CHAPTER 23

94-H 9422

Approved Apr. 18, 1994.

AN ACT AMENDING RHODE ISLAND GENERAL LAWS SECTION 44-34-3(b) AND RELATING TO THE ASSESSMENT AND LEVY OF EXCISE TAXES IN THE TOWN OF LINCOLN

It is enacted by the General Assembly as follows:

SECTION 1. Paragraph (b) of section 3 entitled "Assessment Roll -- Rate -- Payment -- Penalty upon non-payment" of Section 34 entitled "Excise on Motor Vehicles and Trailers" of Title 44 of the General Laws entitled "Taxation" is hereby amended to read as follows:

{ADD 44-34-3. Assessment roll -- Rate -- Payment -- Penalty upon nonpayment. -- ADD} (a) The assessor, on the basis of a list of uniform values for motor vehicles prepared by the Rhode Island vehicle value commission pursuant to section 44-34-8 shall make a list containing the value of every vehicle and trailer in the town which is subject to the provisions of section 44-34-2, the values to be at the average retail price as determined under section 44-34-2 or at a uniform percentage thereof, not to exceed one hundred percent (100%), to be determined by the assessors in each city or town; provided, however, that every vehicle and trailer in the city of Pawtucket shall be assessed in accordance with sections 44-5-20.1 and 44-5-20.2.

(b) The excise tax levy shall be applied to the excise assessment roll at the rate established by the assessors for all other property except manufacturer's machinery and equipment in accordance with section 44-5-22 and the resulting tax roll certified by the assessors to the town clerk, town treasurer, or tax collector, as the case may be, not later than the fifteenth (15th) day of June next succeeding; provided, however, prior to the resulting tax roll being certified to the Pawtucket city clerk, the excise levy shall be applied to the excise assessment roll in accordance with the property tax classification described in sections 44-5-20.3 and 44-5-20.5; provided further, however, that in the city of Woonsocket, the excise tax levy shall be applied to the excise assessment roll at a rate that will produce no more than nineteen percent (19%) of the total tax levy as prescribed in section 44-5-11 {ADD ; provided, further, however, that in the town of Lincoln, the excise tax levy shall be applied to the excise assessment roll at a rate that will produce an amount equal to no more than seventeen percent (17%) of the total real estate tax levy ADD} .

(c) If any vehicle or trailer liable to taxation in any city or town has been omitted from the tax roll the tax assessor shall assess the vehicle or trailer on a supplemental excise assessment roll and shall certify the assessment to the tax collector after the fifteenth day of June, but not later than the thirty-first day of December next succeeding.

(d) As soon thereafter as possible, the tax collector shall cause excise bills to be sent by first class mail to all persons, corporations, partnerships, joint stock companies, or associations that have registered vehicles or trailers during the calendar year of proration. The bills shall be paid in accordance with section 44-5-7 at the same time and on the same schedule as property tax bills. Failure to pay the excise at the time appropriated shall bring about a penalty of eighteen percent (18%) per annum, or, in the case of the city of Cranston, a penalty of twelve percent (12%) per annum which shall apply on the date of the delinquency or, for any city or town fiscal year commencing between January 1, 1980, and December 31, 1980, after approval by the proper local authority, at the same rate of interest as that which is applied to delinquent property taxes in the taxing jurisdiction.

(e) Failure by the tax collector to send, or by the taxpayer to receive, a bill shall not excuse the nonpayment of the tax or affect its validity or any proceedings for the collection thereof.

(f) This section does not apply to any and all entities which are exempt from the excise as set forth in section 44-34-2.

SECTION 2. {ADD Approval of town electors. -- ADD} Notwithstanding any general or public law to the contrary, the question of the approval of this act shall be submitted to the electors of the town at a special municipal election to be held on the first Tuesday in June, 1994. The question shall be submitted in substantially the following form: "Shall an act passed at the 1994 session of the general assembly, entitled 'An act amending Rhode Island general laws section 44-34-3(b) and relating to the assessment and levy of excise taxes in the town of Lincoln' be approved?" and the warning for the election shall contain the question to be submitted. From the time the special election is warned and until it is held, it shall be the duty of the town clerk to keep a copy of the act available at her office for public inspection, but the validity of the election shall not be affected by this requirement.

SECTION 3. {ADD Severability. -- ADD} The invalidity of any section or sections or parts of any section or sections shall not affect the validity of the remainder of the act.

SECTION 4. {ADD Effective dates. -- ADD} This section and section 2 shall take effect upon the passage of this act. The remainder of this act shall take effect upon the approval of this act by a majority of those voting on the question at the election prescribed by the foregoing section.



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