Chapter 259
2013 -- H 6233
Enacted 07/15/13
A N A C T
RELATING TO
TAXATION - PROPERTY SUBJECT TO TAXATION
Introduced By: Representatives Marshall, Shekarchi, and Malik
Date Introduced: June 12, 2013
It is enacted by the General
Assembly as follows:
SECTION 1. Sections 44-3-4, 44-3-5, 44-3-12, 44-3-13 and
44-3-15 of the General Laws
in Chapter 44-3 entitled "Property Subject to
Taxation" are hereby amended to read as follows:
44-3-4.
Veterans' exemptions. -- (a) (1) The property of each person who served in the
military or naval service of the
war, the insurrection in the
property of each person who served in the military or naval
service of the
War II at any time during the period beginning
December 7, 1941, and ending on December 31,
1946, and the property of each person who served in
the military or naval services of the United
States in the Korean conflict at any time during the
period beginning June 27, 1950 and ending
January 31, 1955 or in the
1961 and ending May 7, 1975 or who actually served in
the
1983-1984, or the
Bosnian conflict, at any time during the period
beginning August 2, 1990 and ending May 1,
1994, or in any conflict or undeclared war for which a
campaign ribbon or expeditionary medal
was earned, and who was honorably discharged from the
service, or who was discharged under
conditions other than dishonorable, or who, if not discharged,
served honorably, or the property
of the unmarried widow or widower of that person, is
exempted from taxation to the amount of
one thousand dollars ($1,000), except in:
(i)
Burrillville , where the exemption is four thousand
dollars ($4,000);
(ii)
of a maximum of twenty-three thousand seven hundred
seventy-two dollars ($23,772);
(iii)
(iv)
not exceeding five thousand dollars ($5,000);
(v)
where the town council may also provide for a real estate
tax exemption not exceeding ten
thousand dollars ($10,000) for those honorably discharged
active duty veterans who served in
(vi)
(vii) New Shoreham , where the town council may, by ordinance, provide
for an
exemption of a maximum of thirty-six thousand four hundred
fifty dollars ($36,450);
(viii)
(ix)
exemption of a maximum of five thousand dollars ($5,000);
(x)
(xi)
($5,500) on motor vehicles, or nine thousand six
hundred dollars ($9,600) nine thousand five
hundred eighty-four dollars ($9,584) on real property.
(xii)
total value of the veterans' real and personal property to
a maximum of forty thousand five
hundred dollars ($40,500);
(xiii)
of six thousand dollars ($6,000) for real property;
(xiv)
(xv) Glocester ,
where the exemption shall not exceed thirty thousand dollars ($30,000).
(xvi)
($170).
(2) The exemption is
applied to the property in the municipality where the person resides
and if there is not sufficient property to exhaust the
exemption, the person may claim the balance
in any other city or town where the person may own
property; provided, that the exemption is not
allowed in favor of any person who is not a legal resident of
the state, or unless the person
entitled to the exemption has presented to the assessors, on
or before the last day on which sworn
statements may be filed with the assessors for the year for
which exemption is claimed, evidence
that he or she is entitled, which evidence shall stand so long
as his or her legal residence remains
unchanged; provided, however, that in the town of
exemption shall present to the assessors, at least five (5)
days prior to the certification of the tax
roll, evidence that he or she is entitled to the
exemption; and, provided, further, that the
exemption provided for in this subdivision to the extent that
it applies in any city or town shall be
applied in full to the total value of the person's real and
tangible personal property located in the
city or town; and, provided, that there is an additional
exemption from taxation in the amount of
one thousand dollars ($1,000), except in:
(i)
a maximum of seven thousand five hundred dollars
($7,500);
(ii)
(iii)
of a maximum of twenty-two thousand five hundred dollars
($22,500);
(iv)
(v)
(vi) New Shoreham , where the town council may, by ordinance, provide
for an
exemption of a maximum of thirty-six thousand four hundred
fifty dollars ($36,450);
(vii)
exemption of a maximum of five thousand dollars ($5,000);
(viii)
(ix)
and
(x)
six thousand dollars ($6,000) for real property; of the
property of every honorably discharged
veteran of World War I or World War II, Korean or
Vietnam, Grenada or Lebanon conflicts, the
time during the period beginning August 2, 1990 and ending
May 1, 1994, or in any conflict or
undeclared war for which a campaign ribbon or expeditionary
medal was earned, who is
determined by the Veterans Administration of the
through service connected disability and who presents to the
assessors a certificate from the
veterans administration that the person is totally disabled,
which certificate remains effectual so
long as the total disability continues.
