2006 -- S 3050 SUBSTITUTE A AS AMENDED

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LC03048/SUB A/3

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2006

____________

A N A C T

RELATING TO TAXATION -- PROPERTY TAXES

     

     

     Introduced By: Senators Paiva-Weed, J Montalbano, Alves, Lenihan, and Felag

     Date Introduced: April 27, 2006

     Referred To: Senate Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 44-5-2 of the General Laws in Chapter 44-5 entitled "Levy and

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Assessment of Local Taxes" is hereby amended to read as follows:

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     44-5-2. Maximum levy. -- (a) A Through and including its fiscal year 2007, a city and or

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town may levy a tax in an amount not more than five and one-half percent (5.5%) in excess of the

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amount levied and certified by that city or town for the prior year. Through and including its

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fiscal year 2007, but in no fiscal year thereafter, the The amount levied by a city or town is

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deemed to be consistent with the five and one-half percent (5.5%) levy growth cap if the tax rate

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is not more than one hundred and five and one-half percent (105.5%) of the prior year's tax rate

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and the budget resolution or ordinance, as applicable, specifies that the tax rate is not increasing

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by more than five and one-half percent (5.5%) except as specified in subsection (c) of this

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section. In all years when a revaluation or update is not being implemented, a tax rate is deemed

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to be one hundred five and one-half percent (105.5%) or less of the prior year's tax rate if the tax

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on a parcel of real property, the value of which is unchanged for purpose of taxation, is no more

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than one hundred five and one-half percent (105.5%) of the prior year's tax on the same parcel of

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real property. In any year through and including fiscal year 2007 when a revaluation or update is

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being implemented, the tax rate is deemed to be one hundred five and one-half percent (105.5%)

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of the prior year's tax rate as certified by the division of local government assistance in the

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department of administration.

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     (b) In its fiscal year 2008, a city or town may levy a tax in an amount not more than five

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and one-quarter percent (5.25%) in excess of the total amount levied and certified by that city or

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town for its fiscal year 2007. In its fiscal year 2009, a city or town may levy a tax in an amount

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not more than five percent (5%) in excess of the total amount levied and certified by that city or

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town for its fiscal year 2008. In its fiscal year 2010, a city or town may levy a tax in an amount

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not more than four and three-quarters percent (4.75%) in excess of the total amount levied and

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certified by that city or town in its fiscal year 2009. In its fiscal year 2011, a city or town may

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levy a tax in an amount not more than four and one-half percent (4.5%) in excess of the total

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amount levied and certified by that city or town in its fiscal year 2010. In its fiscal year 2012, a

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city or town may levy a tax in an amount not more than four and one-quarter percent (4.25%) in

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excess of the total amount levied and certified by that city or town in its fiscal year 2011. In its

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fiscal year 2013 and in each fiscal year thereafter, a city or town may levy a tax in an amount not

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more than four percent (4%) in excess of the total amount levied and certified by that city or town

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for its previous fiscal year.

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      (b)(c) The office of municipal affairs in the department of administration shall monitor

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city and town compliance with this levy cap, issue periodic reports to the general assembly on

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compliance, and make recommendations on the continuation or modification of the levy cap on or

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before December 31, 1987, December 31, 1990, and December 31, every third year thereafter.

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The chief elected official in each city and town shall provide to the office of municipal affairs

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within thirty (30) days of final action, in the form required, the adopted tax levy and rate and

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other pertinent information.

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      (c)(d) The amount levied by a city or town may exceed the five and one-half percent

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(5.5%) percentage increase as specified in subsection (a) or (b) of this section if the city or town

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qualifies under one or more of the following provisions:

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      (1) The city or town forecasts or experiences a loss in total non-property tax revenues

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and the loss is certified by the department of administration.

