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2006 -- S 3050 SUBSTITUTE A AS AMENDED | |
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LC03048/SUB A/3 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2006 | |
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____________ | |
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A N A C T | |
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RELATING TO TAXATION -- PROPERTY TAXES | |
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     Introduced By: Senators Paiva-Weed, J Montalbano, Alves, Lenihan, and Felag | |
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     Date Introduced: April 27, 2006 | |
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     Referred To: Senate Finance | |
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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) |
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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 |
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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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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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      |
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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 |
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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 |
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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 |
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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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approved by |
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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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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 |
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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 |
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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 |
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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 |
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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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9-18 |
      (3) The reports of cities and towns requesting reimbursement for state mandates are |
|
9-19 |
subject to audit procedures established under section 45-10-5.1. |
|
9-20 |
      (d) The department of administration shall issue by January 1, 1988 and by January 1 of |
|
9-21 |
each fourth (4th) year thereafter, a report to the governor and the General Assembly |
|
9-22 |
recommending the modification or repeal of existing state mandates which are deemed to be |
|
9-23 |
inappropriate or obsolete and citing the reason for the recommendation on the fourth (4th) year |
|
9-24 |
anniversary of those state mandates. This report shall be prepared by the |
|
9-25 |
|
|
9-26 |
administration in consultation and cooperation with the affected state agencies and the Rhode |
|
9-27 |
Island league of cities and towns and the Rhode Island association of school committees. |
|
9-28 |
      (e) All reports issued by the department of administration in accordance with this |
|
9-29 |
subsection shall be adopted by rule as provided for in chapter 35 of title 42. |
|
9-30 |
     45-13-9. |
|
9-31 |
Reimbursement to cities and towns and school districts for the costs of state mandates. -- (a) |
|
9-32 |
(1) The department of administration shall submit to the budget office by |
|
9-33 |
each year, a report by each city and town, of the cost of state mandates established after January |
|
9-34 |
1, 1979, to be reimbursed for the next preceding July 1 -- June 30 period. |
|
10-1 |
      (2) The budget office shall annually include the statewide total of the statement of costs |
|
10-2 |
of state mandates to be reimbursed in the state budget for the next fiscal year; provided, that any |
|
10-3 |
costs resulting from the rules and regulations of state departments or agencies shall be allocated |
|
10-4 |
to the budgets of those departments or agencies. |
|
10-5 |
      (b) The state treasurer shall in July of each year distribute to cities and towns the |
|
10-6 |
reimbursements for state mandated costs in accordance with the report submitted by the |
|
10-7 |
department of administration to the state budget office. |
|
10-8 |
     SECTION 7. Chapter 45-13 of the General Laws entitled "State Aid" is hereby amended |
|
10-9 |
by adding thereto the following section: |
|
10-10 |
     45-13-11.1. Excuse, avoidance or suspension of reimbursement requirements. -- The |
|
10-11 |
provisions of sections 45-13-6 through 45-3-10 of this chapter may be excused, avoided or |
|
10-12 |
suspended only by law enacted by the affirmative vote of three-fifths (3/5) of the full membership |
|
10-13 |
of each house of the general assembly. |
|
10-14 |
     SECTION 8. It is the finding of the General Assembly that the most burdensome tax that |
|
10-15 |
the citizens of this state must pay is the property tax. In order to provide relief from the adverse |
|
10-16 |
impact of that tax, the General Assembly requires certain information. The Office of Municipal |
|
10-17 |
Affairs in the Department of Administration is therefore authorized to and directed to undertake |
|
10-18 |
an inventory of all current property tax treaties; payments in lieu of taxes, agreements reached |
|
10-19 |
through ordinance or public law; all exemptions, including delayed payments, freezes or any |
|
10-20 |
other programs in any form, and any and all other similar mechanisms for reducing property taxes |
|
10-21 |
and/or providing property tax relief within and among the several cities and towns, including the |
|
10-22 |
legal basis for the granting of these treaties agreements, and exemptions by the municipalities. |
|
10-23 |
The several cities and towns are hereby requested to provide whatever assistance may be |
|
10-24 |
necessary or useful to the Office of Municipal Affairs in executing its responsibilities hereunder. |
|
10-25 |
     The Office of Municipal Affairs is further authorized and directed to review and analyze |
|
10-26 |
this material and to make a report and recommendations to the General Assembly by November |
|
10-27 |
15, 2006, with copies to the President of the Senate, Speaker of the House, the Chairperson of the |
|
10-28 |
Senate Finance Committee, the Chairperson of the House Finance Committee, the Senate Fiscal |
|
10-29 |
Advisor and the House Fiscal Advisor. |
|
10-30 |
     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. |
|
======= | |
|
LC03048/SUB A/3 | |
|
======== | |
|
EXPLANATION | |
|
BY THE LEGISLATIVE COUNCIL | |
|
OF | |
|
A N A C T | |
|
RELATING TO TAXATION -- PROPERTY TAXES | |
|
*** | |
|
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. |
|
      | |
|
      | |
|
======= | |
|
LC03048/SUB A/ | |
|
======= | |
|
2006 -- S 3050 H. | |
|
SUBSTITUTE A | |
|
A N A C T | |
|
RELATING TO TAXATION -- PROPERTY TAXES | |
|
======= | |
|
LC03048/SUB A/3 | |
|
======= | |
|
====================================================================== | |
|
Presented by | |