Old | New | Differences | |
---|---|---|---|
1 | 1 | ||
2 | 2 | ||
3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | 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 | 5 | *hb0691* | |
9 | 6 | ||
10 | 7 | HOUSE BILL 691 | |
11 | 8 | P1, P6, P4 5lr2402 | |
12 | 9 | CF SB 278 | |
13 | 10 | By: Delegates Patterson, Acevero, Allen, Attar, Buckel, Cardin, Guyton, McComas, | |
14 | 11 | Pasteur, Phillips, Pruski, Rose, Taveras, Williams, and Wims | |
15 | 12 | Introduced and read first time: January 24, 2025 | |
16 | 13 | Assigned to: Appropriations and Ways and Means | |
17 | - | Committee Report: Favorable with amendments | |
18 | - | House action: Adopted | |
19 | - | Read second time: March 6, 2025 | |
20 | 14 | ||
21 | - | ||
15 | + | A BILL ENTITLED | |
22 | 16 | ||
23 | 17 | AN ACT concerning 1 | |
24 | 18 | ||
25 | - | Tax Relief and Pensions | |
19 | + | Tax Relief and Pensions Equality for Service Members Act 2 | |
26 | 20 | ||
27 | 21 | FOR the purpose of establishing rules of interpretation related to the uniformed services; 3 | |
28 | 22 | altering the rule of interpretation for “veteran”; altering the application of certain 4 | |
29 | 23 | provisions of law governing personnel, pensions, and taxation to apply to all 5 | |
30 | 24 | uniformed services, rather than only the armed forces; and generally relating to 6 | |
31 | 25 | veterans and uniformed services. 7 | |
32 | 26 | ||
33 | 27 | BY adding to 8 | |
34 | 28 | Article – General Provisions 9 | |
35 | 29 | Section 1–101.1, 1–101.2, 1–103.1, 1–114.1, 1–114.2, and 1–116 10 | |
36 | 30 | Annotated Code of Maryland 11 | |
37 | 31 | (2019 Replacement Volume and 2024 Supplement) 12 | |
38 | 32 | ||
39 | 33 | BY repealing and reenacting, with amendments, 13 | |
40 | 34 | Article – General Provisions 14 | |
41 | 35 | Section 1–117 15 | |
42 | 36 | Annotated Code of Maryland 16 | |
43 | 37 | (2019 Replacement Volume and 2024 Supplement) 17 | |
44 | 38 | ||
45 | 39 | BY repealing and reenacting, without amendments, 18 | |
46 | 40 | Article – Local Government 19 | |
47 | 41 | Section 1–101(a) 20 | |
48 | - | Annotated Code of Maryland 21 2 HOUSE BILL 691 | |
42 | + | Annotated Code of Maryland 21 | |
43 | + | (2013 Volume and 2024 Supplement) 22 | |
44 | + | ||
45 | + | BY adding to 23 | |
46 | + | Article – Local Government 24 | |
47 | + | Section 1–101(k) and (l) 25 | |
48 | + | Annotated Code of Maryland 26 2 HOUSE BILL 691 | |
49 | 49 | ||
50 | 50 | ||
51 | 51 | (2013 Volume and 2024 Supplement) 1 | |
52 | 52 | ||
53 | - | BY | |
53 | + | BY repealing and reenacting, with amendments, 2 | |
54 | 54 | Article – Local Government 3 | |
55 | - | Section 1– | |
55 | + | Section 1–203 and 1–204(a) and (d) 4 | |
56 | 56 | Annotated Code of Maryland 5 | |
57 | 57 | (2013 Volume and 2024 Supplement) 6 | |
58 | 58 | ||
59 | 59 | BY repealing and reenacting, with amendments, 7 | |
60 | - | Article – | |
61 | - | Section | |
60 | + | Article – State Government 8 | |
61 | + | Section 9–901 9 | |
62 | 62 | Annotated Code of Maryland 10 | |
63 | - | ( | |
63 | + | (2021 Replacement Volume and 2024 Supplement) 11 | |
64 | 64 | ||
65 | - | BY repealing and reenacting, | |
66 | - | Article – State | |
67 | - | Section 9– | |
65 | + | BY repealing and reenacting, without amendments, 12 | |
66 | + | Article – State Personnel and Pensions 13 | |
67 | + | Section 1–101(a), 9–1104(a), and 38–101(a) 14 | |
68 | 68 | Annotated Code of Maryland 15 | |
69 | - | ( | |
69 | + | (2024 Replacement Volume and 2024 Supplement) 16 | |
70 | 70 | ||
71 | - | BY | |
71 | + | BY adding to 17 | |
72 | 72 | Article – State Personnel and Pensions 18 | |
73 | - | Section 1–101(a), and | |
73 | + | Section 1–101(a–1), (a–2), (b–1), (h–1), (l–1), (r), and (s) and 38–101(b–1) and (e–1) 19 | |
74 | 74 | Annotated Code of Maryland 20 | |
75 | 75 | (2024 Replacement Volume and 2024 Supplement) 21 | |
76 | 76 | ||
77 | - | BY | |
77 | + | BY repealing and reenacting, with amendments, 22 | |
78 | 78 | Article – State Personnel and Pensions 23 | |
79 | - | Section 1–101(a–1), (a–2), (b–1), (h–1), (l–1), (r), and (s) and 38–101(b–1) and (e–1) 24 | |
80 | - | Annotated Code of Maryland 25 | |
81 | - | (2024 Replacement Volume and 2024 Supplement) 26 | |
79 | + | Section 2–701, 2–703, 2–704, 2–707(a), 7–203(b)(1)(i), 7–207(c), 9–1104(b)(3), 24 | |
80 | + | 38–101(d), 38–103(d), and 38–104(c) 25 | |
81 | + | Annotated Code of Maryland 26 | |
82 | + | (2024 Replacement Volume and 2024 Supplement) 27 | |
82 | 83 | ||
83 | - | BY repealing and reenacting, with amendments, 27 | |
84 | - | Article – State Personnel and Pensions 28 | |
85 | - | Section 2–701, 2–703, 2–704, 2–705(b), 2–706(b) and (c), 2–707(a), 7–203(b)(1)(i), 29 | |
86 | - | 7–207(c), and 9–1104(b)(3), 38–101(d), 38–103(d), and 38–104(c) 30 | |
84 | + | BY repealing and reenacting, without amendments, 28 | |
85 | + | Article – Tax – General 29 | |
86 | + | Section 1–101(a), 10–101(a), 10–207(a), and 10–208(a) and (i–1)(2) and (4) 30 | |
87 | 87 | Annotated Code of Maryland 31 | |
88 | - | ( | |
88 | + | (2022 Replacement Volume and 2024 Supplement) 32 | |
89 | 89 | ||
90 | - | BY | |
90 | + | BY adding to 33 | |
91 | 91 | Article – Tax – General 34 | |
92 | - | Section 1–101( | |
92 | + | Section 1–101(r–1), (x), and (y) and 10–101(a–1) 35 | |
93 | 93 | Annotated Code of Maryland 36 | |
94 | 94 | (2022 Replacement Volume and 2024 Supplement) 37 | |
95 | 95 | ||
96 | - | BY | |
96 | + | BY repealing and reenacting, with amendments, 38 | |
97 | 97 | Article – Tax – General 39 HOUSE BILL 691 3 | |
98 | 98 | ||
99 | 99 | ||
100 | - | Section 1–101(r–1), (x), and (y) and 10–101(a–1) 1 | |
101 | - | Annotated Code of Maryland 2 | |
102 | - | (2022 Replacement Volume and 2024 Supplement) 3 | |
100 | + | Section 10–207(p) and (q), 10–208(i–1)(3)(iii)3., 11–204(a)(8), 11–206(d)(2), and 1 | |
101 | + | 13–908(b) 2 | |
102 | + | Annotated Code of Maryland 3 | |
103 | + | (2022 Replacement Volume and 2024 Supplement) 4 | |
103 | 104 | ||
104 | - | BY repealing and reenacting, with amendments, 4 | |
105 | - | Article – Tax – General 5 | |
106 | - | Section 10–207(p) and (q), 10–208(i–1)(3)(iii)3., 11–204(a)(8), 11–206(d)(2), and 6 | |
107 | - | 13–908(b) 7 | |
108 | - | Annotated Code of Maryland 8 | |
109 | - | (2022 Replacement Volume and 2024 Supplement) 9 | |
105 | + | BY repealing and reenacting, without amendments, 5 | |
106 | + | Article – Tax – Property 6 | |
107 | + | Section 1–101(a), 7–208(a)(1) and (b), 9–102(a)(1), (b), and (h), 9–258(a)(1), (2), and 7 | |
108 | + | (3)(v) and (b), 9–265(b), 10–204(a) and (b)(1) and (3), and 10–204.2(a) and 8 | |
109 | + | (b)(1) and (3) 9 | |
110 | + | Annotated Code of Maryland 10 | |
111 | + | (2019 Replacement Volume and 2024 Supplement) 11 | |
110 | 112 | ||
111 | - | BY repealing and reenacting, without amendments, 10 | |
112 | - | Article – Tax – Property 11 | |
113 | - | Section 1–101(a), 7–208(a)(1) and (b), 9–102(a)(1), (b), and (h), 9–258(a)(1), (2), and 12 | |
114 | - | (3)(v) and (b), 9–265(b), 10–204(a) and (b)(1) and (3), and 10–204.2(a) and 13 | |
115 | - | (b)(1) and (3) 14 | |
113 | + | BY adding to 12 | |
114 | + | Article – Tax – Property 13 | |
115 | + | Section 1–101(a–1), (a–2), (hh–1), (jj–1), (oo–1), and (rr) 14 | |
116 | 116 | Annotated Code of Maryland 15 | |
117 | 117 | (2019 Replacement Volume and 2024 Supplement) 16 | |
118 | 118 | ||
119 | - | BY | |
119 | + | BY repealing and reenacting, with amendments, 17 | |
120 | 120 | Article – Tax – Property 18 | |
121 | - | Section 1–101(a–1), (a–2), (hh–1), (jj–1), (oo–1), and (rr) 19 | |
122 | - | Annotated Code of Maryland 20 | |
123 | - | (2019 Replacement Volume and 2024 Supplement) 21 | |
121 | + | Section 7–208(a)(2) and (3), 9–102(a)(9)(ii)3., 9–219(a)(2)(iii), 9–258(a)(3)(ii) through 19 | |
122 | + | (iv), 9–265(a), 10–204(b)(2)(ii)3., and 10–204.2(b)(2)(ii)3. 20 | |
123 | + | Annotated Code of Maryland 21 | |
124 | + | (2019 Replacement Volume and 2024 Supplement) 22 | |
124 | 125 | ||
125 | - | BY repealing and reenacting, with amendments, 22 | |
126 | - | Article – Tax – Property 23 | |
127 | - | Section 7–208(a)(2) and (3), 9–102(a)(9)(ii)3., 9–219(a)(2)(iii), 9–258(a)(3)(ii) through 24 | |
128 | - | (iv), 9–265(a), 10–204(b)(2)(ii)3., and 10–204.2(b)(2)(ii)3. 25 | |
129 | - | Annotated Code of Maryland 26 | |
130 | - | (2019 Replacement Volume and 2024 Supplement) 27 | |
126 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23 | |
127 | + | That the Laws of Maryland read as follows: 24 | |
131 | 128 | ||
132 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 28 | |
133 | - | That the Laws of Maryland read as follows: 29 | |
129 | + | Article – General Provisions 25 | |
134 | 130 | ||
135 | - | ||
131 | + | 1–101.1. 26 | |
136 | 132 | ||
137 | - | 1–101.1. 31 | |
133 | + | “ACTIVE DUTY” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 27 | |
134 | + | GOVERNMENT ARTICLE. 28 | |
138 | 135 | ||
139 | - | “ACTIVE DUTY” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 32 | |
140 | - | GOVERNMENT ARTICLE. 33 | |
136 | + | 1–101.2. 29 | |
141 | 137 | ||
142 | - | 1–101.2. 34 | |
138 | + | “ACTIVE SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF THE 30 | |
139 | + | STATE GOVERNMENT ARTICLE. 31 | |
143 | 140 | ||
144 | - | “ACTIVE SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF THE 35 | |
145 | - | STATE GOVERNMENT ARTICLE. 36 4 HOUSE BILL 691 | |
141 | + | 1–103.1. 32 | |
142 | + | ||
143 | + | “ARMED FORCES ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 33 | |
144 | + | GOVERNMENT ARTICLE. 34 | |
145 | + | 4 HOUSE BILL 691 | |
146 | + | ||
147 | + | ||
148 | + | 1–114.1. 1 | |
149 | + | ||
150 | + | “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 2 | |
151 | + | GOVERNMENT ARTICLE. 3 | |
152 | + | ||
153 | + | 1–114.2. 4 | |
154 | + | ||
155 | + | “SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 5 | |
156 | + | GOVERNMENT ARTICLE. 6 | |
157 | + | ||
158 | + | 1–116. 7 | |
159 | + | ||
160 | + | “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 8 | |
161 | + | GOVERNMENT ARTICLE. 9 | |
162 | + | ||
163 | + | 1–117. 10 | |
164 | + | ||
165 | + | With respect to any State program of benefits, rights, or privileges applicable to a 11 | |
166 | + | veteran under this Code, “veteran” includes[, if the individual is eligible under 38 U.S.C. § 12 | |
167 | + | 101, a member of the commissioned corps of: 13 | |
168 | + | ||
169 | + | (1) the Public Health Service; or 14 | |
170 | + | ||
171 | + | (2) the National Oceanic and Atmospheric Administration or its 15 | |
172 | + | predecessor, the Coast and Geodetic Survey] AN INDIVIDUAL WHO ME ETS THE 16 | |
173 | + | DEFINITION OF “VETERAN” UNDER § 9–901 OF THE STATE GOVERNMENT ARTICLE. 17 | |
174 | + | ||
175 | + | Article – Local Government 18 | |
176 | + | ||
177 | + | 1–101. 19 | |
178 | + | ||
179 | + | (a) In this article the following words have the meanings indicated. 20 | |
180 | + | ||
181 | + | (K) “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN § 9–901 OF THE 21 | |
182 | + | STATE GOVERNMENT ARTICLE. 22 | |
183 | + | ||
184 | + | (L) “VETERAN” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 23 | |
