dollars

($50.00) deemed to possess an average retail value of five hundred dollars ($500). Any vehicle

more than twenty-five (25) years old on June 16, 1987, whether or not the vehicle is an antique

motor car as defined in § 31-1-3(a), shall be deemed to have an average retail value of five

hundred dollars ($500) or its actual retail value whichever is less. The minimum excise tax on any

vehicle, if registered to the same owner for a full year or portion of the year, shall not be less than

five dollars ($5.00) unless the registration is transferred to one or more additional vehicles or

trailers, in which case the minimum or combined excise taxes shall not be less than five dollars

($5.00). Beginning in fiscal year 2001, the assessor may, but is not required to, issue minimum

tax bills as authorized by this section or any general or public law. Beginning in fiscal year 2002

and thereafter, the assessor shall not issue minimum tax bills, notwithstanding any general or

public law to the contrary. The assessor may waive the excise tax on any vehicle where the

annual levy would be less than five dollars ($5.00). The state shall not provide reimbursement for

any waiver.

     (b) Vehicle and trailer excises shall be prorated over the calendar year prior to the year in

which the excises are levied and billed, that year being referred to as the calendar year of

proration.

     (c) The excise levy on every vehicle and trailer registered under chapter 3 of title 31 shall

be based on the ratio that the number of days the vehicle or trailer is registered is to the number of

days in the calendar year of proration.

     (d) If during the calendar year of proration, the owner of a vehicle or trailer subject to the

excise moves permanently with his or her vehicle to another state and cancels his or her

registration in this state and returns the registration plates, the vehicle shall be exempt from excise

for the ensuing year.

     (e) "Year of manufacture" as used in this section means the year used by the

manufacturer of the vehicle or trailer in connection with the designation by the manufacturer of

the model of the vehicle or trailer. Where the presumptive price of a vehicle or trailer is not

readily obtainable, or special equipment is installed on the vehicle or trailer, the tax assessor shall

prescribe the retail price to be used or the manner in which the retail price shall be determined.

     (f) Nothing in this section shall be construed to prevent any city or town council from

granting an abatement, in whole or in part, when there is an error in the assessment of a tax, and

the tax assessors have certified to the fact, in writing, to the city or town council to cancel taxes

stating the nature of the error, the valuation of the vehicle or trailer, the amount of the assessed

tax and the name of the person to whom the vehicle or trailer was taxed.

     (g) The city or town council may cancel, in whole or in part, an excise tax assessed to a

person who has died leaving no estate, or a person who has moved from the state, and the tax

collector or person acting in the capacity of tax collector certifies to the city or town council the

facts of the case.

     (h) The excise imposed by this section shall not apply to vehicles or trailers owned by the

state of Rhode Island or any of its political subdivisions, or to vehicles or trailers owned by a

corporation, association or other organization whose tangible personal property is exempt under §

44-3-3(1) -- (15), or to vehicles assessed and taxed under § 44-13-13, or those owned by the

United States government. Farm vehicles shall be exempt to the extent prescribed in § 44-5-42.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TAXATION - EXCISE ON MOTOR VEHICLES AND TRAILERS

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     This act would cap the excise tax on vehicles aged fifteen (15) years and older at the sum

of fifty dollars ($50.00).

     This act would take effect upon passage.

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