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      (2) The city or town experiences or anticipates an emergency situation, which causes or

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will cause the levy to exceed five and one-half percent (5.5%) the percentage increase as

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specified in subsection (a) or (b) of this section. In the event of an emergency or an anticipated

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emergency, the city or town shall notify the auditor general who shall certify the existence or

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anticipated existence of the emergency. Without limiting the generality of the foregoing, an

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emergency shall be deemed to exist when the city or town experiences or anticipates health

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insurance costs, retirement contributions or utility expenditures which exceed the prior fiscal

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year's health insurance costs, retirement contributions or utility expenditures by a percentage

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greater than three (3) times the percentage increase as specified in subsection (a) or (b) of this

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section.

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      (3) A city or town forecasts or experiences debt services expenditures which are more

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than one hundred five and one-half percent (105.5%) of exceed the prior year's debt service

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expenditures by an amount greater than the percentage increase as specified in subsection (a) or

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(b) of this section and which are the result of bonded debt issued in a manner consistent with

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general law or a special act. In the event of the debt service increase, the city or town shall notify

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the department of administration which shall certify the debt service increase above one hundred

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five and one-half percent (105.5%) of the percentage increase as specified in subsection (a) or (b)

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of this section the prior year's debt service. No action approving or disapproving exceeding a levy

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cap under the provisions of this section affects the requirement to pay obligations as described in

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subsection (d) of this section.

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     (4) The city or town experiences substantial growth in its tax base as the result of major

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new construction which necessitates either significant infrastructure or school housing

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expenditures by the city or town or a significant increase in the need for essential municipal

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services and such increase in expenditures or demand for services is certified by the department

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of administration.

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      (4) (e) Any levy pursuant to subsection (c) (d) of this section in excess of the five and

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one-half percent (5.5%) percentage increase specified in subsection (a) of this section shall be

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approved by a majority vote the affirmative vote of at least four-fifths (4/5) of the full

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membership of the governing body of the city or town or in the case of a city or town having a

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financial town meeting, the majority of the electors present and voting at the town financial

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meeting shall also approve the excess levy.

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      (d) (f) Nothing contained in this section constrains the payment of present or future

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obligations as prescribed by section 45-12-1, and all taxable property in each city or town is

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subject to taxation without limitation as to rate or amount to pay general obligation bonds or notes

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of the city or town except as otherwise specifically provided by law or charter.

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     SECTION 2. Sections 44-35-3 and 44-35-6 of the General Laws in Chapter 44-35

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entitled "Property Tax and Fiscal Disclosure - Municipal Budgets" are hereby amended to read as

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follows:

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     44-35-3. Definitions. -- (a) "Adjusted current property tax rate" means the estimated

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property tax rate that would be necessary in the next fiscal year to raise one hundred and five and

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one-half percent (105.5%) of the property tax revenues in the next fiscal year that were levied in

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the town's or city's current fiscal year. the maximum levy authorized by section 44-5-2 of the

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general laws.

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      (b) "Chief elected official" means the highest locally elected official in each town or city.

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      (c) "Proposed property tax rate" means the estimated property tax rate that is proposed

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by a town or city to support its operating budget for the town's or city's next fiscal year.

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     44-35-6. Publication of property tax rates. -- At least ten (10) calendar days prior to the

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hearing for the purpose of adopting the town or city budget, the chief elected official in each town

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or city shall cause to be published a notice indicating the town's or city's intent to consider

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adopting a property tax levy. This notice shall be published in a newspaper of general circulation

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in the town or city. However, this notice may not be placed in that portion of the newspaper

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where legal notices and classified advertisements appear. This notice shall constitute notice of

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public hearing which may coincide with the hearing on the proposed budget and shall be by and

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in the following form:

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      (CITY, TOWN) of (NAME)

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      NOTICE OF PROPOSED PROPERTY TAX

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      RATE CHANGE

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      The (City, Town) proposes to increase (decrease) its property tax levy to ________ in

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the ________ budget year; the property tax levy this year is __________, THIS IS A

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PROPOSED INCREASE (DECREASE) OF ______%.

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      It has been estimated that the proposed increase (decrease) in property tax revenues will

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result in a property tax rate of $________ (proposed property tax rate) per $1,000 assessed

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valuation, as compared to the current property tax rate of $________ per $1,000 assessed

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valuation.

