Old | New | Differences | |
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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 | *sb0330* | |
9 | 6 | ||
10 | 7 | SENATE BILL 330 | |
11 | 8 | Q1 5lr2508 | |
12 | 9 | SB 25/24 – B&T | |
13 | - | By: Senator Jackson Senators M. Jackson, Bailey, Benson, Corderman, Guzzone, | |
14 | - | Hettleman, Jennings, King, McCray, Salling, Lewis Young, Rosapepe, and | |
15 | - | Zucker | |
10 | + | By: Senator Jackson | |
16 | 11 | Introduced and read first time: January 15, 2025 | |
17 | 12 | Assigned to: Budget and Taxation | |
18 | - | Committee Report: Favorable with amendments | |
19 | - | Senate action: Adopted | |
20 | - | Read second time: February 7, 2025 | |
21 | 13 | ||
22 | - | ||
14 | + | A BILL ENTITLED | |
23 | 15 | ||
24 | 16 | AN ACT concerning 1 | |
25 | 17 | ||
26 | 18 | Property Tax Credit – Disabled or Fallen Law Enforcement Officer or Rescue 2 | |
27 | 19 | Worker – Alterations 3 | |
28 | 20 | ||
29 | 21 | FOR the purpose of altering, for purposes of a certain property tax credit for a certain 4 | |
30 | 22 | dwelling, the definition of “fallen law enforcement officer or rescue worker” to include 5 | |
31 | 23 | disabled law enforcement officers or rescue workers who have died regardless of the 6 | |
32 | 24 | cause of death; repealing a certain requirement that, for purposes of eligibility for 7 | |
33 | 25 | the credit, the dwelling must have been acquired by the disabled or fallen law 8 | |
34 | 26 | enforcement officer or rescue worker or the surviving spouse or cohabitant within a 9 | |
35 | 27 | certain number of years after a certain finding; requiring the amount of the credit 10 | |
36 | 28 | for a newly acquired dwelling owned by a disabled or fallen law enforcement officer 11 | |
37 | 29 | or rescue worker or the surviving spouse or cohabitant to be in the same proportion 12 | |
38 | 30 | as the property tax credit for a certain former dwelling; authorizing, under certain 13 | |
39 | 31 | circumstances, the amount of the credit for a dwelling owned by a disabled or fallen 14 | |
40 | 32 | law enforcement officer or rescue worker or the surviving spouse or cohabitant to be 15 | |
41 | 33 | in the same proportion as the property tax credit initially granted for the dwelling; 16 | |
42 | 34 | authorizing a county or municipal corporation, notwithstanding certain provisions 17 | |
43 | 35 | of this Act, to enact a law limiting eligibility for the tax credit to certain individuals 18 | |
44 | 36 | or to limit the number of years a dwelling must be acquired after certain events in 19 | |
45 | 37 | order to qualify for the tax credit; and generally relating to a property tax credit for 20 | |
46 | 38 | a dwelling owned by a disabled or fallen law enforcement officer or rescue worker or 21 | |
47 | 39 | the surviving spouse or cohabitant. 22 | |
48 | - | 2 SENATE BILL 330 | |
40 | + | ||
41 | + | BY repealing and reenacting, with amendments, 23 | |
42 | + | Article – Tax – Property 24 | |
43 | + | Section 9–210 25 | |
44 | + | Annotated Code of Maryland 26 | |
45 | + | (2019 Replacement Volume and 2024 Supplement) 27 | |
46 | + | ||
47 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 28 | |
48 | + | That the Laws of Maryland read as follows: 29 2 SENATE BILL 330 | |
49 | 49 | ||
50 | 50 | ||
51 | - | BY repealing and reenacting, with amendments, 1 | |
52 | - | Article – Tax – Property 2 | |
53 | - | Section 9–210 3 | |
54 | - | Annotated Code of Maryland 4 | |
55 | - | (2019 Replacement Volume and 2024 Supplement) 5 | |
56 | 51 | ||
57 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6 | |
