Rhode Island 2023 Regular Session

Rhode Island House Bill H5951 Compare Versions

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55 2023 -- H 5951
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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO TAXATION -- PROPERTY SUBJECT TO TAXATION
1616 Introduced By: Representative Samuel A. Azzinaro
1717 Date Introduced: March 01, 2023
1818 Referred To: House Municipal Government & Housing
1919 (Office of Veterans Services)
2020
2121 It is enacted by the General Assembly as follows:
2222 SECTION 1. Section 44-3-4 of the General Laws in Chapter 44-3 entitled "Property 1
2323 Subject to Taxation" is hereby amended to read as follows: 2
2424 44-3-4. Veterans’ exemptions. 3
2525 (a)(1) The property of each person who served in the military, national guard or naval 4
2626 service of the United States in the war of the rebellion, the Spanish-American war, the insurrection 5
2727 in the Philippines, the China-relief expedition, or World War I, and the property of each person 6
2828 who served in the military, national guard or naval service of the United States in World War II at 7
2929 any time during the period beginning December 7, 1941, and ending on December 31, 1946, and 8
3030 members who served in uniform during the Cold War between 1947 through 1991, including those 9
3131 members who did not serve in a declared war or conflict and the property of each person who 10
3232 served in the military, national guard or naval services of the United States in the Korean conflict 11
3333 at any time during the period beginning June 27, 1950, and ending January 31, 1955, or in the 12
3434 Vietnam conflict at any time during the period beginning February 28, 1961, and ending May 7, 13
3535 1975, or who actually served in the Grenada or Lebanon conflicts of 1983-1984, or the Persian Gulf 14
3636 conflict, the Haitian conflict, the Somalian conflict, and the Bosnian conflict, at any time during 15
3737 the period beginning August 2, 1990, and ending May 1, 1994, or in any conflict or undeclared war 16
3838 and who was honorably discharged from the service, or who was discharged under conditions other 17
3939 than dishonorable, or who, if not discharged, served honorably, or the property of the unmarried 18
4040 widow or widower of that person, is exempted from taxation to the amount of one thousand dollars 19
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4444 ($1,000), except in: 1
4545 (i) Burrillville, where the exemption is four thousand dollars ($4,000); 2
4646 (ii) Cumberland, where the town council may, by ordinance, provide for an exemption of 3
4747 a maximum of twenty-three thousand seven hundred seventy-two dollars ($23,772); 4
4848 (iii) Cranston, where the exemption shall not exceed three thousand dollars ($3,000); 5
4949 (iv) Jamestown, where the town council may, by ordinance, provide for a tax credit or 6
5050 exemption to any veteran of the United States armed services regardless of their qualified service 7
5151 dates, who was honorably discharged or who was discharged under conditions other than 8
5252 dishonorable; 9
5353 (v) Lincoln, where the exemption shall not exceed ten thousand dollars ($10,000); and 10
5454 where the town council may also provide for a real estate tax exemption not exceeding ten thousand 11
5555 dollars ($10,000) for those honorably discharged active duty veterans who served in Operation 12
5656 Desert Storm; 13
5757 (vi) Newport, where the exemption is four thousand dollars ($4,000); 14
5858 (vii) New Shoreham, where the town council may, by ordinance, provide for an exemption 15
5959 of a maximum of thirty-six thousand four hundred fifty dollars ($36,450); 16
6060 (viii) North Kingstown, where the exemption is ten thousand dollars ($10,000); 17
6161 (ix) North Providence, where the town council may, by ordinance, provide for an 18
6262 exemption of a maximum of five thousand dollars ($5,000); 19
6363 (x) [As amended by P.L. 2015, ch. 168, § 1]. Smithfield, where the exemption is ten 20
6464 thousand dollars ($10,000); 21
6565 (x) [As amended by P.L. 2015, ch. 179, § 1]. Smithfield, where the exemption is four 22
6666 thousand dollars ($4,000). Provided, effective July 1, 2016, the Smithfield town council may, by 23
6767 ordinance, provide for an exemption of a maximum of ten thousand dollars ($10,000); 24
6868 (xi) Warren, where the exemption shall not exceed five thousand five hundred dollars 25
6969 ($5,500) on motor vehicles, or ten thousand one hundred seventy-five dollars ($10,175) on real 26
7070 property; 27
7171 (xii) Westerly, where the town council may, by ordinance, provide an exemption of the 28
7272 total value of the veterans’ real and personal property to a maximum of forty thousand five hundred 29
7373 dollars ($40,500); 30
7474 (xiii) Barrington, where the town council may, by ordinance, provide for an exemption of 31
7575 six thousand dollars ($6,000) for real property; 32
7676 (xiv) Exeter, where the exemption is five thousand dollars ($5,000); 33
7777 (xv) Glocester, where the exemption shall not exceed thirty thousand dollars ($30,000); 34
