EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *sb0330* SENATE BILL 330 Q1 5lr2508 SB 25/24 – B&T By: Senator Jackson Senators M. Jackson, Bailey, Benson, Corderman, Guzzone, Hettleman, Jennings, King, McCray, Salling, Lewis Young, Rosapepe, and Zucker Introduced and read first time: January 15, 2025 Assigned to: Budget and Taxation Committee Report: Favorable with amendments Senate action: Adopted Read second time: February 7, 2025 CHAPTER ______ AN ACT concerning 1 Property Tax Credit – Disabled or Fallen Law Enforcement Officer or Rescue 2 Worker – Alterations 3 FOR the purpose of altering, for purposes of a certain property tax credit for a certain 4 dwelling, the definition of “fallen law enforcement officer or rescue worker” to include 5 disabled law enforcement officers or rescue workers who have died regardless of the 6 cause of death; repealing a certain requirement that, for purposes of eligibility for 7 the credit, the dwelling must have been acquired by the disabled or fallen law 8 enforcement officer or rescue worker or the surviving spouse or cohabitant within a 9 certain number of years after a certain finding; requiring the amount of the credit 10 for a newly acquired dwelling owned by a disabled or fallen law enforcement officer 11 or rescue worker or the surviving spouse or cohabitant to be in the same proportion 12 as the property tax credit for a certain former dwelling; authorizing, under certain 13 circumstances, the amount of the credit for a dwelling owned by a disabled or fallen 14 law enforcement officer or rescue worker or the surviving spouse or cohabitant to be 15 in the same proportion as the property tax credit initially granted for the dwelling; 16 authorizing a county or municipal corporation, notwithstanding certain provisions 17 of this Act, to enact a law limiting eligibility for the tax credit to certain individuals 18 or to limit the number of years a dwelling must be acquired after certain events in 19 order to qualify for the tax credit; and generally relating to a property tax credit for 20 a dwelling owned by a disabled or fallen law enforcement officer or rescue worker or 21 the surviving spouse or cohabitant. 22 2 SENATE BILL 330 BY repealing and reenacting, with amendments, 1 Article – Tax – Property 2 Section 9–210 3 Annotated Code of Maryland 4 (2019 Replacement Volume and 2024 Supplement) 5 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6 That the Laws of Maryland read as follows: 7 Article – Tax – Property 8 9–210. 9 (a) (1) In this section the following words have the meanings indicated. 10 (2) “Cohabitant” means an individual who for a period of at least 180 days 11 in the year before the death of a fallen law enforcement officer or rescue worker: 12 (i) had a relationship of mutual interdependence with the fallen law 13 enforcement officer or rescue worker; and 14 (ii) resided with the fallen law enforcement officer or rescue worker 15 in the dwelling. 16 (3) “Disabled law enforcement officer or rescue worker” means an 17 individual who: 18 (i) is a law enforcement officer or rescue worker, as those terms are 19 defined, by law, by the county or municipal corporation as required under subsection (c) of 20 this section; 21 (ii) has been found to be permanently and totally disabled by an 22 administrative body or court of competent jurisdiction authorized to make such a 23 determination; and 24 (iii) became disabled: 25 1. as a result of or in the course of employment as a law 26 enforcement officer or a correctional officer; or 27 2. while in the active service of a fire, rescue, or emergency 28 medical service, unless the disability was the result of the individual’s own willful 29 misconduct or abuse of alcohol or drugs. 30 (4) (i) “Dwelling” means real property that: 31 SENATE BILL 330 3 1. is the legal residence of a disabled law enforcement officer 1 or rescue worker, a surviving spouse, or a cohabitant; and 2 2. is occupied by not more than two families. 3 (ii) “Dwelling” includes the lot or curtilage and structures necessary 4 to use the real property as a residence. 