2019 -- H 5972

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LC002372

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO TAXATION -- MOTOR VEHICLE EXCISE TAX PHASE ACT

     Introduced By: Representatives McLaughlin, Marszalkowski, Jackson, McNamara, and
Phillips

     Date Introduced: April 10, 2019

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 44-34.1-2 of the General Laws in Chapter 44-34.1 entitled "Motor

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

     44-34.1-2. City, town and fire district reimbursement.

     (a) In fiscal years 2000 and thereafter, cities, towns, and fire districts shall receive

reimbursements, as set forth in this section, from state general revenues equal to the amount of

lost tax revenue due to the phase out or reduction of the excise tax. Cities, towns, and fire districts

shall receive advance reimbursements through state fiscal year 2002. In the event the tax is

phased out, cities, towns, and fire districts shall receive a permanent distribution of sales tax

revenue pursuant to § 44-18-18 in an amount equal to any lost revenue resulting from the excise

tax elimination. Lost revenues must be determined using a base tax rate fixed at fiscal year 1998

levels for each city, town, and fire district, except that the town of Johnston's base tax rate must

be fixed at a fiscal year 1999 level. Provided, however, for fiscal year 2011 and thereafter, the

base tax rate may be less than but not more than the rates described in this subsection (a).

     (b)(1) The director of administration shall determine the amount of general revenues to

be distributed to each city, town, and fire district for the fiscal years 1999 and thereafter so that

every city, town, and fire district is held harmless from tax loss resulting from this chapter,

assuming that tax rates are indexed to inflation through fiscal year 2003.

     (2) The director of administration shall index the tax rates for inflation by applying the

annual change in the December Consumer Price Index -- All Urban Consumers (CPI-U),

published by the Bureau of Labor Statistics of the United States Department of Labor, to the

indexed tax rate used for the prior fiscal year calculation; provided, that for state reimbursements

in fiscal years 2004 and thereafter, the indexed tax rate shall not be subject to further CPI-U

adjustments. The director shall apply the following principles in determining reimbursements:

     (i) Exemptions granted by cities, towns, and fire districts in the fiscal year 1998 must be

applied to assessed values prior to applying the exemptions in § 44-34.1-1(c)(1). Cities, towns,

and fire districts will not be reimbursed for these exemptions.

     (ii) City, town, and fire districts shall be reimbursed by the state for revenue losses

attributable to the exemptions provided for in § 44-34.1-1 and the inflation indexing of tax rates

through fiscal 2003. Reimbursement for revenue losses shall be calculated based upon the

difference between the maximum taxable value less personal exemptions and the net assessed

value.

     (iii) Inflation reimbursements shall be the difference between:

     (A) The levy calculated at the tax rate used by each city, town, and fire district for fiscal

year 1998 after adjustments for personal exemptions but prior to adjustments for exemptions

contained in § 44-34.1-1(c)(1); provided, that for the town of Johnston, the tax rate used for fiscal

year 1999 must be used for the calculation; and

     (B) The levy calculated by applying the appropriate cumulative inflation adjustment

through state fiscal 2003 to the tax rate used by each city, town, and fire district for fiscal year

1998; provided, that for the town of Johnston the tax rate used for fiscal year 1999 shall be used

for the calculation after adjustments for personal exemptions but prior to adjustments for

exemptions contained in § 44-34.1-1.

     (3) For fiscal year 2018 and thereafter, each city, town, and fire district shall tax motor

vehicles and trailers pursuant to chapter 34 of title 44 using the same motor vehicle and trailer

excise tax calculation methodology that was employed for fiscal year 2017, where motor vehicle

and trailer excise tax calculation methodology refers to the application of specific tax practices

and the order of operations in the determination of the tax levied on any given motor vehicle

and/or trailer.

     (4) Each city, town, and fire district shall report to the department of revenue, as part of

the submission of the certified tax levy pursuant to § 44-5-22, the motor vehicle and trailer excise

tax calculation methodology that was employed for fiscal year 2017. For fiscal year 2018 and

thereafter, the department of revenue is authorized to confirm that each city, town, or fire district

has used the same motor vehicle and trailer excise tax methodology as was used in fiscal year

2017 and the department of revenue shall have the final determination as to whether each city,

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town, or fire district has in fact complied with this requirement. Should the department of revenue

determine that a city, town, or fire district has failed to cooperate or comply with the requirement

in this section, the city, town, or fire district's reimbursement for the items noted in subsections

(c)(13)(i) through (c)(13)(iv) of this section shall be withheld until such time as the department of

revenue deems the city, town, or fire district to be in compliance.