185 | + | GOVERNMENT ARTICLE. 24 | |
186 | + | ||
187 | + | 1–203. 25 | |
188 | + | ||
189 | + | (a) This section applies to the following governmental entities: 26 | |
190 | + | ||
191 | + | (1) counties; 27 | |
192 | + | HOUSE BILL 691 5 | |
193 | + | ||
194 | + | ||
195 | + | (2) municipalities; 1 | |
196 | + | ||
197 | + | (3) bicounty agencies; 2 | |
198 | + | ||
199 | + | (4) county boards of education; 3 | |
200 | + | ||
201 | + | (5) public corporations; 4 | |
202 | + | ||
203 | + | (6) special taxing districts; and 5 | |
204 | + | ||
205 | + | (7) other political subdivisions of the State. 6 | |
206 | + | ||
207 | + | (b) Each governmental entity shall give its employees who return from [military] 7 | |
208 | + | service in the [armed forces of the United States] UNIFORMED SERVICES the same 8 | |
209 | + | reemployment rights as provided for State employees under Title 2, Subtitle 7 of the State 9 | |
210 | + | Personnel and Pensions Article. 10 | |
211 | + | ||
212 | + | 1–204. 11 | |
213 | + | ||
214 | + | (a) If a municipality, county, or other political subdivision of the State makes 12 | |
215 | + | appointments to government positions under a civil service or merit system law or 13 | |
216 | + | ordinance, the unit that provides eligibility lists for appointments shall adopt rules or 14 | |
217 | + | regulations to grant special credit to [honorably discharged] veterans [of the armed forces 15 | |
218 | + | of the United States] who have been residents of the State for at least 5 years immediately 16 | |
219 | + | preceding the date on which the veteran takes a merit system examination. 17 | |
220 | + | ||
221 | + | (d) (1) IN THIS SUBSECTION , “HEALTH EMERGENCY ” INCLUDES: 18 | |
222 | + | ||
223 | + | (I) A NATIONAL EM ERGENCY DECLARED BY THE PRESIDENT OF 19 | |
224 | + | THE UNITED STATES UNDER THE NATIONAL EMERGENCIES ACT; 20 | |
225 | + | ||
226 | + | (II) AN EMERGENCY OR MAJO R DISASTER DECLARED BY THE 21 | |
227 | + | PRESIDENT OF THE UNITED STATES UNDER THE ROBERT T. STAFFORD DISASTER 22 | |
228 | + | RELIEF AND EMERGENCY ASSISTANCE ACT; 23 | |
229 | + | ||
230 | + | (III) A PUBLIC HEALTH EMER GENCY DECLARED BY TH E 24 | |
231 | + | SECRETARY OF HEALTH AND HUMAN SERVICES UNDER 42 U.S.C. § 247D; AND 25 | |
232 | + | ||
233 | + | (IV) A CATASTROPHIC HEALT H EMERGENCY DECLARED BY THE 26 | |
234 | + | GOVERNOR UNDER § 14–3A–02 OF THE PUBLIC SAFETY ARTICLE. 27 | |
235 | + | ||
236 | + | (2) The unit may exempt war OR HEALTH EMERGENCY veterans under 28 | |
237 | + | the age of 55 years from any age limitation or requirement. 29 | |
238 | + | ||
239 | + | Article – State Government 30 6 HOUSE BILL 691 | |
146 | 240 | ||
147 | 241 | ||
148 | 242 | ||
149 | - | ||
243 | + | 9–901. 1 | |
150 | 244 | ||
151 | - | “ARMED FORCES ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 2 | |
152 | - | GOVERNMENT ARTICLE. 3 | |
245 | + | (a) In this subtitle the following words have the meanings indicated. 2 | |
153 | 246 | ||
154 | - | ||
247 | + | (B) “ACTIVE DUTY” HAS THE MEANING STAT ED IN 37 U.S.C. § 101. 3 | |
155 | 248 | ||
156 | - | “RESERVE COMPONENT ” HAS THE MEANING STATED IN § 9–901 OF THE STATE 5 | |
157 | - | GOVERNMENT ARTICLE. 6 | |
249 | + | (C) “ACTIVE SERVICE MEMBER ” MEANS AN INDIVIDUAL WHO IS: 4 | |
158 | 250 | ||
159 | - | 1 | |
251 | + | (1) AN ACTIVE DUTY MEMBE R OF THE UNIFORMED S ERVICES; OR 5 | |
160 | 252 | ||
161 | - | | |
162 | - | ||
253 | + | (2) SERVING IN A RESERVE COMPONENT OF THE UNI FORMED 6 | |
254 | + | SERVICES ON ACTIVE D UTY ORDERS. 7 | |
163 | 255 | ||
164 | - | ||
256 | + | (D) “ARMED FORCES ” HAS THE MEANING STATED IN 10 U.S.C. § 101. 8 | |
165 | 257 | ||
166 | - | “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 11 | |
167 | - | GOVERNMENT ARTICLE. 12 | |
258 | + | [(b)] (E) “Board” means the Board of Trustees of the Maryland Veterans Trust. 9 | |
168 | 259 | ||
169 | - | 1–117. 13 | |
260 | + | [(c)] (F) “Department” means the Department of Veterans and Military 10 | |
261 | + | Families. 11 | |
170 | 262 | ||
171 | - | (A) “VETERAN” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 14 | |
172 | - | GOVERNMENT ARTICLE. 15 | |
263 | + | (G) “MILITARY FAMILY ” INCLUDES THE SPOUSE AND DEPENDENT 12 | |
264 | + | CHILDREN O F A SERVICE MEMBER O R VETERAN RELATED BY BLOOD, MARRIAGE, OR 13 | |
265 | + | ADOPTION. 14 | |
173 | 266 | ||
174 | - | (B) With respect to any State program of benefits, rights, or privileges applicable 16 | |
175 | - | to a veteran under this Code, “veteran” includes[, if the individual is eligible under 38 17 | |
176 | - | U.S.C. § 101, a member of the commissioned corps of: 18 | |
267 | + | (H) “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN 37 U.S.C. § 101. 15 | |
177 | 268 | ||
178 | - | ( | |
269 | + | [(d)] (I) “Secretary” means the Secretary of Veterans and Military Families. 16 | |
179 | 270 | ||
180 | - | (2) the National Oceanic and Atmospheric Administration or its 20 | |
181 | - | predecessor, the Coast and Geodetic Survey] AN INDIVIDUAL WHO ME ETS THE 21 | |
182 | - | DEFINITION OF “VETERAN” UNDER § 9–901 OF THE STATE GOVERNMENT ARTICLE. 22 | |
271 | + | (J) “SERVICE MEMBER ” MEANS AN INDIV IDUAL WHO IS A MEMBE R OF: 17 | |
183 | 272 | ||
184 | - | ||
273 | + | (1) THE UNIFORMED SERVIC ES; OR 18 | |
185 | 274 | ||
186 | - | ||
275 | + | (2) A RESERVE COMPONENT OF THE UNIFORMED SER VICES. 19 | |
187 | 276 | ||
188 | - | ( | |
277 | + | [(e)] (K) “Trust” means the Maryland Veterans Trust. 20 | |
189 | 278 | ||
190 | - | (K) “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN § 9–901 OF THE 26 | |
191 | - | STATE GOVERNMENT ARTICLE. 27 | |
192 | - | HOUSE BILL 691 5 | |
279 | + | (L) “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN 37 U.S.C. § 101. 21 | |
193 | 280 | ||
281 | + | [(f)] (M) Except as otherwise provided [in this subtitle], “veteran” [means an 22 | |
282 | + | individual who served on active duty in the armed forces of the United States, other than 23 | |
283 | + | for training, and was discharged or released under conditions other than dishonorable] HAS 24 | |
284 | + | THE MEANING STATED IN 38 U.S.C. § 101. 25 | |
194 | 285 | ||
195 | - | (L) “VETERAN” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 1 | |
196 | - | GOVERNMENT ARTICLE. 2 | |
197 | - | ||
198 | - | 1–203. 3 | |
199 | - | ||
200 | - | (a) This section applies to the following governmental entities: 4 | |
201 | - | ||
202 | - | (1) counties; 5 | |
203 | - | ||
204 | - | (2) municipalities; 6 | |
205 | - | ||
206 | - | (3) bicounty agencies; 7 | |
207 | - | ||
208 | - | (4) county boards of education; 8 | |
209 | - | ||
210 | - | (5) public corporations; 9 | |
211 | - | ||
212 | - | (6) special taxing districts; and 10 | |
213 | - | ||
214 | - | (7) other political subdivisions of the State. 11 | |
215 | - | ||
216 | - | (b) Each governmental entity shall give its employees who return from [military] 12 | |
217 | - | service in the [armed forces of the United States] UNIFORMED SERVICES the same 13 | |
218 | - | reemployment rights as provided for State employees under Title 2, Subtitle 7 of the State 14 | |
219 | - | Personnel and Pensions Article. 15 | |
220 | - | ||
221 | - | 1–204. 16 | |
222 | - | ||
223 | - | (a) If a municipality, county, or other political subdivision of the State makes 17 | |
224 | - | appointments to government positions under a civil service or merit system law or 18 | |
225 | - | ordinance, the unit that provides eligibility lists for appointments shall adopt rules or 19 | |
226 | - | regulations to grant special credit to [honorably discharged] veterans [of the armed forces 20 | |
227 | - | of the United States] who have been residents of the State for at least 5 years immediately 21 | |
228 | - | preceding the date on which the veteran takes a merit system examination. 22 | |
229 | - | ||
230 | - | (d) (1) IN THIS SUBSECTION , “HEALTH EMERGENCY ” INCLUDES: 23 | |
231 | - | ||
232 | - | (I) A NATIONAL EMERGENCY DECLARED BY THE PRESIDENT OF 24 | |
233 | - | THE UNITED STATES UNDER THE NATIONAL EMERGENCIES ACT; 25 | |
234 | - | ||
235 | - | (II) AN EMERGENCY OR MAJO R DISASTER DECLARED BY THE 26 | |
236 | - | PRESIDENT OF THE UNITED STATES UNDER THE ROBERT T. STAFFORD DISASTER 27 | |
237 | - | RELIEF AND EMERGENCY ASSISTANCE ACT; 28 | |
238 | - | ||
239 | - | (III) A PUBLIC HEAL TH EMERGENCY DECLARE D BY THE 29 | |
240 | - | SECRETARY OF HEALTH AND HUMAN SERVICES UNDER 42 U.S.C. § 247D; AND 30 6 HOUSE BILL 691 | |
286 | + | Article – State Personnel and Pensions 26 HOUSE BILL 691 7 | |
241 | 287 | ||
242 | 288 | ||
243 | 289 | ||
244 | - | (IV) A CATASTROPHIC HEALT H EMERGENCY DECLARED BY THE 1 | |
245 | - | GOVERNOR UNDER § 14–3A–02 OF THE PUBLIC SAFETY ARTICLE. 2 | |
290 | + | 1–101. 1 | |
246 | 291 | ||
247 | - | ( | |
248 | - | ||
292 | + | (a) In this Division I of this article the following words have the meanings 2 | |
293 | + | indicated. 3 | |
249 | 294 | ||
250 | - | Article – State Government 5 | |
295 | + | (A–1) “ACTIVE DUTY” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 4 | |
296 | + | GOVERNMENT ARTICLE. 5 | |
251 | 297 | ||
252 | - | 9–901. 6 | |
298 | + | (A–2) “ACTIVE SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF 6 | |
299 | + | THE STATE GOVERNMENT ARTICLE. 7 | |
253 | 300 | ||
254 | - | (a) In this subtitle the following words have the meanings indicated. 7 | |
301 | + | (B–1) “ARMED FORCES ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 8 | |
302 | + | GOVERNMENT ARTICLE. 9 | |
255 | 303 | ||
256 | - | ( | |
304 | + | (H–1) “MILITARY SERVICE” MEANS: 10 | |
257 | 305 | ||
258 | - | (C) “ACTIVE SERVICE MEMBER ” MEANS AN INDIVIDUAL WHO IS: 9 | |
306 | + | (1) INDUCTION INTO TH E ARMED FORCES FOR T RAINING AND 11 | |
307 | + | SERVICE UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940 OR A 12 | |
308 | + | SUBSEQUENT ACT OF A SIMILAR NATURE ; 13 | |
259 | 309 | ||
260 | - | ( | |
310 | + | (2) MEMBERSHIP IN A RESE RVE COMPONENT : 14 | |
261 | 311 | ||
262 | - | ( | |
263 | - | ||
312 | + | (I) ON ACTIVE DUTY OR OR DERED OR ASSIGNED TO ACTIVE 15 | |
313 | + | DUTY; OR 16 | |
264 | 314 | ||
265 | - | (D) “ARMED FORCES ” HAS THE MEANING STAT ED IN 10 U.S.C. § 101. 13 | |
315 | + | (II) ON ACTIVE DUTY FOR TRAININ G OR INACTIVE DUTY F OR 17 | |
316 | + | TRAINING THAT INTERR UPTS A MEMBER ’S SERVICE; 18 | |
266 | 317 | ||
267 | - | ||
318 | + | (3) MEMBERSHIP IN AN ACT IVE COMPONENT OF THE ARMED FORCES ; 19 | |
268 | 319 | ||
269 | - | [(c)] (F) “Department” means the Department of Veterans and Military 15 | |
270 | - | Families. 16 | |
320 | + | (4) MEMBERSHIP IN THE MARYLAND NATIONAL GUARD; OR 20 | |
271 | 321 | ||
272 | - | ( | |
273 | - | ||
274 | - | ||
322 | + | (5) ACTIVE DUTY WITH THE COMMISSIONED CORPS O F THE PUBLIC 21 | |
323 | + | HEALTH SERVICE, THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION , 22 | |
324 | + | OR THE COAST AND GEODETIC SURVEY. 23 | |
275 | 325 | ||
276 | - | (H) “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN 37 U.S.C. § 101. 20 | |
326 | + | (L–1) “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN § 9–901 OF THE 24 | |
