HOUSE BILL 1642







                        52nd Legislature

                      1991 Regular Session



Passed by the House February 20, 1991

  Yeas 98   Nays 0




Speaker of the

       House of Representatives


Passed by the Senate April 10, 1991

  Yeas 44   Nays 0




President of the Senate












Governor of the State of Washington



I, Alan Thompson, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1642 as passed by the House of Representatives and the Senate on the dates hereon set forth.




                                      Chief Clerk











                        Secretary of State   

                       State of Washington  




                                  HOUSE BILL 1642



                             AS AMENDED BY THE SENATE


                     Passed Legislature - 1991 Regular Session



State of Washington              52nd Legislature             1991 Regular Session


By Representatives Fraser, Brumsickle, Van Luven, Phillips, Holland, Rasmussen, Winsley and Bowman.


Read first time February 5, 1991.  Referred to Committee on Revenue.Modifying the definition of disposable income for senior citizen tax relief.

     AN ACT Relating to senior citizen property tax relief; amending RCW 84.36.383; and creating a new section.




     Sec. 1.  RCW 84.36.383 and 1989 c 379 s 6 are each amended to read as follows:

     As used in RCW 84.36.381 through 84.36.389, except where the context clearly indicates a different meaning:

     (1) The term "residence" shall mean a single family dwelling unit whether such unit be separate or part of a multiunit dwelling, including the land on which such dwelling stands not to exceed one acre.  The term shall also include a share ownership in a cooperative housing association, corporation, or partnership if the person claiming exemption can establish that his or her share represents the specific unit or portion of such structure in which he or she resides.  The term shall also include a single family dwelling situated upon lands the fee of which is vested in the United States or any instrumentality thereof including an Indian tribe or in the state of Washington, and notwithstanding the provisions of RCW 84.04.080, 84.04.090 or 84.40.250, such a residence shall be deemed real property.

     (2) The term "real property" shall also include a mobile home which has substantially lost its identity as a mobile unit by virtue of its being fixed in location upon land owned or leased by the owner of the mobile home and placed on a foundation (posts or blocks) with fixed pipe, connections with sewer, water, or other utilities:  PROVIDED, That a mobile home located on land leased by the owner of the mobile home shall be subject, for tax billing, payment, and collection purposes, only to the personal property provisions of chapter 84.56 RCW and RCW 84.60.040.

     (3) The term "preceding calendar year" shall mean the calendar year preceding the year in which the claim for exemption is to be made.

     (4) "Department" shall mean the state department of revenue.

     (5) "Combined disposable income" means the disposable income of the person claiming the exemption, plus the disposable income of his or her spouse, and the disposable income of each cotenant occupying the residence for the preceding calendar year, less amounts paid by the person claiming the exemption or his or her spouse during the previous year for the treatment or care of either person in a nursing home.

     (6) "Disposable income" means adjusted gross income as defined in the federal internal revenue code, as amended prior to January 1, 1989, or such subsequent date as the director may provide by rule consistent with the purpose of this section, plus all of the following items to the extent they are not included in or have been deducted from adjusted gross income:

     (a) Capital gains, other than nonrecognized gain on the sale of a principal residence under section 1034 of the federal internal revenue code, or gain excluded from income under section 121 of the federal internal revenue code to the extent it is reinvested in a new principal residence;

     (b) Amounts deducted for loss;

     (c) Amounts deducted for depreciation;

     (d) Pension and annuity receipts;

     (e) Military pay and benefits other than attendant-care and medical-aid payments;

     (f) Veterans benefits other than attendant-care and medical-aid payments;

     (g) Federal social security act and railroad retirement benefits;

     (h) Dividend receipts; and

     (i) Interest received on state and municipal bonds.

     (7) "Cotenant" means a person who resides with the person claiming the exemption and who has an ownership interest in the residence.


     NEW SECTION.  Sec. 2.      This act is effective for taxes levied for collection in 1992 and thereafter.