SB 102: "An Act relating to municipal property tax exemptions for certain residences and to property tax equivalency payments for certain residents; and providing for an effective date."
00SENATE BILL NO. 102 01 "An Act relating to municipal property tax exemptions for certain residences and 02 to property tax equivalency payments for certain residents; and providing for an 03 effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 29.45.030(h) is amended to read: 06 (h) Nothing [EXCEPT AS PROVIDED IN (g) OF THIS SECTION, 07 NOTHING] in [(e) - (j) OF] this section affects similar exemptions from property taxes 08 for a resident 65 years of age or older, a disabled veteran, or a resident at least 09 60 years of age who is the widow or widower of a person who is a resident age 10 65 or older or a disabled veteran granted by a municipality on September 10, 1972, 11 or prevents a municipality from granting similar exemptions by ordinance as provided 12 in AS 29.45.050 and AS 29.45.052. 13 * Sec. 2. AS 29.45.030(k) is amended to read: 14 (k) The department shall adopt regulations to implement the provisions of [(g)
01 AND] (j) of this section. 02 * Sec. 3. AS 29.45 is amended by adding a new section to read: 03 Sec. 29.45.052. OPTIONAL EXEMPTION FOR CERTAIN PRIMARY 04 RESIDENCES. (a) The real property owned and occupied as the primary residence 05 and permanent place of abode by a resident of the state who is (1) 65 years of age or 06 older; (2) a disabled veteran; or (3) at least 60 years old and who is the widow or 07 widower of a person who qualified for an exemption under (1) or (2) of this 08 subsection, may by ordinance be exempted from taxation on all or part of the assessed 09 value of the real property. The ordinance may base the exemption on hardship. Only 10 one exemption may be granted for the same property and, if two or more persons are 11 eligible for an exemption for the same property, and if two or more persons are 12 eligible for an exemption for the same property, the exemption may not be granted 13 unless the parties decide between or among themselves who is to receive the benefit 14 of the exemption. Real property may not be exempted under this subsection if the 15 local assessor determines, after notice and hearing to the parties, that the property was 16 conveyed to the applicant primarily for the purpose of obtaining the exemption. The 17 determination of the assessor may be appealed to the superior court under procedures 18 set out in AS 44.62.560 - 44.62.570. 19 (b) In this section, 20 (1) "disabled veteran" means a disabled person separated from the 21 military service of the United States under a condition that is not dishonorable, whose 22 disability was incurred or aggravated in the line of duty in the military service of the 23 United States, and whose disability has been rated as 50 percent or more by the branch 24 of service in which that person served or by the Veterans' Administration; 25 (2) "real property" includes mobile homes, whether classified as real 26 or personal property for municipal tax purposes. 27 * Sec. 4. AS 29.45.030(a)(6), 29.45.030(e), 29.45.030(f), 29.45.030(g), 29.45.030(i), 28 29.45.040, and 29.45.050(i) are repealed. 29 * Sec. 5. This Act is retroactive to January 1, 1993. 30 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).