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      A property tax rate of $________ (adjusted current property tax rate) would be needed in

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the coming budget year to raise five and one-half percent (5.5%) more, as an adjustment for

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increased costs, than the property tax revenues being raised in the current budget year. the

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maximum levy authorized by section 44-5-2 of the general laws.

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      The (City, Town) budget __________ will be considered at (date, time, place).

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      The above property tax estimates have been computed in a manner approved by the

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Rhode Island Department of Administration.

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     Chief Elected Official

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     SECTION 3. Section 44-45-2 of the General Laws in Chapter 44-45 entitled "Omnibus

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Property Tax Relief and Replacement Act" is hereby amended to read as follows:

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     44-45-2. Legislative findings. -- The general assembly finds and declares that the

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following conditions confront Rhode Island at this time:

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      (1) In 1982, the governor's advisory commission to study the financial operations of state

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and local governments found that "when the state and local tax system is viewed in its totality, it

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becomes clear that property tax relief and replacement is needed".

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      (2) Rhode Island has a serious over reliance on the property tax, as evidenced by the

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facts that:

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      (i) Rhode Islanders paid forty-nine dollars and ninety-two cents ($49.92) per capita in

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property tax collections in fiscal year 1983, compared to a U.S. average of thirty-four dollars and

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seventy-one cents ($34.71), ranking this state sixth highest in the nation;

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      (ii) Per one thousand dollars ($1,000) of personal income, property tax collections in

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Rhode Island equaled five hundred and thirty-seven dollars ($537) that year, compared to a three

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hundred and eighty-one dollar ($381) U.S. average, placing the state ninth highest nationally; and

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      (iii) Rhode Island's cities and towns derived fifty-eight and nine-tenths percent (58.9%)

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of their own-source local general revenue from the property tax in fiscal year 1983, compared to

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an average of only twenty-eight and eight-tenths percent (28.8%) for all the states.

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      (3) In 1983-84, Rhode Island ranked only forty-third nationally in terms of state support

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for public elementary and secondary school, providing only thirty-six percent (36%) of these

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revenues.

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      (4) The state educational operations aid formula should be gradually increased until the

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state and municipalities equally share the cost of providing local education. The general assembly

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remains committed to that objective and intends to pursue that objective aggressively upon

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receipt and consideration of the final report of the joint legislative committee to establish a

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permanent education foundation aid formula in accordance with section 16-7.2-2 of the general

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laws.

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      (5) The state should also share a greater portion of its economically sensitive growth

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taxes with its cities and towns in order to further shift the burden of funding essential municipal

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services from the property tax.

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      (6) The growth in property tax levies should be capped in accordance with section 44-5-

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2 of the general laws to five and one-half percent (5.5%) annual growth as a quid pro quo for

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receiving increased state aid to reduce reliance on the property tax.

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     (7) Cities and towns should be assisted in their efforts to control school and municipal

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expenditures by appropriately amending state arbitration and school budgeting laws.

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     SECTION 4. Chapter 45-2 of the General Laws entitled "General Powers" is hereby

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amended by adding thereto the following section:

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     45-2-3.2. Availability of funds upon failure of city or town to approve annual

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appropriation. – Unless otherwise provided by a city or town charter, in an emergency caused

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by a failure of a city or town to approve an annual appropriation measure, the same amounts

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appropriated in the previous fiscal year shall be available for each department and division

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thereof, subject to monthly or quarterly allotments, in accordance with seasonal requirements, as

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determined by the city or town's chief financial officer: provided, that expenditures for payment

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of bonded indebtedness of the city or town and interest thereon shall be in such amounts as may

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be required, regardless of whether or not an annual appropriation ordinance is enacted by the city

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or town council.

