2012 -- S 3034

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LC02707

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO TAXATION - PROPERTY SUBJECT TO TAXATION

     Introduced By: Senator Dawson T. Hodgson

     Date Introduced: May 31, 2012

     Referred To: Senate Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 44-3-13 of the General Laws in Chapter 44-3 entitled "Property

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Subject to Taxation" is hereby amended to read as follows:

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     44-3-13. Persons over the age of 65 years -- Exemption. -- (a) Bristol. - The town of

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Bristol may exempt from taxation the real estate situated in the town owned and occupied by any

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resident over the age of sixty-five (65) years, as of the preceding December 31st; or, over the age

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of seventy (70) years, as of the preceding December 31st; or, over the age of seventy-five (75)

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years, as of the preceding December 31st, and which exemption is in addition to any and all other

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exemptions from taxation to which the resident may otherwise be entitled. The exemption shall

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be applied uniformly and without regard to ability to pay. Only one exemption shall be granted to

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cotenants, joint tenants, and tenants by the entirety, even though all the cotenants, joint tenants

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and tenants by the entirety are sixty-five (65) years of age or over as of the preceding December

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31st. The exemption applies to a life tenant who has the obligation for payment of the tax on real

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estate. The town council of the town of Bristol shall, by ordinance, establish the value of this

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exemption.

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      (b) Central Falls. - The city of Central Falls may, by ordinance, exempt from taxation,

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real or personal property located within the city of any person sixty-five (65) years or over, which

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exemption shall be in an amount not exceeding seven thousand five hundred dollars ($7,500) of

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valuation and which exemption is in addition to any and all other exemptions from taxation and

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tax credits to which the person may be entitled by this chapter or any other provision of law.

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      (c) Cranston.

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      (1) The city council of the city of Cranston may, by ordinance, exempt from valuation

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for taxation the real property situated in the city and owned and occupied by any person over the

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age of sixty-five (65) years which exemption is in an amount not exceeding nine thousand dollars

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($9,000) and which exemption is in addition to any and all other exemptions from taxation to

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which the person may be otherwise entitled. The exemption shall be applied uniformly and

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without regard to ability to pay.

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      (2) The city council of the city of Cranston may, by ordinance, exempt from valuation

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for taxation the property subject to the excise tax situated in the city and owned by any person

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over the age of sixty-five (65) years, not owning real property, which exemption is in an amount

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not exceeding three thousand dollars ($3,000) and which exemption is in addition to any and all

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other exemptions from taxation to which the person may be otherwise entitled. The exemption

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shall be applied uniformly and without regard to ability to pay.

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      (d) East Greenwich. - The town council of the town of East Greenwich may, by

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ordinance, and upon any terms and conditions that it deems reasonable, exempt from taxation the

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real estate situated in the town of East Greenwich owned and occupied by any resident of the age

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of sixty-five (65) to seventy (70) sixty-nine (69) years, as of the preceding December 31st up to

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an amount of twenty-six thousand dollars ($26,000) five hundred fifteen dollars ($515); or, of the

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age of seventy (70) to seventy-five (75) seventy-four (74) years, as of the preceding December

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31st up to an amount of thirty-four thousand dollars ($34,000) seven hundred seventy-one dollars

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($771); or, of the age of seventy-five (75) to eighty (80) seventy-nine (79) years, as of the

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preceding December 31st up to an amount of forty-two thousand dollars ($42,000) one thousand

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twenty-nine thousand dollars ($1,029); or, of the age of eighty (80) to eighty-five (85) eighty-four

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(84) years, as of the preceding December 31st up to an amount of fifty thousand dollars ($50,000)

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one thousand five hundred forty-two dollars ($1,542); or, of the age of eighty-five (85) years or

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more, as of the preceding December 31st up to an amount of fifty-eight thousand dollars

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($58,000) one thousand five hundred fifty dollars ($1,550), and which exemption is in addition to

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any and all other exemptions from taxation to which the resident may otherwise be entitled. The

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exemption shall be applied uniformly and without regard to ability to pay. Only one exemption

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shall be granted to cotenants, joint tenants, and tenants by the entirety, even though all the

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cotenants, joint tenants, and tenants by the entirety are eligible for an exemption pursuant to this

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subsection. The exemption applies to a life tenant who has the obligation for payment of the tax

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on real estate.