58 | - | That the Laws of Maryland read as follows: 7 | |
52 | + | Article – Tax – Property 1 | |
59 | 53 | ||
60 | - | ||
54 | + | 9–210. 2 | |
61 | 55 | ||
62 | - | ||
56 | + | (a) (1) In this section the following words have the meanings indicated. 3 | |
63 | 57 | ||
64 | - | (a) (1) In this section the following words have the meanings indicated. 10 | |
58 | + | (2) “Cohabitant” means an individual who for a period of at least 180 days 4 | |
59 | + | in the year before the death of a fallen law enforcement officer or rescue worker: 5 | |
65 | 60 | ||
66 | - | ( | |
67 | - | ||
61 | + | (i) had a relationship of mutual interdependence with the fallen law 6 | |
62 | + | enforcement officer or rescue worker; and 7 | |
68 | 63 | ||
69 | - | ( | |
70 | - | ||
64 | + | (ii) resided with the fallen law enforcement officer or rescue worker 8 | |
65 | + | in the dwelling. 9 | |
71 | 66 | ||
72 | - | ( | |
73 | - | ||
67 | + | (3) “Disabled law enforcement officer or rescue worker” means an 10 | |
68 | + | individual who: 11 | |
74 | 69 | ||
75 | - | (3) “Disabled law enforcement officer or rescue worker” means an 17 | |
76 | - | individual who: 18 | |
70 | + | (i) is a law enforcement officer or rescue worker, as those terms are 12 | |
71 | + | defined, by law, by the county or municipal corporation as required under subsection (c) of 13 | |
72 | + | this section; 14 | |
77 | 73 | ||
78 | - | ( | |
79 | - | ||
80 | - | ||
74 | + | (ii) has been found to be permanently and totally disabled by an 15 | |
75 | + | administrative body or court of competent jurisdiction authorized to make such a 16 | |
76 | + | determination; and 17 | |
81 | 77 | ||
82 | - | (ii) has been found to be permanently and totally disabled by an 22 | |
83 | - | administrative body or court of competent jurisdiction authorized to make such a 23 | |
84 | - | determination; and 24 | |
78 | + | (iii) became disabled: 18 | |
85 | 79 | ||
86 | - | (iii) became disabled: 25 | |
80 | + | 1. as a result of or in the course of employment as a law 19 | |
81 | + | enforcement officer or a correctional officer; or 20 | |
87 | 82 | ||
88 | - | 1. as a result of or in the course of employment as a law 26 | |
89 | - | enforcement officer or a correctional officer; or 27 | |
83 | + | 2. while in the active service of a fire, rescue, or emergency 21 | |
84 | + | medical service, unless the disability was the result of the individual’s own willful 22 | |
85 | + | misconduct or abuse of alcohol or drugs. 23 | |
90 | 86 | ||
91 | - | 2. while in the active service of a fire, rescue, or emergency 28 | |
92 | - | medical service, unless the disability was the result of the individual’s own willful 29 | |
93 | - | misconduct or abuse of alcohol or drugs. 30 | |
87 | + | (4) (i) “Dwelling” means real property that: 24 | |
94 | 88 | ||
95 | - | (4) (i) “Dwelling” means real property that: 31 | |
89 | + | 1. is the legal residence of a disabled law enforcement officer 25 | |
90 | + | or rescue worker, a surviving spouse, or a cohabitant; and 26 | |
91 | + | ||
92 | + | 2. is occupied by not more than two families. 27 | |
93 | + | ||
94 | + | (ii) “Dwelling” includes the lot or curtilage and structures necessary 28 | |
95 | + | to use the real property as a residence. 29 | |
96 | 96 | SENATE BILL 330 3 | |
97 | 97 | ||
98 | 98 | ||
99 | - | | |
100 | - | ||
99 | + | (5) “Fallen law enforcement officer or rescue worker” means [an individual 1 | |
100 | + | who dies]: 2 | |
101 | 101 | ||
102 | - | 2. is occupied by not more than two families. 3 | |
102 | + | (i) AN INDIVIDUAL WHO DI ES as a result of or in the course of 3 | |