327 | + | STATE GOVERNMENT ARTICLE. 25 | |
277 | 328 | ||
278 | - | [(d)] (I) “Secretary” means the Secretary of Veterans and Military Families. 21 | |
279 | - | ||
280 | - | (J) “SERVICE MEMBER ” MEANS AN INDIVIDUAL WHO IS A MEMBER OF: 22 | |
281 | - | ||
282 | - | (1) THE UNIFORMED SERVIC ES; OR 23 | |
283 | - | ||
284 | - | (2) A RESERVE COMPONENT OF THE UNIFORMED SER VICES. 24 | |
285 | - | ||
286 | - | [(e)] (K) “Trust” means the Maryland Veterans Trust. 25 | |
287 | - | HOUSE BILL 691 7 | |
288 | - | ||
289 | - | ||
290 | - | (L) “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN 37 U.S.C. § 101. 1 | |
291 | - | ||
292 | - | [(f)] (M) Except as otherwise provided [in this subtitle], “veteran” [means an 2 | |
293 | - | individual who served on active duty in the armed forces of the United States, other than 3 | |
294 | - | for training, and was discharged or released under conditions other than dishonorable] HAS 4 | |
295 | - | THE MEANING STATED I N 38 U.S.C. § 101. 5 | |
296 | - | ||
297 | - | Article – State Personnel and Pensions 6 | |
298 | - | ||
299 | - | 1–101. 7 | |
300 | - | ||
301 | - | (a) In this Division I of this article the following words have the meanings 8 | |
302 | - | indicated. 9 | |
303 | - | ||
304 | - | (A–1) “ACTIVE DUTY” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 10 | |
305 | - | GOVERNMENT ARTICLE. 11 | |
306 | - | ||
307 | - | (A–2) “ACTIVE SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF 12 | |
308 | - | THE STATE GOVERNMENT ARTICLE. 13 | |
309 | - | ||
310 | - | (B–1) “ARMED FORCES ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 14 | |
311 | - | GOVERNMENT ARTICLE. 15 | |
312 | - | ||
313 | - | (H–1) “MILITARY SERVICE” MEANS: 16 | |
314 | - | ||
315 | - | (1) INDUCTION INTO THE A RMED FORCES FOR TRAINING AND 17 | |
316 | - | SERVICE UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940 OR A 18 | |
317 | - | SUBSEQUENT ACT OF A SIMILAR NATURE ; 19 | |
318 | - | ||
319 | - | (2) MEMBERSHIP IN A RESE RVE COMPONENT : 20 | |
320 | - | ||
321 | - | (I) ON ACTIVE DUTY OR OR DERED OR ASSIGNED TO ACTIVE 21 | |
322 | - | DUTY; OR 22 | |
323 | - | ||
324 | - | (II) ON ACTIVE DUTY FOR T RAINING OR INACTIVE D UTY FOR 23 | |
325 | - | TRAINING THAT INTERR UPTS A MEMBER ’S SERVICE; 24 | |
326 | - | ||
327 | - | (3) MEMBERSHIP IN AN ACT IVE COMPONENT OF THE ARMED FORCES ; 25 | |
328 | - | ||
329 | - | (4) MEMBERSHIP IN THE MARYLAND NATIONAL GUARD; OR 26 | |
330 | - | ||
331 | - | (5) ACTIVE DUTY WITH THE COMMISSIONED CORPS O F THE PUBLIC 27 | |
332 | - | HEALTH SERVICE, THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION , 28 | |
333 | - | OR THE COAST AND GEODETIC SURVEY. 29 | |
329 | + | (R) “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN § 9–901 OF THE 26 | |
330 | + | STATE GOVERNMENT ARTICLE. 27 | |
334 | 331 | 8 HOUSE BILL 691 | |
335 | 332 | ||
336 | 333 | ||
337 | - | ( | |
338 | - | ||
334 | + | (S) “VETERAN” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 1 | |
335 | + | GOVERNMENT ARTICLE. 2 | |
339 | 336 | ||
340 | - | (R) “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN § 9–901 OF THE 3 | |
341 | - | STATE GOVERNMENT ARTICLE. 4 | |
337 | + | 2–701. 3 | |
342 | 338 | ||
343 | - | (S) “VETERAN” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 5 | |
344 | - | GOVERNMENT ARTICLE. 6 | |
339 | + | In this subtitle, “returning veteran”: 4 | |
345 | 340 | ||
346 | - | 2–701. 7 | |
341 | + | (1) means an individual who left State employment to perform military 5 | |
342 | + | service [in the armed forces of the United States] and who seeks reinstatement to State 6 | |
343 | + | employment; and 7 | |
347 | 344 | ||
348 | - | ( | |
349 | - | ||
345 | + | (2) does not include an individual who left State employment while serving 8 | |
346 | + | as a temporary employee. 9 | |
350 | 347 | ||
351 | - | (B) (1) “RETURNING VETERAN ” means an individual who left State 10 | |
352 | - | employment to perform military service IN THE UNIFORMED SER VICES [in the armed 11 | |
353 | - | forces of the United States] and who seeks reinstatement to State employment; and 12 | |
348 | + | 2–703. 10 | |
354 | 349 | ||
355 | - | ( | |
356 | - | ||
350 | + | [(a)] A returning veteran [who was inducted into the armed forces] is eligible for 11 | |
351 | + | reinstatement under this subtitle if the veteran: 12 | |
357 | 352 | ||
358 | - | (C) “SERVICE IN THE UNIFOR MED SERVICES” HAS THE MEANING STAT ED IN 15 | |
359 | - | 38 U.S.C. § 4303. 16 | |
353 | + | (1) performed military service of a nature and length that meet the 13 | |
354 | + | requirements of the Uniformed Services Employment and Reemployment Rights Act of 14 | |
355 | + | 1994, 38 U.S.C. § 4301 et seq., and any subsequent federal law governing reemployment of 15 | |
356 | + | a returning veteran; AND 16 | |
360 | 357 | ||
361 | - | 2 | |
358 | + | (2) [received a certificate of satisfactory completion of military service; and 17 | |
362 | 359 | ||
363 | - | [(a)] A returning veteran [who was inducted into the armed forces] is eligible for 18 | |
364 | - | reinstatement under this subtitle if the veteran: 19 | |
360 | + | (3)] except as otherwise provided in § 2–704 of this subtitle, submits an 18 | |
361 | + | application for reinstatement within 90 days after the veteran is discharged from [that] 19 | |
362 | + | military service. 20 | |
365 | 363 | ||
366 | - | (1) performed military service of a nature and length that meet the 20 | |
367 | - | requirements of the Uniformed Services Employment and Reemployment Rights Act of 21 | |
368 | - | 1994, 38 U.S.C. § 4301 et seq., and any subsequent federal law governing reemployment of 22 | |
369 | - | a returning veteran; AND 23 | |
364 | + | [(b) A returning veteran who enlisted in the armed forces is eligible for 21 | |
365 | + | reinstatement under this subtitle if the veteran: 22 | |
370 | 366 | ||
371 | - | (2) [received a certificate of satisfactory completion of military service; and 24 | |
367 | + | (1) performed military service of a nature and length that meet the 23 | |
368 | + | requirements of the Uniformed Services Employment and Reemployment Rights Act of 24 | |
369 | + | 1994, 38 U.S.C. § 4301 et seq., and any subsequent federal law governing reemployment of 25 | |
370 | + | a returning veteran; 26 | |
372 | 371 | ||
373 | - | (3)] except as otherwise provided in § 2–704 of this subtitle, submits an 25 | |
374 | - | application for reinstatement within 90 days after the veteran is discharged from [that] 26 | |
375 | - | military service. 27 | |
372 | + | (2) was released from service under honorable conditions; and 27 | |
376 | 373 | ||
377 | - | | |
378 | - | reinstatement | |
374 | + | (3) except as otherwise provided in § 2–704 of this subtitle, submits an 28 | |
375 | + | application for reinstatement within 90 days after the end of the enlistment period. 29 | |
379 | 376 | ||
380 | - | (1) performed military service of a nature and length that meet the 30 | |
381 | - | requirements of the Uniformed Services Employment and Reemployment Rights Act of 31 HOUSE BILL 691 9 | |
377 | + | (c) A returning veteran who was called to active military duty in the armed forces 30 | |
378 | + | is eligible for reinstatement under this subtitle if the veteran: 31 | |
379 | + | HOUSE BILL 691 9 | |
382 | 380 | ||
383 | 381 | ||
384 | - | 1994, 38 U.S.C. § 4301 et seq., and any subsequent federal law governing reemployment of 1 | |
385 | - | a returning veteran; 2 | |
382 | + | (1) performed military service of a nature and length that meet the 1 | |
383 | + | requirements of the Uniformed Services Employment and Reemployment Rights Act of 2 | |
384 | + | 1994, 38 U.S.C. § 4301 et seq., and any subsequent federal law governing reemployment of 3 | |
385 | + | a returning veteran; 4 | |
386 | 386 | ||
387 | - | (2) was | |
387 | + | (2) was relieved from active duty under honorable conditions; and 5 | |
388 | 388 | ||
389 | - | (3) except as otherwise provided in § 2–704 of this subtitle, submits an | |
390 | - | application for reinstatement within 90 days after the | |
389 | + | (3) except as otherwise provided in § 2–704 of this subtitle, submits an 6 | |
390 | + | application for reinstatement within 90 days after the veteran is relieved from that duty.] 7 | |
391 | 391 | ||
392 | - | (c) A returning veteran who was called to active military duty in the armed forces 6 | |
393 | - | UNIFORMED SERVICES is eligible for reinstatement under this subtitle if the veteran: 7 | |
392 | + | 2–704. 8 | |
394 | 393 | ||
395 | - | (1) performed military service IN THE UNIFORMED SER VICES of a nature 8 | |
396 | - | and length that meet the requirements of the Uniformed Services Employment and 9 | |
397 | - | Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq., and any subsequent federal 10 | |
398 | - | law governing reemployment of a returning veteran; 11 | |
394 | + | An otherwise eligible returning veteran who was hospitalized at the time of 9 | |
395 | + | discharge[, end of enlistment, or relief from active duty] FROM MILITARY SERVIC E may 10 | |
396 | + | apply for reinstatement if: 11 | |
399 | 397 | ||
400 | - | (2) was relieved from active duty under honorable conditions; and 12 | |
398 | + | (1) the application is submitted within 90 days after the returning veteran 12 | |
399 | + | is discharged from the hospital; and 13 | |
401 | 400 | ||
402 | - | ( | |
403 | - | ||
401 | + | (2) the hospitalization does not last more than 1 year from the date of 14 | |
402 | + | discharge[, end of enlistment, or relief from active duty] FROM MILITARY SERVIC E. 15 | |
404 | 403 | ||
405 | - | 2– | |
404 | + | 2–707. 16 | |
406 | 405 | ||
407 | - | | |
408 | - | ||
409 | - | ||
406 | + | (a) A member of a reserve component [of the armed forces of the United States] 17 | |
407 | + | is eligible for the reinstatement rights and benefits specified in §§ 2–705 and 2–706(a), (b), 18 | |
408 | + | and (c) of this subtitle if the reservist: 19 | |
410 | 409 | ||
411 | - | (1) | |
412 | - | ||
410 | + | (1) performed active duty for training of a nature and length that meet the 20 | |
411 | + | requirements for eligibility under Title 38 U.S.C. § 4301 et seq.; 21 | |
413 | 412 | ||
414 | - | (2) the hospitalization does not last more than 1 year from the date of 21 | |
415 | - | discharge[, end of enlistment, or relief from active duty] FROM MILITARY SE RVICE. 22 | |
413 | + | (2) was released from that duty after satisfactory service; and 22 | |
416 | 414 | ||
417 | - | 2–705. 23 | |
415 | + | (3) except as provided in subsection (b) of this section, submits an 23 | |
416 | + | application for reinstatement within 31 days after the reservist was released from that 24 | |
417 | + | duty. 25 | |
418 | 418 | ||
419 | - | (b) If, because of a disability sustained during [military] service IN THE 24 | |
420 | - | UNIFORMED SERVICES , a returning veteran is not qualified to perform the duties of the 25 | |
421 | - | position that the veteran previously held, the returning veteran shall be reinstated to a 26 | |
422 | - | position that: 27 | |
419 | + | 7–203. 26 | |
423 | 420 | ||
424 | - | (1) | |
