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5 | 5 | | 2025 -- S 0351 |
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6 | 6 | | ======== |
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7 | 7 | | LC000603 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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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: Senator Louis P. DiPalma |
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17 | 17 | | Date Introduced: February 21, 2025 |
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18 | 18 | | Referred To: Senate Housing & Municipal Government |
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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. Section 44-5-11.8 of the General Laws in Chapter 44-5 entitled "Levy and 1 |
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23 | 23 | | Assessment of Local Taxes" is hereby amended to read as follows: 2 |
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24 | 24 | | 44-5-11.8. Tax classification. 3 |
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25 | 25 | | (a) Upon the completion of any comprehensive revaluation or any update, in accordance 4 |
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26 | 26 | | with § 44-5-11.6, any city or town may adopt a tax classification plan, by ordinance, with the 5 |
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27 | 27 | | following limitations: 6 |
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28 | 28 | | (1) The designated classes of property shall be limited to the classes as defined in 7 |
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29 | 29 | | subsection (b) of this section. 8 |
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30 | 30 | | (2) The effective tax rate applicable to any class, excluding class 4, shall not exceed by 9 |
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31 | 31 | | fifty percent (50%) the rate applicable to any other class, except in the city of Providence and the 10 |
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32 | 32 | | town of Glocester and the town of East Greenwich; however, in the year following a revaluation or 11 |
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33 | 33 | | statistical revaluation or update, the city or town council of any municipality may, by ordinance, 12 |
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34 | 34 | | adopt tax rates for the property class for all ratable tangible personal property no greater than twice 13 |
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35 | 35 | | the rate applicable to any other class, provided that the municipality documents to, and receives 14 |
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36 | 36 | | written approval from, the office of municipal affairs that the rate difference is necessary to ensure 15 |
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37 | 37 | | that the estimated tax levy on the property class for all ratable tangible personal property is not 16 |
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38 | 38 | | reduced from the prior year as a result of the revaluation or statistical revaluation. 17 |
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39 | 39 | | (3) Any tax rate changes from one year to the next shall be applied such that the same 18 |
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40 | 40 | | percentage rate change is applicable to all classes, excluding class 4, except in the city of 19 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC000603 - Page 2 of 5 |
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44 | 44 | | Providence and the town of Glocester and the town of East Greenwich. 1 |
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45 | 45 | | (4) Notwithstanding subsections (a)(2) and (a)(3) of this section, the tax rates applicable to 2 |
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46 | 46 | | wholesale and retail inventory within Class 3 as defined in subsection (b) of this section are 3 |
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47 | 47 | | governed by § 44-3-29.1. 4 |
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48 | 48 | | (5) The tax rates applicable to motor vehicles within Class 4, as defined in subsection (b) 5 |
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49 | 49 | | of this section, are governed by § 44-34.1-1 [repealed]. 6 |
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50 | 50 | | (6) The provisions of chapter 35 of this title relating to property tax and fiscal disclosure 7 |
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51 | 51 | | apply to the reporting of, and compliance with, these classification restrictions. 8 |
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52 | 52 | | (b) Classes of property. 9 |
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53 | 53 | | (1) Class 1: Residential real estate consisting of no more than five (5) dwelling units; land 10 |
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54 | 54 | | classified as open space; and dwellings on leased land including mobile homes. In the city of 11 |
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55 | 55 | | Providence, this class may also include residential properties containing partial commercial or 12 |
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56 | 56 | | business uses and residential real estate of more than five (5) dwelling units. 13 |
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57 | 57 | | (i) A homestead exemption provision is also authorized within this class; provided 14 |
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58 | 58 | | however, that the actual, effective rate applicable to property qualifying for this exemption shall be 15 |
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59 | 59 | | construed as the standard rate for this class against which the maximum rate applicable to another 16 |
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60 | 60 | | class shall be determined, except in the town of Glocester and the city of Providence. 17 |
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61 | 61 | | (ii) In lieu of a homestead exemption, any city or town may divide this class into non-18 |
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62 | 62 | | owner and owner-occupied property and adopt separate tax rates in compliance with the within tax 19 |
