00                  SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 90                                                               
01 "An Act relating to municipal property tax exemptions on residences of certain seniors                                  
02 and others; and providing for an effective date."                                                                       
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 29.45.030(e) is amended to read:                                                                   
05            (e)  The real property owned and occupied as the primary residence and                                       
06       permanent place of abode by a resident who is [(1)] 65 years of age or older, [; (2)] a                       
07       disabled veteran, [;] or [(3)] at least 60 years of age and the widow or widower of a                         
08       person who was 65 years of age or older or a disabled veteran and who qualified                               
09       for an exemption under [(1) OR (2) OF] this subsection is (1) exempt from taxation on                         
10       the first $150,000 of the assessed value of the real property; or (2), if the resident's                      
11       gross household income does not exceed 200 percent of the most recent federal                                 
12       poverty guidelines for Alaska set by the United States Department of Health and                               
13       Human Services and revised under 42 U.S.C. 9902(2), exempt from taxation on                                   
14       the first $200,000 of the assessed value of the real property. A municipality may by                          
01       ordinance approved by the voters grant an [THE] exemption under this subsection to a                      
02       person who is [THE WIDOW OR WIDOWER] under 60 years of age and the widow                                  
03       or widower of a person who qualified for an exemption under [(2) OF] this                                     
04       subsection. A municipality may, in case of hardship, provide for exemptions                                   
05       [EXEMPTION] beyond those provided under this subsection [THE FIRST                                            
06       $150,000 OF ASSESSED VALUE] in accordance with regulations of the department.                                     
07       Only one exemption may be granted for the same property, and, if two or more                                      
08       persons are eligible for an exemption for the same property, the parties shall decide                             
09       between or among themselves who is to receive the benefit of the exemption. Real                                  
10       property may not be exempted under this subsection if the assessor determines, after                              
11       notice and hearing to the parties, that the property was conveyed to the applicant                                
12       primarily for the purpose of obtaining the exemption. The determination of the                                    
13       assessor may be appealed under AS 44.62.560 - 44.62.570.                                                          
14    * Sec. 2. AS 29.45.050(i) is amended to read:                                                                      
15            (i)  A municipality may by ordinance approved by the voters exempt from                                      
16       taxation the assessed value that exceeds                                                                          
17                 (1)  $150,000 of real property owned and occupied as a permanent                                    
18       place of abode by a resident who is                                                                               
19                      (A) [(1)]  65 years of age or older;                                                           
20                      (B) [(2)]  a disabled veteran, including a person who was                                      
21            disabled in the line of duty while serving in the Alaska Territorial Guard; or                               
22                      (C) [(3)]  at least 60 years of age [OLD] and a widow or                                   
23            widower of a person who qualified for an exemption under (A) [(1)] or (B)                            
24            [(2)] of this paragraph; or                                                                              
25                 (2)  $200,000 of real property owned and occupied as a permanent                                    
26       place of abode by a resident whose gross household income does not exceed 200                                 
27       percent of the most recent federal poverty guidelines for Alaska set by the United                            
28       States Department of Health and Human Services and revised under 42 U.S.C.                                    
29       9902(2) and who is qualified for an exemption under (1) of this subsection.                                   
30    * Sec. 3. This Act takes effect January 1, 2012.