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     SECTION 5. Section 16-2-21 of the General Laws in Chapter 16-2 entitled "School

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Committees and Superintendents" is hereby amended to read as follows:

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     16-2-21. Pre-budget consultation -- Annual reports -- Appropriation requests --

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Budgets. -- (a) At least sixty (60) days but not more than ninety (90) days prior to the formal

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submission of the school budget to the appropriate city or town officials by the school committee,

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there shall be a joint pre-budget meeting between the school committee and the city or town

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council(s). At or before this meeting:

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      (1) The highest elected official of the city or town shall submit to the school committee

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an estimate, prepared in a manner approved by the department of administration, of projected

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revenues for the next fiscal year. In the case of the property tax, the projections shall include only

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changes in the property tax base, not property tax rates;

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      (2) The school committee shall submit to the city or town council a statement for the

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next ensuing fiscal year of anticipated total expenditures, projected enrollments with resultant

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staff and facility requirements, and any necessary or mandated changes in school programs or

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operations; and

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      (3) The school committee shall prepare and submit, annually, to the department of

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elementary and secondary education, on or before the first day of August, a report in the manner

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and form prescribed by the state board of regents for elementary and secondary education; the

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committee shall also prepare not less than thirty (30) days before the date of the annual financial

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town meeting, or the date of the meeting of the city council at which annual appropriations are

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made, on forms prescribed and furnished by the department of elementary and secondary

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education, the estimates and recommendations of the amounts necessary to be appropriated for

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the support of public schools for the fiscal year ensuing; provided, that a copy of these estimates

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and recommendations shall be sent to the department of elementary and secondary education, and

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until the report is made, and if the estimates and recommendations are not presented to the

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department, it may refuse to draw its orders for the money in the state treasury apportioned to the

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city or town; provided, that the necessary blank for the report has been furnished by the

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department on or before the first day of June, next preceding, and the necessary forms for the

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estimates and recommendations shall have been furnished by the department not less than sixty

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(60) days before the date of the annual appropriations meeting of the city council; the committee

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shall also prepare and submit annually to the department of elementary and secondary education

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and at the annual financial town meeting a report to the city or town, setting forth its doings, the

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state and condition of the schools, and plans for their improvement, which report, unless printed,

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shall be read in open meeting; and if printed, at least three (3) copies shall be transmitted to the

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department on or before the day of the annual financial town meeting in each year.

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      (b) If the amount appropriated by the town meeting, the city or town council, or budget

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referendum is either more or less than the amount recommended and requested by the school

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committee, the school committee shall, within thirty (30) days after the appropriation is made,

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amend its estimates and recommendations so that expenses are no greater than the total of all

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revenue appropriated by the state or town or provided for public schools under the care, control,

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and management of the school committee.

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      (c) Only a school budget in which total expenses are less than or equal to appropriations

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and revenues shall be considered an adopted school budget.

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     (d) Notwithstanding any provision of the general or public laws to the contrary:

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     (i) the budget adopted and presented by any school committee for the fiscal year 2008

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shall not propose the appropriation of municipal funds (exclusive of state and federal aid) in

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excess of one hundred five and one-quarter percent (105.25%) of the total of municipal funds

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appropriated by the city or town council for school purposes for fiscal year 2007;

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     (ii) the budget adopted and presented by any school committee for the fiscal year 2009

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shall not propose the appropriation of municipal funds (exclusive of state and federal aid) in

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excess of one hundred five percent (105%) of the total of municipal funds appropriated by the

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city or town council for school purposes for fiscal year 2008;

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     (iii) the budget adopted and presented by any school committee for the fiscal year 2010

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shall not propose the appropriation of municipal funds (exclusive of state and federal aid) in

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excess of one hundred four and three-quarters percent (104.75%) of the total of municipal funds

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appropriated by the city or town council for school purposes for fiscal year 2009;

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     (iv) the budget adopted and presented by any school committee for the fiscal year 2011

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shall not propose the appropriation of municipal funds (exclusive of state and federal aid) in

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excess of one hundred four and one-half percent (104.5%) of the total of municipal funds

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appropriated by the city or town council for school purposes for fiscal year 2010;

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     (v) the budget adopted and presented by any school committee for the fiscal year 2012

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shall not propose the appropriation of municipal funds (exclusive of state and federal aid) in

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excess of one hundred four and one-quarter percent (104.25%) of the total of municipal funds

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appropriated by the city or town council for school purposes for fiscal year 2011; and

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     (vi) the budget adopted and presented by any school committee for the fiscal year 2013

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and for each fiscal year thereafter shall not propose the appropriation of municipal funds

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(exclusive of state and federal aid) in excess of one hundred four percent (104%) of the total of

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municipal funds appropriated by the city or town council for school purposes for fiscal year

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2012.