421 | + | (b) (1) An appointing authority may select a disabled veteran for a position if: 27 | |
425 | 422 | ||
426 | - | (2) provides the rate of pay, seniority, and status that are the same as or 29 | |
427 | - | as similar as the circumstances of the case allow to those of the position previously held by 30 | |
428 | - | the veteran. 31 | |
423 | + | (i) the disabled veteran: 28 | |
424 | + | ||
425 | + | 1. [served in any branch of the armed forces of the United 29 | |
426 | + | States] IS A VETERAN; and 30 | |
429 | 427 | 10 HOUSE BILL 691 | |
430 | 428 | ||
431 | 429 | ||
432 | - | 2–706. 1 | |
430 | + | 2. A. is included on a United States [armed forces] 1 | |
431 | + | UNIFORMED SERVICES permanent disability list with a disability rating of at least 30%; 2 | |
432 | + | or 3 | |
433 | 433 | ||
434 | - | (b) In calculating seniority, status, and length of State employment of a returning 2 | |
435 | - | veteran who is reinstated under this subtitle, the period from the day the veteran entered 3 | |
436 | - | [military] service IN THE UNIFORMED SER VICES to the day that the veteran is reinstated 4 | |
437 | - | shall be added to the period of the veteran’s State employment. 5 | |
434 | + | B. has been rated by the United States Department of 4 | |
435 | + | Veterans Affairs as having a compensable service–connected disability of at least 30%; 5 | |
438 | 436 | ||
439 | - | ||
437 | + | 7–207. 6 | |
440 | 438 | ||
441 | - | (1) | |
442 | - | ||
439 | + | (c) (1) [(i)] In this subsection [the following words have the meanings 7 | |
440 | + | indicated. 8 | |
443 | 441 | ||
444 | - | (2) pension and retirement rights as determined under Title 38, Subtitle 1 9 | |
445 | - | of this article; and 10 | |
442 | + | (ii) “Eligible], “ELIGIBLE spouse” means an individual who is 9 | |
443 | + | married to [a full–time] AN active [duty] SERVICE member [of any branch of the uniformed 10 | |
444 | + | services of the United States]. 11 | |
446 | 445 | ||
447 | - | (3) any service status that the veteran had when the veteran entered 11 | |
448 | - | [military] service IN THE UNIFORMED SER VICES, with adjustments to reflect the 12 | |
449 | - | additional seniority credited under subsection (b) of this section. 13 | |
446 | + | [(iii) “Eligible veteran” means a veteran of any branch of the 12 | |
447 | + | uniformed services of the United States who has received an honorable discharge or a 13 | |
448 | + | certificate of satisfactory completion of service, including the National Guard and the 14 | |
449 | + | military reserves.] 15 | |
450 | 450 | ||
451 | - | 2–707. 14 | |
451 | + | (2) (i) An appointing authority shall apply a credit of 10 points on any 16 | |
452 | + | selection test for: 17 | |
452 | 453 | ||
453 | - | (a) A member of a reserve component [of the armed forces of the United States] 15 | |
454 | - | is eligible for the reinstatement rights and benefits specified in §§ 2–705 and 2–706(a), (b), 16 | |
455 | - | and (c) of this subtitle if the reservist: 17 | |
454 | + | 1. an eligible spouse; 18 | |
456 | 455 | ||
457 | - | (1) performed active duty for training of a nature and length that meet the 18 | |
458 | - | requirements for eligibility under Title 38 U.S.C. § 4301 et seq.; 19 | |
456 | + | 2. [an eligible] A veteran; 19 | |
459 | 457 | ||
460 | - | (2) was released from that duty after satisfactory service; and 20 | |
458 | + | 3. the spouse of [an eligible] A veteran who has a service 20 | |
459 | + | connected disability; or 21 | |
461 | 460 | ||
462 | - | (3) except as provided in subsection (b) of this section, submits an 21 | |
463 | - | application for reinstatement within 31 days after the reservist was released from that 22 | |
464 | - | duty. 23 | |
461 | + | 4. the surviving spouse of a deceased [eligible] veteran. 22 | |
465 | 462 | ||
466 | - | 7–203. 24 | |
463 | + | (ii) An appointing authority shall apply a credit of two additional 23 | |
464 | + | points on any selection test for a former prisoner of war. 24 | |
467 | 465 | ||
468 | - | (b) (1) An appointing authority may select a disabled veteran for a position if: 25 | |
466 | + | (3) The following applicants are ineligible for a credit under this 25 | |
467 | + | subsection: 26 | |
469 | 468 | ||
470 | - | (i) | |
469 | + | (i) a current State employee; and 27 | |
471 | 470 | ||
472 | - | | |
473 | - | ||
471 | + | (ii) [an eligible] A veteran who is convicted of a crime after being 28 | |
472 | + | discharged from or completing military service. 29 | |
474 | 473 | ||
475 | - | 2. A. is included on a United States [armed forces] 29 | |
476 | - | UNIFORMED SERVICES permanent disability list with a disability rating of at least 30%; 30 | |
477 | - | or 31 HOUSE BILL 691 11 | |
474 | + | 9–1104. 30 | |
475 | + | HOUSE BILL 691 11 | |
478 | 476 | ||
479 | 477 | ||
478 | + | (a) In this section, “uniformed services” has the meaning stated in 38 U.S.C. § 1 | |
479 | + | 4303 and 20 C.F.R. § 1002.5(o). 2 | |
480 | 480 | ||
481 | - | B. has been rated by the United States Department of 1 | |
482 | - | Veterans Affairs as having a compensable service–connected disability of at least 30%; 2 | |
481 | + | (b) The Secretary may provide by regulation for leave with pay: 3 | |
483 | 482 | ||
484 | - | 7–207. 3 | |
483 | + | (3) up to 30 days for uniformed services training or active uniformed 4 | |
484 | + | services duty in a reserve [unit of the armed forces] COMPONENT or in the organized 5 | |
485 | + | militia; 6 | |
485 | 486 | ||
486 | - | (c) (1) [(i)] In this subsection [the following words have the meanings 4 | |
487 | - | indicated. 5 | |
487 | + | 38–101. 7 | |
488 | 488 | ||
489 | - | (ii) “Eligible], “ELIGIBLE spouse” means SPOUSE” MEANS an 6 | |
490 | - | individual who is married to [a full–time] AN active [duty] SERVICE member [of any 7 | |
491 | - | branch of the uniformed services of the United States]. 8 | |
489 | + | (a) In this subtitle the following words have the meanings indicated. 8 | |
492 | 490 | ||
493 | - | [(iii) “Eligible veteran” means a veteran of any branch of the 9 | |
494 | - | uniformed services of the United States who has received an honorable discharge or a 10 | |
495 | - | certificate of satisfactory completion of service, including the National Guard and the 11 | |
496 | - | military reserves A RESERVE COMPONENT .] 12 | |
491 | + | (B–1) “ARMED FORCES ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 9 | |
492 | + | GOVERNMENT ARTICLE. 10 | |
497 | 493 | ||
498 | - | (2) (i) An appointing authority shall apply a credit of 10 points on any 13 | |
499 | - | selection test for: 14 | |
494 | + | (d) “Military service” means: 11 | |
500 | 495 | ||
501 | - | 1. an eligible spouse; 15 | |
496 | + | (1) induction into the armed forces [of the United States] for training and 12 | |
497 | + | service under the Selective Training and Service Act of 1940 or a subsequent act of a similar 13 | |
498 | + | nature; 14 | |
502 | 499 | ||
503 | - | 2. [an eligible] A veteran; 16 | |
500 | + | (2) membership in a reserve component [of the armed forces of the United 15 | |
501 | + | States]: 16 | |
504 | 502 | ||
505 | - | 3. the spouse of [an eligible] A veteran who has a service 17 | |
506 | - | connected disability; or 18 | |
503 | + | (i) on active duty or ordered or assigned to active duty; or 17 | |
507 | 504 | ||
508 | - | 4. the surviving spouse of a deceased [eligible] veteran. 19 | |
505 | + | (ii) on active duty for training or inactive duty for training that 18 | |
506 | + | interrupts a member’s service; 19 | |
509 | 507 | ||
510 | - | ( | |
511 | - | ||
508 | + | (3) [enlistment into] MEMBERSHIP IN AN ACT IVE COMPONENT OF the 20 | |
509 | + | armed forces [of the United States]; 21 | |
512 | 510 | ||
513 | - | (3) The following applicants are ineligible for a credit under this 22 | |
514 | - | subsection: 23 | |
511 | + | (4) membership in the Maryland National Guard; or 22 | |
515 | 512 | ||
516 | - | (i) a current State employee; and 24 | |
513 | + | (5) active duty with the commissioned corps of the Public Health Service, 23 | |
514 | + | the National Oceanic and Atmospheric Administration, or the Coast and Geodetic Survey. 24 | |
517 | 515 | ||
518 | - | ( | |
519 | - | ||
516 | + | (E–1) “RESERVE COMP ONENT” HAS THE MEANING STAT ED IN § 9–901 OF THE 25 | |
517 | + | STATE GOVERNMENT ARTICLE. 26 | |
520 | 518 | ||
521 | - | ||
519 | + | 38–103. 27 | |
522 | 520 | ||
523 | - | ( | |
524 | - | ||
525 | - | 12 HOUSE BILL 691 | |
521 | + | (d) (1) Subject to paragraph (2)(i) of this subsection, a member of a State or 28 | |
522 | + | local retirement or pension system shall receive service credit for a period of absence from 29 | |
523 | + | employment while in military service if: 30 12 HOUSE BILL 691 | |
526 | 524 | ||
527 | - | ||
528 | - | (b) The Secretary may provide by regulation for leave with pay: 1 | |
529 | - | ||
530 | - | (3) up to 30 days for uniformed services training or active uniformed 2 | |
531 | - | services duty in a reserve [unit of the armed forces] COMPONENT or in the organized 3 | |
532 | - | militia; 4 | |
533 | - | ||
534 | - | 38–101. 5 | |
535 | - | ||
536 | - | (a) In this subtitle the following words have the meanings indicated. 6 | |
537 | - | ||
538 | - | (B–1) “ARMED FORCES ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 7 | |
539 | - | GOVERNMENT ARTICLE. 8 | |
540 | - | ||
541 | - | (d) “Military service” means: 9 | |
542 | - | ||
543 | - | (1) induction into the armed forces [of the United States] for training and 10 | |
544 | - | service under the Selective Training and Service Act of 1940 or a subsequent act of a similar 11 | |
545 | - | nature; 12 | |
546 | - | ||
547 | - | (2) membership in a reserve component [of the armed forces of the United 13 | |
548 | - | States]: 14 | |
549 | - | ||
550 | - | (i) on active duty or ordered or assigned to active duty; or 15 | |
551 | - | ||
552 | - | (ii) on active duty for training or inactive duty for training that 16 | |
553 | - | interrupts a member’s service; 17 | |
554 | - | ||
555 | - | (3) [enlistment into] MEMBERSHIP IN AN ACT IVE COMPONENT OF the 18 | |
556 | - | armed forces [of the United States]; 19 | |
557 | - | ||
558 | - | (4) membership in the Maryland National Guard; or 20 | |
559 | - | ||
560 | - | (5) active duty with the commissioned corps of the Public Health Service, 21 | |
561 | - | the National Oceanic and Atmospheric Administration, or the Coast and Geodetic Survey. 22 | |
562 | - | ||
563 | - | (E–1) “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN § 9–901 OF THE 23 | |
564 | - | STATE GOVERNMENT ARTICLE. 24 | |
565 | - | ||
566 | - | 38–103. 25 | |
567 | - | ||
568 | - | (d) (1) Subject to paragraph (2)(i) of this subsection, a member of a State or 26 | |
569 | - | local retirement or pension system shall receive service credit for a period of absence from 27 | |
570 | - | employment while in military service if: 28 | |
571 | - | HOUSE BILL 691 13 | |
572 | 525 | ||
573 | 526 | ||
574 | 527 | (i) the employment of the member under subsection (a)(2) of this 1 | |
575 | 528 | section is active or the employee is reinstated as a regular employee on a leave of absence; 2 | |
