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2 | 2 | | HOUSE DOCKET, NO. 5302 FILED ON: 8/7/2024 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 5006 |
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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 | | John Barrett, III |
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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 establishing a means tested senior property tax exemption in the town of Williamstown. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:John Barrett, III1st Berkshire8/7/2024 1 of 4 |
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16 | 16 | | HOUSE DOCKET, NO. 5302 FILED ON: 8/7/2024 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 5006 |
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18 | 18 | | By Representative Barrett of North Adams, a petition (accompanied by bill, House, No. 5006) of |
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19 | 19 | | John Barrett, III (by vote of the town) for legislation to establish a means tested senior property |
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20 | 20 | | tax exemption in the town of Williamstown. Revenue. [Local Approval Received.] |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Third General Court |
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24 | 24 | | (2023-2024) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act establishing a means tested senior property tax exemption in the town of Williamstown. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 SECTION 1. There shall be an exemption from the property tax for each qualifying |
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30 | 30 | | 2parcel of real property classified as class one, residential in the town of Williamstown in an |
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31 | 31 | | 3amount to be set annually by the select board as provided in section 3. The exemption shall be |
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32 | 32 | | 4applied only to the domicile of the taxpayer; provided, however, that for the purposes of this act, |
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33 | 33 | | 5“parcel” shall mean a unit of real property as defined by the board of assessors under the deed for |
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34 | 34 | | 6the property and shall include a condominium unit. The exemption provided for in this act shall |
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35 | 35 | | 7be in addition to any and all other exemptions allowed by the General Laws. |
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36 | 36 | | 8 SECTION 2. The board of assessors in the town of Williamstown may deny an |
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37 | 37 | | 9application if they find the applicant has excessive assets that place the applicant outside of the |
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38 | 38 | | 10intended recipients of the exemption under this act. Real property shall qualify for the exemption |
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39 | 39 | | 11in section 1 if: 2 of 4 |
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40 | 40 | | 12 (i)The qualifying real property is owned and occupied by a person whose prior |
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41 | 41 | | 13year’s income would make the person eligible for the circuit breaker income tax credit under |
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42 | 42 | | 14subsection (k) of section 6 of chapter 62 of the General Laws; |
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43 | 43 | | 15 (ii)The qualifying real property is owned: (a) by a single applicant not less than 65 |
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44 | 44 | | 16years of age at the close of the previous year; or (b) jointly by persons either of whom is not less |
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45 | 45 | | 17than 65 years of age at the close of the previous year and the other joint applicant is not less than |
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46 | 46 | | 1860 years of age; |
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47 | 47 | | 19 (iii)The qualifying real property is owned and occupied by the applicant or joint |
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48 | 48 | | 20applicant as their domicile; |
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49 | 49 | | 21 (iv)The applicant or at least 1 of the joint applicants has been domiciled and owned a |
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50 | 50 | | 22home in the town for not less than 5 consecutive years before filing an application for the |
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51 | 51 | | 23exemption; |
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52 | 52 | | 24 (v)The maximum assessed value of the qualifying property is no greater than the |
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53 | 53 | | 25town’s median single-family assessed value of the prior fiscal year plus 10 per cent; and |
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54 | 54 | | 26 (vi)The board of assessors has approved the application |
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55 | 55 | | 27 SECTION 3. The select board of the town of Williamstown shall annually set the |
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56 | 56 | | 28exemption amount under section 1 up to 150 per cent of the amount of the circuit breaker income |
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57 | 57 | | 29tax credit under subsection (k) of section 6 of chapter 62 of the General Laws for which the |
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58 | 58 | | 30applicant qualified in the previous year. The total amount exempted by this act shall be allocated |
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59 | 59 | | 31proportionally within the tax levy on all residential taxpayers. 3 of 4 |
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60 | 60 | | 32 SECTION 4. The exemption under section 1 shall be in addition to any other exemption |
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61 | 61 | | 33allowable under the General Laws, except that there shall be a dollar cap on the total exemptions |
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62 | 62 | | 34granted pursuant to this act of up to 1.0 per cent of the fiscal year’s total residential property tax |
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63 | 63 | | 35levy for the town of Williamstown, including the levy for the regional high school if not included |
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64 | 64 | | 36in the town’s tax levy at some subsequent date, with the total exemption amount granted |
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65 | 65 | | 37pursuant to this act allocated proportionally within the tax levy on all residential taxpayers. The |
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66 | 66 | | 38total cap on the exemptions granted pursuant to this act shall be set annually by the select board |
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67 | 67 | | 39within a range of up to 1 per cent, inclusive, of the residential property tax levy for the town. If |
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68 | 68 | | 40benefits to the applicants may be limited because the cap on exemptions established annually by |
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69 | 69 | | 41the select board would otherwise be exceeded, the limitation on benefits shall be allocated pro |
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70 | 70 | | 42rata among the qualifying applicants. |
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71 | 71 | | 43 SECTION 5. A person who seeks to qualify for the exemption under section 1 shall, |
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72 | 72 | | 44before the deadline established by the board of assessors of the town of Williamstown, file an |
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73 | 73 | | 45application, on a form to be adopted by the board, with supporting documentation relative to the |
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74 | 74 | | 46applicant’s income and assets as described in the application. The application shall be filed each |
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75 | 75 | | 47year for which the applicant seeks the exemption. |
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76 | 76 | | 48 SECTION 6. No exemption shall be granted under this act until the department of |
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77 | 77 | | 49revenue certifies a residential tax rate for the applicable tax year where the total exemption |
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78 | 78 | | 50amount is raised by a burden shift within the residential tax levy. |
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79 | 79 | | 51 SECTION 7. This act may be revoked by an affirmative vote of a majority of the voters |
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80 | 80 | | 52of the town at any regular or special town election at which the question of revocation is placed 4 of 4 |
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81 | 81 | | 53on the ballot. Revocation shall take effect 30 days after an affirmative vote of the town to revoke |
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82 | 82 | | 54those sections unless the vote designates a different date. |
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83 | 83 | | 55 SECTION 8. This act shall take effect upon its passage. |
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