CSHB 66(FIN) AM: "An Act relating to an exemption from and deferral of municipal property taxes for certain primary residences, to property tax equivalency payments for certain residents, to the determination of full and true value of taxable property in a municipality; and providing for an effective date."
00CS FOR HOUSE BILL NO. 66(FIN) am 01 "An Act relating to an exemption from and deferral of municipal property taxes 02 for certain primary residences, to property tax equivalency payments for certain 03 residents, to the determination of full and true value of taxable property in a 04 municipality; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 14.17.140(a) is amended to read: 07 (a) To determine the amount of local effort under AS 14.17.025 and to aid the 08 department and the legislature in planning, the Department of Community and 09 Regional Affairs, in consultation with the assessor for each district, shall determine the 10 full value of the taxable real and personal property in each city or borough district. 11 If there is no local assessor or current local assessment for a district, then the 12 Department of Community and Regional Affairs shall make the determination of full 13 value from information available. In making the determination, the Department of 14 Community and Regional Affairs shall be guided by AS 29.45.110. However, the
01 value of property exempted under AS 29.45.052 may not be included in the 02 determination. The determination of full value shall be made by October 1 and sent 03 by certified mail, return receipt requested, on or before that date to the president of the 04 school board in each district. Duplicate copies shall be sent to the commissioner. The 05 governing body of a borough or city that is a school district may obtain judicial review 06 of the determination. The superior court may modify the determination of the 07 Department of Community and Regional Affairs only upon a finding of abuse of 08 discretion or upon a finding that there is no substantial evidence to support the 09 determination. 10 * Sec. 2. AS 29.45.030(h) is amended to read: 11 (h) Nothing [EXCEPT AS PROVIDED IN (g) OF THIS SECTION, 12 NOTHING] in (j) [(e) - (j)] of this section affects similar exemptions from property 13 taxes granted by a municipality on September 10, 1972, or prevents a municipality 14 from granting similar exemptions by ordinance as provided in AS 29.45.050. 15 * Sec. 3. AS 29.45.030(k) is amended to read: 16 (k) The department shall adopt regulations to implement the provisions of [(g) 17 AND] (j) of this section. 18 * Sec. 4. AS 29.45 is amended by adding new sections to read: 19 Sec. 29.45.052. OPTIONAL EXEMPTION FOR CERTAIN RESIDENCES. 20 (a) The real property owned and occupied as the primary residence and permanent 21 place of abode by a resident of the state who is (1) 65 years of age or older; (2) a 22 disabled veteran; or (3) at least 60 years old and the widow or widower of a person 23 who qualified for an exemption under former AS 29.45.030(e) or under (1) or (2) of 24 this subsection, may by ordinance be exempted from taxation on all or part of the 25 assessed value of the real property. The exemption may be based upon economic 26 hardship as provided in the ordinance. Only one exemption may be granted to a 27 qualified resident for one property annually. If two or more persons are eligible for 28 an exemption for the same property, the parties shall decide between or among 29 themselves who is to receive the benefit of the exemption. Real property may not be 30 exempted under this section if the assessor determines, after notice and hearing to the 31 parties, that the property was conveyed to the applicant primarily for the purpose of
01 obtaining the exemption. The determination of the assessor may be appealed under 02 AS 44.62.560 - 44.62.570. 03 (b) In this section, 04 (1) "disabled veteran" means a disabled person separated from the 05 military service of the United States under a condition that is not dishonorable, whose 06 disability was incurred or aggravated in the line of duty in the military service of the 07 United States, and whose disability has been rated as 50 percent or more by the branch 08 of service in which that person served or by the Department of Veterans' Affairs; 09 (2) "real property" includes mobile homes, whether classified as real 10 or personal property for municipal tax purposes. 11 Sec. 29.45.054. OPTIONAL DEFERRAL FOR CERTAIN RESIDENCES. (a) 12 Payment of taxes on all or part of the assessed value of real property may be deferred 13 by ordinance if the property is owned and occupied as the primary residence and 14 permanent place of abode by a resident of the state who is (1) 65 years of age or 15 older; (2) a disabled veteran; or (3) at least 60 years old and the widow or widower 16 of an individual who qualified for an exemption under former AS 29.45.030(e) or for 17 a deferral under (1) or (2) of this subsection. The deferral may be based upon 18 economic hardship as provided in the ordinance. The taxes become due when the 19 property ceases to be owned by the resident who qualified for the deferral or the 20 spouse if the spouse also qualified for a deferral. A municipality may not charge 21 interest upon taxes deferred under this section for the deferral period. Only one 22 deferral may be granted to a qualified resident for one property annually. If two or 23 more persons are eligible for a deferral for the same property, the parties shall decide 24 between or among themselves who is to receive the benefit of the deferral. Payment 25 of taxes may not be deferred under this section if the assessor determines, after notice 26 and hearing to the parties, that the property was conveyed to the applicant primarily 27 for the purpose of obtaining the deferral. The determination of the assessor may be 28 appealed under AS 44.62.560 - 44.62.570. 29 (b) In this section, 30 (1) "disabled veteran" means a disabled person separated from the 31 military service of the United States under a condition that is not dishonorable, whose
01 disability was incurred or aggravated in the line of duty in the military service of the 02 United States, and whose disability has been rated as 50 percent or more by the branch 03 of service in which that person served or by the Department of Veterans' Affairs; 04 (2) "real property" includes mobile homes, whether classified as real 05 or personal property for municipal tax purposes. 06 * Sec. 5. AS 29.45.030(a)(6), 29.45.030(e), 29.45.030(f), 29.45.030(g), 29.45.030(i), 07 29.45.040, and 29.45.050(i) are repealed. 08 * Sec. 6. This Act takes effect January 1, 1994.