(3) Provided, that:
(i)
Burrillville may exempt real property of the totally disabled persons in the
amount of
six thousand dollars ($6,000);
(ii)
maximum of twenty-two thousand five hundred dollars
($22,500);
(iii) Little
disabled persons in the amount of six thousand dollars
($6,000);
(iv)
the amount of five thousand dollars ($5,000);
(v) New Shoreham town
council may, by ordinance, provide for an exemption of a
maximum of thirty-six thousand four hundred fifty dollars
($36,450);
(vi)
maximum of five thousand dollars ($5,000);
(vii) Tiverton town
council may, by ordinance, exempt real property of each of the
totally disabled persons in the amount of five thousand
dollars ($5,000), subject to voters'
approval at the financial town meeting;
(viii)
disabled persons in an amount of two hundred dollars ($200);
and
(ix) Westerly town
council may, by ordinance, provide for an exemption on the total
value of real and personal property to a maximum of
forty-six thousand five hundred dollars
($46,500).
(4) There is an
additional exemption from taxation in the town of:
exceeding eight thousand two hundred fifty dollars ($8,250), of
the property of every honorably
discharged veteran of World War I or World War II, or
the
any time during the period beginning August 2, 1990 and
ending May 1, 1994, or in any conflict
or undeclared war for which a campaign ribbon or
expeditionary medal was earned, who is
determined by the Veterans' Administration of the
disabled through a service connected disability and who
presents to the assessors a certificate that
he is partially disabled, which certificate remains
effectual so long as the partial disability
continues. Provided, however, that the
of the above named persons in the amount of three
thousand dollars ($3,000);
council may, by ordinance, exempt real property of each of
the above named persons and to any
person who served in any capacity in the military or naval
service during the period of time of the
conflict, in the amount of two thousand dollars ($2,000).
(5)
the property of each person who actually served in the
military or naval service of the United
States in the
was discharged under conditions other than dishonorable,
or who, if not discharged, served
honorably, or of the unmarried widow or widower of that person.
The exemption shall be
determined by the town council in an amount not to exceed ten
thousand dollars ($10,000).
(b) In addition to the
exemption provided in subsection (a) of this section, there is a ten-
thousand dollar ($10,000) exemption from local taxation on
real property for any veteran and the
unmarried widow or widower of a deceased veteran of the
military or naval service of the United
States who is determined, under applicable federal law
by the Veterans Administration of the
disability has received assistance in acquiring "specially
adopted housing" under laws
administered by the veterans' administration; provided, that the
real estate is occupied as his or
her domicile, by the person; and, provided, that if the
property is designed for occupancy by more
than one family then only that value of so much of the
house as is occupied by the person as his
or her domicile is exempted; and, provided, that
satisfactory evidence of receipt of the assistance
is furnished to the assessors except in:
(1)
(2)
seven thousand five hundred dollars ($7,500);
(3)
(10%) of assessed valuation, whichever is greater;
(4) New Shoreham , where the town council may, by ordinance, provide
for an
exemption of a maximum of thirty-six thousand four hundred
fifty dollars ($36,450);
(5)
exemption not to exceed twelve thousand five hundred dollars
($12,500);
(6)
maximum of forty thousand five hundred dollars ($40,500); and
(7)
maximum of fifteen thousand dollars ($15,000).
(c) In addition to the
previously provided exemptions, any veteran of the military or
naval service of the
Veterans' Administration of the
disability may, by ordinance, passed in the city or town where
the veteran's property is assessed
receive a ten thousand dollar ($10,000) exemption from local
taxation on his or her property
whether real or personal and if the veteran owns real
property may be exempt from taxation by
any fire and/or lighting district; provided, that in the
town of:
amount of the exemption shall be eleven thousand dollars
($11,000) commencing with the
December 31, 2002 assessment, and for the town of
shall be thirty-nine thousand dollars ($39,000) commencing
with the December 31, 2005
assessment, and in the town of
forty-seven thousand five hundred forty-four dollars ($47,544).
(d) In determining
whether or not a person is the widow or widower of a veteran for the
purposes of this section, the remarriage of the widow or widower
shall not bar the furnishing of
the benefits of the section if the remarriage is void,
has been terminated by death, or has been
annulled or dissolved by a court of competent jurisdiction.
(e) In addition to the
previously provided exemptions, there may by ordinance passed in
the city or town where the person's property is assessed
be an additional fifteen thousand dollars
($15,000) exemption from local taxation on real and
personal property for any veteran of military
or naval service of the
or shall be classified as, or determined to be, a
prisoner of war by the Veterans' Administration of
the
maximum of sixty-eight thousand dollars ($68,000).
maximum of forty-seven thousand five hundred forty-four dollars
($47,544).
