Chapter 247

2007 -- S 0180 SUBSTITUTE A

Enacted 07/03/07

A N A C T

RELATING TO TAXATION -- LEVY AND ASSESSMENT OF LOCAL TAXES

Introduced By: Senator Walter S. Felag

Date Introduced: January 31, 2007

It is enacted by the General Assembly as follows:

     SECTION 1. Section 44-5-13.37 of the General Laws in Chapter 44-5 entitled "Levy and

Assessment of Local Taxes" is hereby amended to read as follows:

44-5-13.37. Assessment and taxation of new real estate construction in the town of

Warren Assessment and taxation of new real estate construction and new lots in the town of

Warren. -- (a) Completed new construction of real estate in the town of Warren completed after

any assessment date is liable for the payment of municipal taxes from the date the certificate of

occupancy is issued or the date on which the new construction is first used for the purpose for

which it was constructed, whichever is earlier, prorated for the assessment year in which the new

construction is completed. New lots created after the assessment date will be assessed and

prorated as of the date of recording of the plat containing those lots. The prorated tax is computed

on the basis of the rate of tax applicable with respect to the property, including the applicable rate

of tax in any tax district in which the property is subject to tax following completion of the new

construction, on the date the property becomes liable for the prorated tax in accordance with this

section.

     (b) The building official issuing the certificate shall, within ten (10) days after issuing the

certificate, notify the assessor of the issuance of the certificate of occupancy.

(c) The planning department shall notify the assessor within ten (10) days of the

recording of the plat containing new lots.

(c) (d) Not later than ninety (90) days after receipt by the assessor of the notice from the

building inspector or from a determination by the assessor that the new construction is being used

for the purpose for which it was constructed, the assessor shall determine the increment by which

the assessment for the completed construction exceeds the assessment on the tax roll for the

immediately preceding assessment date. The assessor shall prorate the amount from the date of

issuance of the certificate of occupancy or the date on which the new construction was first used

for the purpose for which it was constructed, as the case may be, to the assessment date

immediately following and shall add the increment as so prorated to the tax roll for the

immediately preceding assessment date and shall within five (5) days notify the record owner as

appearing on the tax roll and tax collector of the additional assessment.

(e) Not later than ninety (90) days after receiving notice that a plat containing a new lot

or lots has been recorded, the assessor will assess the new lot as if the lot had been in existence on

the immediately preceding assessment date. However, the assessor shall prorate the amount from

the date of recording of the plat containing the new lot.

(d) (f) Any person claiming to be aggrieved by the action of the assessor under this

section may appeal to the assessment board of review within sixty (60) days from notification of

the additional assessment or to superior court as provided.

(e) (g) Upon receipt of the notice from the assessor, the tax collector shall, if the notice is

received after the normal billing date, within ten (10) days thereafter mail or hand a bill to the

owner based upon an amount prorated by the assessor. The tax is due and payable and collectible

as other municipal taxes, tax is due and payable in an initial or single installment due and payable

not sooner than thirty (30) days after the date the bill is mailed or handed to the owner, and in any

remaining, regular installments, as they are due and payable, and the several installments of a tax

due and payable are equal.

(f) (h) Nothing in this section authorizes the collection of taxes twice in respect of the

land upon which the new construction is located.

(g) (i) This section applies only to taxes levied and properly assessed in the town of

Warren.

     SECTION 2. This act shall take effect upon passage.

=======

LC00898/SUB A

=======