576 | 529 | and 3 | |
577 | 530 | ||
578 | 531 | (ii) membership in a State or local retirement or pension system is a 4 | |
579 | 532 | requirement of employment. 5 | |
580 | 533 | ||
581 | 534 | (2) (i) For an absence for military service, service credit for the military 6 | |
582 | 535 | service may not exceed 5 years. 7 | |
583 | 536 | ||
584 | 537 | (ii) 1. This subparagraph applies only to a member of a State 8 | |
585 | 538 | system. 9 | |
586 | 539 | ||
587 | 540 | 2. Subject to subparagraph (i) of this paragraph and in 10 | |
588 | 541 | addition to any service credit received under paragraph (1) of this subsection, a member of 11 | |
589 | - | [the Maryland National Guard or of] a reserve component [of the armed forces of the 12 | |
590 | - | ||
591 | - | ||
592 | - | ||
593 | - | ||
542 | + | [the Maryland National Guard or of] a reserve component [of the armed forces of the United 12 | |
543 | + | States who has been activated under Title 10 of the United States Code and] who is on 13 | |
544 | + | OFFICIAL ORDERS FOR active or inactive duty for training that interrupts the member’s 14 | |
545 | + | service shall receive service credit at the rate of 4 months for each full year for military 15 | |
546 | + | service, not to exceed a total of 36 months. 16 | |
594 | 547 | ||
595 | 548 | 3. Subject to subparagraph (i) of this paragraph, an 17 | |
596 | 549 | individual shall receive service credit at the rate of 4 months for each full year of attendance 18 | |
597 | 550 | at a United States service academy that interrupts the member’s employment, not to exceed 19 | |
598 | 551 | a total of 16 months. 20 | |
599 | 552 | ||
600 | 553 | 38–104. 21 | |
601 | 554 | ||
602 | 555 | (c) (1) An individual described in subsection (a) of this section may not receive 22 | |
603 | 556 | credit for that military service if the individual receives credit for military service from 23 | |
604 | 557 | another retirement system for which retirement benefits have been or will be received by 24 | |
605 | 558 | the individual. 25 | |
606 | 559 | ||
607 | 560 | (2) Paragraph (1) of this subsection does not apply to: 26 | |
608 | 561 | ||
609 | 562 | (i) credit for military service provided under: 27 | |
610 | 563 | ||
611 | 564 | 1. the Social Security Act; 28 | |
612 | 565 | ||
613 | 566 | 2. the National Railroad Retirement Act; or 29 | |
614 | 567 | ||
615 | 568 | 3. Title 3 or Title 10, Chapter 1223, §§ 12731 through 12737 30 | |
616 | 569 | of the United States Code; or 31 | |
617 | 570 | ||
618 | 571 | (ii) disability payments from a pension or retirement system. 32 | |
619 | - | ||
620 | - | (3) (i) Military service credit under this section may not exceed 5 years. 33 14 HOUSE BILL 691 | |
572 | + | HOUSE BILL 691 13 | |
621 | 573 | ||
622 | 574 | ||
575 | + | (3) (i) Military service credit under this section may not exceed 5 years. 1 | |
623 | 576 | ||
624 | - | (ii) Subject to subparagraph (i) of this paragraph, a member of [the | |
625 | - | Maryland National Guard or of] a reserve component [of the armed forces of the United | |
626 | - | States] who has not [been activated under Title 10 of the United States Code] SERVED ON | |
627 | - | OFFICIAL ACTIVE | |
628 | - | each full year of service with [the Maryland National Guard or with] a reserve component | |
629 | - | [of the armed forces of the United States], not to exceed a total of 36 months. | |
577 | + | (ii) Subject to subparagraph (i) of this paragraph, a member of [the 2 | |
578 | + | Maryland National Guard or of] a reserve component [of the armed forces of the United 3 | |
579 | + | States] who has not [been activated under Title 10 of the United States Code] SERVED ON 4 | |
580 | + | OFFICIAL ACTIVE D UTY ORDERS , shall receive service credit at the rate of 4 months for 5 | |
581 | + | each full year of service with [the Maryland National Guard or with] a reserve component 6 | |
582 | + | [of the armed forces of the United States], not to exceed a total of 36 months. 7 | |
630 | 583 | ||
631 | - | (iii) Subject to subparagraph (i) of this paragraph, an individual shall | |
632 | - | receive service credit at the rate of 4 months for each full year of attendance at a United | |
633 | - | States service academy OR THE UNIFORMED SERVICES UNIVERSITY, not to exceed a | |
634 | - | total of 16 months. | |
584 | + | (iii) Subject to subparagraph (i) of this paragraph, an individual shall 8 | |
585 | + | receive service credit at the rate of 4 months for each full year of attendance at a United 9 | |
586 | + | States service academy OR THE UNIFORMED SERVICES UNIVERSITY, not to exceed a 10 | |
587 | + | total of 16 months. 11 | |
635 | 588 | ||
636 | - | Article – Tax – General | |
589 | + | Article – Tax – General 12 | |
637 | 590 | ||
638 | - | 1–101. | |
591 | + | 1–101. 13 | |
639 | 592 | ||
640 | - | (a) In this article the following words have the meanings indicated. | |
593 | + | (a) In this article the following words have the meanings indicated. 14 | |
641 | 594 | ||
642 | - | (R–1) “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN § 9–901 OF THE | |
643 | - | STATE GOVERNMENT ARTICLE. | |
595 | + | (R–1) “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN § 9–901 OF THE 15 | |
596 | + | STATE GOVERNMENT ARTICLE. 16 | |
644 | 597 | ||
645 | - | (X) “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN § 9–901 OF THE | |
646 | - | STATE GOVERNMENT ARTICLE. | |
598 | + | (X) “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN § 9–901 OF THE 17 | |
599 | + | STATE GOVERNMENT ARTICLE. 18 | |
647 | 600 | ||
648 | - | (Y) “VETERAN” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE | |
649 | - | GOVERNMENT ARTICLE. | |
601 | + | (Y) “VETERAN” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 19 | |
602 | + | GOVERNMENT ARTICLE. 20 | |
650 | 603 | ||
651 | - | 11–204. | |
604 | + | 11–204. 21 | |
652 | 605 | ||
653 | - | (a) The sales and use tax does not apply to: | |
606 | + | (a) The sales and use tax does not apply to: 22 | |
654 | 607 | ||
655 | - | (8) a sale to a bona fide nationally organized and recognized organization | |
656 | - | of veterans [of the armed forces of the United States] or an auxiliary of the organization or | |
657 | - | one of its units, if the organization is qualified as tax exempt under § 501(c)(4) or § | |
658 | - | 501(c)(19) of the Internal Revenue Code. | |
608 | + | (8) a sale to a bona fide nationally organized and recognized organization 23 | |
609 | + | of veterans [of the armed forces of the United States] or an auxiliary of the organization or 24 | |
610 | + | one of its units, if the organization is qualified as tax exempt under § 501(c)(4) or § 25 | |
611 | + | 501(c)(19) of the Internal Revenue Code. 26 | |
659 | 612 | ||
660 | - | 11–206. | |
613 | + | 11–206. 27 | |
661 | 614 | ||
662 | - | (d) The sales and use tax does not apply to: | |
615 | + | (d) The sales and use tax does not apply to: 28 | |
663 | 616 | ||
664 | - | (2) if the proceeds of the sale are used to support a bona fide nationally 28 | |
665 | - | organized and recognized organization of veterans [of the armed forces of the United 29 | |
666 | - | States] or auxiliary of the organization or 1 of its units, a sale of food or meals for 30 | |
667 | - | consumption only on the premises, served by the organization or auxiliary; 31 | |
668 | - | HOUSE BILL 691 15 | |
617 | + | (2) if the proceeds of the sale are used to support a bona fide nationally 29 | |
618 | + | organized and recognized organization of veterans [of the armed forces of the United 30 14 HOUSE BILL 691 | |
669 | 619 | ||
670 | 620 | ||
671 | - | ||
672 | - | ||
621 | + | States] or auxiliary of the organization or 1 of its units, a sale of food or meals for 1 | |
622 | + | consumption only on the premises, served by the organization or auxiliary; 2 | |
673 | 623 | ||
674 | - | Article – Tax – General 3 | |
675 | - | ||
676 | - | 10–101. 4 | |
677 | - | ||
678 | - | (a) In this title the following words have the meanings indicated. 5 | |
679 | - | ||
680 | - | (A–1) “ACTIVE DUTY” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 6 | |
681 | - | GOVERNMENT ARTICLE. 7 | |
682 | - | ||
683 | - | 10–207. 8 | |
684 | - | ||
685 | - | (a) To the extent included in federal adjusted gross income, the amounts under 9 | |
686 | - | this section are subtracted from the federal adjusted gross income of a resident to determine 10 | |
687 | - | Maryland adjusted gross income. 11 | |
688 | - | ||
689 | - | (p) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE 12 | |
690 | - | MEANINGS INDICATED . 13 | |
691 | - | ||
692 | - | (II) “MILITARY PAY” MEANS PAY RECEIVED AS A RE SULT OF 14 | |
693 | - | MILITARY SERVICE . 15 | |
694 | - | ||
695 | - | (III) “MILITARY SERVICE ” HAS THE MEANING STAT ED IN 16 | |
696 | - | SUBSECTION (Q)(1) OF THIS SECTION. 17 | |
697 | - | ||
698 | - | (2) The subtraction under subsection (a) of this section includes the first 18 | |
699 | - | $15,000 of military pay that is: 19 | |
700 | - | ||
701 | - | (i) received by an individual who is in active MILITARY service [of 20 | |
702 | - | any branch of the armed forces]; and 21 | |
703 | - | ||
704 | - | (ii) attributable to military service of the individual outside the 22 | |
705 | - | United States. 23 | |
706 | - | ||
707 | - | [(2)] (3) The amount of the subtraction under paragraph [(1)] (2) of this 24 | |
708 | - | subsection: 25 | |
709 | - | ||
710 | - | (i) is reduced dollar for dollar in the amount by which military pay 26 | |
711 | - | received by the individual exceeds $15,000; and 27 | |
712 | - | ||
713 | - | (ii) is reduced to zero if the amount of military pay received by the 28 | |
714 | - | individual exceeds $30,000. 29 | |
715 | - | 16 HOUSE BILL 691 | |
716 | - | ||
717 | - | ||
718 | - | (q) (1) (i) In this subsection the following words have the meanings 1 | |
719 | - | indicated. 2 | |
720 | - | ||
721 | - | (ii) “ARMED FORCES ” HAS THE MEANING STAT ED IN § 9–901 OF 3 | |
722 | - | THE STATE GOVERNMENT ARTICLE. 4 | |
723 | - | ||
724 | - | (III) “Military retirement income” means retirement income, 5 | |
725 | - | including death benefits, received as a result of military service. 6 | |
726 | - | ||
727 | - | [(iii)] (IV) “Military service” means: 7 | |
728 | - | ||
729 | - | 1. induction into the armed forces [of the United States] for 8 | |
730 | - | training and service under the Selective Training and Service Act of 1940 or a subsequent 9 | |
731 | - | act of a similar nature; 10 | |
732 | - | ||
733 | - | 2. membership in a reserve component [of the armed forces 11 | |
734 | - | of the United States]; 12 | |
735 | - | ||
736 | - | 3. membership in an active component of the armed forces 13 | |
737 | - | [of the United States]; OR 14 | |
738 | - | ||
739 | - | 4. [membership in the Maryland National Guard; or 15 | |
740 | - | ||
741 | - | 5.] active duty with the commissioned corps of the Public 16 | |
742 | - | Health Service, the National Oceanic and Atmospheric Administration, or the Coast and 17 | |
743 | - | Geodetic Survey. 18 | |
744 | - | ||
745 | - | (2) The subtraction under subsection (a) of this section includes: 19 | |