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8181 (xvi) West Warwick, where the city council may, by ordinance, provide for an exemption 1
8282 of up to ten thousand dollars ($10,000); 2
8383 (xvii) Warwick, where the city council may, by ordinance, provide for an exemption of a 3
8484 maximum of four thousand dollars ($4,000); 4
8585 (xviii) [As added by P.L. 2016, ch. 238, § 1].Charlestown, where the town council may, 5
8686 by ordinance, provide for an additional exemption to any veteran of the United States armed 6
8787 services, regardless of the veteran’s qualified service dates, who was honorably discharged, or to 7
8888 the unmarried widow or widower of that person who is not currently receiving this statutory 8
8989 exemption; 9
9090 (xix) [As added by P.L. 2016, ch. 268, § 1].Charlestown, where the town council may, by 10
9191 ordinance, provide for an additional tax credit to any veteran of the United States armed services, 11
9292 regardless of the veteran’s qualified service dates, who was honorably discharged, or to the 12
9393 unmarried widow or widower of that person who is not currently receiving this statutory exemption; 13
9494 (xx) Narragansett, where the town council may, by ordinance, provide for an exemption 14
9595 of a maximum of twenty thousand dollars ($20,000) from the assessed value of real property, or 15
9696 twelve thousand dollars ($12,000) from the assessed value of a motor vehicle; 16
9797 (xxi) Tiverton, where the town council may provide, by ordinance as may be amended from 17
9898 time to time, a tax credit of two hundred dollars ($200) or greater; and 18
9999 (xxii) North Smithfield, where the town council may provide, by ordinance, as may be 19
100100 amended from time to time, a tax dollar credit reduction of three hundred and fifty dollars ($350) 20
101101 or greater to any veteran as defined in subsection (a)(1) of this section, or a tax dollar credit 21
102102 reduction of two hundred dollars ($200) or greater to the unmarried widow or widower of any 22
103103 veteran as defined in subsection (a)(1) of this section. 23
104104 (2) The exemption is applied to the property in the municipality where the person resides, 24
105105 and if there is not sufficient property to exhaust the exemption, the person may claim the balance 25
106106 in any other city or town where the person may own property; provided, that the exemption is not 26
107107 allowed in favor of any person who is not a legal resident of the state, or unless the person entitled 27
108108 to the exemption has presented to the assessors, on or before the last day on which sworn statements 28
109109 may be filed with the assessors for the year for which exemption is claimed, evidence that he or 29
110110 she is entitled, which evidence shall stand so long as his or her legal residence remains unchanged; 30
111111 provided, however, that in the town of South Kingstown, the person entitled to the exemption shall 31
112112 present to the assessors, at least five (5) days prior to the certification of the tax roll, evidence that 32
113113 he or she is entitled to the exemption; and, provided, further, that the exemption provided for in 33
114114 this subdivision to the extent that it applies in any city or town, shall be applied in full to the total 34
115115
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118118 value of the person’s real and tangible personal property located in the city or town; and, provided, 1
119119 that there is an additional exemption from taxation in the amount of one thousand dollars ($1,000), 2
120120 except in: 3
121121 (i) Central Falls, where the city council may, by ordinance, provide for an exemption of a 4
122122 maximum of seven thousand five hundred dollars ($7,500); 5
123123 (ii) Cranston, where the exemption shall not exceed three thousand dollars ($3,000); 6
124124 (iii) Cumberland, where the town council may, by ordinance, provide for an exemption of 7
125125 a maximum of twenty-two thousand five hundred dollars ($22,500); 8
126126 (iv) Lincoln, where the exemption shall not exceed ten thousand dollars ($10,000); 9
127127 (v) Newport, where the exemption is four thousand dollars ($4,000); 10
128128 (vi) New Shoreham, where the town council may, by ordinance, provide for an exemption 11
129129 of a maximum of thirty-six thousand four hundred fifty dollars ($36,450); 12
130130 (vii) New Shoreham, where the town council may, by ordinance, provide for an exemption 13
131131 of a maximum of five thousand dollars ($5,000); 14
132132 (viii) Smithfield, where the exemption is four thousand dollars ($4,000); 15
133133 (ix) Warren, where the exemption shall not exceed eleven thousand dollars ($11,000); 16
134134 (x) Barrington, where the town council may, by ordinance, provide for an exemption of 17
135135 six thousand dollars ($6,000) for real property; of the property of every honorably discharged 18
136136 veteran of World War I or World War II, Korean or Vietnam, Grenada or Lebanon conflicts, the 19
137137 Persian Gulf conflict, the Haitian conflict, the Somalian conflict and the Bosnian conflict at any 20
138138 time during the period beginning August 2, 1990, and ending May 1, 1994, or in any conflict or 21
