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2 | 2 | | HOUSE DOCKET, NO. 4173 FILED ON: 2/21/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3826 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | James C. Arena-DeRosa |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act authorizing the town of Holliston to establish a means-tested senior citizen property tax |
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13 | 13 | | exemption. |
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14 | 14 | | _______________ |
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15 | 15 | | PETITION OF: |
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16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:James C. Arena-DeRosa8th Middlesex2/21/2023 1 of 3 |
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17 | 17 | | HOUSE DOCKET, NO. 4173 FILED ON: 2/21/2023 |
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18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 3826 |
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19 | 19 | | By Representative Arena-DeRosa of Holliston, a petition (accompanied by bill, House, No. |
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20 | 20 | | 3826) of James C. Arena-DeRosa (by vote of the town) that the town of Holliston be authorized |
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21 | 21 | | to establish a means-tested senior citizen property tax exemption in said town. Revenue. [Local |
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22 | 22 | | Approval Received.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Third General Court |
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26 | 26 | | (2023-2024) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act authorizing the town of Holliston to establish a means-tested senior citizen property tax |
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29 | 29 | | exemption. |
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30 | 30 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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31 | 31 | | of the same, as follows: |
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32 | 32 | | 1 SECTION 1. With respect to each qualifying parcel of real property classified as class |
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33 | 33 | | 2one, residential in the Town of Holliston, there shall be an exemption from the property tax in an |
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34 | 34 | | 3amount to be set annually by the Select Board as provided in Section 3. The exemption shall be |
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35 | 35 | | 4applied to the domicile of the taxpayer only. For the purposes of this act, “parcel” shall mean a |
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36 | 36 | | 5unit of real property as defined by the Board of Assessors under the deed for the property and |
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37 | 37 | | 6shall include a condominium unit. The exemption provided for in this section shall be in addition |
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38 | 38 | | 7to any other exemptions allowed pursuant to the General Laws. |
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39 | 39 | | 8 SECTION 2. The Board of Assessors of the Town of Holliston may deny an application |
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40 | 40 | | 9for exemption if the board finds that the applicant has excessive assets that place the applicant |
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41 | 41 | | 10outside of the intended recipients of the senior exemption established pursuant to this act. Real |
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42 | 42 | | 11property shall qualify for the exemption pursuant to Section 1 if the following criteria are met: 2 of 3 |
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43 | 43 | | 12 (i) the qualifying real property is owned and occupied by a person whose prior year’s |
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44 | 44 | | 13income would make the person eligible for the circuit breaker income tax credit pursuant to |
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45 | 45 | | 14subsection (k) of Section 6 of Chapter 62 of the General Laws; |
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46 | 46 | | 15 (ii) the qualifying real property is owned by a single applicant who was age 65 or older at |
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47 | 47 | | 16the close of the previous year or jointly by persons who are 60 years of age or older, provided |
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48 | 48 | | 17that not less than 1 joint owner was age 65 or older at the close of the previous year; |
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49 | 49 | | 18 (iii) the qualifying real property is owned and occupied by the applicant or joint |
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50 | 50 | | 19applicants as their domicile; |
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51 | 51 | | 20 (iv) the applicant, or at least 1 of the joint applicants, has been domiciled and owned a |
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52 | 52 | | 21home in the Town of Holliston for not less than 10 consecutive years before filing an application |
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53 | 53 | | 22for the exemption; |
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54 | 54 | | 23 (v) the maximum assessed value of the domicile is not greater than the prior year’s |
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55 | 55 | | 24maximum assessed value for qualification for the circuit breaker income tax credit pursuant to |
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56 | 56 | | 25subsection (k) of Section 6 of Chapter 62 of the General Laws, as adjusted annually by the |
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57 | 57 | | 26Department of Revenue; and |
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58 | 58 | | 27 (vi) the Board of Assessors has approved the application for the exemption. |
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59 | 59 | | 28 SECTION 3. The Select Board of the Town of Holliston shall annually set the exemption |
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60 | 60 | | 29amount provided for in Section 1; provided, however, that the amount of the exemption shall be |
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61 | 61 | | 30not less |
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62 | 62 | | 31 than 50 per cent and not more than 200 per cent of the amount of the circuit breaker |
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63 | 63 | | 32income tax credit pursuant to subsection (k) of Section 6 of Chapter 62 of the General Laws for 3 of 3 |
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64 | 64 | | 33which the applicant qualified in the previous year. The total amount exempted by this act shall be |
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65 | 65 | | 34allocated proportionally within the tax levy on all residential taxpayers. |
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66 | 66 | | 35 SECTION 4. A person who seeks to qualify for the exemption pursuant to Section 1 |
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67 | 67 | | 36shall, before the deadline established by the Board of Assessors of the town of Holliston, file an |
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68 | 68 | | 37application, on a form adopted by the Board of Assessors, with the supporting documentation of |
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69 | 69 | | 38the applicant’s income and assets as described in the application. The application shall be filed |
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70 | 70 | | 39each year for which the applicant seeks the exemption. |
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71 | 71 | | 40 SECTION 5. No exemption shall be granted pursuant to this act until the Department of |
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72 | 72 | | 41Revenue certifies a residential tax rate for the applicable tax year where the total exemption |
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73 | 73 | | 42amount is raised by a burden shift within the residential tax levy. |
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74 | 74 | | 43 SECTION 6. The exemption provided in this act shall expire 3 years after the effective |
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75 | 75 | | 44date of this act; provided, however, that the Town of Holliston may reauthorize the exemption |
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76 | 76 | | 45for additional 3-year intervals by a vote of the legislative body of the town. |
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77 | 77 | | 46 SECTION 7. This act shall take effect upon its passage. |
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