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     (e) Notwithstanding any provision of the general public laws to the contrary, any

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judgment rendered pursuant to subsection 16-2-21.4(b) shall consider the percentage caps on

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school district budgets set forth in subsection (d) of this section.

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     SECTION 6. Sections 45-13-7, 45-13-8 and 45-13-9 of the General Laws in Chapter 45-

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13 entitled "State Aid" are hereby amended to read as follows:

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     45-13-7. State mandated costs defined. -- "State mandate" means any state initiated

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statutory or executive action or rule, regulation or policy adopted by a state department or agency

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or a quasi-public department or agency that requires a local government to establish, expand, or

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modify its activities in a way as to necessitate additional expenditures from local government

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revenue sources where the expenditures are not otherwise reimbursed in whole or in part. When

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state statutory or executive actions or rules, regulations or policies are intended to achieve

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compliance with federal statutes or regulations or court orders, state mandates shall be determined

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as follows:

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      (1) Where the federal statute or regulations or court order is discretionary, the state

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statutory or executive action shall be considered a state mandate for the purposes of sections 45-

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13-7 -- 45-13-10.

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      (2) Where the state statutory or executive action or rule, regulation or policy exceeds

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what is required by the federal statute or regulation or court order, only the provisions of the state

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action which exceed the federal requirements shall be considered a state mandate for the purposes

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of sections 45-13-7 -- 45-13-10.

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      (3) Where the state statutory or executive action or rule, regulation or policy does not

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exceed what is required by the federal statute or regulation or court order, the state action shall

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not be considered a state mandate for the purposes of sections 45-13-7 -- 45-13-10.

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      (4) Where the cost of a single state mandate does not exceed the sum of five hundred

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dollars ($500) the state mandate shall not be reimbursable.

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     45-13-8. Reports. -- (a) The department of administration in consultation and

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cooperation with towns and cities shall maintain:

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      (1) An identification of state mandates created by statute since January 1, 1970;

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      (2) Specific identification of all state mandates established since July 1, 1979 which are

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subject to reimbursement in accordance with section 45-13-9, and the cost of each of these

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mandates to each city and town.

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      (b) The department of administration shall annually by January 1 issue a report

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identifying the state's mandates established during the preceding July 1 -- June 30 period and

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stating the cost by city and town of all state mandates established after January 1, 1979, for the

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next preceding July 1 -- June 30 period. The department of administration shall annually issue to

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cities and towns a comprehensive listing of all state mandates established after January 1, 1979.

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      (c) (1) Statutes and regulations containing state mandates shall include items eligible for

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reimbursement; however, failure to include these items shall not exempt any state mandates not

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otherwise exempted from the provisions of sections 45-13-7 -- 45-13-10.

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      (2) Cities and towns shall submit to the department of administration in any form that

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may be established by the department, a report of the cost of each state mandate established after

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January 1, 1979, to the city or town. The reports shall be submitted by April 1 each year and shall

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state costs incurred by the city or town during the preceding July 1 -- June 30 period.

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      (3) The reports of cities and towns requesting reimbursement for state mandates are

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subject to audit procedures established under section 45-10-5.1.

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      (d) The department of administration shall issue by January 1, 1988 and by January 1 of

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each fourth (4th) year thereafter, a report to the governor and the General Assembly

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recommending the modification or repeal of existing state mandates which are deemed to be

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inappropriate or obsolete and citing the reason for the recommendation on the fourth (4th) year

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anniversary of those state mandates. This report shall be prepared by the local government

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assistance division Rhode Island office of municipal affairs within the department of

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administration in consultation and cooperation with the affected state agencies and the Rhode

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Island league of cities and towns and the Rhode Island association of school committees.

