§ 44-34-11 - Rhode Island vehicle value commission.
SECTION 44-34-11
§ 44-34-11 Rhode Island vehicle valuecommission. – (a) There is hereby authorized, created, and established the "Rhode Islandvehicle value commission" whose function it is to establish presumptive valuesof vehicles and trailers subject to the excise tax.
(b) The commission shall consist of the following seven (7)members as follows:
(1) The director of the department of revenue or his/herdesignee from the department of revenue, who shall serve as chair;
(2) Five (5) local tax officials named by the governor, atleast one of whom shall be from a city or town under ten thousand (10,000)population and at least one of whom is from a city or town over fifty thousand(50,000) population in making these appointments the governor shall give dueconsideration to the recommendations submitted by the President of the RhodeIsland League of Cities and Towns and each appointment shall be subject to theadvice and consent of the senate;
(3) And one motor vehicle dealer appointed by the governorupon giving due consideration to the recommendation of the director of revenueand subject to the advice and consent of the senate.
(4) All members shall serve for a term of three (3) years.
(5) Current legislative appointees shall cease to be membersof the commission upon the effective date of this act. Non-legislativeappointees to the commission may serve out their terms whereupon theirsuccessors shall be appointed in accordance with this act. No one shall beeligible for appointment to the commission unless he or she is a resident ofthis state.
(6) Public members of the commission shall be removable bythe governor pursuant to § 36-1-7 for cause only, and removal solely forpartisan or personal reasons unrelated to capacity or fitness for the officeshall be unlawful.
(7) The governor shall appoint a chairperson from thecommission's members. The commission shall elect from among its members otherofficers as it may deem appropriate.
(c) The commission shall annually determine the presumptivevalues of vehicles and trailers subject to the excise tax in the followingmanner:
(1) Not earlier than September 30 and not later than December31 of each year, the commission shall by rule adopt a methodology fordetermining the presumptive value of vehicles and trailers subject to theexcise tax which shall give consideration to the following factors:
(i) The average retail price of similar vehicles of the samemake, model, type, and year of manufacture as reported by motor vehicle dealersor by official used car guides, such as that of the National Automobile DealersAssociation for New England. Where regional guides are not available, thecommission shall use other publications deemed appropriate; and
(ii) Other information concerning the average retail pricesfor make, model, type, and year of manufacture of motor vehicles as thedirector and the Rhode Island vehicle value commission may deem appropriate todetermine fair values.
(2) On or before February 1 of each year, it shall adopt alist of values for vehicles and trailers of the same make, model, type, andyear of manufacture as of the preceding December 31 in accordance with themethodology adopted between September 30 and December 31; the list shall besubject to a public hearing at least five (5) business days prior to the dateof its adoption.
(3) Nothing in this section shall be deemed to require thecommission to determine the presumptive value of vehicles and trailers whichare unique, to which special equipment has been added or to which specialmodifications have been made, or for which adequate information is notavailable from the sources referenced in subdivision (1) of this subsection;provided, that the commission may consider those factors in its lists orregulations.
(4) The commission shall annually provide the list ofpresumptive values of vehicles and trailers to each tax assessor on or beforeFebruary 15 of each year.
(d) The commission shall adopt rules governing itsorganization and the conduct of its business; prior to the adoption of therules, the chair shall have the power to call meetings, and a simple majorityof the members of the commission, as provided for in subsection (b) of thissection, is necessary for a quorum, which quorum by majority vote shall havethe power to conduct business in the name of the commission. The commission mayadopt rules and elect from among its members such other officers as it deemsnecessary.
(e) The commission shall have the power to contract forprofessional services that it deems necessary for the development of themethodology for determining presumptive values, for calculating presumptivevalues according to the methodology, and for preparing the list of presumptivevalues in a form and format that is generally usable by cities and towns intheir preparation of tax bills. The commission shall also have the power toincur reasonable expenses in the conduct of its business as required by thischapter and to authorize payments for the expenses.
(f) Commission members shall receive no compensation for theperformance of their duties but may be reimbursed for their reasonable expensesincurred in carrying out such duties.
(g) The commission shall respond to petitions of appeal bylocal boards of review in accordance with the provisions of § 44-34-9.
(h) The commission shall establish, by rule, procedures foradopting an annual budget and for administering its finances. After July 1,1986, one-half ( 1/2) of the cost of the commission's operations shall be borneby the state and one-half ( 1/2) shall be borne by cities and towns within thestate, with the city and town share distributed among cities and towns on a percapita basis.
(i) Within ninety (90) days after the end of each fiscalyear, the commission shall approve and submit an annual report to the governor,the speaker of the house of representatives, the president of the senate, andthe secretary of state of its activities during that fiscal year. The reportshall provide: an operating statement summarizing meetings or hearings held,meeting minutes if requested, subjects addressed, decisions rendered, rules orregulations promulgated, studies conducted, policies and plans developed,approved, or modified, and programs administered or initiated; a consolidatedfinancial statement of all funds received and expended including the source ofthe funds, a listing of any staff supported by these funds, and a summary ofany clerical, administrative or technical support received; a summary ofperformance during the previous fiscal year including accomplishments,shortcomings and remedies; a synopsis of hearings, complaints, suspensions, orother legal matters related to the authority of the commission; a summary ofany training courses held pursuant to this subsection, a briefing onanticipated activities in the upcoming fiscal year; and findings andrecommendations for improvements. The report shall be posted electronically onthe general assembly and the secretary of state's websites as prescribed in§ 42-20-8.2. The director of the department of revenue shall beresponsible for the enforcement of this provision.