Chapter 036
2025 -- H 6362
Enacted 06/13/2025

A N   A C T
RELATING TO TAXATION -- LEVY AND ASSESSMENT OF LOCAL TAXES

Introduced By: Representative Michelle E. McGaw

Date Introduced: May 23, 2025

It is enacted by the General Assembly as follows:
     SECTION 1. Section 44-5-2 of the General Laws in Chapter 44-5 entitled "Levy and
Assessment of Local Taxes" is hereby amended to read as follows:
     44-5-2. Maximum levy.
     (a) Through and including its fiscal year 2007, a city or town may levy a tax in an amount
not more than five and one-half percent (5.5%) in excess of the amount levied and certified by that
city or town for the prior year. Through and including its fiscal year 2007, but in no fiscal year
thereafter, the amount levied by a city or town is deemed to be consistent with the five and one-
half percent (5.5%) levy growth cap if the tax rate is not more than one hundred and five and one-
half percent (105.5%) of the prior year’s tax rate and the budget resolution or ordinance, as
applicable, specifies that the tax rate is not increasing by more than five and one-half percent (5.5%)
except as specified in subsection (c) of this section. In all years when a revaluation or update is not
being implemented, a tax rate is deemed to be one hundred five and one-half percent (105.5%) or
less of the prior year’s tax rate if the tax on a parcel of real property, the value of which is unchanged
for purpose of taxation, is no more than one hundred five and one-half percent (105.5%) of the
prior year’s tax on the same parcel of real property. In any year through and including fiscal year
2007 when a revaluation or update is being implemented, the tax rate is deemed to be one hundred
five and one-half percent (105.5%) of the prior year’s tax rate as certified by the division of property
valuation and municipal finance in the department of revenue.
     (b) In its fiscal year 2008, a city or town may levy a tax in an amount not more than five
and one-quarter percent (5.25%) in excess of the total amount levied and certified by that city or
town for its fiscal year 2007. In its fiscal year 2009, a city or town may levy a tax in an amount not
more than five percent (5%) in excess of the total amount levied and certified by that city or town
for its fiscal year 2008. In its fiscal year 2010, a city or town may levy a tax in an amount not more
than four and three-quarters percent (4.75%) in excess of the total amount levied and certified by
that city or town in its fiscal year 2009. In its fiscal year 2011, a city or town may levy a tax in an
amount not more than four and one-half percent (4.5%) in excess of the total amount levied and
certified by that city or town in its fiscal year 2010. In its fiscal year 2012, a city or town may levy
a tax in an amount not more than four and one-quarter percent (4.25%) in excess of the total amount
levied and certified by that city or town in its fiscal year 2011. In its fiscal year 2013 and in each
fiscal year thereafter, a city or town may levy a tax in an amount not more than four percent (4%)
in excess of the total amount levied and certified by that city or town for its previous fiscal year.
For purposes of this levy calculation, taxes levied pursuant to chapters 34 and 34.1 of this title shall
not be included. For FY 2018, in the event that a city or town, solely as a result of the exclusion of
the motor vehicle tax in the new levy calculation, exceeds the property tax cap when compared to
FY 2017 after taking into account that there was a motor vehicle tax in FY 2017, said city or town
shall be permitted to exceed the property tax cap for the FY 2018 transition year, but in no event
shall it exceed the four percent (4%) levy cap growth with the car tax portion included; provided,
however, nothing herein shall prohibit a city or town from exceeding the property tax cap if
otherwise permitted pursuant to subsection (d) of this section.
     (c) The division of property valuation in the department of revenue shall monitor city and
town compliance with this levy cap, issue periodic reports to the general assembly on compliance,
and make recommendations on the continuation or modification of the levy cap on or before
December 31, 1987, December 31, 1990, and December 31, every third year thereafter. The chief
elected official in each city and town shall provide to the division of property and municipal finance
within thirty (30) days of final action, in the form required, the adopted tax levy and rate and other
pertinent information.
     (d) The amount levied by a city or town may exceed the percentage increase as specified
in subsection (a) or (b) of this section if the city or town qualifies under one or more of the following
provisions:
     (1) The city or town forecasts or experiences a loss in total non-property tax revenues and
the loss is certified by the department of revenue.
     (2) The city or town experiences or anticipates an emergency situation, which causes or
will cause the levy to exceed the percentage increase as specified in subsection (a) or (b) of this
section. In the event of an emergency or an anticipated emergency, the city or town shall notify the
auditor general who shall certify the existence or anticipated existence of the emergency. Without
limiting the generality of the foregoing, an emergency shall be deemed to exist when the city or
town experiences or anticipates health insurance costs, retirement contributions, or utility
expenditures that exceed the prior fiscal year’s health insurance costs, retirement contributions, or
utility expenditures by a percentage greater than three (3) times the percentage increase as specified
in subsection (a) or (b) of this section.
     (3) A city or town forecasts or experiences debt services expenditures that exceed the prior
year’s debt service expenditures by an amount greater than the percentage increase as specified in
subsection (a) or (b) of this section and that are the result of bonded debt issued in a manner
consistent with general law or a special act. In the event of the debt service increase, the city or
town shall notify the department of revenue which shall certify the debt service increase above the
percentage increase as specified in subsection (a) or (b) of this section the prior year’s debt service.
No action approving or disapproving exceeding a levy cap under the provisions of this section
affects the requirement to pay obligations as described in subsection (d) of this section.
     (4) The city or town experiences substantial growth in its tax base as the result of major
new construction that necessitates either significant infrastructure or school housing expenditures
by the city or town or a significant increase in the need for essential municipal services and such
increase in expenditures or demand for services is certified by the department of revenue.
     (e) Any levy pursuant to subsection (d) of this section in excess of the percentage increase
specified in subsection (a) or (b) of this section shall be approved by the affirmative vote of at least
four-fifths (⅘) of the full membership of the governing body of the city or town, or in the case of a
city or town having a financial town meeting, the majority of the electors present and voting at the
town financial meeting shall also approve the excess levy.
     (f) Nothing contained in this section constrains the payment of present or future obligations
as prescribed by § 45-12-1, and all taxable property in each city or town is subject to taxation
without limitation as to rate or amount to pay general obligation bonds or notes of the city or town
except as otherwise specifically provided by law or charter.
     (g) Notwithstanding anything to the contrary, the town of Little Compton is permitted a
one-year levy cap exemption for fiscal year 2026 not to exceed twelve percent (12%), and subject
to approval by the Little Compton Financial Town Meeting.
     SECTION 2. This act shall take effect upon passage.
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LC002970
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