A N A C T
RELATING TO THE TOWN OF NORTH KINGSTOWN
It is enacted by the General Assembly as follows:
SECTION 1. Chapter 44-3 of the General Laws entitled "Property Subject to Taxation" is hereby amended by adding thereto the following section:
44-3-13.10. Exemption of certain real estate in the town of North Kingstown . -- The town council of North Kingstown is authorized, by ordinance, to grant exemptions with respect to the assessed value of certain single family residential real property situated in the town which is occupied by the owner or owners thereof and which, as a consequence of a revaluation or update in accordance with Section 44-5-11.6 of the Rhode Island General Laws, the assessed value of the land component (exclusive of any buildings or other improvements) of said property has increased by more than fifty percent (50%) of the assessed value of the land component of said property as of December 31 of the year immediately proceeding the effective date of the revaluation or update (hereinafter the "Increase"). The ordinance may provide that no such exemption may be granted unless the subject property was on the tax roll as single family residential real property for the year immediately proceeding the effective date of the revaluation or update. Such exemption may be a percentage up to one hundred percent (100%) of the amount by which the "Increase" exceeds one hundred fifty percent (150%) or more of the assessed value of the land component of said property as of December 31 of the year immediately proceeding the effective date of the revaluation or update (hereinafter the Exemption Amount) and only one such exemption shall be allowed to co-tenants, joint tenants, and tenants by the entirety even though all or more than one of them are occupying said property. In addition to a requirement of domicile within the town of North Kingstown at the time of making application for said exemption, the ordinance may also require that an applicant for such exemption or a member of his or her immediate family, i.e. parent, spouse, child or sibling, must have owned and occupied the particular residential property for a period of up to but not in excess of five (5) years prior to the effective date of the revaluation or update and for the year for which exemption is claimed. The ordinance may also provide that the exemption shall not be granted to any applicant whose annual household income exceeds an amount up to but not in excess of seventy-five thousand dollars ($75,000) in the year for which the exemption is claimed. For the purposes of this act the household income of a taxpayer shall be deemed to include the income of his or her spouse and all other individuals residing in the taxpayer's dwelling for more than fifty (50%) percent of the calendar year. The ordinance may require that such exemption shall not be allowed in favor of any person unless he or she shall have presented to the assessor a true and exact account of his or her ratable estate as provided for in title 45, chapter 5, sections 15 and 16 of the General Laws of 1956, as amended, for the year for which exemption is claimed, together with due evidence that he or she is entitled to such exemption. The ordinance may also provide for a graduated schedule of decreasing annual exemptions following the effective date of the revaluation or update and/or a graduated schedule of increasing exemptions which may be based on ownership and occupancy of the subject property by the applicant or a member of his or her immediate family, up to but not in excess of five (5) years. The exemption provided in accordance with this act shall be in addition to any other exemption to which a person may be entitled under any other law or ordinance.
SECTION 2. If any clause, sentence, paragraph, section, or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part directly involved in the controversy in which such judgment shall have been rendered.
SECTION 3. The question of the acceptance or rejection of this act shall be submitted to the qualified electors of said town at any special or regular election to be held after the passage of this act, and no other action shall be taken under the authority of this act unless a majority of said electors voting on said question vote to accept this act.
The town clerk of the town of North Kingstown shall forthwith after said election certify to the secretary of state, the result of this vote upon the question submitted.
Following the approval of this act in 2001 or any subsequent year, any ordinance passed by the town council of North Kingstown to provide tax relief pursuant to the terms of this act, shall become effective upon passage and may, by its terms, be retroactive to December 31, 2000.
SECTION 4. This Section and Section 3 of this act shall take effect upon passage and Sections 1 and 2 shall take effect if and when the electors of the town of North Kingstown vote to accept this act and shall be retroactive to December 31, 2000.