103 | + | employment as a law enforcement officer or a correctional officer; [or] 4 | |
103 | 104 | ||
104 | - | (ii) “Dwelling” includes the lot or curtilage and structures necessary 4 | |
105 | - | to use the real property as a residence. 5 | |
105 | + | (ii) AN INDIVIDUAL WHO DI ES while in the active service of a fire, 5 | |
106 | + | rescue, or emergency medical service, unless the death was the result of the individual’s 6 | |
107 | + | own willful misconduct or abuse of alcohol or drugs; OR 7 | |
106 | 108 | ||
107 | - | ( | |
108 | - | who dies | |
109 | + | (III) A DISABLED LAW ENFOR CEMENT OFFICER OR RE SCUE 8 | |
110 | + | WORKER WHO DIES REGA RDLESS OF THE CAUSE OF DEATH . 9 | |
109 | 111 | ||
110 | - | ( | |
111 | - | ||
112 | + | (6) “Surviving spouse” means a surviving spouse, who has not remarried, 10 | |
113 | + | of a fallen law enforcement officer or rescue worker. 11 | |
112 | 114 | ||
113 | - | (ii) AN INDIVIDUAL WHO DI ES while in the active service of a fire, 10 | |
114 | - | rescue, or emergency medical service, unless the death was the result of the individual’s 11 | |
115 | - | own willful misconduct or abuse of alcohol or drugs; OR 12 | |
115 | + | (b) (1) The Mayor and City Council of Baltimore City or the governing body of 12 | |
116 | + | a county or municipal corporation may grant, by law, a property tax credit under this 13 | |
117 | + | section against the county or municipal corporation property tax imposed on a dwelling 14 | |
118 | + | that is owned by a disabled law enforcement officer or rescue worker, a surviving spouse of 15 | |
119 | + | a fallen law enforcement officer or rescue worker, or a cohabitant: 16 | |
116 | 120 | ||
117 | - | (III) A DISABLED LAW ENFOR CEMENT OFFICER OR RE SCUE 13 | |
118 | - | WORKER WHO DIES REGARDLESS OF THE CA USE OF DEATH . 14 | |
121 | + | [(1)] (I) if the dwelling was owned by the disabled law enforcement officer 17 | |
122 | + | or rescue worker at the time the law enforcement officer or rescue worker was adjudged to 18 | |
123 | + | be permanently and totally disabled or by the fallen law enforcement officer or rescue 19 | |
124 | + | worker at the time of the fallen law enforcement officer’s or rescue worker’s death; 20 | |
119 | 125 | ||
120 | - | (6) “Surviving spouse” means a surviving spouse, who has not remarried, 15 | |
121 | - | of a fallen law enforcement officer or rescue worker. 16 | |
126 | + | [(2)] (II) if the disabled law enforcement officer or rescue worker was 21 | |
127 | + | domiciled in the State as of, or any time within the 5 years before, the date the disabled 22 | |
128 | + | law enforcement officer or rescue worker was adjudged to be permanently and totally 23 | |
129 | + | disabled or the fallen law enforcement officer or rescue worker, the surviving spouse, or the 24 | |
130 | + | cohabitant was domiciled in the State as of, or any time within the 5 years before, the date 25 | |
131 | + | of the fallen law enforcement officer’s or rescue worker’s death and the dwelling was 26 | |
132 | + | acquired by the disabled law enforcement officer or rescue worker [within 10 years of the 27 | |
133 | + | date] AFTER the disabled law enforcement officer or rescue worker was adjudged to be 28 | |
134 | + | permanently and totally disabled or by the surviving spouse or cohabitant [within 10 years 29 | |
135 | + | of] AFTER the fallen law enforcement officer’s or rescue worker’s death; OR 30 | |
122 | 136 | ||
123 | - | (b) (1) The Mayor and City Council of Baltimore City or the governing body of 17 | |
124 | - | a county or municipal corporation may grant, by law, a property tax credit under this 18 | |
