Chapter
005
2007 -- H 5536
Enacted 03/01/07
A N A C T
CONCERNING TAX RELIEF
FOR THE ELDERLY CITIZENS OF NORTH KINGSTOWN
Introduced By: Representatives Ehrhardt, Carter, and Lally
Date Introduced: February
27, 2007
It is
enacted by the General Assembly as follows:
SECTION
1. Sections 1 and 6 of Chapter 26 of the Public Laws of 1964, entitled "An
Act
Enabling
The Town Council of the Town of North Kingstown to exempt certain property from
taxation,"
as amended, is hereby further amended to read as follows:
Section
1. The town council of North Kingstown may, by ordinance grant to every
person,
a citizen and resident of the town of North Kingstown of the age of sixty-five
(65) or
more
years and residing in the town of North Kingstown in a dwelling house owned by
him
which
is a constituent part of his real property, on proper claim being made therefor
a tax
exemption.
The
town council of North Kingstown may, from time to time, by ordinance, make such
rules
and regulations as they deem necessary and appropriate to promote the purposes
of this act
and, in
addition, may, from time to time, by ordinance, reduce the amounts of all or
some of the
exemptions
herein after provided in subsection (a) hereof when they determine that such a
reduction
is in the financial best interests of the town.
(a)
The schedule of exemptions provided, from time to time, shall be as follows:
(1)
Taxpayers having an annual income of up two hundred percent (200%) of the
appropriate
one (1) or two (2) person poverty income level determined and published by the
United
States Department of Commerce, Census Bureau, Poverty Branch shall have an
exemption
of one
hundred twenty seventy five thousand dollars ($125,000.00)
($175,000.00) of the assessed
valuation.
(2)
Taxpayers having an annual income of up to two hundred fifty percent (250%) of
the
appropriate
one (1) or two (2) person poverty income level determined and published by the
United
States Department of Commerce, Census Bureau, Poverty Branch shall have an
exemption
of one
hundred fifty thousand dollars ($100,000.00) ($150,000.00)
of the assessed valuation.
(3)
Taxpayers having an annual income of up to three hundred percent (300%) of the
appropriate
one (1) or two (2) person poverty income level determined and published by the
United
States Department of Commerce, Census Bureau, Poverty Branch shall have an
exemption
of seventy
five one hundred twenty-five thousand dollars ($75,000.00) ($125,000.00)
of the
assessed
valuation.
(4) The exemptions so provided shall be in addition to any other exemption or
exemptions
to which the persons shall be entitled. However, except as provided for in
subsection
(a)(5)
below, in no case shall the total tax excused (or saved) as a consequence of
this act exceed
a
maximum of five thousand dollars ($5,000.00) adjusted for each tax year
subsequent to 1999
2007 to reflect changes in the cost of living. Starting
with the 1999 2007 social security
administration
cost of living allowance (COLA) data, the compound percentage amount of COLA
change
in the social security retirement benefit shall be used for calculating these
annual
adjustments.
The intent of this provision is to stabilize the maximum benefits available
under this
act at
five thousand dollars ($5,000.00) in constant 1999 2007 dollars.
(5)
An additional ten (10) percent reduction in the total tax bill will be given to
each
qualified
taxpayer seventy-five (75) years of age or older.
(6)
The provisions of this act shall not reduce the dollar value of property tax
savings,
which
tax resulted from claims for tax exempt status of real estate owned and
occupied by
persons
of sixty-five (65) years of age and over approved by the tax assessor tax year
1983. This
These exception exemptions shall expire:
(i)
If the taxpayer(s) fail to meet the full requirements set forth in the Rules
and
Regulations
for Exemption from Property Taxes to Persons 65 or More Years of Age;
(ii)
Upon death of the current eligible taxpayer, except in the event the spouse of
the
current
taxpayer survives and is not remarried;
(iii)
Upon abandonment of domicile;
(iv)
Upon transfer of ownership of the property through sale or other disposition.
The
provisions of this clause shall cease to be effective for each claimant in the
tax year
during
which the dollar value of the exemption defined in the Rules and Regulations
for
Exemptions
from Property Taxes to Persons sixty five (65) or More Years of Age, below,
equals
or
exceeds the property tax abatement granted.
(b)
For the purposes of this act the income of a taxpayer shall be deemed to
include the
total
income of his or her spouse and all other individuals residing in the
taxpayer's dwelling for
more
than fifty percent (50%) of the calendar year 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
sixty five (65) or more years of age. In addition to the requirement of
domicile within the
town of
North Kingstown at the time of making application, the ordinance may require
that an
applicant
for this exemption must have been a resident of said town for a period up to
but not in
excess
of twenty (20) years ending with the date of assessment for the year for which
exemption
is
claimed; and further, the ordinance may require that an applicant for this
exemption must have
owned
and had title to his or her dwelling house during any period of residency
required by the
ordinance;
provided, however, 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 so
entitled to such exemption.
Sec.
6. The question of the acceptance or rejection of this act shall be submitted
to the
qualified
electors of said town entitled to vote upon a proposition to impose a tax or
for the
expenditure
of money 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 question in 1999 2007 or any subsequent
year, any
ordinance
passed by the by the town council of North Kingstown to provide tax relief for
the
elderly
citizens of North Kingstown, in accordance with this act, shall become effective
upon
passage.
SECTION
2. This section shall take effect upon passage and section 1 shall take effect
if
and
when the electors of the town of North Kingstown qualified to vote upon a
proposition to
impose
a tax or for the expenditure of money vote to accept this act.
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LC02401
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