1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. |
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4 | 4 | | [Brackets] indicate matter deleted from existing law. |
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5 | 5 | | *sb0639* |
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6 | 6 | | |
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7 | 7 | | SENATE BILL 639 |
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8 | 8 | | Q1 4lr1608 |
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9 | 9 | | CF 4lr1548 |
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10 | 10 | | By: Senator Brooks |
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11 | 11 | | Introduced and read first time: January 29, 2024 |
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12 | 12 | | Assigned to: Budget and Taxation |
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13 | 13 | | |
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14 | 14 | | A BILL ENTITLED |
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15 | 15 | | |
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16 | 16 | | AN ACT concerning 1 |
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17 | 17 | | |
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18 | 18 | | Property Tax Exemption – Disabled Veterans – Service Connected Disability 2 |
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19 | 19 | | |
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20 | 20 | | FOR the purpose of expanding eligibility for a property tax exemption for the dwelling 3 |
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21 | 21 | | house of a disabled veteran to include veterans with at least a certain percentage of 4 |
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22 | 22 | | service connected disability; and generally relating to a property tax exemption for 5 |
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23 | 23 | | the dwelling house of a disabled veteran. 6 |
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24 | 24 | | |
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25 | 25 | | BY repealing and reenacting, with amendments, 7 |
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26 | 26 | | Article – Tax – Property 8 |
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27 | 27 | | Section 7–208(a) 9 |
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28 | 28 | | Annotated Code of Maryland 10 |
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29 | 29 | | (2019 Replacement Volume and 2023 Supplement) 11 |
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30 | 30 | | |
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31 | 31 | | BY repealing and reenacting, without amendments, 12 |
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32 | 32 | | Article – Tax – Property 13 |
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33 | 33 | | Section 7–208(b) 14 |
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34 | 34 | | Annotated Code of Maryland 15 |
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35 | 35 | | (2019 Replacement Volume and 2023 Supplement) 16 |
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36 | 36 | | |
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37 | 37 | | SECTION 1. BE IT ENACT ED BY THE GENERAL ASSEMBLY OF MARYLAND, 17 |
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38 | 38 | | That the Laws of Maryland read as follows: 18 |
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39 | 39 | | |
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40 | 40 | | Article – Tax – Property 19 |
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41 | 41 | | |
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42 | 42 | | 7–208. 20 |
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43 | 43 | | |
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44 | 44 | | (a) (1) In this section the following words have the meanings indicated. 21 |
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45 | 45 | | |
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46 | 46 | | (2) “Disabled active duty service member” means an individual in active 22 |
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47 | 47 | | service of the military, naval, or air service as defined in 38 U.S.C. § 101 who has a service 23 2 SENATE BILL 639 |
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48 | 48 | | |
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49 | 49 | | |
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50 | 50 | | connected physical disability that: 1 |
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51 | 51 | | |
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52 | 52 | | (i) is reasonably certain to continue for the life of the service 2 |
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53 | 53 | | member; and 3 |
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54 | 54 | | |
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55 | 55 | | (ii) was not caused or incurred by misconduct of the service member. 4 |
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56 | 56 | | |
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57 | 57 | | (3) (i) “Disabled veteran” means an individual who: 5 |
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58 | 58 | | |
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59 | 59 | | 1. is honorably discharged or released under honorable 6 |
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60 | 60 | | circumstances from active military, naval, or air service as defined in 38 U.S.C. § 101; and 7 |
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61 | 61 | | |
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62 | 62 | | 2. has been declared by the U.S. Department of Veterans 8 |
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63 | 63 | | Affairs to have a permanent [100%] 80% service connected disability that results from 9 |
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64 | 64 | | blindness or other disabling cause that: 10 |
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65 | 65 | | |
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66 | 66 | | A. is reasonably certain to continue for the life of the veteran; 11 |
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67 | 67 | | and 12 |
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68 | 68 | | |
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69 | 69 | | B. was not caused or incurred by misconduct of the veteran. 13 |
