00 SENATE CS FOR HOUSE BILL NO. 272(FIN)                                                                                 
01 "An Act relating to the tax assessment by a home rule or general law                                                    
02 municipality of housing that qualifies for the low-income housing credit under the                                      
03 Internal Revenue Code; and providing for an effective date."                                                            
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
05    * Section 1.  AS 29.45.110 is amended by adding a new subsection to read:                                          
06  (d)  The provisions of this subsection apply to determine the full and true value                                     
07 of property that qualifies for a low-income housing credit under 26 U.S.C. 42:                                          
08   (1)  the full and true value of all property within the municipality that                                            
09 qualifies for a low-income housing credit under 26 U.S.C. 42 may be determined under                                    
10 (a) of this section or under (2) of this subsection;                                                                    
11   (2)  if, under (3)(A) of this subsection, the governing body determines                                              
12 by ordinance that the provisions of (a) of this section do not apply to determine the                                   
13 full and true value of property that qualifies for a low-income housing credit under 26                                 
14 U.S.C. 42, instead of assessing the property under (a) of this section, the assessor shall                              
01 base assessment of the value of the property on the actual income derived from the                                      
02 property at full occupancy and may not adjust it based on the amount of any federal                                     
03 income tax credit given for the property; for property the full and true value of which                                 
04 is to be determined under this paragraph, to secure an assessment under this paragraph,                                 
05 an owner of property that qualifies for the low-income housing credit shall apply to                                    
06 the assessor before May 15 of each year in which the assessment is desired; the                                         
07 property owner shall submit the application on forms prescribed by the assessor and                                     
08 shall include information that may reasonably be required to determine the entitlement                                  
09 of the applicant;                                                                                                       
10   (3)  for property that qualifies for a low-income housing credit under                                               
11 26 U.S.C. 42, the governing body                                                                                        
12   (A)  may determine, by parcel, whether the property shall be                                                        
13 assessed under (a) of this section or on the basis of actual income derived from                                        
14 the property at full occupancy without adjustment based on the amount of any                                            
15 federal income tax credit given for the property, as authorized by (2) of this                                          
16 subsection; and                                                                                                         
17   (B)  may not, under (A) of this paragraph, change the manner                                                        
18 of assessment of the parcel of property if debt related to the property incurred                                        
19 in conjunction with the property's qualifying for the low-income housing tax                                            
20 credit remains outstanding.                                                                                             
21    * Sec. 2.  The uncodified law of the State of Alaska is amended by adding a new section                            
22 to read:                                                                                                                
23  RETROACTIVITY.  (a)  Section 1 of this Act is retroactive to January 1, 2000, and                                      
24 applies to property that qualifies for a low-income tax credit under 26 U.S.C. 42 for the                               
25 assessment year that begins January 1, 2000.                                                                            
26  (b)  In a municipality in which a municipality determines that the provisions of                                       
27 AS 29.45.110(d)(2), added by sec. 1 of this Act, apply during the assessment year beginning                             
28 January 1, 2000, the municipality may, notwithstanding the applicable deadline set in that                              
29 paragraph, set a different application deadline that is later than May 15, 2000.                                        
30    * Sec. 3.  This Act takes effect immediately under AS 01.10.070(c).