CSSB 102(CRA): "An Act relating to municipal property tax exemptions for certain residences, to property tax equivalency payments for certain residents, and to the determination of full and true value of taxable property in a municipality; and providing for an effective date."
00CS FOR SENATE BILL NO. 102(CRA) 01 "An Act relating to municipal property tax exemptions for certain residences, to 02 property tax equivalency payments for certain residents, and to the determination 03 of full and true value of taxable property in a municipality; and providing for 04 an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 14.17.140(a) is amended to read: 07 (a) To determine the amount of local effort under AS 14.17.025 and to aid the 08 department and the legislature in planning, the Department of Community and 09 Regional Affairs, in consultation with the assessor for each district, shall determine the 10 full value of the taxable real and personal property in each city or borough district. 11 If there is no local assessor or current local assessment for a district, then the 12 Department of Community and Regional Affairs shall make the determination of full 13 value from information available. In making the determination, the Department of 14 Community and Regional Affairs shall be guided by AS 29.45.110. However, the
01 value of property exempted under AS 29.45.052 may not be included in the 02 determination. The determination of full value shall be made by October 1 and sent 03 by certified mail, return receipt requested, on or before that date to the president of the 04 school board in each district. Duplicate copies shall be sent to the commissioner. The 05 governing body of a borough or city that is a school district may obtain judicial review 06 of the determination. The superior court may modify the determination of the 07 Department of Community and Regional Affairs only upon a finding of abuse of 08 discretion or upon a finding that there is no substantial evidence to support the 09 determination. 10 * Sec. 2. AS 29.45.030(e) is amended to read: 11 (e) The real property owned and occupied as the primary residence and 12 permanent place of abode by a resident who is (1) a [RESIDENT 65 YEARS OF 13 AGE OR OLDER; (2)] disabled veteran; or (2) [(3) RESIDENT] at least 60 years old 14 and [WHO IS] the widow or widower of a person who qualified for an exemption 15 under (1) [OR (2)] of this subsection, is exempt from taxation on the first $150,000 16 of the assessed value of the real property. A municipality may, in case of hardship, 17 provide for exemption beyond the first $150,000 of assessed value in accordance with 18 regulations of the department. Only one exemption may be granted for the same 19 property and, if two or more persons are eligible for an exemption for the same 20 property, the parties shall decide between or among themselves who is to receive the 21 benefit of the exemption. Real property may not be exempted under this subsection 22 if the assessor determines, after notice and hearing to the parties, that the property was 23 conveyed to the applicant primarily for the purpose of obtaining the exemption. The 24 determination of the assessor may be appealed under AS 44.62.560 - 44.62.570. 25 * Sec. 3. AS 29.45.040(a) is amended to read: 26 (a) A resident of the state who rents a permanent place of abode is eligible for 27 a tax equivalency payment from the state through the department if the resident is: 28 (1) [AT LEAST 65 YEARS OLD; 29 (2)] a disabled veteran; or 30 (2) [(3)] at least 60 years old and the widow or widower of a person 31 who was eligible for payment under (1) [OR (2)] of this subsection.
01 * Sec. 4. AS 29.45.040(d) is amended to read: 02 (d) If two or more persons occupy a residence as tenants, not all of whom are 03 eligible for a tax equivalency payment under this section, the assessor shall determine 04 equitable partial payments to be made to the eligible tenants. However, a tax 05 equivalency payment to an eligible applicant may not be reduced because the spouse 06 [IS LESS THAN 65 YEARS OF AGE OR] is not a disabled veteran. If all occupants 07 in a residence are eligible for a tax equivalency payment under this section, the 08 occupants shall decide between and among themselves who [WHICH] shall receive 09 payment. 10 * Sec. 5. AS 29.45.050(i) is amended to read: 11 (i) A municipality may by ordinance approved by the voters exempt from 12 taxation the assessed value that exceeds $150,000 of real property owned and occupied 13 as a permanent place of abode by a resident who is 14 (1) [65 YEARS OF AGE OR OLDER; 15 (2)] a disabled veteran, including a person who was disabled in the line 16 of duty while serving in the Alaska Territorial Guard; or 17 (2) [(3)] at least 60 years old and a widow or widower of a person who 18 qualified for an exemption under (1) [OR (2)] of this subsection. 19 * Sec. 6. AS 29.45 is amended by adding a new section to read: 20 Sec. 29.45.052. OPTIONAL EXEMPTION FOR CERTAIN PRIMARY 21 RESIDENCES. (a) The real property owned and occupied as the primary residence 22 and permanent place of abode by a resident who is (1) at least 65 years old; or (2) at 23 least 60 years old and the widow or widower of a person who qualified for an 24 exemption under (1) of this subsection, may by ordinance be exempted from taxation 25 on all or part of the assessed value of the real property. The ordinance may base the 26 exemption on hardship. Only one exemption may be granted for the same property, 27 and if two or more persons are eligible for an exemption for the same property, the 28 exemption may not be granted unless the parties decide between or among themselves 29 who is to receive the benefit of the exemption. Real property may not be exempted 30 under this subsection if the local assessor determines, after notice and hearing to the 31 parties, that the property was conveyed to the applicant primarily for the purpose of
01 obtaining the exemption. The determination of the assessor may be appealed to the 02 superior court under procedures set out in AS 44.62.560 - 44.62.570. 03 (b) In this section, "real property" includes mobile homes, whether classified 04 as real or personal property for municipal tax purposes. 05 * Sec. 7. This Act takes effect January 1, 1994.