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70 | 70 | | |
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71 | 71 | | (ii) “Disabled veteran” includes an individual who qualifies 14 |
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72 | 72 | | posthumously for [a 100%] AN 80% service connected disability. 15 |
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73 | 73 | | |
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74 | 74 | | (4) “Dwelling house”: 16 |
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75 | 75 | | |
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76 | 76 | | (i) means real property that is: 17 |
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77 | 77 | | |
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78 | 78 | | 1. the legal residence of a disabled active duty service 18 |
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79 | 79 | | member, disabled veteran, or surviving spouse; and 19 |
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80 | 80 | | |
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81 | 81 | | 2. occupied by not more than 2 families; and 20 |
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82 | 82 | | |
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83 | 83 | | (ii) includes the lot or curtilage and structures necessary to use the 21 |
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84 | 84 | | real property as a residence. 22 |
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85 | 85 | | |
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86 | 86 | | (5) “Individual who died in the line of duty” means an individual who died 23 |
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87 | 87 | | while in the active military, naval, or air service of the United States as a result of an injury 24 |
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88 | 88 | | or disease that is deemed under 38 U.S.C. § 105 to have been incurred in the line of duty. 25 |
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89 | 89 | | |
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90 | 90 | | (6) “Surviving spouse” means an individual who has not remarried and 26 |
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91 | 91 | | who: 27 |
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92 | 92 | | |
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93 | 93 | | (i) is the surviving spouse of a disabled veteran; 28 |
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94 | 94 | | |
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95 | 95 | | (ii) is the surviving spouse of an individual who died in the line of 29 |
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96 | 96 | | duty; or 30 SENATE BILL 639 3 |
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97 | 97 | | |
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98 | 98 | | |
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99 | 99 | | |
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100 | 100 | | (iii) receives Dependency and Indemnity Compensation from the U.S. 1 |
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101 | 101 | | Department of Veterans Affairs. 2 |
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102 | 102 | | |
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103 | 103 | | (b) Except as provided in subsection (e) of this section, a dwelling house is exempt 3 |
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104 | 104 | | from property tax if: 4 |
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105 | 105 | | |
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106 | 106 | | (1) the dwelling house is owned by: 5 |
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107 | 107 | | |
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108 | 108 | | (i) a disabled active duty service member; 6 |
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109 | 109 | | |
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110 | 110 | | (ii) a disabled veteran; 7 |
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111 | 111 | | |
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112 | 112 | | (iii) a surviving spouse of an individual who died in the line of duty, 8 |
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113 | 113 | | if: 9 |
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114 | 114 | | |
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115 | 115 | | 1. the dwelling house was owned by the individual at the 10 |
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116 | 116 | | time of the individual’s death; 11 |
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117 | 117 | | |
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118 | 118 | | 2. the dwelling house was acquired by the surviving spouse 12 |
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119 | 119 | | within 2 years of the individual’s death, if the individual or the surviving spouse was 13 |
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120 | 120 | | domiciled in the State as of the date of the individual’s death; or 14 |
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121 | 121 | | |
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122 | 122 | | 3. the dwelling house was acquired after the surviving 15 |
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123 | 123 | | spouse qualified for exemption for a former dwelling house under item 1 or 2 of this item, 16 |
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124 | 124 | | to the extent of the previous exemption; or 17 |
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125 | 125 | | |
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126 | 126 | | (iv) a surviving spouse of a disabled veteran who meets the 18 |
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127 | 127 | | requirements of subsection (c) of this section; and 19 |
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128 | 128 | | |
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129 | 129 | | (2) the application requirements of subsection (d) of this section are met. 20 |
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130 | 130 | | |
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131 | 131 | | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 21 |
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132 | 132 | | 1, 2024, and shall be applicable to all taxable years beginning after June 30, 2024. 22 |
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133 | 133 | | |
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