746 | - | ||
747 | - | (i) if, on the last day of the taxable year, the individual is under the 20 | |
748 | - | age of 55 years, the first $12,500 of military retirement income received by an individual 21 | |
749 | - | during the taxable year; and 22 | |
750 | - | ||
751 | - | (ii) if, on the last day of the taxable year, the individual is at least 55 23 | |
752 | - | years old, the first $20,000 of military retirement income received by an individual during 24 | |
753 | - | the taxable year. 25 | |
754 | - | ||
755 | - | 10–208. 26 | |
756 | - | ||
757 | - | (a) In addition to the modification under § 10–207 of this subtitle, the amounts 27 | |
758 | - | under this section are subtracted from the federal adjusted gross income of a resident to 28 | |
759 | - | determine Maryland adjusted gross income. 29 | |
760 | - | ||
761 | - | (i–1) (2) The subtraction under subsection (a) of this section includes an amount 30 | |
762 | - | equal to the amount specified in paragraph (4) of this subsection if an individual is a 31 HOUSE BILL 691 17 | |
763 | - | ||
764 | - | ||
765 | - | qualifying public safety volunteer for the taxable year, as determined under paragraph (3) 1 | |
766 | - | of this subsection. 2 | |
767 | - | ||
768 | - | (3) An individual is a qualifying public safety volunteer for the taxable year 3 | |
769 | - | eligible for the subtraction modification under this subsection if the individual: 4 | |
770 | - | ||
771 | - | (iii) 3. is a member of [the National Guard or other] A reserve 5 | |
772 | - | component [of the United States armed forces who has been ordered into active military 6 | |
773 | - | service and] who serves on OFFICIAL active duty [in the armed forces of the United States] 7 | |
774 | - | ORDERS during the taxable year; or 8 | |
775 | - | ||
776 | - | (4) The amount of the subtraction under paragraph (2) of this subsection is 9 | |
777 | - | equal to $7,000. 10 | |
778 | - | ||
779 | - | 13–908. 11 | |
780 | - | ||
781 | - | (b) (1) IN THIS SUBSECTION , “PUBLIC HEALTH EMERGE NCY” INCLUDES: 12 | |
782 | - | ||
783 | - | (I) A NATIONAL EMERGENCY DECLARED BY THE PRESIDENT OF 13 | |
784 | - | THE UNITED STATES UNDER THE NATIONAL EMERGENCIES ACT; 14 | |
785 | - | ||
786 | - | (II) AN EMERGENCY OR MAJO R DISASTER DECLARED BY THE 15 | |
787 | - | PRESIDENT OF THE UNITED STATES UNDER THE ROBERT T. STAFFORD DISASTER 16 | |
788 | - | RELIEF AND EMERGENCY ASSISTANCE ACT; 17 | |
789 | - | ||
790 | - | (III) A PUBLIC HEALTH EMER GENCY DE CLARED BY THE 18 | |
791 | - | SECRETARY OF HEALTH AND HUMAN SERVICES UNDER 42 U.S.C. § 247D; AND 19 | |
792 | - | ||
793 | - | (IV) A CATASTROPHIC HEALT H EMERGENCY DECLARED BY THE 20 | |
794 | - | GOVERNOR UNDER § 14–3A–02 OF THE PUBLIC SAFETY ARTICLE. 21 | |
795 | - | ||
796 | - | [(1)] (2) The income tax imposed under this article shall be abated in the 22 | |
797 | - | case of any individual: 23 | |
798 | - | ||
799 | - | (i) who dies while in active service as a member of the [armed forces 24 | |
800 | - | of the United States] UNIFORMED SERVICES , if such death occurs while serving in a 25 | |
801 | - | combat zone OR A PUBLIC HEALTH E MERGENCY RESPONSE AR EA or as a result of 26 | |
802 | - | wounds, disease, or injury incurred while so serving; or 27 | |
803 | - | ||
804 | - | (ii) who dies while a [military] MEMBER OF THE UNIFOR MED 28 | |
805 | - | SERVICES or civilian employee of the United States, if such death occurs as a result of 29 | |
806 | - | wounds, DISEASE, or injury incurred while the individual was a [military] MEMBER OF 30 | |
807 | - | THE UNIFORMED SERVIC ES or civilian employee of the United States and which were 31 | |
808 | - | incurred outside the United States in A PUBLIC HEALTH EMER GENCY RESPONSE OR a 32 | |
809 | - | terroristic or military action. 33 18 HOUSE BILL 691 | |
810 | - | ||
811 | - | ||
812 | - | ||
813 | - | [(2)] (3) The abatement of tax shall have the same effect and shall apply 1 | |
814 | - | to the same taxable years as provided under § 692 of the Internal Revenue Code. 2 | |
815 | - | ||
816 | - | SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 3 | |
624 | + | SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Ma ryland read 3 | |
817 | 625 | as follows: 4 | |
818 | 626 | ||
819 | - | Article – Tax – | |
627 | + | Article – Tax – General 5 | |
820 | 628 | ||
821 | - | ||
629 | + | 10–101. 6 | |
822 | 630 | ||
823 | - | (a) In this | |
631 | + | (a) In this title the following words have the meanings indicated. 7 | |
824 | 632 | ||
825 | 633 | (A–1) “ACTIVE DUTY” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 8 | |
826 | 634 | GOVERNMENT ARTICLE. 9 | |
827 | 635 | ||
828 | - | (A–2) “ACTIVE SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF 10 | |
829 | - | THE STATE GOVERNMENT ARTICLE. 11 | |
636 | + | 10–207. 10 | |
830 | 637 | ||
831 | - | (HH–1) “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN § 9–901 12 | |
832 | - | OF THE STATE GOVERNMENT ARTICLE. 13 | |
638 | + | (a) To the extent included in federal adjusted gross income, the amounts under 11 | |
639 | + | this section are subtracted from the federal adjusted gross income of a resident to determine 12 | |
640 | + | Maryland adjusted gross income. 13 | |
833 | 641 | ||
834 | - | ( | |
835 | - | ||
642 | + | (p) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE 14 | |
643 | + | MEANINGS INDICATED . 15 | |
836 | 644 | ||
837 | - | ( | |
838 | - | ||
645 | + | (II) “MILITARY PAY” MEANS PAY RECEIVED A S A RESULT OF 16 | |
646 | + | MILITARY SERVICE . 17 | |
839 | 647 | ||
840 | - | ( | |
841 | - | ||
648 | + | (III) “MILITARY SERVICE ” HAS THE MEANING STAT ED IN 18 | |
649 | + | SUBSECTION (Q)(1) OF THIS SECTION. 19 | |
842 | 650 | ||
843 | - | 7–208. 20 | |
651 | + | (2) The subtraction under subsection (a) of this section includes the first 20 | |
652 | + | $15,000 of military pay that is: 21 | |
653 | + | ||
654 | + | (i) received by an individual who is in active MILITARY service [of 22 | |
655 | + | any branch of the armed forces]; and 23 | |
656 | + | ||
657 | + | (ii) attributable to military service of the individual outside the 24 | |
658 | + | United States. 25 | |
659 | + | ||
660 | + | [(2)] (3) The amount of the subtraction under paragraph [(1)] (2) of this 26 | |
661 | + | subsection: 27 | |
662 | + | ||
663 | + | (i) is reduced dollar for dollar in the amount by which military pay 28 | |
664 | + | received by the individual exceeds $15,000; and 29 | |
665 | + | HOUSE BILL 691 15 | |
666 | + | ||
667 | + | ||
668 | + | (ii) is reduced to zero if the amount of military pay received by the 1 | |
669 | + | individual exceeds $30,000. 2 | |
670 | + | ||
671 | + | (q) (1) (i) In this subsection the following words have the meanings 3 | |
672 | + | indicated. 4 | |
673 | + | ||
674 | + | (ii) “ARMED FORCES ” HAS THE MEANING STAT ED IN § 9–901 OF 5 | |
675 | + | THE STATE GOVERNMENT ARTICLE. 6 | |
676 | + | ||
677 | + | (III) “Military retirement income” means retirement income , 7 | |
678 | + | including death benefits, received as a result of military service. 8 | |
679 | + | ||
680 | + | [(iii)] (IV) “Military service” means: 9 | |
681 | + | ||
682 | + | 1. induction into the armed forces [of the United States] for 10 | |
683 | + | training and service under the Selective Training and Service Act of 1940 or a subsequent 11 | |
684 | + | act of a similar nature; 12 | |
685 | + | ||
686 | + | 2. membership in a reserve component [of the armed forces 13 | |
687 | + | of the United States]; 14 | |
688 | + | ||
689 | + | 3. membership in an active component of the armed forces 15 | |
690 | + | [of the United States]; OR 16 | |
691 | + | ||
692 | + | 4. [membership in the Maryland National Guard; or 17 | |
693 | + | ||
694 | + | 5.] active duty with the commissioned corps of the Public 18 | |
695 | + | Health Service, the National Oceanic and Atmospheric Administration, or the Coast and 19 | |
696 | + | Geodetic Survey. 20 | |
697 | + | ||
698 | + | (2) The subtraction under subsection (a) of this section includes: 21 | |
699 | + | ||
700 | + | (i) if, on the last day of the taxable year, the individual is under the 22 | |
701 | + | age of 55 years, the first $12,500 of military retirement income received by an individual 23 | |
702 | + | during the taxable year; and 24 | |
703 | + | ||
704 | + | (ii) if, on the last day of the taxable year, the individual is at least 55 25 | |
705 | + | years old, the first $20,000 of military retirement income received by an individual during 26 | |
706 | + | the taxable year. 27 | |
707 | + | ||
708 | + | 10–208. 28 | |
709 | + | ||
710 | + | (a) In addition to the modification under § 10–207 of this subtitle, the amounts 29 | |
711 | + | under this section are subtracted from the federal adjusted gross income of a resident to 30 | |
712 | + | determine Maryland adjusted gross income. 31 | |
713 | + | 16 HOUSE BILL 691 | |
714 | + | ||
715 | + | ||
716 | + | (i–1) (2) The subtraction under subsection (a) of this section includes an amount 1 | |
717 | + | equal to the amount specified in paragraph (4) of this subsection if an individual is a 2 | |
718 | + | qualifying public safety volunteer for the taxable year, as determined under paragraph (3) 3 | |
719 | + | of this subsection. 4 | |
720 | + | ||
721 | + | (3) An individual is a qualifying public safety volunteer for the taxable year 5 | |
722 | + | eligible for the subtraction modification under this subsection if the individual: 6 | |
723 | + | ||
724 | + | (iii) 3. is a member of [the National Guard or other] A reserve 7 | |
725 | + | component [of the United States armed forces who has been ordered into active military 8 | |
726 | + | service and] who serves on OFFICIAL active duty [in the armed forces of the United States] 9 | |
727 | + | ORDERS during the taxable year; or 10 | |
728 | + | ||
729 | + | (4) The amount of the subtraction under paragraph (2) of this subsection is 11 | |
730 | + | equal to $7,000. 12 | |
731 | + | ||
732 | + | 13–908. 13 | |
733 | + | ||
734 | + | (b) (1) IN THIS SUBSECTION , “PUBLIC HEALTH EMERGE NCY” INCLUDES: 14 | |
735 | + | ||
736 | + | (I) A NATIONAL EMERGENCY DECLARED BY THE PRESIDENT OF 15 | |
737 | + | THE UNITED STATES UNDER THE NATIONAL EMERGENCIES ACT; 16 | |
738 | + | ||
739 | + | (II) AN EMERGENCY OR MAJO R DISASTER DECLARED BY THE 17 | |
740 | + | PRESIDENT OF THE UNITED STATES UNDER THE ROBERT T. STAFFORD DISASTER 18 | |
741 | + | RELIEF AND EMERGENCY ASSISTANCE ACT; 19 | |
742 | + | ||
743 | + | (III) A PUBLIC HEALTH EMER GENCY DECLARED BY TH E 20 | |
744 | + | SECRETARY OF HEALTH AND HUMAN SERVICES UNDER 42 U.S.C. § 247D; AND 21 | |
745 | + | ||
746 | + | (IV) A CATASTROPHIC HEALT H EMERGENCY DECLARED BY THE 22 | |
747 | + | GOVERNOR UNDER § 14–3A–02 OF THE PUBLIC SAFETY ARTICLE. 23 | |
748 | + | ||
749 | + | [(1)] (2) The income tax imposed under this article shall be abated in the 24 | |
750 | + | case of any individual: 25 | |
751 | + | ||
752 | + | (i) who dies while in active service as a member of the [armed forces 26 | |
753 | + | of the United States] UNIFORMED SERVICES , if such death occurs while serving in a 27 | |
