H-0115.1  _______________________________________________

                          HOUSE BILL 1209

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives Rockefeller, Stensen, Conway, Dunshee, Dickerson, Cooper, DeBolt, Veloria, Benson, Santos, Cairnes, Sullivan, Campbell, Sump, Barlean, Fortunato, Pennington, Cody, Hurst, Lantz, McIntire, Kenney and Ogden

Read first time 01/19/1999.  Referred to Committee on Finance.

Changing the definition of "combined disposable income" for purposes of eligibility for certain property tax exemptions.

    AN ACT Relating to property tax exemptions and deferrals for senior citizens and persons retired for reasons of physical disability; and amending RCW 84.36.383.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 84.36.383 and 1995 1st sp.s. c 8 s 2 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 and 84.04.090, 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) "Department" shall mean the state department of revenue.

    (4) "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 assessment year, less amounts paid by the person claiming the exemption or his or her spouse during the assessment year for:

    (a) Drugs supplied by prescription of a medical practitioner authorized by the laws of this state or another jurisdiction to issue prescriptions; ((and))

    (b) The treatment or care of either person received in the home or in a nursing home; and

(c) Health care insurance of either person, including any deduction for medicare under Title XVIII of the social security act.

    (5) "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.

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

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