Rhode Island 2023 Regular Session

Rhode Island House Bill H6333 Compare Versions

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5-2023 -- H 6333 SUBSTITUTE A
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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO TAXATION -- STATEWIDE TANGIBLE PROPERTY TAX EXEMPTION
1616 Introduced By: Representatives Voas, Solomon, O'Brien, Potter, Kazarian, Alzate,
1717 Casimiro, Casey, Baginski, and Slater
1818 Date Introduced: April 26, 2023
1919 Referred To: House Finance
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Title 44 of the General Laws entitled "TAXATION" is hereby amended by 1
2424 adding thereto the following chapter: 2
2525 CHAPTER 5.3 3
2626 STATEWIDE TANGIBLE PROPERTY TAX EXEMPTION 4
2727 44-5.3-1. Municipal tangible property tax exemption. 5
2828 (a) Notwithstanding the provisions of chapter 5 of this title or any other provisions of law 6
2929 to the contrary, in an effort to provide relief for businesses, including small businesses, and to 7
30-promote economic development, a city, town, or fire district shall provide each tangible property 8
31-taxpayer on the aggregate amount of all ratable, tangible personal property not otherwise exempt 9
32-from taxation an exemption from taxation of fifty thousand dollars ($50,000) applicable to the 10
33-assessment date of December 31, 2023 and for each assessment date thereafter. All ratable, 11
34-tangible, personal property valued above fifty thousand dollars ($50,000) remains subject to 12
35-taxation. 13
36-(b) Individual personal exemptions granted to tangible property taxpayers in any city, town, 14
37-or fire district at the time of the effective date of this chapter shall be applied to assessed values 15
38-prior to applying the statewide exemption provided in this section in order that any lost revenue to 16
39-be reimbursed pursuant to this chapter for each respective city, town, or fire district shall not include 17
40-revenue loss resulting from these individual personal exemptions. 18
41-(c) Exemptions existing and uniformly applied to all tangible property taxpayers in any 19
30+promote economic development, all ratable, tangible personal property not otherwise exempt from 8
31+taxation shall be exempt from taxation up to and including one hundred thousand dollars ($100,000) 9
32+for the property tax year ending on December 31, 2024. 10
33+(b) Individual personal exemptions granted to tangible property taxpayers in any city, town, 11
34+or fire district at the time of the effective date of this chapter shall be applied to assessed values 12
35+prior to applying the statewide exemption provided in this section in order that any lost revenue to 13
36+be reimbursed pursuant to this section for each respective city, town, or fire district shall not include 14
37+revenue loss resulting from these individual personal exemptions. 15
38+(c) Exemptions existing and uniformly applied to all tangible property taxpayers in any 16
39+city, town, or fire district at the time of the effective date of this chapter shall be disregarded in 17
40+order that any lost revenue to be reimbursed pursuant to this section for each respective city, town, 18
41+or fire district shall include revenue loss resulting from such pre-existing uniform exemptions. 19
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45-city, town, or fire district at the time of the effective date of this chapter shall be disregarded in 1
46-order that any lost revenue to be reimbursed pursuant to this chapter for each respective city, town, 2
47-or fire district shall include revenue loss resulting from such pre-existing uniform exemptions. 3
48-44-5.3-2. Reimbursement of lost tax revenue. 4
49-(a) Beginning in fiscal year 2025 and for each fiscal year thereafter, cities, towns, and fire 5
50-districts shall receive reimbursements, as set forth in this section, from state general revenues for 6
51-lost tax revenues due to the reduction of the tangible property tax resulting from the statewide 7
52-exemption set forth in § 44-5.3-1. 8
53-(b) Beginning in fiscal year 2025, and for each fiscal year thereafter, cities, towns, and fire 9
54-districts shall receive a reimbursement equal to the tangible property levy for the assessment date 10
55-of December 31, 2022, minus the tangible personal property levy for the assessment date of 11
56-December 31, 2023. 12
57-(c) Reimbursements shall be distributed in full to cities, towns, and fire districts on 13
58-September 30, 2024 and every September 30 thereafter; provided, however, that reimbursement 14
59-shall not be provided to any city, town, or fire district in any year in which it has failed to provide 15