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63 | 63 | | rate restrictions; provided, however, that the owner-occupied rate shall be construed as the standard 20 |
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64 | 64 | | rate for this class against which the maximum rate applicable to another class shall be determined, 21 |
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65 | 65 | | except in the town of Glocester and the city of Providence. 22 |
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66 | 66 | | (2) Class 2: Commercial and industrial real estate; residential properties containing partial 23 |
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67 | 67 | | commercial or business uses; and residential real estate of more than five (5) dwelling units. In the 24 |
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68 | 68 | | city of Providence, properties containing partial commercial or business uses and residential real 25 |
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69 | 69 | | estate of more than five (5) dwelling units may be included in Class 1. 26 |
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70 | 70 | | (3) Class 3: All ratable, tangible personal property. 27 |
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71 | 71 | | (4) Class 4: Motor vehicles and trailers subject to the excise tax created by chapter 34 of 28 |
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72 | 72 | | this title. 29 |
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73 | 73 | | (c) The town council of the town of Glocester and the town council of the town of East 30 |
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74 | 74 | | Greenwich may, by ordinance, provide for, and adopt, a tax rate on various classes as they shall 31 |
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75 | 75 | | deem appropriate. Provided, that the tax rate for Class 2 shall not be more than two (2) times the 32 |
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76 | 76 | | tax rate of Class 1 and the tax rate applicable to Class 3 shall not exceed the tax rate of Class 1 by 33 |
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77 | 77 | | more than two hundred percent (200%). Glocester shall be able to establish homestead exemptions 34 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LC000603 - Page 3 of 5 |
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81 | 81 | | up to fifty percent (50%) of value and the calculation provided in subsection (b)(1)(i) shall not be 1 |
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82 | 82 | | used in setting the differential tax rates. 2 |
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83 | 83 | | (d) Notwithstanding the provisions of subsection (a) of this section, the town council of the 3 |
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84 | 84 | | town of Middletown may hereafter, by ordinance, adopt a tax classification plan in accordance with 4 |
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85 | 85 | | the provisions of subsections (a) and (b) of this section, to be applicable to taxes assessed on or 5 |
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86 | 86 | | after the assessment date of December 31, 2002. 6 |
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87 | 87 | | (e) Notwithstanding the provisions of subsection (a) of this section, the town council of the 7 |
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88 | 88 | | town of Little Compton may hereafter, by ordinance, adopt a tax classification plan in accordance 8 |
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89 | 89 | | with the provisions of subsections (a) and (b) of this section and the provisions of § 44-5-79, to be 9 |
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90 | 90 | | applicable to taxes assessed on or after the assessment date of December 31, 2004. 10 |
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91 | 91 | | (f) Notwithstanding the provisions of subsection (a) of this section, the town council of the 11 |
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92 | 92 | | town of Scituate may hereafter, by ordinance, change its tax assessment from fifty percent (50%) 12 |
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93 | 93 | | of value to one hundred percent (100%) of value on residential and commercial/industrial/mixed-13 |
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94 | 94 | | use property, while tangible property is assessed at one hundred percent (100%) of cost, less 14 |
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95 | 95 | | depreciation; provided, however, the tax rate for Class 3 (tangible) property shall not exceed the 15 |
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96 | 96 | | tax rate for Class 1 (residential) property by more than two hundred thirteen percent (213%). This 16 |
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97 | 97 | | provision shall apply whether or not the fiscal year is also a revaluation year. 17 |
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98 | 98 | | (g) Notwithstanding the provisions of subsections (a) and (b) of this section, the town 18 |
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99 | 99 | | council of the town of Coventry may hereafter, by ordinance, adopt a tax classification plan 19 |
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100 | 100 | | providing that Class 1, as set forth in subsection (b) “Classes of Property” of this section, may also 20 |
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101 | 101 | | include residential properties containing commercial or business uses, such ordinance to be 21 |
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102 | 102 | | applicable to taxes assessed on or after the assessment date of December 31, 2014. 22 |
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103 | 103 | | (h) Notwithstanding the provisions of subsection (a) of this section, the town council of the 23 |
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104 | 104 | | town of East Greenwich may hereafter, by ordinance, adopt a tax classification plan in accordance 24 |
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105 | 105 | | with the provisions of subsections (a) and (b) of this section, to be applicable to taxes assessed on 25 |
