CSHB 185(CRA): "An Act relating to exemptions from municipal property taxes for certain principal residences; relating 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. 185(CRA) 01 "An Act relating to exemptions from municipal property taxes for certain 02 principal residences; relating to the determination of full and true value of taxable 03 property in a municipality; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 14.17.140(a) is amended to read: 06 (a) To determine the amount of local effort under AS 14.17.025 and to aid the 07 department and the legislature in planning, the Department of Community and 08 Regional Affairs, in consultation with the assessor for each district, shall determine the 09 full value of the taxable real and personal property in each city or borough district. 10 If there is no local assessor or current local assessment for a district, then the 11 Department of Community and Regional Affairs shall make the determination of full 12 value from information available. In making the determination, the Department of 13 Community and Regional Affairs shall be guided by AS 29.45.110. However, the 14 value of property exempted under AS 29.45.050(i) up to $150,000 may not be
01 included in the determination. The determination of full value shall be made by 02 October 1 and sent by certified mail, return receipt requested, on or before that date 03 to the president of the school board in each district. Duplicate copies shall be sent to 04 the commissioner. The governing body of a borough or city that is a school district 05 may obtain judicial review of the determination. The superior court may modify the 06 determination of the Department of Community and Regional Affairs only upon a 07 finding of abuse of discretion or upon a finding that there is no substantial evidence 08 to support the determination. 09 * Sec. 2. AS 29.45.030(e) is amended to read: 10 (e) The real property owned and occupied as the primary residence and 11 permanent place of abode by a (1) resident 65 years of age or older; (2) disabled 12 veteran; [OR] (3) resident at least 60 years old who is the widow or widower of a 13 person who qualified for an exemption under (1) [OR (2)] of this subsection; or (4) 14 resident at least 60 years old who is the widow or widower of a person who 15 qualified for an exemption under (2) of this subsection, is exempt from taxation. 16 The exemption for an individual who qualifies under (1) or (3) of this subsection 17 is limited to the first $75,000 of the assessed value of the real property. The 18 exemption for an individual who qualifies under (2) or (4) of this subsection is 19 limited to [ON] the first $150,000 of the assessed value of the real property. A 20 municipality may, in case of hardship and in accordance with regulations of the 21 department, provide for exemption [BEYOND THE FIRST $150,000] of assessed 22 value beyond the limits set in this subsection [IN ACCORDANCE WITH 23 REGULATIONS OF THE DEPARTMENT]. Only one exemption may be granted for 24 the same property and, if two or more persons are eligible for an exemption for the 25 same property, the parties shall decide between or among themselves who is to receive 26 the benefit of the exemption. Real property may not be exempted under this 27 subsection if the assessor determines, after notice and hearing to the parties, that the 28 property was conveyed to the applicant primarily for the purpose of obtaining the 29 exemption. The determination of the assessor may be appealed under AS 44.62.560 - 30 44.62.570. 31 * Sec. 3. AS 29.45.050(i) is amended to read:
01 (i) A municipality may by ordinance [APPROVED BY THE VOTERS] 02 exempt from taxation the assessed value of real property that exceeds the limits set 03 under AS 29.45.030(e) if the [$150,000 OF REAL] property is owned by an 04 individual who qualifies for an exemption under AS 29.45.030(e) [AND 05 OCCUPIED AS A PERMANENT PLACE OF ABODE BY A RESIDENT WHO IS 06 (1) 65 YEARS OF AGE OR OLDER; 07 (2) A DISABLED VETERAN, INCLUDING A PERSON WHO WAS 08 DISABLED IN THE LINE OF DUTY WHILE SERVING IN THE ALASKA 09 TERRITORIAL GUARD; OR 10 (3) AT LEAST 60 YEARS OLD AND A WIDOW OR WIDOWER 11 OF A PERSON WHO QUALIFIED FOR AN EXEMPTION UNDER (1) OR (2) OF 12 THIS SUBSECTION]. 13 * Sec. 4. This Act takes effect January 1, 1996.