Maryland 2022 Regular Session

Maryland Senate Bill SB975 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 196
21
3-– 1 –
4-Chapter 196
5-(Senate Bill 975)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0975*
89
9-Property Tax Exemption – Disabled Veteran, Active Duty, and Surviving Spouse
10-– Application Process
10+SENATE BILL 975
11+Q1, O3 2lr3148
12+ CF HB 809
13+By: Senator Jennings
14+Introduced and read first time: February 15, 2022
15+Assigned to: Rules
16+Re–referred to: Budget and Taxation, March 7, 2022
17+Committee Report: Favorable with amendments
18+Senate action: Adopted
19+Read second time: March 14, 2022
1120
12-FOR the purpose of authorizing an individual to submit, and requiring the State
13-Department of Assessments and Taxation to accept, an application for a certain
14-property tax exemption for a dwelling house the individual intends to purchase
15-before the individual purchases a the dwelling house; requiring the Department,
16-within a certain period of time,, within a certain period of time, to process the
17-application and notify the applicant of approval or denial of the application send the
18-applicant a certain letter; and generally relating to a property tax exemption for a
19-dwelling house owned by a disabled veteran, disabled active duty service member,
20-or surviving spouse.
21+CHAPTER ______
2122
22-BY repealing and reenacting, without amendments,
23- Article – Tax – Property
24-Section 7–208(b)
25- Annotated Code of Maryland
26- (2019 Replacement Volume and 2021 Supplement)
23+AN ACT concerning 1
2724
28-BY repealing and reenacting, with amendments,
29- Article – Tax – Property
30-Section 7–208(d)
31- Annotated Code of Maryland
32- (2019 Replacement Volume and 2021 Supplement)
25+Property Tax Exemption – Disabled Veteran, Active Duty, and Surviving Spouse 2
26+– Application Process 3
3327
34- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
35-That the Laws of Maryland read as follows:
28+FOR the purpose of authorizing an individual to submit, and requiring the State 4
29+Department of Assessments and Taxation to accept, an application for a certain 5
30+property tax exemption for a dwelling house the individual intends to purchase 6
31+before the individual purchases a the dwelling house; requiring the Department, 7
32+within a certain period of time, to process the application and notify the applicant of 8
33+approval or denial of the application send the applicant a certain letter; and 9
34+generally relating to a property tax exemption for a dwelling house owned by a 10
35+disabled veteran, disabled active duty service member, or surviving spouse. 11
3636
37-Article – Tax – Property
37+BY repealing and reenacting, without amendments, 12
38+ Article – Tax – Property 13
39+Section 7–208(b) 14
40+ Annotated Code of Maryland 15
41+ (2019 Replacement Volume and 2021 Supplement) 16
3842
39-7–208.
43+BY repealing and reenacting, with amendments, 17
44+ Article – Tax – Property 18
45+Section 7–208(d) 19
46+ Annotated Code of Maryland 20
47+ (2019 Replacement Volume and 2021 Supplement) 21
48+ 2 SENATE BILL 975
4049
41- (b) Except as provided in subsection (e) of this section, a dwelling house is exempt
42-from property tax if:
4350
44- (1) the dwelling house is owned by:
51+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
52+That the Laws of Maryland read as follows: 2
4553
46- (i) a disabled active duty service member;
54+Article – Tax – Property 3
4755
48- (ii) a disabled veteran;
49- Ch. 196 2022 LAWS OF MARYLAND
56+7–208. 4
5057
51-– 2 –
52- (iii) a surviving spouse of an individual who died in the line of duty,
53-if:
58+ (b) Except as provided in subsection (e) of this section, a dwelling house is exempt 5
59+from property tax if: 6
5460
55- 1. the dwelling house was owned by the individual at the
56-time of the individual’s death;
61+ (1) the dwelling house is owned by: 7
5762
58- 2. the dwelling house was acquired by the surviving spouse
59-within 2 years of the individual’s death, if the individual or the surviving spouse was
60-domiciled in the State as of the date of the individual’s death; or
63+ (i) a disabled active duty service member; 8
6164
62- 3. the dwelling house was acquired after the surviving
63-spouse qualified for exemption for a former dwelling house under item 1 or 2 of this item,
64-to the extent of the previous exemption; or
65+ (ii) a disabled veteran; 9
6566
66- (iv) a surviving spouse of a disabled veteran who meets the
67-requirements of subsection (c) of this section; and
67+ (iii) a surviving spouse of an individual who died in the line of duty, 10
68+if: 11
6869
69- (2) the application requirements of subsection (d) of this section are met.
70+ 1. the dwelling house was owned by the individual at the 12
71+time of the individual’s death; 13
7072
71- (d) (1) A disabled veteran or a surviving spouse of a disabled veteran shall
72-apply for an exemption under this section by providing to the supervisor:
73+ 2. the dwelling house was acquired by the surviving spouse 14
74+within 2 years of the individual’s death, if the individual or the surviving spouse was 15
75+domiciled in the State as of the date of the individual’s death; or 16
7376
74- (i) a copy of the disabled veteran’s discharge certificate from active
75-military, naval, or air service; and
77+ 3. the dwelling house was acquired after the surviving 17
78+spouse qualified for exemption for a former dwelling house under item 1 or 2 of this item, 18
79+to the extent of the previous exemption; or 19
7680
77- (ii) on the form provided by the Department, a certification of the
78-disabled veteran’s disability from the Veterans’ Administration.