139139 undeclared war who is determined by the Veterans Administration of the United States of America 22
140140 to be totally disabled through service-connected disability and who presents to the assessors a 23
141141 certificate from the veterans administration that the person is totally disabled, which certificate 24
142142 remains effectual so long as the total disability continues; 25
143143 (xi) Charlestown, where the town council may, by ordinance, create a tax dollar credit 26
144144 reduction to replace the tax assessment exemption, as so stated in all sections herein; and 27
145145 (xii) Jamestown, where the town council may, by ordinance, provide for an exemption to 28
146146 any veteran of the United States armed services regardless of their qualified service dates, who was 29
147147 honorably discharged or who was discharged under conditions other than dishonorable, or to the 30
148148 unmarried widow or widower of that person who is not currently receiving this statutory exemption. 31
149149 (3) Provided, that: 32
150150 (i) Burrillville may exempt real property of the totally disabled persons in the amount of 33
151151 six thousand dollars ($6,000); 34
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155155 (ii) Cumberland town council may, by ordinance, provide for an exemption of a maximum 1
156156 of twenty-two thousand five hundred dollars ($22,500); 2
157157 (iii) Little Compton may, by ordinance, exempt real property of each of the totally disabled 3
158158 persons in the amount of six thousand dollars ($6,000); 4
159159 (iv) Middletown may exempt the real property of each of the totally disabled persons in the 5
160160 amount of five thousand dollars ($5,000); 6
161161 (v) New Shoreham town council may, by ordinance, provide for an exemption of a 7
162162 maximum of thirty-six thousand four hundred fifty dollars ($36,450); 8
163163 (vi) North Providence town council may, by ordinance, provide for an exemption of a 9
164164 maximum of five thousand dollars ($5,000); 10
165165 (vii) The Tiverton town council may, by ordinance which may be amended from time to 11
166166 time, provide for a four-hundred-dollar ($400) tax credit or greater on the real property of each of 12
167167 the totally disabled persons; 13
168168 (viii) West Warwick town council may exempt the real property of each of the totally 14
169169 disabled persons in an amount of two hundred dollars ($200); 15
170170 (ix) Westerly town council may, by ordinance, provide for an exemption on the total value 16
171171 of real and personal property to a maximum of forty-six thousand five hundred dollars ($46,500); 17
172172 and 18
173173 (x) Jamestown, where the town council may, by ordinance, provide for an additional tax 19
174174 credit or exemption on real and personal property to any veteran of the United States armed services 20
175175 regardless of their qualified service dates, who is considered one hundred percent (100%) totally 21
176176 disabled through a service connected disability and who was honorably discharged or who was 22
177177 discharged under conditions other than dishonorable, or to the unmarried widow or widower of that 23
178178 person who is not currently receiving this statutory exemption. 24
179179 (4) There is an additional exemption from taxation in the town of: 25
180180 Warren, where its town council may, by ordinance, provide for an exemption not exceeding 26
181181 eight thousand two hundred fifty dollars ($8,250), of the property of every honorably discharged 27
182182 veteran of World War I or World War II, or Vietnam, Grenada or Lebanon conflicts, the Persian 28
183183 Gulf conflict, the Haitian conflict, the Somalian conflict and the Bosnian conflict, at any time 29
184184 during the period beginning August 2, 1990, and ending May 1, 1994, or in any conflict or 30
185185 undeclared war who is determined by the Veterans’ Administration of the United States of America 31
186186 to be partially disabled through a service-connected disability and who presents to the assessors a 32
187187 certificate that he or she is partially disabled, which certificate remains effectual so long as the 33
188188 partial disability continues. Provided, however, that the Barrington town council may exempt real 34
189189
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192192 property of each of the above named persons in the amount of three thousand dollars ($3,000); 1
193193 Warwick city council may, by ordinance, exempt real property of each of the above-named persons 2
194194 and to any person who served in any capacity in the military or naval service during the period of 3
195195 time of the Persian Gulf conflict, whether or not the person served in the geographical location of 4
196196 the conflict, in the amount of four thousand dollars ($4,000). 5
197197 (5) Lincoln. There is an additional exemption from taxation in the town of Lincoln for the 6
198198 property of each person who actually served in the military or naval service of the United States in 7
199199 the Persian Gulf conflict and who was honorably discharged from the service, or who was 8