5 (5) “Fallen law enforcement officer or rescue worker” means [an individual 6 who dies]: 7 (i) AN INDIVIDUAL WHO DI ES as a result of or in the course of 8 employment as a law enforcement officer or a correctional officer; [or] 9 (ii) AN INDIVIDUAL WHO DI ES while in the active service of a fire, 10 rescue, or emergency medical service, unless the death was the result of the individual’s 11 own willful misconduct or abuse of alcohol or drugs; OR 12 (III) A DISABLED LAW ENFOR CEMENT OFFICER OR RE SCUE 13 WORKER WHO DIES REGARDLESS OF THE CA USE OF DEATH . 14 (6) “Surviving spouse” means a surviving spouse, who has not remarried, 15 of a fallen law enforcement officer or rescue worker. 16 (b) (1) The Mayor and City Council of Baltimore City or the governing body of 17 a county or municipal corporation may grant, by law, a property tax credit under this 18 section against the county or municipal corporation property tax imposed on a dwelling 19 that is owned by a disabled law enforcement officer or rescue worker, a surviving spouse of 20 a fallen law enforcement officer or rescue worker, or a cohabitant: 21 [(1)] (I) if the dwelling was owned by the disabled law enforcement officer 22 or rescue worker at the time the law enforcement officer or rescue worker was adjudged to 23 be permanently and totally disabled or by the fallen law enforcement officer or rescue 24 worker at the time of the fallen law enforcement officer’s or rescue worker’s death; 25 [(2)] (II) if the disabled law enforcement officer or rescue worker was 26 domiciled in the State as of, or any time within the 5 years before, the date the disabled 27 law enforcement officer or rescue worker was adjudged to be permanently and totally 28 disabled or the fallen law enforcement officer or rescue worker, the surviving spouse, or the 29 cohabitant was domiciled in the State as of, or any time within the 5 years before, the date 30 of the fallen law enforcement officer’s or rescue worker’s death and the dwelling was 31 acquired by the disabled law enforcement officer or rescue worker [within 10 years of the 32 date] AFTER the disabled law enforcement officer or rescue worker was adjudged to be 33 permanently and totally disabled or by the surviving spouse or cohabitant [within 10 years 34 of] AFTER the fallen law enforcement officer’s or rescue worker’s death; OR 35 4 SENATE BILL 330 [(3)] (III) if the dwelling was owned by the surviving spouse or cohabitant 1 at the time of the fallen law enforcement officer’s or rescue worker’s death[; or]. 2 [(4)] (2) [if the] FOR A dwelling THAT was acquired after [the] A disabled 3 law enforcement officer or rescue worker, [the] A surviving spouse, or [the] A cohabitant 4 qualified for a credit for a former dwelling under [item (1), (2), or (3)] PARAGRAPH (1) of 5 this subsection, [to the extent of the previous credit] THE CREDIT SHALL BE GRANTED 6 FOR THE NEWLY ACQUIR ED DWELLING IN AN AM OUNT THAT REDUCES TH E 7 PROPERTY TAXES OWED ON THE NEWLY ACQUIRED DWELL ING BY THE SAME 8 PROPORTION AS THE CR EDIT REDUCED THE PRO PERTY TAXES ON THE F ORMER 9 DWELLING. 10 (3) FOR A CREDIT GRANTED IN ACCORDANCE WITH PARAGRAP H (1) 11 OR (2) OF THIS SUBSECTION , IF THE AMOUNT OF PRO PERTY TAX IMPOSED ON THE 12 DWELLING INCREASES D URING A TAXABLE YEAR OCCURRING AFTER THE CREDIT IS 13 INITIALLY GRANTED , THE CREDIT FOR THAT TAXABLE YEAR MAY BE GRANTED IN AN 14 AMOUNT THAT RE DUCES THE PROPERTY T AXES OWED ON THE DWE LLING BY THE 15 SAME PROPORTION AS T HE INITIAL CREDIT RE DUCED THE PROPERTY T AXES ON THE 16 DWELLING. 17 (c) A county or municipal corporation: 18 (1) shall define, by law, who is a law enforcement officer or rescue worker; 19 and 20 (2) may [provide], by law[, for]: 21 (i) NOTWITHSTANDING SUBS ECTION (A)(5)(III) OF THIS 22 SECTION, LIMIT ELIGIBILITY FO R THE CREDIT ALLOWED UNDER THIS SECTION T O 23 INDIVIDUALS DESCRIBE D UNDER SUBSECTION (A)(5)(I) AND (II) OF THIS SECTION; 24 (II) ESTABLISH the amount and duration of a property tax credit 25 allowed under this section; 26 [(ii)] (III) NOTWITHSTANDING SUBS ECTION (B)(1)(II) OF THIS 27 SECTION, PROVIDE FOR any [additional] limitation to the number of years the dwelling 28 was acquired within the date of an adjudication of disability or death; and 29 [(iii)] (IV) PROVIDE FOR any other provision necessary to carry out 30 the provisions of this section. 31 SECTION 2. AND BE IT FURTH ER ENACTED, That this Act shall take effect June 32 1, 2025, and shall be applicable to all taxable years beginning after June 30, 2025. 33