Introduced By: Representatives Lopes, Rose, Sullivan and Coelho
Date Introduced : March 18, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Section 44-5-7 of the General Laws in Chapter 44-5 entitled "Levy and Assessment of Local Taxes" is hereby amended to read as follows:
44-5-7. Provision for municipal installment payments. -- {ADD (a) ADD} Every city and town shall make provision for the payment in installments of any tax levied under the provisions of section 44-5-1 by adding to and making a part of the resolution ordering the assessment and the collection of the tax an option permitting persons assessed to pay their taxes in equal quarterly installments if they so desire, {ADD free of any charges, interest, penalities or other assessments ADD} the amounts and dates for payment of the installments to be specified in the resolution; provided, however, that the city or town may provide that the option contained in the resolution shall not apply to any tax levied in an amount not in excess of one hundred dollars ($100) in which case the tax shall be payable in a single installment. {ADD As used in this section, the term "person assessed" shall include (i) the person named in the assessment, the record owner of the property assessed and any attorney, property manager or other person acting on behalf of the person assessed or the record owner of the property assessed and (ii) any mortgagee or other person having a lien or other security interest in the property assessed of any mortgage servicer, tax servicer or agent of any such mortgagee or lienholder. ADD}
{ADD (b) If, prior to the date of passage of this section, a mortgagee, holder of a security interest, mortgage servicer, tax servicer or agent therefof, has been required by the tax collector of the city or town where the property is situated, to pay the tax levied under the provisions of section 44-5-1 in a single installment such tax collector, city or town, mortgagee, holder, mortgage servicer, tax servicer or agent thereof, shall be deemed, with respect to such single installment payment to have complied with applicable law. ADD}
{ADD (c) No tax collector of the city or town where the property assessed is situated shall impose or attempt to impose different requirements relating to payment of taxes based upon whether the person who actually pays the tax is (i) the person named in the assessment, the record owner of the property assessed and any attorney, property manager, or other person acting on behalf of the person assessed or the record owner of the property assessed or (ii) a mortgagee or other person having a lien or other security interest in the property assessed or any mortgage servicer, tax servicer or agent of any of such mortgagee or lienholder. ADD}
{ADD (d) This section shall take effect upon passage provided that and subject to the protections in section 2 of this act, person assessed as defined in subsection (ii) of section 1 of this act may opt to continue to pay the tax assessed as of December 31, 1996 in a single installment if the tax collector of the city or town where the property assessed is situated required such persons to pay the tax levied under the provisions of section 44-5-1 in a single installment. The first sentence of paragraph (d) shall apply notwithstanding that, prior to the date of passage of this section, the tax collector of the city or town where the property assessed is located permits such person to pay the tax levied under the provisions of section 44-5-1 in installments, but only upon payment of a charge, interest, penalty or other assessment. ADD}
{ADD (e) Compliance within this section is mandatory with respect to the tax assessed as of December 31, 1999 and thereafter. ADD}
{ADD(f) This law is nt applicable to any city or town that as of the date of passage of this bill currently offers a discount in exchange for a single installment payment.ADD}
SECTION 2. This act shall take effect upon passage.