200200 discharged under conditions other than dishonorable, or who, if not discharged, served honorably, 9
201201 or of the unmarried widow or widower of that person. The exemption shall be determined by the 10
202202 town council in an amount not to exceed ten thousand dollars ($10,000). 11
203203 (b) In addition to the exemption provided in subsection (a) of this section, there is a ten-12
204204 thousand dollar ($10,000) exemption from local taxation on real property for any veteran and the 13
205205 unmarried widow or widower of a deceased veteran of the military or naval service of the United 14
206206 States who is determined, under applicable federal law by the Veterans Administration of the 15
207207 United States, to be totally disabled through service-connected disability and who, by reason of the 16
208208 disability, has received assistance in acquiring “specially adopted housing” under laws 17
209209 administered by the veterans’ administration; provided, that the real estate is occupied as his or her 18
210210 domicile by the person; and, provided, that if the property is designed for occupancy by more than 19
211211 one family, then only that value of so much of the house as is occupied by the person as his or her 20
212212 domicile is exempted; and, provided, that satisfactory evidence of receipt of the assistance is 21
213213 furnished to the assessors except in: 22
214214 (1) Cranston, where the exemption shall not exceed thirty thousand dollars ($30,000); 23
215215 (2) Cumberland, where the town council may provide for an exemption not to exceed seven 24
216216 thousand five hundred dollars ($7,500); 25
217217 (3) Newport, where the exemption is ten thousand dollars ($10,000) or ten percent (10%) 26
218218 of assessed valuation, whichever is greater; 27
219219 (4) New Shoreham, where the town council may, by ordinance, provide for an exemption 28
220220 of a maximum of thirty-six thousand four hundred fifty dollars ($36,450); 29
221221 (5) North Providence, where the town council may, by ordinance, provide for an exemption 30
222222 not to exceed twelve thousand five hundred dollars ($12,500); 31
223223 (6) Westerly, where the town council may, by ordinance, provide for an exemption of a 32
224224 maximum of forty thousand five hundred dollars ($40,500); 33
225225 (7) Lincoln, where the town council may, by ordinance, provide for an exemption of a 34
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229229 maximum of fifteen thousand dollars ($15,000); 1
230230 (8) Narragansett, where the town council may, by ordinance, provide for an exemption of 2
231231 a maximum of fifty thousand dollars ($50,000); 3
232232 (9) Tiverton, where the town council may, by ordinance, provide for a tax credit of two 4
233233 hundred dollars ($200) or greater, as may be amended from time to time; 5
234234 (10) Jamestown, where the town council may, by ordinance, provide for a tax credit; and 6
235235 (11) North Smithfield, where the town council may, by ordinance, as may be amended from 7
236236 time to time, provide for a tax dollar credit reduction of three hundred and fifty dollars ($350) or 8
237237 greater. 9
238238 (c) In addition to the previously provided exemptions, any veteran of the military or naval 10
239239 service of the United States who is determined, under applicable federal law by the Veterans’ 11
240240 Administration of the United States to be totally disabled through service-connected disability may, 12
241241 by ordinance, passed in the city or town where the veteran’s property is assessed, receive a ten 13
242242 thousand dollar ($10,000) exemption from local taxation on his or her property whether real or 14
243243 personal and if the veteran owns real property may be exempt from taxation by any fire and/or 15
244244 lighting district; provided, that in the town of: North Kingstown, where the amount of the exemption 16
245245 shall be eleven thousand dollars ($11,000) commencing with the December 31, 2002, assessment; 17
246246 and for the town of Westerly, where the amount of the exemption shall be thirty-nine thousand 18
247247 dollars ($39,000) commencing with the December 31, 2005, assessment; and in the town of 19
248248 Cumberland, where the amount of the exemption shall not exceed forty-seven thousand five 20
249249 hundred forty-four dollars ($47,544); and the town of Narragansett, where the amount of the 21
250250 exemption shall not exceed twenty thousand dollars ($20,000) from the assessed value of real 22
251251 property or twelve thousand dollars ($12,000) from the assessed value of a motor vehicle; and in 23
252252 the city of Cranston, commencing with the December 31, 2016, assessment, where the exemption 24
253253 will not exceed two hundred fifty thousand dollars ($250,000) and be extended to the unmarried 25
254254 widow or widower of such veteran, and in the town of Tiverton, where, by ordinance, a tax credit 26
255255 of two hundred dollars ($200) or greater shall be applied to the qualified veteran’s property 27
256256 assessment tax bill. 28
257257 (d) In determining whether or not a person is the widow or widower of a veteran for the 29
