2001-S 730A
Enacted 7/10/2001

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Introduced By:  Senators Walton, Goodwin, Kells and Perry Date Introduced:  February 14, 2001

It is enacted by the General Assembly as follows:

SECTION 1. Section 44-3-31.1 in Chapter 44-3 of the General Laws entitled "Property Subject to Taxation" is hereby amended by adding thereto the following section:

44-3-31.1. The city of Providence -- Freeze of certain tax. -- (a) The city of Providence is hereby authorized to provide by ordinance for the freezing of property taxes on owner-occupied residential real estate, for 2001, at 105.5% of the amount of the property taxes levied for 2000 upon the assessed valuation as of December 31, 1999 (plus any property tax attributable to additions to the property between December 31, 1999 and December 31, 2000); and in subsequent years, at the amount of the property tax for the next prior year increased by the percentage increase in the tax rate for real estate (plus any increase in taxes due to any additions to the property between the date as of which the taxes are levied and the date as of which the taxes for the next prior year were levied) provided the household income of the owner is not greater than twenty-five thousand dollars ($25,000) during the calendar year of the date of assessment of the valuations.

(b) For the purposes of this section owner-occupied residential real estate is defined as real property from one (1) to three (3) families owned and occupied by the owner or owners and having not more than three (3) dwelling units, one (1) of the units of which constitutes the principal residence of the owner or owners; such property includes assessed land, buildings or improvements incidental to such habitation and used exclusively by the owners of the property or their guests or tenants.

(c) Household income for purpose of this section means all monies received by the owner or owners, the spouse of any owner and any other person over eighteen (18) years of age occupying the dwelling unit occupied by the owner or owners, from whatever source derived, including, but not limited to, capital gains, dividends, interest, wages, pensions, annuities, retirement and social security benefits, workers' compensation benefits, cash public assistance and relief and any and all other monies received.

(d) The ordinance providing for such tax freeze may provide rules for determining income, percentage increase in the tax rate, submission of proof of entitlement and such other terms and conditions as the city council deems appropriate to carry out the provisions of this section.

SECTION 2. All provisions of the general state law relating to the levy and assessment of local taxes shall continue to apply to the city of Providence after the adoption of this act except insofar as any provision thereof is inconsistent with the provisions of this act.

SECTION 3. Severability. - The invalidity of any section or sections or parts of any section or sections shall not affect the validity of the remainder of the act.

SECTION 4. This act shall take effect upon passage.

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