754 | + | combat zone OR A PUBLIC HEALTH E MERGENCY RESPONSE AR EA or as a result of 28 | |
755 | + | wounds, disease, or injury incurred while so serving; or 29 | |
756 | + | ||
757 | + | (ii) who dies while a [military] MEMBER OF THE UNIFOR MED 30 | |
758 | + | SERVICES or civilian employee of the United States, if such death occurs as a result of 31 | |
759 | + | wounds, DISEASE, or injury incurred while the individual was a [military] MEMBER OF 32 | |
760 | + | THE UNIFORMED SERVIC ES or civilian employee of the United States and which were 33 HOUSE BILL 691 17 | |
761 | + | ||
762 | + | ||
763 | + | incurred outside the United States in A PUBLIC HEALTH EMER GENCY RESPONSE OR a 1 | |
764 | + | terroristic or military action. 2 | |
765 | + | ||
766 | + | [(2)] (3) The abatement of tax shall have the same effect and shall apply 3 | |
767 | + | to the same taxable years as provided under § 692 of the Internal Revenue Code. 4 | |
768 | + | ||
769 | + | SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 5 | |
770 | + | as follows: 6 | |
771 | + | ||
772 | + | Article – Tax – Property 7 | |
773 | + | ||
774 | + | 1–101. 8 | |
775 | + | ||
776 | + | (a) In this article the following words have the meanings indicated. 9 | |
777 | + | ||
778 | + | (A–1) “ACTIVE DUTY” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 10 | |
779 | + | GOVERNMENT ARTICLE. 11 | |
780 | + | ||
781 | + | (A–2) “ACTIVE SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF 12 | |
782 | + | THE STATE GOVERNMENT ARTICLE. 13 | |
783 | + | ||
784 | + | (HH–1) “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN § 9–901 14 | |
785 | + | OF THE STATE GOVERNMENT ARTICLE. 15 | |
786 | + | ||
787 | + | (JJ–1) “SERVICE MEMBER ” HAS THE MEANING STATED IN § 9–901 OF THE 16 | |
788 | + | STATE GOVERNMENT ARTICLE. 17 | |
789 | + | ||
790 | + | (OO–1) “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN § 9–901 18 | |
791 | + | OF THE STATE GOVERNMENT ARTICLE. 19 | |
792 | + | ||
793 | + | (RR) “VETERAN” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 20 | |
794 | + | GOVERNMENT ARTICLE. 21 | |
795 | + | ||
796 | + | 7–208. 22 | |
797 | + | ||
798 | + | (a) (1) In this section the following words have the meanings indicated. 23 | |
799 | + | ||
800 | + | (2) “Disabled active duty service member” means an [individual in active 24 | |
801 | + | service of the military, naval, or air service as defined in 38 U.S.C. § 101] ACTIVE SERVICE 25 | |
802 | + | MEMBER who has a service connected physical disability that: 26 | |
803 | + | ||
804 | + | (i) is reasonably certain to continue for the life of the service 27 | |
805 | + | member; and 28 | |
806 | + | ||
807 | + | (ii) was not caused or incurred by misconduct of the service member. 29 18 HOUSE BILL 691 | |
808 | + | ||
809 | + | ||
810 | + | ||
811 | + | (3) (i) “Disabled veteran” means an individual who: 1 | |
812 | + | ||
813 | + | 1. is [honorably discharged or released under honorable 2 | |
814 | + | circumstances from active military, naval, or air service as defined in 38 U.S.C. § 101] A 3 | |
815 | + | VETERAN; and 4 | |
816 | + | ||
817 | + | 2. has been declared by the U.S. Department of Veterans 5 | |
818 | + | Affairs to have a permanent 100% service connected disability that results from blindness 6 | |
819 | + | or other disabling cause that: 7 | |
820 | + | ||
821 | + | A. is reasonably certain to continue for the life of the veteran; 8 | |
822 | + | and 9 | |
823 | + | ||
824 | + | B. was not caused or incurred by misconduct of the veteran. 10 | |
825 | + | ||
826 | + | (ii) “Disabled veteran” includes an individual who qualifies 11 | |
827 | + | posthumously for a 100% service connected disability. 12 | |
828 | + | ||
829 | + | (b) Except as provided in subsection (e) of this section, a dwelling house is exempt 13 | |
830 | + | from property tax if: 14 | |
831 | + | ||
832 | + | (1) the dwelling house is owned by: 15 | |
833 | + | ||
834 | + | (i) a disabled active duty service member; 16 | |
835 | + | ||
836 | + | (ii) a disabled veteran; 17 | |
837 | + | ||
838 | + | (iii) a surviving spouse of an individual who died in the line of duty, 18 | |
839 | + | if: 19 | |
840 | + | ||
841 | + | 1. the dwelling house was owned by the individual at the 20 | |
842 | + | time of the individual’s death; 21 | |
843 | + | ||
844 | + | 2. the dwelling house was acquired by the surviving spouse 22 | |
845 | + | within 2 years of the individual’s death, if the individual or the surviving spouse was 23 | |
846 | + | domiciled in the State as of the date of the individual’s death; or 24 | |
847 | + | ||
848 | + | 3. the dwelling house was acquired after the surviving 25 | |
849 | + | spouse qualified for exemption for a former dwelling house under item 1 or 2 of this item, 26 | |
850 | + | to the extent of the previous exemption; or 27 | |
851 | + | ||
852 | + | (iv) a surviving spouse of a disabled veteran who meets the 28 | |
853 | + | requirements of subsection (c) of this section; and 29 | |
854 | + | ||
855 | + | (2) the application requirements of subsection (d) of this section are met. 30 | |
856 | + | HOUSE BILL 691 19 | |
857 | + | ||
858 | + | ||
859 | + | 9–102. 1 | |
860 | + | ||
861 | + | (a) (1) In this section the following words have the meanings indicated. 2 | |
862 | + | ||
863 | + | (9) “Renter” means an individual, who during the calendar year for which 3 | |
864 | + | the property tax relief under this section is sought, actually occupies a dwelling in which 4 | |
865 | + | the individual has a leasehold interest and who: 5 | |
866 | + | ||
867 | + | (ii) has been found permanently and totally disabled and has 6 | |
868 | + | qualified for benefits under: 7 | |
869 | + | ||
870 | + | 3. any federal act for SERVICE members [of the United 8 | |
871 | + | States armed forces]; or 9 | |
872 | + | ||
873 | + | (b) There is a property tax relief program for any renter. 10 | |
874 | + | ||
875 | + | (h) (1) The property tax relief that a renter may receive under this section is 11 | |
876 | + | the assumed property tax on real property less a percentage of the combined income of the 12 | |
877 | + | renter. 13 | |
878 | + | ||
879 | + | (2) The percentage is: 14 | |
880 | + | ||
881 | + | (i) 0% of the 1st $4,000 of combined income; 15 | |
882 | + | ||
883 | + | (ii) 2.5% of the 2nd $4,000 of combined income; and 16 | |
884 | + | ||
885 | + | (iii) 5.5% of the combined income over $8,000. 17 | |
886 | + | ||
887 | + | 9–219. 18 | |
888 | + | ||
889 | + | (a) The Mayor and City Council of Baltimore City or the governing body of a 19 | |
890 | + | county or of a municipal corporation may grant, by law, a property tax credit against the 20 | |
891 | + | county or municipal corporation property tax imposed on rental dwellings of owners who 21 | |
892 | + | provide reduced rents for any tenant who: 22 | |
893 | + | ||
894 | + | (2) has been found permanently and totally disabled and has qualified for 23 | |
895 | + | benefits under: 24 | |
896 | + | ||
897 | + | (iii) any federal act for SERVICE members [of the United States 25 | |
898 | + | armed forces]; or 26 | |
899 | + | ||
900 | + | 9–258. 27 | |
901 | + | ||
902 | + | (a) (1) In this section the following words have the meanings indicated. 28 | |
903 | + | ||
904 | + | (2) “Dwelling” has the meaning stated in § 9–105 of this title. 29 | |
905 | + | 20 HOUSE BILL 691 | |
906 | + | ||
907 | + | ||
908 | + | (3) “Eligible individual” means: 1 | |
909 | + | ||
910 | + | (ii) an individual who is at least 65 years old and is a retired 2 | |
911 | + | SERVICE member [of the uniformed services of the United States as defined in 10 U.S.C. § 3 | |
912 | + | 101, the military reserves, or the National Guard]; 4 | |
913 | + | ||
914 | + | (iii) a surviving spouse, who is at least 65 years old and has not 5 | |
915 | + | remarried, of a retired SERVICE member [of the uniformed services of the United States 6 | |
916 | + | as defined in 10 U.S.C. § 101, the military reserves, or the National Guard]; 7 | |
917 | + | ||
918 | + | (iv) an individual who: 8 | |
919 | + | ||
920 | + | 1. is an active duty, retired, or honorably discharged 9 | |
921 | + | SERVICE member [of the uniformed services of the United States as defined in 10 U.S.C. § 10 | |
922 | + | 101, the military reserves, or the National Guard]; and 11 | |
923 | + | ||
924 | + | 2. has a service–connected disability as defined in a local law 12 | |
925 | + | enacted under this section; or 13 | |
926 | + | ||
927 | + | (v) a surviving spouse of an individual described under item (iv) of 14 | |
928 | + | this paragraph who has not remarried. 15 | |
929 | + | ||
930 | + | (b) The Mayor and City Council of Baltimore City or the governing body of a 16 | |
931 | + | county or municipal corporation may grant, by law, a property tax credit under this section 17 | |
932 | + | against the county or municipal corporation property tax imposed on the dwelling of an 18 | |
933 | + | eligible individual. 19 | |
934 | + | ||
935 | + | 9–265. 20 | |
844 | 936 | ||
845 | 937 | (a) (1) In this section the following words have the meanings indicated. 21 | |
846 | 938 | ||
847 | - | (2) “Disabled active duty service member” means an [individual in active 22 | |
848 | - | service of the military, naval, or air service as defined in 38 U.S.C. § 101] ACTIVE SERVICE 23 | |
849 | - | MEMBER who has a service connected physical disability that: 24 | |
939 | + | (2) “Disabled veteran” means an individual who: 22 | |
850 | 940 | ||
851 | - | (i) is reasonably certain to continue for the life of the service 25 | |
852 | - | member; and 26 | |
941 | + | (i) is [honorably discharged or released under honorable 23 | |
942 | + | circumstances from active military, naval, or air service as defined in 38 U.S.C. § 101] A 24 | |
943 | + | VETERAN; and 25 | |
853 | 944 | ||
854 | - | (ii) was not caused or incurred by misconduct of the service member. 27 | |
945 | + | (ii) 1. has been declared by the U.S. Department of Veterans 26 | |
946 | + | Affairs to have a permanent service–connected disability of at least 50% that results from 27 | |
947 | + | blindness or any other disabling cause that: 28 | |
855 | 948 | ||
856 | - | | |
857 | - | ||
949 | + | A. is reasonably certain to continue for the life of the veteran; 29 | |
950 | + | and 30 | |
858 | 951 | ||
952 | + | B. was not caused or incurred by misconduct of the veteran; 31 | |
953 | + | or 32 HOUSE BILL 691 21 | |
859 | 954 | ||
860 | - | 1. is [honorably discharged or released under honorable 1 | |
861 | - | circumstances from active military, naval, or air service as defined in 38 U.S.C. § 101] A 2 | |
862 | - | VETERAN; and 3 | |
863 | - | ||
864 | - | 2. has been declared by the U.S. Department of Veterans 4 | |
865 | - | Affairs to have a permanent 100% service connected disability that results from blindness 5 | |
866 | - | or other disabling cause that: 6 | |
867 | - | ||
868 | - | A. is reasonably certain to continue for the life of the veteran; 7 | |
869 | - | and 8 | |
870 | - | ||
871 | - | B. was not caused or incurred by misconduct of the veteran. 9 | |
872 | - | ||
873 | - | (ii) “Disabled veteran” includes an individual who qualifies 10 | |
