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HB 334: "An Act relating to an exemption from and deferral of municipal property taxes for certain types of deteriorated property."

00 HOUSE BILL NO. 334 01 "An Act relating to an exemption from and deferral of municipal property taxes for 02 certain types of deteriorated property." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 29.45.050(o) is amended to read: 05 (o) A municipality may by ordinance partially or totally exempt all or some 06 types of deteriorated property from taxation for up to 10 years beginning on or any 07 time after the day substantial rehabilitation, renovation, demolition, removal, or 08 replacement of any structure on the property begins. A municipality may by ordinance 09 permit deferral of payment of taxes on all or some types of deteriorated property for 10 up to five years beginning on or any time after the day substantial rehabilitation, 11 renovation, demolition, removal, or replacement of any structure on the property 12 begins. [HOWEVER, IF THE OWNERSHIP OF PROPERTY FOR WHICH A 13 DEFERRAL HAS BEEN GRANTED IS TRANSFERRED, ALL TAX PAYMENTS 14 DEFERRED UNDER THIS SUBSECTION ARE IMMEDIATELY DUE AND THE

01 DEFERRAL ENDS, OR, IF OWNERSHIP OF ANY PART OF THE PROPERTY IS 02 TRANSFERRED, ALL TAX PAYMENTS ARE IMMEDIATELY DUE.] The 03 amount deferred each year is a lien on that property for that year. However, tax 04 payments deferred under this subsection become due only when the ownership of 05 the property for which a deferral has been granted, or any portion of that 06 property, is transferred. On the date of the transfer, all deferred tax payments 07 are immediately due. Only one exemption and only one deferral may be granted to 08 the same property under this subsection, and, if an exemption and a deferral are 09 granted to the same property, both may not be in effect on the same portion of the 10 property during the same time. An ordinance adopted under this subsection must 11 include specific eligibility requirements and require a written application for each 12 exemption or deferral. An exemption or deferral may not be granted under this 13 subsection after July 1, 2010. In this subsection, "deteriorated property" means real 14 property that is commercial property not used for residential purposes or that is multi- 15 unit residential property with at least eight residential units, and that meets one of the 16 following requirements: 17 (1) within the last five years, has been the subject of an order by a 18 government agency requiring environmental remediation of the property or requiring 19 the property to be vacated, condemned, or demolished by reason of noncompliance 20 with laws, ordinances, or regulations; 21 (2) has a structure on it not less than 15 years of age that has 22 undergone substantial rehabilitation, renovation, demolition, removal, or replacement, 23 subject to any conditions prescribed in the ordinance; or 24 (3) is located in a deteriorating or deteriorated area with boundaries 25 that have been determined by the municipality. 26 * Sec. 2. Section 2, ch. 8, SLA 1999, as amended by sec. 1, ch. 102, SLA 2002, and by sec. 27 4, ch. 140, SLA 2004, is repealed.