     (5) For purposes of reimbursement for the items noted in subsections (c)(13)(i) through

(c)(13)(iv) of this section, the FY 2018 baseline from which the reimbursement amount shall be

calculated is defined as the motor vehicle and trailer excise tax levy that would be generated by

applying the fiscal year 2017 motor vehicle and trailer excise tax calculation methodology to the

assessed value of motor vehicles and trailers as of fiscal year 2018. The amount of reimbursement

that each city, town, or fire district receives shall be the difference between the FY 2018 baseline

and the certified motor vehicle and trailer excise tax levy as submitted by each city, town, and fire

district as confirmed by the department of revenue. The department of revenue shall determine

the reimbursement amount for each city, town, and fire district.

     (6) For fiscal year 2020 and thereafter, the department of revenue shall assess the

feasibility of standardizing the motor vehicle and trailer excise tax calculation methodology

across all cities, towns, and fire departments. Based on this assessment, the department of revenue

may make recommendations for changes to the motor vehicle and trailer excise tax calculation

methodology.

     Beginning on January 1, 2021, the director of the department of revenue shall file an

annual report for the consideration of the general assembly with the president of the senate,

speaker of the house, chairperson of the senate committee on finance and chairperson of the

house committee on finance, containing recommendations and findings as to the feasibility of the

motor vehicle excise tax phase-out in each year until the phase-out is complete.

     (c)(1) Funds shall be distributed to the cities, towns, and fire districts as follows:

     (i) On October 20, 1998, and each October 20 thereafter through October 20, 2001,

twenty-five percent (25%) of the amount calculated by the director of administration to be the

difference for the upcoming fiscal year.

     (ii) On February 20, 1999, and each February 20 thereafter through February 20, 2002,

twenty-five percent (25%) of the amount calculated by the director of administration to be the

difference for the upcoming fiscal year.

     (iii) On June 20, 1999, and each June 20 thereafter through June 20, 2002, fifty percent

(50%) of the amount calculated by the director of administration to be the difference for the

upcoming fiscal year.

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     (iv) On August 1, 2002, and each August 1 thereafter, twenty-five percent (25%) of the

amount calculated by the director of administration to be the difference for the current fiscal year.

     (v) On November 1, 2002, and each November 1 thereafter, twenty-five percent (25%) of

the amount calculated by the director of administration to be the difference for the current fiscal

year.

     (vi) On February 1, 2003, and each February 1 thereafter, twenty-five percent (25%) of

the amount calculated by the director of administration to be the difference for the current fiscal

year.

     (vii) On May 1, 2003, and each May 1 thereafter, except May 1, 2010, twenty-five

percent (25%) of the amount calculated by the director of administration to be the difference for

the current fiscal year.

     (viii) On June 15, 2010, twenty-five percent (25%) of the amount calculated by the

director of administration to be the difference for the current fiscal year.

     Provided, however, the February and May payments, and June payment in 2010, shall be

subject to submission of final certified and reconciled motor vehicle levy information.

     (2) Each city, town, or fire district shall submit final certified and reconciled motor

vehicle levy information by August 30 of each year. Any adjustment to the estimated amounts

paid in the previous fiscal year shall be included or deducted from the payment due November 1.

     (3) On any of the payment dates specified in paragraphs (1)(i) through (vii) of this

subsection, the director is authorized to deduct previously made over-payments or add

supplemental payments as may be required to bring the reimbursements into full compliance with

the requirements of this chapter.

     (4)(i) For the city of East Providence, the payment schedule is twenty-five percent (25%)

on February 20, 1999, and each February 20 thereafter through February 20, 2002, twenty-five

percent (25%) on June 20, 1999, and each June 20 thereafter through June 20, 2002, which

includes final reconciliation of the previous year's payment, and fifty percent (50%) on October

20, 1999, and each October 20 thereafter through October 20, 2002. For local fiscal years 2003

and thereafter, the payment schedule is twenty-five percent (25%) on each November 1, twenty-

five percent (25%) on each February 1, twenty-five percent (25%) on each May 1, which includes

final reconciliation of the previous year's payment, and twenty-five percent (25%) on each

August 1; provided, the May and August payments shall be subject to submission of final

certified and reconciled motor vehicle levy information.

     (ii) For the town of Cumberland, the payment schedule shall be:

     (A) On May 1, 2019, and each May 1 thereafter, twenty-five percent (25%) of the amount

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calculated by the director of administration to be the difference for the current fiscal year.

     (B) On August 1, 2019, and each August 1 thereafter, twenty-five percent (25%) of the

amount calculated by the director of administration to be the difference for the current fiscal year.

     (C) On November 1, 2019, and each November 1 thereafter, twenty-five percent (25%) of

the amount calculated by the director of administration to be the difference for the current fiscal

year.

     (D) On February 1, 2020, and each February 1 thereafter, twenty-five percent (25%) of

the amount calculated by the director of administration to be the difference for the current fiscal

year.