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      (e) Lincoln. - The town council of the town of Lincoln may, by ordinance, exempt from

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taxation the real property, situated in said town, owned and occupied for a period of five (5) years

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by any person over the age of sixty-five (65) years, which exemption shall be in an amount not

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exceeding twenty-four thousand four hundred and forty dollars ($24,440) of valuation, and which

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exemption shall be in addition to any and all other exemptions from taxation to which said person

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may be otherwise entitled. Said exemption shall be applied uniformly and without regard to

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ability to pay.

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      (f) North Providence. - The town council of the town of North Providence may, by

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ordinance, exempt from valuation for taxation the real property located within the town of any

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person sixty-five (65) years or over, which exemption is in amount not exceeding ten thousand

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dollars ($10,000) of valuation and which exemption shall be in addition to any and all other

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exemptions from taxation and tax credits to which the person may be entitled by this chapter or

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any other provision of law.

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      (g) Tiverton. - The town council of the town of Tiverton may, by ordinance, exempt

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from taxation the real property situated in the town owned and occupied by any person over the

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age of sixty-five (65) years, and which exemption is in an amount not exceeding ten thousand

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dollars ($10,000) of valuation, and which exemption is in addition to any and all other

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exemptions from taxation to which the person may be otherwise entitled. The exemption shall be

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applied uniformly and without regard to ability to pay. Only one exemption shall be granted to

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cotenants, joint tenants, and tenants by the entirety, even though all of the cotenants, joint tenants,

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and tenants by the entirety are sixty-five (65) years of age or over. The exemption applies to a life

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tenant who has the obligation for the payment of the tax on real property.

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      (h) Warren. - The town council of the town of Warren may, by ordinance, exempt from

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taxation the real property situated in the town owned and occupied by any person over the age of

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sixty-five (65) years, and which exemption is in amount not exceeding twenty-eight thousand

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nine hundred dollars ($28,900) of valuation and which exemption is in addition to any and all

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other exemptions from taxation to which the person may be otherwise entitled. The exemption

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shall be applied uniformly and without regard to ability to pay. Only one exemption shall be

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granted to cotenants, joint tenants, and tenants by the entirety, even though all of the cotenants,

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joint tenants, and tenants by the entirety are sixty-five (65) years of age or over. The exemption

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applies to a life tenant who has the obligation for the payment of the tax on the real property.

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      (i) Warwick. - The finance director of the city of Warwick may, by ordinance, exempt

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from taxation owner occupied residential real property or personal property located within the

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city of any person sixty-five (65) years or over, which exemption is in an amount not exceeding

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twelve thousand dollars ($12,000) of valuation and which exemption is in addition to any and all

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other exemptions from taxation and tax credits to which the person may be entitled by this

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chapter or any other provision of law.

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      (j) Westerly. - The town council of the town of Westerly may, by ordinance, exempt

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from taxation a real property situated in the town owned and occupied for a period of five (5)

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years next prior to filing of an application for a tax exemption, by any person over the age of

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sixty-five (65) years, and which exemption is in an amount and pursuant to any income

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limitations that the council may prescribe in the ordinance from time to time, and which

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exemption is in addition to any and all other exemptions from taxation to which the person may

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be otherwise entitled. The exemption shall be applied uniformly and without regard to ability to

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pay. Only one exemption shall be granted to cotenants, joint tenants, and tenants by the entirety,

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even though all of the cotenants, joint tenants, and tenants by the entirety are sixty-five (65) years

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of age or over. The exemption applies to a life tenant who has the obligation for the payment of

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the tax on real property.

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     SECTION 2. This act shall take effect upon passage.

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LC02707

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TAXATION - PROPERTY SUBJECT TO TAXATION

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     This act would make a number of changes and clarifications in the structure of the real

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estate tax exemption for the elderly in the town of East Greenwich.

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     This act would take effect upon passage.

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LC02707

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