1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW. |
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4 | 4 | | [Brackets] indicate matter deleted from existing law. |
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5 | 5 | | *hb0697* |
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6 | 6 | | |
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7 | 7 | | HOUSE BILL 697 |
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8 | 8 | | Q1, Q2 2lr2869 |
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9 | 9 | | CF SB 434 |
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10 | 10 | | By: Delegates Munoz, Anderton, Arikan, Bartlett, Chang, Chisholm, Ghrist, |
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11 | 11 | | Griffith, Hornberger, Howard, D. Jones, Kipke, Mangione, McComas, |
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12 | 12 | | McKay, Morgan, Novotny, Rogers, Saab, Shoemaker, Szeliga, and Thiam |
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13 | 13 | | Introduced and read first time: January 31, 2022 |
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14 | 14 | | Assigned to: Ways and Means |
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15 | 15 | | |
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16 | 16 | | A BILL ENTITLED |
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17 | 17 | | |
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18 | 18 | | AN ACT concerning 1 |
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19 | 19 | | |
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20 | 20 | | Anne Arundel County – Property Tax Credit – Disabled or Fallen Law 2 |
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21 | 21 | | Enforcement Officers and Rescue Workers, Surviving Spouses, and Cohabitants 3 |
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22 | 22 | | |
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23 | 23 | | FOR the purpose of expanding eligibility for a certain property tax credit for certain 4 |
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24 | 24 | | residential real property in Anne Arundel County owned by a certain disabled law 5 |
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25 | 25 | | enforcement officer or rescue worker, surviving spouse, or cohabitant; and generally 6 |
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26 | 26 | | relating to a property tax credit for residential real property owned by a disabled law 7 |
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27 | 27 | | enforcement officer or rescue worker, surviving spouse, or cohabitant. 8 |
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28 | 28 | | |
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29 | 29 | | BY repealing and reenacting, with amendments, 9 |
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30 | 30 | | Article – Tax – Property 10 |
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31 | 31 | | Section 9–210 11 |
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32 | 32 | | Annotated Code of Maryland 12 |
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33 | 33 | | (2019 Replacement Volume and 2021 Supplement) 13 |
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34 | 34 | | |
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35 | 35 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14 |
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36 | 36 | | That the Laws of Maryland read as follows: 15 |
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37 | 37 | | |
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38 | 38 | | Article – Tax – Property 16 |
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39 | 39 | | |
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40 | 40 | | 9–210. 17 |
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41 | 41 | | |
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42 | 42 | | (a) (1) In this section the following words have the meanings indicated. 18 |
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43 | 43 | | |
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44 | 44 | | (2) “Cohabitant” means an individual who for a period of at least 180 days 19 |
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45 | 45 | | in the year before the death of a fallen law enforcement officer or rescue worker: 20 |
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46 | 46 | | |
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47 | 47 | | (i) had a relationship of mutual interdependence with the fallen law 21 |
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48 | 48 | | enforcement officer or rescue worker; and 22 2 HOUSE BILL 697 |
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49 | 49 | | |
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50 | 50 | | |
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51 | 51 | | |
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52 | 52 | | (ii) resided with the fallen law enforcement officer or rescue worker 1 |
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53 | 53 | | in the dwelling. 2 |
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54 | 54 | | |
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55 | 55 | | (3) “Disabled law enforcement officer or rescue worker” means an 3 |
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56 | 56 | | individual who: 4 |
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57 | 57 | | |
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58 | 58 | | (i) has been found to be permanently and totally disabled by an 5 |
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59 | 59 | | administrative body or court of competent jurisdiction authorized to make such a 6 |
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60 | 60 | | determination; and 7 |
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61 | 61 | | |
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62 | 62 | | (ii) became disabled: 8 |
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63 | 63 | | |
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64 | 64 | | 1. as a result of or in the course of employment as a law 9 |
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65 | 65 | | enforcement officer or a correctional officer; or 10 |
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66 | 66 | | |
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67 | 67 | | 2. while in the active service of a fire, rescue, or emergency 11 |
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68 | 68 | | medical service, unless the disability was the result of the individual’s own willful 12 |
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69 | 69 | | misconduct or abuse of alcohol or drugs. 13 |
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70 | 70 | | |
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71 | 71 | | (4) (i) “Dwelling” means real property that: 14 |
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72 | 72 | | |
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73 | 73 | | 1. is the legal residence of a disabled law enforcement officer 15 |
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74 | 74 | | or rescue worker, a surviving spouse, or a cohabitant; and 16 |
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75 | 75 | | |
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76 | 76 | | 2. is occupied by not more than two families. 17 |
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77 | 77 | | |
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78 | 78 | | (ii) “Dwelling” includes the lot or curtilage and structures necessary 18 |
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79 | 79 | | to use the real property as a residence. 19 |