     (5) When the tax is phased out, funds distributed to the cities, towns, and fire districts for

the following fiscal year shall be calculated as the funds distributed in the fiscal year of the phase-

out. Twenty-five percent (25%) of the amounts calculated shall be distributed to the cities, towns,

and fire districts on August 1, in the fiscal year of the phase-out, twenty-five percent (25%) on the

following November 1, twenty-five percent (25%) on the following February 1, and twenty-five

percent (25%) on the following May 1. The funds shall be distributed to each city, town, and fire

district in the same proportion as distributed in the fiscal year of the phase-out.

     (6) When the tax is phased out to August 1, of the following fiscal year the director of

revenue shall calculate to the nearest thousandth of one cent ($0.00001) the number of cents of

sales tax received for the fiscal year ending June 30, of the year following the phase-out equal to

the amount of funds distributed to the cities, towns, and fire districts under this chapter during the

fiscal year following the phase-out and the percent of the total funds distributed in the fiscal year

following the phase-out received by each city, town, and fire district, calculated to the nearest

one-hundredth of one percent (0.01%). The director of the department of revenue shall transmit

those calculations to the governor, the speaker of the house, the president of the senate, the

chairperson of the house finance committee, the chairperson of the senate finance committee, the

house fiscal advisor, and the senate fiscal advisor. The number of cents, applied to the sales taxes

received for the prior fiscal year, shall be the basis for determining the amount of sales tax to be

distributed to the cities, towns, and fire districts under this chapter for the second fiscal year

following the phase-out and each year thereafter. The cities, towns, and fire districts shall receive

that amount of sales tax in the proportions calculated by the director of revenue as that received in

the fiscal year following the phase-out.

     (7) When the tax is phased out, twenty-five percent (25%) of the funds shall be

distributed to the cities, towns, and fire districts on August 1 of the following fiscal year, and

every August 1 thereafter; twenty-five percent (25%) shall be distributed on the following

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November 1, and every November 1 thereafter; twenty-five percent (25%) shall be distributed on

the following February 1, and every February 1 thereafter; and twenty-five percent (25%) shall be

distributed on the following May 1, and every May 1 thereafter.

     (8) For the city of East Providence, in the event the tax is phased out, twenty-five percent

(25%) shall be distributed on November 1 of the following fiscal year, and every November 1

thereafter, twenty-five percent (25%) shall be distributed on the following February 1, and every

February 1 thereafter; twenty-five percent (25%) shall be distributed on the following May 1, and

every May 1 thereafter; and twenty-five percent (25%) of the funds shall be distributed on the

following August 1, and every August 1 thereafter.

     (9) As provided for in § 44-34-6, the authority of fire districts to tax motor vehicles is

eliminated effective with the year 2000 tax roll and the state reimbursement for fire districts shall

be based on the provisions of § 44-34-6. All references to fire districts in this chapter do not apply

to the year 2001 tax roll and thereafter.

     (10) For reimbursements payable in the year ending June 30, 2008, and thereafter, the

director of administration shall discount the calculated value of the exemption to ninety-eight

percent (98%) in order to establish a collection rate that is comparable to the collection rate

achieved by municipalities in the levy of the motor vehicle excise tax.

     (11) For reimbursements payable in the year ending June 30, 2010, the director of

administration shall reimburse cities and towns eighty-eight percent (88%) of the reimbursements

payable pursuant to subsection (c)(10) above.

     (12) For fiscal year 2011 through to June 30, 2017, the state shall reimburse cities and

towns, for the exemption pursuant to subsection (c)(10) above, ratably reduced to the

appropriation.

     (13) For fiscal year 2018 and thereafter, each city, town, and fire district shall receive a

reimbursement equal to the amount received in fiscal year 2017 plus an amount equal to the

reduction from the FY 2018 baseline, as defined in subsection (b)(5) of this section, resulting

from changes in:

     (i) The assessment percentage set forth in § 44-34-11(c)(1)(iii);

     (ii) The excise tax rate set forth in § 44-34.1-1(c)(5);

     (iii) Exemptions set forth in § 44-34.1-1(c)(1); and

     (iv) Exemptions for vehicles more than fifteen (15) years old as set forth in § 44-34-2.

     (14) In the event any city, town, or fire district sent out or sends out tax bills for fiscal

year 2018, which do not conform with the requirements of this act, the city, town, or fire district

shall ensure that the tax bills for fiscal year 2018 are adjusted or an abatement is issued to

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conform to the requirements of this act.

     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 -- MOTOR VEHICLE EXCISE TAX PHASE ACT

***

     This act would require the state to make each of its quarterly motor vehicle excise tax

phase out reimbursements to the town of Cumberland, three (3) months earlier than the rest of the

municipalities, with the reimbursement payments now due on May 1, August 1, November 1, and

February 1 of every year.

     This act would take effect upon passage.

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