125 | - | section against the county or municipal corporation property tax imposed on a dwelling 19 | |
126 | - | that is owned by a disabled law enforcement officer or rescue worker, a surviving spouse of 20 | |
127 | - | a fallen law enforcement officer or rescue worker, or a cohabitant: 21 | |
137 | + | [(3)] (III) if the dwelling was owned by the surviving spouse or cohabitant 31 | |
138 | + | at the time of the fallen law enforcement officer’s or rescue worker’s death[; or]. 32 | |
128 | 139 | ||
129 | - | [(1)] (I) if the dwelling was owned by the disabled law enforcement officer 22 | |
130 | - | or rescue worker at the time the law enforcement officer or rescue worker was adjudged to 23 | |
131 | - | be permanently and totally disabled or by the fallen law enforcement officer or rescue 24 | |
132 | - | worker at the time of the fallen law enforcement officer’s or rescue worker’s death; 25 | |
133 | - | ||
134 | - | [(2)] (II) if the disabled law enforcement officer or rescue worker was 26 | |
135 | - | domiciled in the State as of, or any time within the 5 years before, the date the disabled 27 | |
136 | - | law enforcement officer or rescue worker was adjudged to be permanently and totally 28 | |
137 | - | disabled or the fallen law enforcement officer or rescue worker, the surviving spouse, or the 29 | |
138 | - | cohabitant was domiciled in the State as of, or any time within the 5 years before, the date 30 | |
139 | - | of the fallen law enforcement officer’s or rescue worker’s death and the dwelling was 31 | |
140 | - | acquired by the disabled law enforcement officer or rescue worker [within 10 years of the 32 | |
141 | - | date] AFTER the disabled law enforcement officer or rescue worker was adjudged to be 33 | |
142 | - | permanently and totally disabled or by the surviving spouse or cohabitant [within 10 years 34 | |
143 | - | of] AFTER the fallen law enforcement officer’s or rescue worker’s death; OR 35 | |
144 | - | 4 SENATE BILL 330 | |
140 | + | [(4)] (2) [if the] FOR A dwelling THAT was acquired after [the] A disabled 33 | |
141 | + | law enforcement officer or rescue worker, [the] A surviving spouse, or [the] A cohabitant 34 | |
142 | + | qualified for a credit for a former dwelling under [item (1), (2), or (3)] PARAGRAPH (1) of 35 | |
143 | + | this subsection, [to the extent of the previous credit] THE CREDIT SHALL BE GRANTED 36 4 SENATE BILL 330 | |
145 | 144 | ||
146 | 145 | ||
147 | - | [(3)] (III) if the dwelling was owned by the surviving spouse or cohabitant 1 | |
148 | - | at the time of the fallen law enforcement officer’s or rescue worker’s death[; or]. 2 | |
146 | + | FOR THE NEWLY ACQUIR ED DWELLING IN AN AM OUNT THAT REDUCES TH E 1 | |
147 | + | PROPERTY TAXES OWED ON THE NEWLY ACQUIRED DWELL ING BY THE SAME 2 | |
148 | + | PROPORTION AS THE CR EDIT REDUCED THE PRO PERTY TAXES O N THE FORMER 3 | |
149 | + | DWELLING. 4 | |
149 | 150 | ||
150 | - | [(4)] (2) [if the] FOR A dwelling THAT was acquired after [the] A disabled 3 | |
151 | - | law enforcement officer or rescue worker, [the] A surviving spouse, or [the] A cohabitant 4 | |
152 | - | qualified for a credit for a former dwelling under [item (1), (2), or (3)] PARAGRAPH (1) of 5 | |
153 | - | this subsection, [to the extent of the previous credit] THE CREDIT SHALL BE GRANTED 6 | |
154 | - | FOR THE NEWLY ACQUIR ED DWELLING IN AN AM OUNT THAT REDUCES TH E 7 | |
155 | - | PROPERTY TAXES OWED ON THE NEWLY ACQUIRED DWELL ING BY THE SAME 8 | |
156 | - | PROPORTION AS THE CR EDIT REDUCED THE PRO PERTY TAXES ON THE F ORMER 9 | |
157 | - | DWELLING. 10 | |