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      (e) All reports issued by the department of administration in accordance with this

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subsection shall be adopted by rule as provided for in chapter 35 of title 42.

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     45-13-9. Reimbursement to cities and towns for the costs of state mandates. --

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Reimbursement to cities and towns and school districts for the costs of state mandates. -- (a)

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(1) The department of administration shall submit to the budget office by September October 1 of

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each year, a report by each city and town, of the cost of state mandates established after January

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1, 1979, to be reimbursed for the next preceding July 1 -- June 30 period.

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      (2) The budget office shall annually include the statewide total of the statement of costs

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of state mandates to be reimbursed in the state budget for the next fiscal year; provided, that any

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costs resulting from the rules and regulations of state departments or agencies shall be allocated

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to the budgets of those departments or agencies.

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      (b) The state treasurer shall in July of each year distribute to cities and towns the

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reimbursements for state mandated costs in accordance with the report submitted by the

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department of administration to the state budget office.

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     SECTION 7. Chapter 45-13 of the General Laws entitled "State Aid" is hereby amended

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by adding thereto the following section:

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     45-13-11.1. Excuse, avoidance or suspension of reimbursement requirements. -- The

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provisions of sections 45-13-6 through 45-3-10 of this chapter may be excused, avoided or

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suspended only by law enacted by the affirmative vote of three-fifths (3/5) of the full membership

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of each house of the general assembly.

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     SECTION 8. It is the finding of the General Assembly that the most burdensome tax that

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the citizens of this state must pay is the property tax. In order to provide relief from the adverse

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impact of that tax, the General Assembly requires certain information. The Office of Municipal

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Affairs in the Department of Administration is therefore authorized to and directed to undertake

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an inventory of all current property tax treaties; payments in lieu of taxes, agreements reached

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through ordinance or public law; all exemptions, including delayed payments, freezes or any

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other programs in any form, and any and all other similar mechanisms for reducing property taxes

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and/or providing property tax relief within and among the several cities and towns, including the

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legal basis for the granting of these treaties agreements, and exemptions by the municipalities.

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The several cities and towns are hereby requested to provide whatever assistance may be

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necessary or useful to the Office of Municipal Affairs in executing its responsibilities hereunder.

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     The Office of Municipal Affairs is further authorized and directed to review and analyze

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this material and to make a report and recommendations to the General Assembly by November

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15, 2006, with copies to the President of the Senate, Speaker of the House, the Chairperson of the

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Senate Finance Committee, the Chairperson of the House Finance Committee, the Senate Fiscal

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Advisor and the House Fiscal Advisor.

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     It is the intention of the legislature that procedures and methodologies utilized for tax

10-31

treaties, payment in lieu of taxes, tax agreements and other property tax stabilization vehicles

10-32

employed by the various cities and towns be treated in the same manner with regard to

10-33

determination of value relative to tax rolls and the use of this information for determining state

10-34

aid, including education state aid to said communities. Payments in lieu of taxes covered under

11-1

section 45-13-5.1 of the General Laws need not be reviewed.

11-2

     SECTION 9. This act shall take effect upon passage, except that sections 6 and 7 shall

11-3

take effect on January 1, 2007.

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LC03048/SUB A/3

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TAXATION -- PROPERTY TAXES

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12-1

     This act would reduce the percentage increase a city or town may increase property taxes

12-2

over the previous year from five and one half percent (5.5%) to five and one quarter percent

12-3

(5.25%) in 2008 and to four percent (4%) in 2013 and would include pre-budget consultation

12-4

regarding school budgets.

12-5

     This act would take effect upon passage, except that section 6 would take effect on

12-6

January 1, 2007.

     

     

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LC03048/SUB A/

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2006 -- S 3050 H.

SUBSTITUTE A

A N A C T

RELATING TO TAXATION -- PROPERTY TAXES

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LC03048/SUB A/3

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Presented by

S3050A