(f) Cities and towns
granting exemptions under this section shall use the eligibility dates
specified in this section.
(g) The several cities
and towns not previously authorized to provide an exemption for
those veterans who actually served in the
amount authorized in this section for veterans of other
recognized conflicts.
(h)
any veteran and the unmarried widow or widower of a
deceased veteran of military or naval
service of the
Administration of the
(i)
In addition to the previously provided exemption, any veteran who is discharged
from
the military or naval service of the
officer who is honorably separated from military or naval
service, who is determined, under
applicable federal law by the Veterans Administration of the
permanently disabled through a service connected disability, who
owns a specially adapted
homestead, which has been acquired or modified with the
assistance of a special adaptive housing
grant from the Veteran's Administration and that meets
Veteran's Administration and Americans
with disability act guidelines from adaptive housing or
which has been acquired or modified,
using proceeds from the sale of any previous homestead,
which was acquired with the assistance
of a special adaptive housing grant from the veteran's
administration, the person or the person's
surviving spouse is exempt from all taxation on the homestead.
Provided, that in the town of
hundred dollars ($46,500).
(j) The town of
exemption for any person who is an active member of the armed
forces of the
44-3-5.
Gold star parents' exemption. -- (a) The property of every person whose son or
daughter has served with the armed forces of the
life as a result of his or her service with the armed
forces of the
providing the death was determined to be in the line of duty,
shall be exempted from taxation to
the amount of three thousand dollars ($3,000) in
accordance with similar provisions of section
44-3-4 applying to honorably discharged veterans of
the armed forces; provided, that there shall
be but one exemption granted where both parents of the
deceased son or daughter are living;
provided:
(1)
taxation not to exceed forty-five hundred dollars ($4,500);
(2)
taxation not to exceed nine thousand two hundred dollars
($9,200) nine thousand two hundred
fifteen dollars ($9,215);
(3)
not to exceed twenty-three thousand seven hundred
seventy-two dollars ($23,772) for persons
receiving a gold star exemption;
(4)
exemption not to exceed five thousand dollars ($5,000) for
persons receiving a gold star
exemption;
(5)
exceed six thousand dollars ($6,000) for persons receiving a
gold star exemption;
(6)
total value of real and personal property not to exceed
forty-six thousand five hundred dollars
($46,500);
(7)
exceed six thousand dollars ($6,000) for real property for
persons receiving a gold star
exemption;
(8)
the total value of real and personal property not to
exceed five thousand dollars ($5,000); and
(9)
exceed five thousand dollars ($5,000) for persons receiving
a gold star exemption.
(10)
exemption not to exceed two hundred twenty-five dollars ($225)
for person receiving a gold star
exemption.
(b) The adjustment
shall be made to reflect the same monetary savings that appeared on
the property tax bill that existed for the year prior to
reevaluation of the real property. If any
provision of this section is held invalid, the remainder of
this section and the application of its
provisions shall not be affected by that invalidity.
44-3-12. Visually impaired persons -- Exemption. -- (a) The property of each person
who has permanent impairment of both eyes of the
following status: central visual acuity of
twenty/two hundred (20/200) or less in the better eye, with
corrective glasses, or central visual
acuity of more than twenty/two hundred (20/200) if there is
a field defect in which the peripheral
field has contracted to the extent that the widest diameter
of visual field subtends an angular
distance no greater than twenty (20) degrees in the better
eye, shall be exempted from taxation to
the amount of six thousand dollars ($6,000), except for
the towns of:
Tiverton.
- Which exemption shall be seven thousand five hundred dollars ($7,500); and
thirty-eight
thousand five hundred fifty dollars
($38,550) thirty-eight
thousand five hundred twenty dollars ($38,520); and
property. The exemption shall apply to the property in the
municipality where the person resides,
and if there is not sufficient property to exhaust the
exemption, the person may proclaim the
balance in any city or town where he or she may own property;
except for the town of
($47,544); and
and personal property not to exceed twenty-nine thousand
dollars ($29,000). The city or town
council of any city or town may, by ordinance, increase the
exemption within the city or town to
an amount not to exceed twenty-two thousand five hundred
dollars ($22,500). The exemption
shall not be allowed in favor of any person who is not a
legal resident of the state, or unless the
person entitled to the exemption shall have presented to the
assessors, on or before the last day on
which sworn statements may be filed with the assessors for
the year for which exemption is
claimed, due evidence that he or she is so entitled, which
evidence shall stand so long as his or
her legal residence remains unchanged. The exemption
provided for in this section, to the extent
that it shall apply to any city or town, shall be applied
in full to the total value of the person's real
and tangible personal property located in the city or
town and shall be applied to intangible
personal property only to the extent that there is not
sufficient real property or tangible personal
property to exhaust the exemption. This exemption shall be in
addition to any other exemption
provided by law except as provided in section 44-3-25.
