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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO TAXATION -- STATEWIDE TANGIBLE PROPERTY TAX EXEMPTION

     

     Introduced By: Representatives Voas, Solomon, O'Brien, Potter, Kazarian, Alzate,
Casimiro, Casey, Baginski, and Slater

     Date Introduced: April 26, 2023

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 44 of the General Laws entitled "TAXATION" is hereby amended by

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adding thereto the following chapter:

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CHAPTER 5.3

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STATEWIDE TANGIBLE PROPERTY TAX EXEMPTION

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     44-5.3-1. Municipal tangible property tax exemption.

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     (a) Notwithstanding the provisions of chapter 5 of this title or any other provisions of law

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to the contrary, in an effort to provide relief for businesses, including small businesses, and to

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promote economic development, a city, town, or fire district shall provide each tangible property

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taxpayer on the aggregate amount of all ratable, tangible personal property not otherwise exempt

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from taxation an exemption from taxation of fifty thousand dollars ($50,000) applicable to the

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assessment date of December 31, 2023 and for each assessment date thereafter. All ratable,

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tangible, personal property valued above fifty thousand dollars ($50,000) remains subject to

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taxation.

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     (b) Individual personal exemptions granted to tangible property taxpayers in any city, town,

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or fire district at the time of the effective date of this chapter shall be applied to assessed values

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prior to applying the statewide exemption provided in this section in order that any lost revenue to

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be reimbursed pursuant to this chapter for each respective city, town, or fire district shall not include

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revenue loss resulting from these individual personal exemptions.

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     (c) Exemptions existing and uniformly applied to all tangible property taxpayers in any

 

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city, town, or fire district at the time of the effective date of this chapter shall be disregarded in

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order that any lost revenue to be reimbursed pursuant to this chapter for each respective city, town,

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or fire district shall include revenue loss resulting from such pre-existing uniform exemptions.

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     44-5.3-2. Reimbursement of lost tax revenue.

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     (a) Beginning in fiscal year 2025 and for each fiscal year thereafter, cities, towns, and fire

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districts shall receive reimbursements, as set forth in this section, from state general revenues for

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lost tax revenues due to the reduction of the tangible property tax resulting from the statewide

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exemption set forth in § 44-5.3-1.

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     (b) Beginning in fiscal year 2025, and for each fiscal year thereafter, cities, towns, and fire

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districts shall receive a reimbursement equal to the tangible property levy for the assessment date

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of December 31, 2022, minus the tangible personal property levy for the assessment date of

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December 31, 2023.

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     (c) Reimbursements shall be distributed in full to cities, towns, and fire districts on

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September 30, 2024 and every September 30 thereafter; provided, however, that reimbursement

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shall not be provided to any city, town, or fire district in any year in which it has failed to provide

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to the division of municipal finance its certified tax roll in accordance with § 44-5-22 or any other

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information required by the division of municipal finance to calculate the reimbursement amount.

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     44-5.3-3. Tangible property tax rate cap.

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     (a) Notwithstanding any other provision of law to the contrary, the tax rate for the class of

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property that includes tangible personal property for any city, town, or fire district shall be capped

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and shall not exceed thereafter the tax rate in effect for the assessment date of December 31, 2022.

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     (b) Notwithstanding any other provision of law to the contrary, for assessment dates on and

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after December 31, 2023, any city, town, or fire district shall be permitted to tax all other classes

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of property, or where no classification has been enacted all other types of property, at a different

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tax rate than the tax rate for tangible personal property required by subsection (a) of this section.

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     44-5.3-4. Removal of certain limitations and requirements.

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     For assessment dates on or after December 31, 2023, tangible tax rates shall be disregarded

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for purposes of compliance with limitations on the extent to which the effective tax rate of one class

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of property may exceed that of another, or requirements that the same percentage rate change be

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applied across property classes from one year to the next, under § 44-5-11.8 or any other similar

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statutory provision applicable to a city, town, or fire district.

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     44-5.3-5. Application.

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     The statewide exemption set forth in this chapter shall not apply to:

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     (1) Public service corporation tangible property subject to taxation pursuant to § 44-13-13;

 

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and

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     (2) Renewable energy resources and associated equipment subject to taxation pursuant to

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§ 44-5-3(c).

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     SECTION 2. Section 45-13-14 of the General Laws in Chapter 45-13 entitled "State Aid"

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is hereby amended to read as follows:

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     45-13-14. Adjustments to tax levy, assessed value, and full value when computing state

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aid.

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     (a) Whenever the director of revenue computes the relative wealth of municipalities for the

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purpose of distributing state aid in accordance with title 16 and the provisions of § 45-13-12, he or

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she shall base it on the full value of all property except:

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     (1) That exempted from taxation by acts of the general assembly and reimbursed under §

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45-13-5.1, which shall have its value calculated as if the payment in lieu of tax revenues received

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pursuant to § 45-13-5.1, has resulted from a tax levy;

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     (2) That whose tax levy or assessed value is based on a tax treaty agreement authorized by

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a special public law or by reason of agreements between a municipality and the economic

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development corporation in accordance with § 42-64-20 prior to May 15, 2005, which shall not

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have its value included;

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     (3) That whose tax levy or assessed value is based on tax treaty agreements or tax

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stabilization agreements in force prior to May 15, 2005, which shall not have its value included;

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     (4) That which is subject to a payment in lieu of tax agreement in force prior to May 15,

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2005;

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     (5) Any other property exempt from taxation under state law;

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     (6) Any property subject to chapter 27 of title 44, taxation of Farm, Forest, and Open Space

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Land; or

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     (7) Any property exempt from taxation, in whole or in part, under the provisions of

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subsections (a)(51), (a)(66), or (c) of § 44-3-3, § 44-3-47, § 44-3-65, § 44-5.3-1, or any other

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provision of law that enables a city, town, or fire district to establish a tangible personal property

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exemption, which shall have its value calculated as the full value of the property minus the

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exemption amount.

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     (b) The tax levy of each municipality and fire district shall be adjusted for any real estate

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and personal property exempt from taxation by act of the general assembly by the amount of

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payment in lieu of property tax revenue anticipated to be received pursuant to § 45-13-5.1 relating

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to property tax from certain exempt private and state properties, and for any property subject to any

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payment in lieu of tax agreements, any tax treaty agreements or tax stabilization agreements in

 

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force after May 15, 2005, by the amount of the payment in lieu of taxes pursuant to such

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agreements.

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     (c) Fire district tax levies within a city or town shall be included as part of the total levy

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attributable to that city or town.

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     (d) The changes as required by subsections (a) through (c) of this section shall be

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incorporated into the computation of entitlements effective for distribution in fiscal year 2007-2008

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and thereafter.

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     SECTION 3. 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 -- STATEWIDE TANGIBLE PROPERTY TAX EXEMPTION

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     This act would establish a statewide exemption of fifty thousand dollars ($50,000) from

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the tangible property tax beginning January 1, 2024. Municipalities and fire districts would be

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reimbursed for all current uniformly-applied exemptions, excluding public service corporation and

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renewable energy resources and equipment taxes, beginning September 30, 2024, and annually

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thereafter.

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     This act would take effect upon passage.

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