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5 | 5 | | 2023 -- H 6486 |
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6 | 6 | | ======== |
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7 | 7 | | LC003133 |
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8 | 8 | | ======== |
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9 | 9 | | S TATE OF RHODE IS LAND |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2023 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO TAXATION -- LEVY AND ASSESSMENT OF LOCAL TAXES |
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16 | 16 | | Introduced By: Representatives Casey, Phillips, and J. Brien |
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17 | 17 | | Date Introduced: June 06, 2023 |
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18 | 18 | | Referred To: House Municipal Government & Housing |
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19 | 19 | | |
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20 | 20 | | |
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21 | 21 | | It is enacted by the General Assembly as follows: |
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22 | 22 | | SECTION 1. Chapter 44-5 of the General Laws entitled "Levy and Assessment of Local 1 |
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23 | 23 | | Taxes" is hereby amended by adding thereto the following section: 2 |
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24 | 24 | | 44-5-13.41. Woonsocket -- Assessment and taxation of new real estate construction. 3 |
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25 | 25 | | (a) Completed new construction of real estate, including manufactured homes or dwellings 4 |
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26 | 26 | | or living units on leased land, in the city of Woonsocket completed after any assessment date is 5 |
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27 | 27 | | liable for the payment of municipal taxes from the date the certificate of use and occupancy is 6 |
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28 | 28 | | issued or the date on which the new construction is first used for the purpose for which it was 7 |
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29 | 29 | | constructed, whichever is the earlier, prorated for the assessment year in which the new 8 |
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30 | 30 | | construction is completed. The prorated tax is computed on the basis of the applicable rate of tax 9 |
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31 | 31 | | with respect to the property, including the applicable rate of tax in any tax district in which the 10 |
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32 | 32 | | property is subject to tax following completion of the new construction, on the date the property 11 |
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33 | 33 | | becomes liable for the prorated tax in accordance with this section. 12 |
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34 | 34 | | (b) The building official issuing the certificate shall, within ten (10) days after issuing the 13 |
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35 | 35 | | certificate, notify the assessor in writing of the issuance of the certificate of use and occupancy. 14 |
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36 | 36 | | (c)(1) Not later than ninety (90) days after receipt by the assessor of the notice from the 15 |
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37 | 37 | | building official or after a determination by the assessor that the new construction is being used for 16 |
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38 | 38 | | the purpose for which it was constructed, the assessor shall determine the increment by which the 17 |
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39 | 39 | | assessment for the completed construction exceeds the assessment on the tax roll for the 18 |
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40 | 40 | | immediately preceding assessment date. The assessor shall prorate that amount from the date of 19 |
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42 | 42 | | |
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43 | 43 | | LC003133 - Page 2 of 3 |
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44 | 44 | | issuance of the certificate of use and occupancy or the date on which the new construction was first 1 |
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45 | 45 | | used for the purpose for which it was constructed, as the case may be, to the assessment date 2 |
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46 | 46 | | immediately following and shall add the increment as so prorated to the tax roll for the immediately 3 |
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47 | 47 | | preceding assessment date and shall within five (5) days notify the record owner as appearing on 4 |
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48 | 48 | | the tax roll and tax collector of the additional assessment. 5 |
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49 | 49 | | (2) In a property revaluation year, the assessor shall determine the increment by which the 6 |
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50 | 50 | | assessment for the completed construction exceeds the assessment on the tax roll for the 7 |
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51 | 51 | | immediately preceding assessment date, shall prorate that amount from the date of issuance of the 8 |
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52 | 52 | | certificate of use and occupancy or the date on which the new construction was first used for the 9 |
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53 | 53 | | purpose for which it was constructed, to the assessment date immediately following, and shall add 10 |
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54 | 54 | | the increment as prorated to the tax roll for the immediately preceding assessment date not later 11 |
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55 | 55 | | than forty-five (45) days after the date the tax roll is certified, or forty-five (45) days after receipt 12 |
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56 | 56 | | by the assessor of the notice from the building official or after a determination by the assessor that 13 |
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57 | 57 | | the new construction is being used for the purpose for which it was constructed. 14 |
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58 | 58 | | (d) Any person claiming to be aggrieved by the action of the assessor under this section 15 |
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59 | 59 | | may appeal to the assessment board of review within sixty (60) days from notification of the 16 |
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60 | 60 | | additional assessment or to superior court as provided. 17 |
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61 | 61 | | (e) Upon receipt of the notice from the assessor, the tax collector shall, if the notice is 18 |
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62 | 62 | | received after the normal billing date, within ten (10) days thereafter, mail or hand a bill to the 19 |
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63 | 63 | | owner based upon an amount prorated by the assessor. The tax is due and payable and collectible 20 |
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64 | 64 | | as other municipal taxes and subject to the same liens and processes of collection; provided that, 21 |
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65 | 65 | | the tax is due and payable in an initial or single installment due and payable not sooner than thirty 22 |
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66 | 66 | | (30) days after the date the bill is mailed or handed to the owner, and in any remaining, regular 23 |
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67 | 67 | | installments, as they are due and payable, and the several installments of a tax so due and payable 24 |
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68 | 68 | | are equal. 25 |
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69 | 69 | | (f) Nothing in this section authorizes the collection of taxes twice in respect of the land 26 |
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70 | 70 | | upon which the new construction is located. 27 |
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71 | 71 | | (g) This section applies only to taxes levied and property assessed in the city of 28 |
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72 | 72 | | Woonsocket. 29 |
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73 | 73 | | SECTION 2. This act shall take effect upon passage. 30 |
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74 | 74 | | ======== |
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75 | 75 | | LC003133 |
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78 | 78 | | |
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79 | 79 | | LC003133 - Page 3 of 3 |
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80 | 80 | | EXPLANATION |
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81 | 81 | | BY THE LEGISLATIVE COUNCIL |
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82 | 82 | | OF |
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83 | 83 | | A N A C T |
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84 | 84 | | RELATING TO TAXATION -- LEVY AND ASSESSMENT OF LOCAL TAXES |
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85 | 85 | | *** |
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86 | 86 | | This act would allow the city of Woonsocket to reassess taxes on a prorated basis for new 1 |
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87 | 87 | | construction from the issuance date of the certificate of use and occupancy or the date on which the 2 |
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88 | 88 | | new construction is first used for the purpose for which it was constructed, whichever is the earlier. 3 |
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89 | 89 | | This act would take effect upon passage. 4 |
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90 | 90 | | ======== |
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91 | 91 | | LC003133 |
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