151 | + | (3) FOR A CREDIT GRANTED IN ACCORDANCE WITH P ARAGRAPH (1) 5 | |
152 | + | OR (2) OF THIS SUBSECTION , IF THE AMOUNT OF PRO PERTY TAX IMPOSED ON THE 6 | |
153 | + | DWELLING INCREASES D URING A TAXABLE YEAR OCCURRING AFTER THE CREDIT IS 7 | |
154 | + | INITIALLY GRANTED , THE CREDIT FOR THAT TAXABLE YEA R MAY BE GRANTED IN AN 8 | |
155 | + | AMOUNT THAT REDUCES THE PROPERTY TAXES O WED ON THE DWELLING BY THE 9 | |
156 | + | SAME PROPORTION AS T HE INITIAL CREDIT RE DUCED THE PROPERTY T AXES ON THE 10 | |
157 | + | DWELLING. 11 | |
158 | 158 | ||
159 | - | (3) FOR A CREDIT GRANTED IN ACCORDANCE WITH PARAGRAP H (1) 11 | |
160 | - | OR (2) OF THIS SUBSECTION , IF THE AMOUNT OF PRO PERTY TAX IMPOSED ON THE 12 | |
161 | - | DWELLING INCREASES D URING A TAXABLE YEAR OCCURRING AFTER THE CREDIT IS 13 | |
162 | - | INITIALLY GRANTED , THE CREDIT FOR THAT TAXABLE YEAR MAY BE GRANTED IN AN 14 | |
163 | - | AMOUNT THAT RE DUCES THE PROPERTY T AXES OWED ON THE DWE LLING BY THE 15 | |
164 | - | SAME PROPORTION AS T HE INITIAL CREDIT RE DUCED THE PROPERTY T AXES ON THE 16 | |
165 | - | DWELLING. 17 | |
159 | + | (c) A county or municipal corporation: 12 | |
166 | 160 | ||
167 | - | (c) A county or municipal corporation: 18 | |
161 | + | (1) shall define, by law, who is a law enforcement officer or rescue worker; 13 | |
162 | + | and 14 | |
168 | 163 | ||
169 | - | (1) shall define, by law, who is a law enforcement officer or rescue worker; 19 | |
170 | - | and 20 | |
164 | + | (2) may [provide], by law[, for]: 15 | |
171 | 165 | ||
172 | - | (2) may [provide], by law[, for]: 21 | |
166 | + | (i) NOTWITHSTANDING SUBS ECTION (A)(5)(III) OF THIS 16 | |
167 | + | SECTION, LIMIT ELIGIBILITY FO R THE CREDIT ALLOWED UNDER THIS SECTION T O 17 | |
168 | + | INDIVIDUALS DESCRIBE D UNDER SUBSECTION (A)(5)(I) AND (II) OF THIS SECTION; 18 | |
173 | 169 | ||
174 | - | (i) NOTWITHSTANDING SUBS ECTION (A)(5)(III) OF THIS 22 | |
175 | - | SECTION, LIMIT ELIGIBILITY FO R THE CREDIT ALLOWED UNDER THIS SECTION T O 23 | |
176 | - | INDIVIDUALS DESCRIBE D UNDER SUBSECTION (A)(5)(I) AND (II) OF THIS SECTION; 24 | |
170 | + | (II) ESTABLISH the amount and duration of a property tax credit 19 | |
171 | + | allowed under this section; 20 | |
177 | 172 | ||
178 | - | (II) ESTABLISH the amount and duration of a property tax credit 25 | |
179 | - | allowed under this section; 26 | |
173 | + | [(ii)] (III) NOTWITHSTANDING SUBS ECTION (B)(1)(II) OF THIS 21 | |
174 | + | SECTION, PROVIDE FOR any [additional] limitation to the number of years the dwelling 22 | |
175 | + | was acquired within the date of an adjudication of disability or death; and 23 | |
180 | 176 | ||
181 | - | [(ii)] (III) NOTWITHSTANDING SUBS ECTION (B)(1)(II) OF THIS 27 | |
182 | - | SECTION, PROVIDE FOR any [additional] limitation to the number of years the dwelling 28 | |
183 | - | was acquired within the date of an adjudication of disability or death; and 29 | |
177 | + | [(iii)] (IV) PROVIDE FOR any other provision necessary to carry out 24 | |
178 | + | the provisions of this section. 25 | |
184 | 179 | ||
185 | - | [(iii)] (IV) PROVIDE FOR any other provision necessary to carry out 30 | |
186 | - | the provisions of this section. 31 | |
187 | - | ||
188 | - | SECTION 2. AND BE IT FURTH ER ENACTED, That this Act shall take effect June 32 | |
189 | - | 1, 2025, and shall be applicable to all taxable years beginning after June 30, 2025. 33 | |
180 | + | SECTION 2. AND BE IT FURTHER ENACTED, Th at this Act shall take effect June 26 | |
181 | + | 1, 2025, and shall be applicable to all taxable years beginning after June 30, 2025. 27 | |
190 | 182 |