258258 purposes of this section, the remarriage of the widow or widower shall not bar the furnishing of the 30
259259 benefits of the section if the remarriage is void, has been terminated by death, or has been annulled 31
260260 or dissolved by a court of competent jurisdiction. 32
261261 (e) In addition to the previously provided exemptions, there may by ordinance passed in 33
262262 the city or town where the person’s property is assessed, be an additional fifteen thousand dollars 34
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266266 ($15,000) exemption from local taxation on real and personal property for any veteran of military 1
267267 or naval service of the United States or the unmarried widow or widower of person who has been 2
268268 or shall be classified as, or determined to be, a prisoner of war by the Veterans’ Administration of 3
269269 the United States, except in: 4
270270 (1) Westerly, where the town council may, by ordinance, provide for an exemption of a 5
271271 maximum of sixty-eight thousand dollars ($68,000); 6
272272 (2) Cumberland, where the town council may by ordinance provide for an exemption of a 7
273273 maximum of forty-seven thousand five hundred forty-four dollars ($47,544); 8
274274 (3) Narragansett, where the town council may, by ordinance, provide for an exemption of 9
275275 a maximum of forty thousand dollars ($40,000); 10
276276 (4) Tiverton, where the town council may, by ordinance, provide for a tax credit of six 11
277277 hundred dollars ($600) or greater; 12
278278 (5) Jamestown, where the town council may, by ordinance, provide for an exemption 13
279279 greater than fifteen thousand dollars ($15,000) of value or a tax credit that would offer an equivalent 14
280280 relief or benefit; and 15
281281 (6) North Smithfield, where the town council may, by ordinance, as may be amended from 16
282282 time to time, provide for a tax dollar credit reduction of three hundred and fifty dollars ($350) or 17
283283 greater. 18
284284 (f) Cities and towns granting exemptions under this section shall use the eligibility dates 19
285285 specified in this section. 20
286286 (g) The several cities and towns not previously authorized to provide an exemption for 21
287287 those veterans who actually served in the Persian Gulf conflict may provide that exemption in the 22
288288 amount authorized in this section for veterans of other recognized conflicts. 23
289289 (h) Bristol, where the town council of Bristol may, by ordinance, provide for an exemption 24
290290 for any veteran and the unmarried widow or widower of a deceased veteran of military or naval 25
291291 service of the United States who is determined, under applicable federal law by the Veterans’ 26
292292 Administration of the United States to be partially disabled through service-connected disability. 27
293293 (i) In addition to the previously provided exemption, any veteran who is discharged from 28
294294 the military or naval service of the United States under conditions other than dishonorable, or an 29
295295 officer who is honorably separated from military or naval service, who is determined, under 30
296296 applicable federal law by the Veterans Administration of the United States to be totally and 31
297297 permanently disabled through a service-connected disability, who owns a specially adapted 32
298298 homestead that has been acquired or modified with the assistance of a special adaptive housing 33
299299 grant from the Veteran’s Administration and that meets Veteran’s Administration and Americans 34
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303303 with disability act guidelines from adaptive housing or that has been acquired or modified using 1
304304 proceeds from the sale of any previous homestead that was acquired with the assistance of a special 2
305305 adaptive housing grant from the veteran’s administration, the person or the person’s surviving 3
306306 spouse is exempt from all taxation on the homestead. Provided, that in the town of Westerly where 4
307307 the amount of the above referenced exemption shall be forty-six thousand five hundred dollars 5
308308 ($46,500). 6
309309 (j) The town of Coventry may provide, by ordinance, a one-thousand-dollar ($1,000) 7
310310 exemption for any person who is an active member of the armed forces of the United States. 8
311311 (k) The town of Scituate may provide, by ordinance, in lieu of a tax exemption that grants 9
312312 to all disabled veterans with a one hundred percent (100%) service-connected disability, a tax credit 10
313313 in an amount to be determined from time to time by the town council. 11
314314 SECTION 2. This act shall take effect upon passage. 12
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321321 EXPLANATION
322322 BY THE LEGISLATIVE COUNCIL
323323 OF
324324 A N A C T
325325 RELATING TO TAXATION -- PROPERTY SUBJECT TO TAXATION
326326 ***
327327 This act would include the national guard in the definition of who is eligible for veterans' 1
328328 exemptions. 2
329329 This act would take effect upon passage. 3
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