CHAPTER 208


98-S 3007
Enacted 7/4/98


A N     A C T

RELATING TO TAXATION

Introduced By: Senators Badeau, Kelly and Cote

Date Introduced : March 11, 1998

It is enacted by the General Assembly as follows:

SECTION 1. Sections 44-5-11 and 44-5-11.6 of the General Laws in Chapter 44-5 entitled "Levy and Assessment of Local Taxes" are hereby amended to read as follows:

44-5-11. Assessment of valuations -- Apportionment of levies. -- (a) The assessors in several towns and cities shall assess all valuation and apportion the levy of all taxes legally ordered under the rules and regulations, not repugnant to law, as the town meetings and city councils, respectively, shall from time to time prescribe; provided, however, that the assessors shall revalue all taxable real estate and implement the revaluation within three (3) years after December 31, 1980 unless a town or city shall have completed and implemented the revaluation within seven (7) years prior to December 31, 1980 and each town or city shall complete and implement a revaluation of all real estate property each tenth (10th) year after its first revaluation is implemented under this section unless an earlier date for revaluation is established; provided further, however, the city of Woonsocket {ADD shall have until December 31, 1999 ADD} and the town of Cumberland shall have until December 31, 1984 to revalue all taxable real estate and implement the revaluation. Those towns and cities which have both completed and implemented a revaluation within seven (7) years prior to December 31, 1980 shall revalue and implement the revaluation within ten (10) years of the date of the prior revaluation and each and every tenth (10th) year thereafter; provided, however, that the city of Providence shall have until December 31, 1998 to revalue all taxable real estate; provided, however, that the town of West Warwick shall have until December 31, 1993 to revalue all taxable real estate and implement the revaluation provided, however, that the town of Warren and the city of Cranston shall have until December 31, 1994 to revalue all taxable real estate and implement the revaluation; provided, however, that the town of Bristol shall have until December 31, 1994 to revalue all taxable real estate and implement the revaluation; provided, however, that the town of Narragansett shall have until December 31, 1992 to revalue all taxable real estate and implement the revaluation; provided, however, that the city of Pawtucket and the town of Burrillville shall have until December 31, 1995 to revalue all taxable real estate and implement the revaluation; provided, however, that the city of Central Falls and the towns of Johnston, North Smithfield, and Lincoln shall have until December 31, 1993 to revalue all taxable real estate and implement the revaluation; provided however, that the city of East Providence shall have until December 31, 1996 to revalue all taxable real estate and implement the revaluation; provided, however, that the city of Cranston shall have until December 31, 1994 to revalue all taxable real estate and implement the revaluation.

(b) The assessors of the respective cities and towns shall certify in writing to the department of administration of their proposed schedule of each revaluation and shall further certify in writing to the department when the revaluation is completed. At the completion of the revaluation, the certification shall include a tax rate, based upon the new valuation, which would have provided the same ad valorem revenue for the town or city as is being raised during the current town or city budget year.

(c) The provisions of this section shall be repealed in their entirety on January 1, 2000.

{ADD 44-5-11.6. Assessment of violations -- Apportionment of levies. -- ADD} (A) Notwithstanding the provisions of section 44-5-11, beginning on December 31, 2000, the assessors in the several towns and cities shall conduct an update as herein defined or shall assess all valuations and apportions the levy of all taxes legally ordered under the rules and regulations, not repugnant to law, as the town meetings and city councils, respectively shall from time to time prescribe; provided, that such update or valuation shall be performed in accordance with the following schedules:

(1) For a transition period, for cities and towns who conducted or implemented a revaluation as of 1993 or in years later:

                              {ADD Update ADD}       {ADDRevaluation ADD}
Lincoln                              2000                    2003 
South Kingstown                      2000                    2003 
Smithfield                           2000                    2003 
West Warwick                         2000                    2003
Johnston                             2000                    2003 
Burrillville                         2000                    2003 
North Smithfield                     2000                    2003 
Central Falls                        2000                    2003 
North Kingstown                      2000                    2003 
Jamestown                            2000                    2003
North Providence                     2001                    2004 
Cumberland                           2001                    2004 
Bristol                              2001                    2004 
Charlestown                          2001                    2004 
East Greenwich                       2002                    2005 
Cranston                             2002                    2005 
Barrington                           2002                    2005 
Warwick                              2003                    2006 
Warren                               2003                    2006 
East Providence                      2003                    2006
The implementation date for the above schedule shall be December 31st, of the stated year. Those cities and towns not listed above, shall continue the revaluation schedule pursuant to section 44-5-11. (B) For the post transition period and in years thereafter:

  
            {ADD Update #1 ADD}    {ADDUpdate #2 ADD}  {ADD Revaluation ADD}

Woonsocket    {DEL 2000 DEL}        {ADD 2002 ADD}         {DEL 2003 DEL}
              {ADD 2005 ADD}        {DEL 2006 DEL}         {ADD 2008 ADD}
Pawtucket          2001                  2004                   2007 
Portsmouth         2001                  2004                   2007 
Coventry           2001                  2004                   2007 
Providence         2002                  2005                   2008 
Foster             2002                  2005                   2008 
Middletown         2002                  2005                   2008 
Little Compton     2003                  2006                   2009 
Scituate           2003                  2006                   2009 
Westerly           2003                  2006                   2009 
West Greenwich     2004                  2007                   2010 
Glocester          2004                  2007                   2010 
Richmond           2004                  2007                   2010 
Tiverton           2005                  2008                   2011 
Newport            2005                  2008                   2011 
New Shoreham       2005                  2008                   2011
Narragansett       2005                  2008                   2011 
Exeter             2005                  2008                   2011 
Hopkinton          2005                  2008                   2011 
Lincoln            2006                  2009                   2012 
South Kingstown    2006                  2009                   2012 
Smithfield         2006                  2009                   2012 
West Warwick       2006                  2009                   2012 
Johnston           2006                  2009                   2012 
Burrillville       2006                  2009                   2012 
North Smithfield   2006                  2009                   2012 
Central Falls      2006                  2009                   2012 
North Kingstown    2006                  2009                   2012
Jamestown          2006                  2009                   2012 
North Providence   2007                  2010                   2013 
Cumberland         2007                  2010                   2013 
Bristol            2007                  2010                   2013 
Charlestown        2007                  2010                   2013 
East Greenwich     2008                  2011                   2014 
Cranston           2008                  2011                   2014 
Barrington         2008                  2011                   2014 
Warwick            2009                  2012                   2015 
Warren             2009                  2012                   2015 
East Providence    2009                  2012                   2015
The implementation date for the above schedule shall be December 31st of the stated year. Upon the completion of the update and revaluation schedule above, each city and town shall conduct a revaluation within nine (9) years of the date of the prior revaluation and shall conduct an update of real property every three (3) years from the last revaluation. (C) No later than February 1, 1998, the director of the Department of Administration shall promulgate rules and regulations consistent with the provisions of this section to define the requirements for the updates which shall include, but not be limited to: (1) An analysis of sales; (2) A rebuilding of land value tables; (3) A rebuilding of cost tables of all improvement items; and (4) A rebuilding of depreciation schedules. Upon completion of an update, each city or town shall provide for a hearing and/or appeal process for any aggrieved person to address any issue which arose during the update. (D) The costs incurred by the towns and cities for the first update shall be borne by the state in an amount not to exceed fifteen dollars ($15.00) per parcel. The costs incurred by the towns and cities for the second update shall be borne eighty percent (80%) by the state (in an amount not to exceed ten dollars ($10.00) per parcel) and twenty percent (20%) by the town or city and in the third update and thereafter, the state shall pay sixty percent (60%) of the update (not to exceed six dollars ($6.00) per parcel) and the town or city shall pay forty percent (40%); provided, however, for the second update and in all updates thereafter, that the costs incurred by any city or town which is determined to be a distressed community pursuant to section 45-13-12 shall be borne eighty percent (80%) by the state and twenty percent (20%) by the city and towns for all updates required by this section. (E) The office of municipal affairs, after consultation with the league of cities and towns and the Rhode Island Assessors' Association, shall recommend adjustments to the costs formula described in subsection (D) above based upon existing market conditions. (F) Any property, which is either exempt from the local property tax pursuant to section 44-3-3 or which pays a city or town an amount in lieu of taxes, will not be required to have its values updated pursuant to section 44-5-11.6, and such property shall not be eligible for the reimbursement provisions of section 44-5-11.6(e). However, those properties which are exempt from taxation and are eligible for state appropriations in lieu of property tax under the provisions of section 45-13-5.1 will be eligible for state reimbursement pursuant to section 44-5-11.6(e), provided that these properties were revalued as part of that city or town's most recent property revaluation. (G) No city or town shall be required to conduct an update pursuant to this section unless the state has appropriated sufficient funds to cover the state's costs as identified in subsection (E) above. (H) Any city or town who fails to conduct an update or revaluation as required by this section, shall be subject to the provisions in section 45-13-1.1. (I) Any bill or resolution to extend the dates for a city or town to conduct an update or revaluation must be approved by a two-thirds (2/3) majority of both houses of the general assembly.

SECTION 2. This act shall take effect upon passage.



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