($335).
(b) In each city or
town that has not increased the exemption provided by subsection (a)
of this section above the minimum of six thousand
dollars ($6,000), except for the towns of:
Tiverton.
- Which exemption shall be seven thousand five hundred dollars ($7,500); and
property. The exemption shall increase automatically each year
by the same percentage as the
percentage increase in the total amount of taxes levied by the
city or town. The automatic
increase shall not apply to cities or towns that have
increased the exemption provided by
subsection (a) of this section above the minimum of six thousand
dollars ($6,000), except for the
towns of:
Tiverton.
- Which exemption shall be seven thousand five hundred dollars ($7,500); and
property. If the application of the automatic increase to an exemption
of six thousand dollars
($6,000) on a continuous basis from December 31, 1987,
to any subsequent assessment date
would result in a higher exemption than the exemption
enacted by the city or town council, then
the amount provided by the automatic increase applies.
44-3-13.
Persons over the age of 65 years -- Exemption. -- (a)
resident over the age of sixty-five (65) years, as of the
preceding December 31st; or, over the age
of seventy (70) years, as of the preceding December
31st; or, over the age of seventy-five (75)
years, as of the preceding December 31st, and which
exemption is in addition to any and all other
exemptions from taxation to which the resident may otherwise be
entitled. The exemption shall
be applied uniformly and without regard to ability to
pay. Only one exemption shall be granted to
cotenants, joint tenants, and tenants by the entirety, even
though all the cotenants, joint tenants
and tenants by the entirety are sixty-five (65) years of
age or over as of the preceding December
31st. The exemption applies to a life tenant who has
the obligation for payment of the tax on real
estate. The town council of the town of
exemption.
(b)
real or personal property located within the city of any
person sixty-five (65) years or over, which
exemption shall be in an amount not exceeding seven thousand
five hundred dollars ($7,500) of
valuation and which exemption is in addition to any and all
other exemptions from taxation and
tax credits to which the person may be entitled by this
chapter or any other provision of law.
(c)
(1) The city council of
the city of
for taxation the real property situated in the city and
owned and occupied by any person over the
age of sixty-five (65) years which exemption is in an
amount not exceeding nine thousand dollars
($9,000) and which exemption is in addition to any and
all other exemptions from taxation to
which the person may be otherwise entitled. The exemption
shall be applied uniformly and
without regard to ability to pay.
(2) The city council of
the city of
for taxation the property subject to the excise tax situated
in the city and owned by any person
over the age of sixty-five (65) years, not owning real
property, which exemption is in an amount
not exceeding three thousand dollars ($3,000) and which
exemption is in addition to any and all
other exemptions from taxation to which the person may be
otherwise entitled. The exemption
shall be applied uniformly and without regard to ability to
pay.
(d) East
ordinance, and upon any terms and conditions that it deems
reasonable, exempt from taxation the
real estate situated in the town of
of sixty-five (65) to seventy (70) years, as of the
preceding December 31st up to an amount of
twenty-six thousand dollars ($26,000); or, of the age of
seventy (70) to seventy-five (75) years, as
of the preceding December 31st up to an amount of
thirty-four thousand dollars ($34,000); or, of
the age of seventy-five (75) to eighty (80) years, as of
the preceding December 31st up to an
amount of forty-two thousand dollars ($42,000); or, of the
age of eighty (80) to eighty-five (85)
years, as of the preceding December 31st up to an amount of
fifty thousand dollars ($50,000); or,
of the age of eighty-five (85) years or more, as of the
preceding December 31st up to an amount
of fifty-eight thousand dollars ($58,000), and which
exemption is in addition to any and all other
exemptions from taxation to which the resident may otherwise be
entitled. The exemption shall
be applied uniformly and without regard to ability to
pay. Only one exemption shall be granted to
cotenants, joint tenants, and tenants by the entirety, even
though all the cotenants, joint tenants,
and tenants by the entirety are eligible for an exemption
pursuant to this subsection. The
exemption applies to a life tenant who has the obligation for
payment of the tax on real estate.