81+ (iv) a surviving spouse of a disabled veteran who meets the 20
82+requirements of subsection (c) of this section; and 21
7983
80- (2) The disabled veteran’s certificate of disability may not be inspected by
81-individuals other than:
84+ (2) the application requirements of subsection (d) of this section are met. 22
8285
83- (i) the disabled veteran; or
86+ (d) (1) A disabled veteran or a surviving spouse of a disabled veteran shall 23
87+apply for an exemption under this section by providing to the supervisor: 24
8488
85- (ii) appropriate employees of the State, a county, or a municipal
86-corporation.
89+ (i) a copy of the disabled veteran’s discharge certificate from active 25
90+military, naval, or air service; and 26
8791
88- (3) A disabled active duty service member shall apply for an exemption
89-under this section by providing to the supervisor, on the form provided by the Department,
90-a certification of the service member’s disability from a physician licensed to practice
91-medicine in the State or from the Veterans’ Administration.
92+ (ii) on the form provided by the Department, a certification of the 27
93+disabled veteran’s disability from the Veterans’ Administration. 28
9294
93- (4) A surviving spouse of an individual who died in the line of duty shall
94-apply for an exemption under this section by providing to the supervisor certification that
95-the individual died while in active service as a result of an injury or disease incurred in the
96-line of duty.
97- LAWRENCE J. HOGAN, JR., Governor Ch. 196
95+ (2) The disabled veteran’s certificate of disability may not be inspected by 29
96+individuals other than: 30
97+ SENATE BILL 975 3
9898
99-– 3 –
100- (5) (I) AN INDIVIDUAL MAY SUB MIT, AND THE DEPARTMENT
101-SHALL ACCEPT , AN APPLICATION FOR T HE EXEMPTION UNDER T HIS SECTION FOR A
102-SPECIFIC DWELLING HO USE THE INDIVIDUAL I NTENDS TO PURCHASE BEFORE THE
103-INDIVIDUAL PURCHASES A THE DWELLING HOUSE .
10499
105- (II) THE DEPARTMENT , WITHIN 15 BUSINESS DAYS WITHIN 15
106-BUSINESS DAYS FOLLOWING RECEIPT OF AN APPLICATION SUBMI TTED UNDER
107-SUBPARAGRAPH (I) OF THIS PARAGRAPH , SHALL PROCESS THE AP PLICATION AND
108-NOTIFY THE APPLICANT OF THE APPROVAL OR DENI AL OF THE APPLICATIO N SEND
109-THE APPLICANT A LETT ER STATING:
100+ (i) the disabled veteran; or 1
110101
111- 1. THAT THE APPLICATION IS PRELIMINARILY
112-APPROVED OR PRELIMIN ARILY DENIED; AND
102+ (ii) appropriate employees of the State, a county, or a municipal 2
103+corporation. 3
113104
114- 2. IF THE APPLICATION I S PRELIMINARILY APPR OVED,
115-THE AMOUNT OF THE TA X EXEMPTION FOR THE DW ELLING THE INDIVIDUA L
116-INTENDS TO PURCHASE .
105+ (3) A disabled active duty service member shall apply for an exemption 4
106+under this section by providing to the supervisor, on the form provided by the Department, 5
107+a certification of the service member’s disability from a physician licensed to practice 6
108+medicine in the State or from the Veterans’ Administration. 7
117109
118- (III) AN INDIVIDUAL WHO IS ISSUED A LETTER PREL IMINARILY
119-APPROVING THE EXEMPT ION SHALL RECEIVE TH E EXEMPTION FOR THE DWELLING
120-REFERENCED IN THE LE TTER AFTER BECOMING THE OWNER OF THE DWE LLING
121-WITHOUT HAVING TO FI LE ANOTHER APPLICATI ON.
110+ (4) A surviving spouse of an individual who died in the line of duty shall 8
111+apply for an exemption under this section by providing to the supervisor certification that 9
112+the individual died while in active service as a result of an injury or disease incurred in the 10
113+line of duty. 11
122114
123- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
124-October 1, 2022.
115+ (5) (I) AN INDIVIDUAL MAY SUB MIT, AND THE DEPARTMENT 12
116+SHALL ACCEPT , AN APPLICATION FOR T HE EXEMPTION UNDER T HIS SECTION FOR A 13
117+SPECIFIC DWELLING HO USE THE INDIVIDUAL I NTENDS TO PURCHASE BEFORE THE 14
118+INDIVIDUAL PURCHASES A THE DWELLING HOUSE . 15
125119
126-Approved by the Governor, April 21, 2022.
120+ (II) THE DEPARTMENT , WITHIN 15 BUSINESS DAYS FOLLOWING 16
121+RECEIPT OF AN APPLIC ATION SUBMITTED UNDE R SUBPARAGRAPH (I) OF THIS 17
122+PARAGRAPH , SHALL PROCESS THE AP PLICATION AND NOTIFY THE APPLICANT OF 18
123+THE APPROVAL OR DENI AL OF THE APPLICATIO N SEND THE APPLICANT A LETTER 19
124+STATING: 20
125+
126+ 1. THAT THE APPLICATION IS PRELIMINARILY 21
127+APPROVED OR PRELIMIN ARILY DENIED; AND 22
128+
129+ 2. IF THE APPLICATION I S PRELIMINARILY APPR OVED, 23
130+THE AMOUNT OF THE TA X EXEMPTION FOR THE DWELLING THE INDIVID UAL 24
131+INTENDS TO PURC HASE. 25
132+
133+ (III) AN INDIVIDUAL WHO IS ISSUED A LETTER PREL IMINARILY 26
134+APPROVING THE EXEMPT ION SHALL RECEIVE TH E EXEMPTION FOR THE DWELLING 27
135+REFERENCED IN THE LE TTER AFTER BECOMING THE OWNER OF THE DWE LLING 28
136+WITHOUT HAVING TO FI LE ANOTHER APPLICATI ON. 29
137+
138+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
139+October 1, 2022. 31
140+