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80 | 80 | | |
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81 | 81 | | (5) “Fallen law enforcement officer or rescue worker” means an individual 20 |
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82 | 82 | | who dies: 21 |
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83 | 83 | | |
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84 | 84 | | (i) as a result of or in the course of employment as a law enforcement 22 |
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85 | 85 | | officer or a correctional officer; or 23 |
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86 | 86 | | |
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87 | 87 | | (ii) while in the active service of a fire, rescue, or emergency medical 24 |
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88 | 88 | | service, unless the death was the result of the individual’s own willful misconduct or abuse 25 |
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89 | 89 | | of alcohol or drugs. 26 |
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90 | 90 | | |
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91 | 91 | | (6) “Surviving spouse” means a surviving spouse, who has not remarried, 27 |
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92 | 92 | | of a fallen law enforcement officer or rescue worker. 28 |
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93 | 93 | | |
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94 | 94 | | (b) The Mayor and City Council of Baltimore City or the governing body of a 29 |
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95 | 95 | | county or municipal corporation may grant, by law, a property tax credit under this section 30 |
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96 | 96 | | against the county or municipal corporation property tax imposed on a dwelling that is 31 HOUSE BILL 697 3 |
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97 | 97 | | |
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98 | 98 | | |
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99 | 99 | | owned by a disabled law enforcement officer or rescue worker, a surviving spouse of a fallen 1 |
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100 | 100 | | law enforcement officer or rescue worker, or a cohabitant: 2 |
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101 | 101 | | |
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102 | 102 | | (1) if the dwelling was owned by the disabled law enforcement officer or 3 |
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103 | 103 | | rescue worker at the time the law enforcement officer or rescue worker was adjudged to be 4 |
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104 | 104 | | permanently and totally disabled or by the fallen law enforcement officer or rescue worker 5 |
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105 | 105 | | at the time of the fallen law enforcement officer’s or rescue worker’s death; 6 |
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106 | 106 | | |
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107 | 107 | | (2) if the disabled law enforcement officer or rescue worker was domiciled 7 |
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108 | 108 | | in the State as of the date the disabled law enforcement officer or rescue worker was 8 |
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109 | 109 | | adjudged to be permanently and totally disabled or the fallen law enforcement officer or 9 |
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110 | 110 | | rescue worker, the surviving spouse, or the cohabitant was domiciled in the State as of the 10 |
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111 | 111 | | date of the fallen law enforcement officer’s or rescue worker’s death and the dwelling was 11 |
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112 | 112 | | acquired by the disabled law enforcement officer or rescue worker within 10 years of the 12 |
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113 | 113 | | date the disabled law enforcement officer or rescue worker was adjudged to be permanently 13 |
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114 | 114 | | and totally disabled or by the surviving spouse or cohabitant within 10 years of the fallen 14 |
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115 | 115 | | law enforcement officer’s or rescue worker’s death; 15 |
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116 | 116 | | |
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117 | 117 | | (3) if the dwelling was owned by the surviving spouse or cohabitant at the 16 |
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118 | 118 | | time of the fallen law enforcement officer’s or rescue worker’s death; or 17 |
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119 | 119 | | |
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120 | 120 | | (4) (I) if the dwelling was acquired after the disabled law enforcement 18 |
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121 | 121 | | officer or rescue worker, the surviving spouse, or the cohabitant qualified for a credit for a 19 |
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122 | 122 | | former dwelling under item (1), (2), or (3) of this subsection, to the extent of the previous 20 |
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123 | 123 | | credit; OR 21 |
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124 | 124 | | |
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125 | 125 | | (II) IN ANNE ARUNDEL COUNTY, IF THE DWELLING WAS 22 |
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126 | 126 | | ACQUIRED AFTER THE D ISABLED LAW ENFORCEM ENT OFFICER OR RESCU E 23 |
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127 | 127 | | WORKER, THE SURVIVING SPOUSE , OR THE COHABITANT QU ALIFIED FOR A CREDIT 24 |
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128 | 128 | | FOR A FORMER DWEL LING ANYWHERE IN THE STATE UNDER ITEM (1), (2), OR (3) OF 25 |
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129 | 129 | | THIS SUBSECTION , TO THE EXTENT OF THE PREVIOUS CREDIT . 26 |
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130 | 130 | | |
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131 | 131 | | (c) A county or municipal corporation may provide, by law, for: 27 |
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132 | 132 | | |
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133 | 133 | | (1) the amount and duration of a property tax credit allowed under this 28 |
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134 | 134 | | section; 29 |
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135 | 135 | | |
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136 | 136 | | (2) any additional limitation to the number of years the dwelling was 30 |
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137 | 137 | | acquired within the date of an adjudication of disability or death; and 31 |
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138 | 138 | | |
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139 | 139 | | (3) any other provision necessary to carry out the provisions of this section. 32 |
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140 | 140 | | |
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141 | 141 | | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 33 |
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142 | 142 | | 1, 2022, and shall be applicable to all taxable years beginning after June 30, 2022. 34 |
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