874 | - | posthumously for a 100% service connected disability. 11 | |
875 | - | ||
876 | - | (b) Except as provided in subsection (e) of this section, a dwelling house is exempt 12 | |
877 | - | from property tax if: 13 | |
878 | - | ||
879 | - | (1) the dwelling house is owned by: 14 | |
880 | - | ||
881 | - | (i) a disabled active duty service member; 15 | |
882 | - | ||
883 | - | (ii) a disabled veteran; 16 | |
884 | - | ||
885 | - | (iii) a surviving spouse of an individual who died in the line of duty, 17 | |
886 | - | if: 18 | |
887 | - | ||
888 | - | 1. the dwelling house was owned by the individual at the 19 | |
889 | - | time of the individual’s death; 20 | |
890 | - | ||
891 | - | 2. the dwelling house was acquired by the surviving spouse 21 | |
892 | - | within 2 years of the individual’s death, if the individual or the surviving spouse was 22 | |
893 | - | domiciled in the State as of the date of the individual’s death; or 23 | |
894 | - | ||
895 | - | 3. the dwelling house was acquired after the surviving 24 | |
896 | - | spouse qualified for exemption for a former dwelling house under item 1 or 2 of this item, 25 | |
897 | - | to the extent of the previous exemption; or 26 | |
898 | - | ||
899 | - | (iv) a surviving spouse of a disabled veteran who meets the 27 | |
900 | - | requirements of subsection (c) of this section; and 28 | |
901 | - | ||
902 | - | (2) the application requirements of subsection (d) of this section are met. 29 | |
903 | - | ||
904 | - | 9–102. 30 | |
905 | - | ||
906 | - | (a) (1) In this section the following words have the meanings indicated. 31 20 HOUSE BILL 691 | |
907 | - | ||
908 | - | ||
909 | - | ||
910 | - | (9) “Renter” means an individual, who during the calendar year for which 1 | |
911 | - | the property tax relief under this section is sought, actually occupies a dwelling in which 2 | |
912 | - | the individual has a leasehold interest and who: 3 | |
913 | - | ||
914 | - | (ii) has been found permanently and totally disabled and has 4 | |
915 | - | qualified for benefits under: 5 | |
916 | - | ||
917 | - | 3. any federal act for SERVICE members [of the United 6 | |
918 | - | States armed forces]; or 7 | |
919 | - | ||
920 | - | (b) There is a property tax relief program for any renter. 8 | |
921 | - | ||
922 | - | (h) (1) The property tax relief that a renter may receive under this section is 9 | |
923 | - | the assumed property tax on real property less a percentage of the combined income of the 10 | |
924 | - | renter. 11 | |
925 | - | ||
926 | - | (2) The percentage is: 12 | |
927 | - | ||
928 | - | (i) 0% of the 1st $4,000 of combined income; 13 | |
929 | - | ||
930 | - | (ii) 2.5% of the 2nd $4,000 of combined income; and 14 | |
931 | - | ||
932 | - | (iii) 5.5% of the combined income over $8,000. 15 | |
933 | - | ||
934 | - | 9–219. 16 | |
935 | - | ||
936 | - | (a) The Mayor and City Council of Baltimore City or the governing body of a 17 | |
937 | - | county or of a municipal corporation may grant, by law, a property tax credit against the 18 | |
938 | - | county or municipal corporation property tax imposed on rental dwellings of owners who 19 | |
939 | - | provide reduced rents for any tenant who: 20 | |
940 | - | ||
941 | - | (2) has been found permanently and totally disabled and has qualified for 21 | |
942 | - | benefits under: 22 | |
943 | - | ||
944 | - | (iii) any federal act for SERVICE members [of the United States 23 | |
945 | - | armed forces]; or 24 | |
946 | - | ||
947 | - | 9–258. 25 | |
948 | - | ||
949 | - | (a) (1) In this section the following words have the meanings indicated. 26 | |
950 | - | ||
951 | - | (2) “Dwelling” has the meaning stated in § 9–105 of this title. 27 | |
952 | - | ||
953 | - | (3) “Eligible individual” means: 28 | |
954 | - | HOUSE BILL 691 21 | |
955 | - | ||
956 | - | ||
957 | - | (ii) an individual who is at least 65 years old and is a retired 1 | |
958 | - | SERVICE member [of the uniformed services of the United States as defined in 10 U.S.C. § 2 | |
959 | - | 101, the military reserves, or the National Guard]; 3 | |
960 | - | ||
961 | - | (iii) a surviving spouse, who is at least 65 years old and has not 4 | |
962 | - | remarried, of a retired SERVICE member [of the uniformed services of the United States 5 | |
963 | - | as defined in 10 U.S.C. § 101, the military reserves, or the National Guard]; 6 | |
964 | - | ||
965 | - | (iv) an individual who: 7 | |
966 | - | ||
967 | - | 1. is an active duty, retired, or honorably discharged 8 | |
968 | - | SERVICE member [of the uniformed services of the United States as defined in 10 U.S.C. § 9 | |
969 | - | 101, the military reserves, or the National Guard]; and 10 | |
970 | - | ||
971 | - | 2. has a service–connected disability as defined in a local law 11 | |
972 | - | enacted under this section; or 12 | |
973 | - | ||
974 | - | (v) a surviving spouse of an individual described under item (iv) of 13 | |
975 | - | this paragraph who has not remarried. 14 | |
976 | - | ||
977 | - | (b) The Mayor and City Council of Baltimore City or the governing body of a 15 | |
978 | - | county or municipal corporation may grant, by law, a property tax credit under this section 16 | |
979 | - | against the county or municipal corporation property tax imposed on the dwelling of an 17 | |
980 | - | eligible individual. 18 | |
981 | - | ||
982 | - | 9–265. 19 | |
983 | - | ||
984 | - | (a) (1) In this section the following words have the meanings indicated. 20 | |
985 | - | ||
986 | - | (2) “Disabled veteran” means an individual who: 21 | |
987 | - | ||
988 | - | (i) is [honorably discharged or released under honorable 22 | |
989 | - | circumstances from active military, naval, or air service as defined in 38 U.S.C. § 101] A 23 | |
990 | - | VETERAN; and 24 | |
991 | - | ||
992 | - | (ii) 1. has been declared by the U.S. Department of Veterans 25 | |
993 | - | Affairs to have a permanent service–connected disability of at least 50% that results from 26 | |
994 | - | blindness or any other disabling cause that: 27 | |
995 | - | ||
996 | - | A. is reasonably certain to continue for the life of the veteran; 28 | |
997 | - | and 29 | |
998 | - | ||
999 | - | B. was not caused or incurred by misconduct of the veteran; 30 | |
1000 | - | or 31 | |
1001 | - | 22 HOUSE BILL 691 | |
1002 | 955 | ||
1003 | 956 | ||
1004 | 957 | 2. has been declared by the U.S. Department of Veterans 1 | |
1005 | 958 | Affairs to have a nonpermanent service–connected disability of 100% that results from 2 | |
1006 | 959 | blindness or any other disabling cause that was not caused or incurred by misconduct of 3 | |
1007 | 960 | the veteran. 4 | |
1008 | 961 | ||
1009 | 962 | (3) “Dwelling house”: 5 | |
1010 | 963 | ||
1011 | 964 | (i) means real property that is: 6 | |
1012 | 965 | ||
1013 | 966 | 1. the legal residence of a disabled veteran; and 7 | |
1014 | 967 | ||
1015 | 968 | 2. occupied by not more than two families; and 8 | |
1016 | 969 | ||
1017 | 970 | (ii) includes the lot or curtilage and structures necessary to use the 9 | |
1018 | 971 | real property as a residence. 10 | |
1019 | 972 | ||
1020 | 973 | (b) The Mayor and City Council of Baltimore City or the governing body of a 11 | |
1021 | 974 | county or municipal corporation may grant, by law, a property tax credit under this section 12 | |
1022 | 975 | against the county or municipal corporation property tax imposed on a dwelling house if: 13 | |
1023 | 976 | ||
1024 | 977 | (1) the dwelling house is owned by a disabled veteran; 14 | |
1025 | 978 | ||
1026 | 979 | (2) the disabled veteran’s federal adjusted gross income for the 15 | |
1027 | 980 | immediately preceding taxable year does not exceed $100,000; and 16 | |
1028 | 981 | ||
1029 | 982 | (3) the application requirements of subsection (d) of this section are met. 17 | |
1030 | 983 | ||
1031 | 984 | 10–204. 18 | |
1032 | 985 | ||
1033 | 986 | (a) Notwithstanding Subtitle 1 of this title, the governing body of a county may 19 | |
1034 | 987 | authorize, by law, a payment deferral of county property tax for residential real property 20 | |
1035 | 988 | occupied as the principal residence of the owner. 21 | |
1036 | 989 | ||
1037 | 990 | (b) An owner is eligible for a payment deferral under subsection (a) of this section 22 | |
1038 | 991 | if the owner or at least 1 of the owners: 23 | |
1039 | 992 | ||
1040 | 993 | (1) has resided in the dwelling for a period of at least 5 consecutive years; 24 | |
1041 | 994 | ||
1042 | 995 | (2) (ii) has been found permanently and totally disabled and has 25 | |
1043 | 996 | qualified for benefits under: 26 | |
1044 | 997 | ||
1045 | 998 | 3. any federal act for SERVICE members [of the United 27 | |
1046 | 999 | States armed forces]; or 28 | |
1047 | 1000 | ||
1048 | 1001 | (3) meets the income eligibility requirements determined under subsection 29 | |
1049 | - | (c) of this section. 30 | |
1050 | - | | |
1002 | + | (c) of this section. 30 22 HOUSE BILL 691 | |
1003 | + | ||
1051 | 1004 | ||
1052 | 1005 | ||
1053 | 1006 | 10–204.2. 1 | |
1054 | 1007 | ||
1055 | 1008 | (a) Notwithstanding Subtitle 1 of this title, the governing body of a municipal 2 | |
1056 | 1009 | corporation may authorize, by law, a payment deferral of municipal corporation property 3 | |
1057 | 1010 | tax for residential real property occupied as the principal residence of the owner. 4 | |
1058 | 1011 | ||
1059 | 1012 | (b) An owner is eligible for a payment deferral under subsection (a) of this section 5 | |
1060 | 1013 | if the owner or at least 1 of the owners: 6 | |
1061 | 1014 | ||
1062 | 1015 | (1) has resided in the dwelling for a period of at least 5 consecutive years; 7 | |
1063 | 1016 | ||
1064 | 1017 | (2) (ii) has been found permanently and totally disabled and has 8 | |
1065 | 1018 | qualified for benefits under: 9 | |
1066 | 1019 | ||
1067 | 1020 | 3. any federal act for SERVICE members [of the United 10 | |
1068 | 1021 | States armed forces]; or 11 | |
1069 | 1022 | ||
1070 | 1023 | (3) meets the income eligibility requirements determined under subsection 12 | |
1071 | 1024 | (c) of this section. 13 | |
1072 | 1025 | ||
1073 | 1026 | SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall be 14 | |
1074 | 1027 | applicable to all taxable years beginning after December 31, 2024. 15 | |
1075 | 1028 | ||
1076 | 1029 | SECTION 5. AND BE IT FURTHER ENACTED, That Section 3 of this Act shall be 16 | |
1077 | 1030 | applicable to all taxable years beginning after June 30, 2025. 17 | |
1078 | 1031 | ||
1079 | 1032 | SECTION 6. AND BE IT FURTHER ENACTED, That this Act shall take effect July 18 | |
1080 | 1033 | 1, 2025. 19 | |
1081 | 1034 | ||
1082 | - | ||
1083 | - | ||
1084 | - | ||
1085 | - | Approved: | |
1086 | - | ________________________________________________________________________________ | |
1087 | - | Governor. | |
1088 | - | ________________________________________________________________________________ | |
1089 | - | Speaker of the House of Delegates. | |
1090 | - | ________________________________________________________________________________ | |
1091 | - | President of the Senate. |