RI tax madness

"Ron McKinnon" wrote in message
. ca...

"Ron Rosenfeld" wrote in message
...
On Thu, 28 Aug 2003 15:08:31 -0400, Ray Andraka wrote:

I also saw the article on avweb this morning. Being a Rhode Island
based pilot, I am deeply troubled by this. I have spent a bit of time
today trying to find the legislation that enacts this, and so far have
not
found it. If you have a bill or resolution number, I could use that
when
I call my rep to bitch about it. We did have a bill in the legislature
to
repeal sales and use taxes on aircraft related matters here in the
state
to help encourage business. This news is diametrically opposed to
what had been proposed in the bill earlier this year.

http://www.rules.state.ri.us/rules/r...DOTAX_2510.pdf

Interesting. This document raises a number of questions in my mind, such
as:

This document specifies the effective date as April 02, 2003. Has this
been in force since then? If so, why are we just aware of it now?, and if
not, can the state impose a new tax retroactively? (It would seem
to be unconstitutional, US Constitution, article 9 ..."No bill of
attainder
or ex post facto law shall be passed.")

I'm also thinking that charging the tax on aircraft relocated to RI,
from some other state, is effectively a 'tax or duty laid on articles
exported from another state', which would also seem to be
denied by the US Constitution (article 9, also).

What is the 'emergency' justification? Is this justification
within the purview of Tax Administrator?

What legal/public process is required in order to cause such a
regulation
to come into effect? Did this occur? Can a new tax be imposed without
legislative or public input? What kind of notice period is required for
such a new tax? Or is that the 'emergency' - an end-run around the
nuisance of a public process?


Oops. References here to 'article 9' should have been article 1, section 9
....