60-to the division of municipal finance its certified tax roll in accordance with § 44-5-22 or any other 16
61-information required by the division of municipal finance to calculate the reimbursement amount. 17
62-44-5.3-3. Tangible property tax rate cap. 18
63-(a) Notwithstanding any other provision of law to the contrary, the tax rate for the class of 19
64-property that includes tangible personal property for any city, town, or fire district shall be capped 20
65-and shall not exceed thereafter the tax rate in effect for the assessment date of December 31, 2022. 21
66-(b) Notwithstanding any other provision of law to the contrary, for assessment dates on and 22
67-after December 31, 2023, any city, town, or fire district shall be permitted to tax all other classes 23
68-of property, or where no classification has been enacted all other types of property, at a different 24
69-tax rate than the tax rate for tangible personal property required by subsection (a) of this section. 25
70-44-5.3-4. Removal of certain limitations and requirements. 26
71-For assessment dates on or after December 31, 2023, tangible tax rates shall be disregarded 27
72-for purposes of compliance with limitations on the extent to which the effective tax rate of one class 28
73-of property may exceed that of another, or requirements that the same percentage rate change be 29
74-applied across property classes from one year to the next, under § 44-5-11.8 or any other similar 30
75-statutory provision applicable to a city, town, or fire district. 31
76-44-5.3-5. Application. 32
77-The statewide exemption set forth in this chapter shall not apply to: 33
78-(1) Public service corporation tangible property subject to taxation pursuant to § 44-13-13; 34
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45+44-5.3-2. Reimbursement of lost tax revenue. 1
46+(a) Beginning in fiscal year 2024-2025 and for each fiscal year thereafter, cities, towns, 2
47+and fire districts shall receive reimbursements, as set forth in this section, from state general 3
48+revenues for lost tax revenues due to the reduction of the tangible property tax resulting from the 4
49+statewide exemption set forth in § 44-5.3-1. 5
50+(b) Beginning in calendar year 2023, on or before August 15 of each year, each city, town, 6
51+and fire district shall report to the department of revenue, as part of the submission of the certified 7
52+tax levy pursuant to § 44-5-22, tangible property levy information sufficient to calculate 8
53+reimbursements as set forth in this section, for the most recent tax roll based on assessed values as 9
54+of December 31 of the previous year. 10
55+(c) Reimbursements for cities, towns, and fire districts for each fiscal year shall be based 11
56+on tangible property levy information for the prior fiscal year submitted pursuant to this section. 12
57+Reimbursements shall be distributed in full to cities, towns, and fire districts no later than 13
58+September 30 of the respective fiscal year to which the reimbursement applies. 14
59+44-5.3-3. Establishment of reimbursement fund. 15
60+There is hereby established a restricted receipt account within the general fund of the state, 16
61+to be known as the statewide tangible property tax exemption reimbursement fund. Funds from this 17
62+account shall be administered by the director of the department of revenue and shall be for the sole 18
63+purpose of reimbursing cities, towns, and fire districts pursuant to this chapter. 19
64+44-5.3-4. Tangible property tax rate cap. 20
65+(a) Notwithstanding any other provision of law to the contrary, the tax rate for the class of 21
66+property that includes tangible personal property for any city, town, or fire district shall be capped 22
67+and shall not exceed thereafter the tax rate in effect for the property tax year ending on December 23
68+31, 2022. 24
69+(b) The tax rate limitation set forth in this section shall not apply to any city, town, or fire 25
70+district that utilizes a uniform tax rate for all classes of property, exclusive of class 4 property 26
71+(motor vehicles and trailers). 27
72+44-5.3-5. Removal of certain limitations and requirements. 28
73+Beginning in fiscal year 2024-2025, tangible tax rates shall be disregarded for purposes of 29
74+compliance with limitations on the extent to which the effective tax rate of one class of property 30
75+may exceed that of another, or requirements that the same percentage rate change be applied across 31
76+property classes from one year to the next, under § 44-5-11.8 or any other similar statutory 32
77+provision applicable to a city, town, or fire district. 33
78+44-5.3-6. Application. 34
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82-and 1