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106 | 106 | | or after the assessment date of December 31, 2018. Further, the East Greenwich town council may 26 |
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107 | 107 | | adopt, repeal, or modify that tax classification plan for any tax year thereafter, notwithstanding the 27 |
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108 | 108 | | provisions of subsection (a) of this section. 28 |
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109 | 109 | | (i) Notwithstanding the provisions of subsection (a) of this section, the town council of the 29 |
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110 | 110 | | town of Middletown may hereafter, by ordinance, adopt a tax classification plan in accordance with 30 |
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111 | 111 | | the provisions of subsections (a) and (b) of this section, to be applicable to taxes assessed on or 31 |
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112 | 112 | | after the assessment date of December 31, 2022. If, in lieu of a homestead exemption, the town of 32 |
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113 | 113 | | Middletown adopts a tax classification plan which divides the class consisting of residential real 33 |
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114 | 114 | | estate into non-owner and owner-occupied property and adopts separate tax rates in compliance 34 |
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115 | 115 | | |
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116 | 116 | | |
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117 | 117 | | LC000603 - Page 4 of 5 |
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118 | 118 | | with the tax rate restrictions, the town of Middletown, by ordinance or resolution, shall provide 1 |
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119 | 119 | | rules and regulations including, but not limited to, those governing the division and definition of 2 |
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120 | 120 | | non-owner and owner-occupied properties. 3 |
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121 | 121 | | (j) Notwithstanding the provisions of subsection (a) of this section, the town council of the 4 |
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122 | 122 | | town of New Shoreham may hereafter, by ordinance, adopt a tax classification plan in accordance 5 |
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123 | 123 | | with the provisions of subsections (a) and (b) of this section, to be applicable to taxes assessed on 6 |
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124 | 124 | | or after the assessment date of December 31, 2023. 7 |
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125 | 125 | | (k) Notwithstanding the provisions of subsection (a) of this section, the town council of the 8 |
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126 | 126 | | town of Bristol may hereafter, by ordinance, adopt a tax classification plan in accordance with the 9 |
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127 | 127 | | provisions of subsections (a) and (b) of this section, to be applicable to taxes assessed on or after 10 |
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128 | 128 | | the assessment date of December 31, 2023. Further, the Bristol town council may adopt, repeal, or 11 |
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129 | 129 | | modify that tax classification plan for any tax year thereafter, notwithstanding the provisions of 12 |
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130 | 130 | | subsection (a) of this section. 13 |
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131 | 131 | | (l) The city council of the city of Providence may, by ordinance, provide for, and adopt, a 14 |
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132 | 132 | | tax rate on various classes as they shall deem appropriate. Provided, that the tax rate for Class 2 15 |
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133 | 133 | | shall not be more than two (2) times the tax rate of Class 1; that the tax rate for Class 3 shall not be 16 |
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134 | 134 | | more than three (3) times the tax rate of Class 1; and that the tax rate for Class 2 shall not be more 17 |
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135 | 135 | | than three and one-half (3½) times the effective owner-occupied tax rate of Class 1, whether by 18 |
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136 | 136 | | homestead exemption or separate rates. 19 |
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137 | 137 | | SECTION 2. This act shall take effect upon passage. 20 |
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139 | 139 | | LC000603 |
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141 | 141 | | |
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142 | 142 | | |
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143 | 143 | | LC000603 - Page 5 of 5 |
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144 | 144 | | EXPLANATION |
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145 | 145 | | BY THE LEGISLATIVE COUNCIL |
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146 | 146 | | OF |
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147 | 147 | | A N A C T |
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148 | 148 | | RELATING TO TAXATION -- LEVY AND ASSESSMENT OF LOCAL TAXES |
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149 | 149 | | *** |
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150 | 150 | | This act would allow the town of Middletown to adopt a tax classification plan for 1 |
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151 | 151 | | residential real estate which divides the class into non-owner and owner-occupied properties with 2 |
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152 | 152 | | separate tax rates. 3 |
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153 | 153 | | This act would take effect upon passage. 4 |
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154 | 154 | | ======== |
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155 | 155 | | LC000603 |
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