CSSB 267(CRA): "An Act relating to the mandatory exemption from taxation of real property used as the primary residence of the widow or widower of a resident 65 years of age or older and the widow or widower of a disabled veteran, to eligibility for tax equivalency payments for a widow or widower of a resident 65 years of age or older and for a widow or widower of a disabled veteran, and to tax exemptions that may be optionally allowed by municipalities to those widows and widowers."
00 CS FOR SENATE BILL NO. 267(CRA) 01 "An Act relating to the mandatory exemption from taxation of real property used as the 02 primary residence of the widow or widower of a resident 65 years of age or older and the 03 widow or widower of a disabled veteran, to eligibility for tax equivalency payments for a 04 widow or widower of a resident 65 years of age or older and for a widow or widower of a 05 disabled veteran, and to tax exemptions that may be optionally allowed by 06 municipalities to those widows and widowers." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 29.45.030(e) is amended to read: 09 (e) The real property owned and occupied as the primary residence and 10 permanent place of abode by a (1) resident 65 years of age or older; (2) disabled 11 veteran; or (3) resident [AT LEAST 60 YEARS OLD] who is the widow or widower 12 of a person who qualified for an exemption under (1) or (2) of this subsection and has 13 not remarried, is exempt from taxation on the first $150,000 of the assessed value of
01 the real property. However, a municipality that levied a tax on real property 02 before January 1, 2005, may by ordinance, instead of providing the exemption in 03 (3) of this subsection, exempt a widow or widower of a person who qualified for 04 an exemption under (1) or (2) of this subsection and who is at least 60 years of 05 age, regardless of whether that individual has remarried. A municipality may, in 06 case of hardship, provide for exemption beyond the first $150,000 of assessed value in 07 accordance with regulations of the department. Only one exemption may be granted 08 for the same property and, if two or more persons are eligible for an exemption for the 09 same property, the parties shall decide between or among themselves who is to receive 10 the benefit of the exemption. Real property may not be exempted under this 11 subsection if the assessor determines, after notice and hearing to the parties, that the 12 property was conveyed to the applicant primarily for the purpose of obtaining the 13 exemption. The determination of the assessor may be appealed under AS 44.62.560 - 14 44.62.570. 15 * Sec. 2. AS 29.45.040(a) is amended to read: 16 (a) A resident of the state who rents a permanent place of abode is eligible for 17 a tax equivalency payment from the state through the department if the resident is [:] 18 (1) [AT LEAST] 65 years of age or older [OLD]; 19 (2) a disabled veteran; or 20 (3) [AT LEAST 60 YEARS OLD AND] the widow or widower of a 21 person who was eligible for payment under (1) or (2) of this subsection and has not 22 remarried. 23 * Sec. 3. AS 29.45.040 is amended by adding a new subsection to read: 24 (g) Notwithstanding (a)(3) of this section, a widow or widower of a person 25 who qualified for a payment under (a)(1) or (2) of this section is eligible for a tax 26 equivalency payment under this section if the widow or widower 27 (1) is at least 60 years of age; and 28 (2) resides in a municipality that levied a tax on real property before 29 January 1, 2005, and that has elected under AS 29.45.030(e) to exempt from property 30 tax the real property owned and occupied as the primary residence and permanent 31 place of abode of a widow or widower of a person who qualified for an exemption
01 under AS 29.45.030(e)(1) or (2) and who is at least 60 years of age, regardless of 02 whether that individual has remarried. 03 * Sec. 4. AS 29.45.050(i) is amended to read: 04 (i) A municipality may by ordinance approved by the voters exempt from 05 taxation the assessed value that exceeds $150,000 of real property owned and 06 occupied as a permanent place of abode by a resident who is 07 (1) 65 years of age or older; 08 (2) a disabled veteran, including a person who was disabled in the line 09 of duty while serving in the Alaska Territorial Guard; [OR] 10 (3) [AT LEAST 60 YEARS OLD AND] a widow or widower of a 11 person who qualified for an exemption under (1) or (2) of this subsection and has not 12 remarried; or 13 (4) a widow or widower of a person who qualified for an 14 exemption under (1) or (2) of this subsection, who is at least 60 years of age, 15 regardless of whether that individual has remarried, and who is entitled to the 16 $150,000 exemption under AS 29.45.030(e) and municipal law.