CHAPTER 382

95-H 6825

Approved Aug. 7, 1995.

AN ACT RELATING TO TAXATION

It is enacted by the General Assembly as follows:

SECTION 1. Section 44-3-12 of the General Laws in Chapter 44-3 entitled "Property Subject to Taxation" is hereby amended to read as follows:

{ADD 44-3-12. ADD} {DEL Blind person's exemption. DEL} {ADD Exemption of persons visually impaired. -- ADD} (a) The property of each person who has permanent impairment of both eyes of the following status: central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than twenty degrees (20) in the better eye, shall be exempted from taxation to the amount of six thousand dollars ($6,000), except for the town of Tiverton which exemption shall be seven thousand five hundred dollars ($7,500) which 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; provided further, that 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 eighteen thousand dollars ($18,000); and further provided, however, that 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; and, provided, further, that the exemption herein provided for, to the extent that it shall apply to any city or town, shall be applied in full to the total value of such 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.

(b) In each city or town that has not increased the exemption provided by subsection 44-3-12(a) above the minimum of six thousand dollars ($6,000) except for the town of Tiverton which exemption shall be seven thousand five hundred dollars ($7,500), 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 44-3-12(a) above the minimum of six thousand dollars ($6,000) except for the town of Tiverton which exemption shall be seven thousand five hundred dollars ($7,500); provided, however, that 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 shall apply.

SECTION 2. This act shall take effect upon passage.



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