83-(2) Renewable energy resources and associated equipment subject to taxation pursuant to 2
84-§ 44-5-3(c). 3
85-SECTION 2. Section 45-13-14 of the General Laws in Chapter 45-13 entitled "State Aid" 4
86-is hereby amended to read as follows: 5
87-45-13-14. Adjustments to tax levy, assessed value, and full value when computing state 6
88-aid. 7
89-(a) Whenever the director of revenue computes the relative wealth of municipalities for the 8
90-purpose of distributing state aid in accordance with title 16 and the provisions of § 45-13-12, he or 9
91-she shall base it on the full value of all property except: 10
92-(1) That exempted from taxation by acts of the general assembly and reimbursed under § 11
93-45-13-5.1, which shall have its value calculated as if the payment in lieu of tax revenues received 12
94-pursuant to § 45-13-5.1, has resulted from a tax levy; 13
95-(2) That whose tax levy or assessed value is based on a tax treaty agreement authorized by 14
96-a special public law or by reason of agreements between a municipality and the economic 15
97-development corporation in accordance with § 42-64-20 prior to May 15, 2005, which shall not 16
98-have its value included; 17
99-(3) That whose tax levy or assessed value is based on tax treaty agreements or tax 18
100-stabilization agreements in force prior to May 15, 2005, which shall not have its value included; 19
101-(4) That which is subject to a payment in lieu of tax agreement in force prior to May 15, 20
102-2005; 21
103-(5) Any other property exempt from taxation under state law; 22
104-(6) Any property subject to chapter 27 of title 44, taxation of Farm, Forest, and Open Space 23
105-Land; or 24
106-(7) Any property exempt from taxation, in whole or in part, under the provisions of 25
107-subsections (a)(51), (a)(66), or (c) of § 44-3-3, § 44-3-47, § 44-3-65, § 44-5.3-1, or any other 26
108-provision of law that enables a city, town, or fire district to establish a tangible personal property 27
109-exemption, which shall have its value calculated as the full value of the property minus the 28
110-exemption amount. 29
111-(b) The tax levy of each municipality and fire district shall be adjusted for any real estate 30
112-and personal property exempt from taxation by act of the general assembly by the amount of 31
113-payment in lieu of property tax revenue anticipated to be received pursuant to § 45-13-5.1 relating 32
114-to property tax from certain exempt private and state properties, and for any property subject to any 33
115-payment in lieu of tax agreements, any tax treaty agreements or tax stabilization agreements in 34
116-
117-
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119-force after May 15, 2005, by the amount of the payment in lieu of taxes pursuant to such 1
120-agreements. 2
121-(c) Fire district tax levies within a city or town shall be included as part of the total levy 3
122-attributable to that city or town. 4
123-(d) The changes as required by subsections (a) through (c) of this section shall be 5
124-incorporated into the computation of entitlements effective for distribution in fiscal year 2007-2008 6
125-and thereafter. 7
126-SECTION 3. This act shall take effect upon passage. 8
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82+The statewide exemption set forth in this chapter shall not apply to: 1
83+(1) Public service corporation tangible property subject to taxation pursuant to § 44-13-1; 2
84+and 3
85+(2) Renewable energy resources and associated equipment subject to taxation pursuant to 4
86+§ 44-5-3(c). 5
87+SECTION 2. This act shall take effect upon passage. 6
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13394 EXPLANATION
13495 BY THE LEGISLATIVE COUNCIL
13596 OF
13697 A N A C T
13798 RELATING TO TAXATION -- STATEWIDE TANGIBLE PROPERTY TAX EXEMPTIO N
13899 ***
139-This act would establish a statewide exemption of fifty thousand dollars ($50,000) from 1
140-the tangible property tax beginning January 1, 2024. Municipalities and fire districts would be 2
141-reimbursed for all current uniformly-applied exemptions, excluding public service corporation and 3
142-renewable energy resources and equipment taxes, beginning September 30, 2024, and annually 4
143-thereafter. 5
144-This act would take effect upon passage. 6
100+This act would create a tax exemption of one hundred thousand dollars ($100,000) relating 1
101+to assessment of municipal tangible property commencing with the December 31, 2024 tax 2
102+assessment for taxes payable in calendar year 2025. The act would also provide for reimbursement 3
103+of the tax revenue lost by the municipalities and establish a tangible property tax rate cap. 4
104+This act would take effect upon passage. 5
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