(e)
taxation the real property, situated in said town, owned and
occupied for a period of five (5) years
by any person over the age of sixty-five (65) years,
which exemption shall be in an amount not
exceeding twenty-four thousand four hundred and forty dollars
($24,440) of valuation, and which
exemption shall be in addition to any and all other exemptions
from taxation to which said person
may be otherwise entitled. Said exemption shall be
applied uniformly and without regard to
ability to pay.
(f)
ordinance, exempt from valuation for taxation the real property
located within the town of any
person sixty-five (65) years or over, which exemption is in
amount not exceeding ten thousand
dollars ($10,000) of valuation and which exemption shall be
in addition to any and all other
exemptions from taxation and tax credits to which the person may
be entitled by this chapter or
any other provision of law.
(g) Tiverton. - The
town council of the town of
from taxation the real property situated in the town owned
and occupied by any person over the
age of sixty-five (65) years, and which exemption is in
an amount not exceeding ten thousand
dollars ($10,000) of valuation, and which exemption is in
addition to any and all other
exemptions from taxation to which the person may be otherwise
entitled. The exemption shall be
applied uniformly and without regard to ability to pay. Only
one exemption shall be granted to
cotenants, joint tenants, and tenants by the entirety, even
though all of the cotenants, joint tenants,
and tenants by the entirety are sixty-five (65) years of
age or over. The exemption applies to a life
tenant who has the obligation for the payment of the tax on
real property.
(h)
taxation the real property situated in the town owned and
occupied by any person over the age of
sixty-five (65) years, and which exemption is in amount not
exceeding twenty-eight thousand
nine hundred dollars ($28,900) twenty-eight thousand eight hundred seventy-six
dollars ($28,876)
of valuation and which exemption is in addition to any
and all other exemptions from taxation to
which the person may be otherwise entitled. The exemption
shall be applied uniformly and
without regard to ability to pay. Only one exemption shall be
granted to cotenants, joint tenants,
and tenants by the entirety, even though all of the cotenants,
joint tenants, and tenants by the
entirety are sixty-five (65) years of age or over. The
exemption applies to a life tenant who has
the obligation for the payment of the tax on the real
property.
(i)
from taxation owner occupied residential real property or
personal property located within the
city of any person sixty-five (65) years or over, which
exemption is in an amount not exceeding
twelve thousand dollars ($12,000) of valuation and which
exemption is in addition to any and all
other exemptions from taxation and tax credits to which the
person may be entitled by this
chapter or any other provision of law.
(j)
from taxation a real property situated in the town owned
and occupied for a period of five (5)
years next prior to filing of an application for a tax
exemption, by any person over the age of
sixty-five (65) years, and which exemption is in an amount
and pursuant to any income
limitations that the council may prescribe in the ordinance from
time to time, and which
exemption is in addition to any and all other exemptions from
taxation to which the person may
be otherwise entitled. The exemption shall be applied
uniformly and without regard to ability to
pay. Only one exemption shall be granted to cotenants,
joint tenants, and tenants by the entirety,
even though all of the cotenants, joint tenants, and
tenants by the entirety are sixty-five (65) years
of age or over. The exemption applies to a life tenant
who has the obligation for the payment of
the tax on real property.
44-3-15.
Persons who are totally disabled. -- The city or
town councils of the various
cities and towns may provide by ordinance for the freezing
of the rate and valuation of taxes on
the real and personal property located in the city or
town of any head of a household who is one
hundred percent (100%) disabled and unable to work as of the
date of the disability; provided,
that in the town of Hopkinton, the determination of
disability must have been made by the Social
Security Administration or the Veterans'
Administration, the applicant must meet income
requirements established by ordinance which may be amended from
time to time and may include
the aggregate income of the applicant and all other
persons residing with him or her and, upon
attaining the age of sixty-five (65), the person who is totally
disabled is no longer entitled to this
freeze of rate and valuation; provided, that the freeze of
rate and valuation on real property shall
apply only to single-family dwellings in which the person
who is disabled resides; and provided,
further, that the exemption shall not be allowed unless the
person entitled thereto shall have
presented to the assessors, on or before the last day on which
sworn statements may be filed with
the assessors for the year for which the foregoing is
claimed, due evidence that he or she is so
entitled, which evidence shall stand so long as his or her
legal residence remains unchanged. The
foregoing is in addition to any other exemption provided by
law; and provided further that in the
town of nineteen thousand three hundred
dollars
($19,300) nineteen thousand two hundred ninety-one dollars
($19,291).
SECTION 2. This act shall take effect upon passage.
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LC02758
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