SCS CSSSHB 13(CRA): "An Act relating to optional municipal property tax exemptions for certain long-term rental units, certain mobile home parks, real property rented to low-income families, real property owned and occupied as a permanent place of abode, and real property owned by first-time homebuyers; and relating to municipal tax refunds."
00 SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 13(CRA) 01 "An Act relating to optional municipal property tax exemptions for certain long-term 02 rental units, certain mobile home parks, real property rented to low-income families, 03 real property owned and occupied as a permanent place of abode, and real property 04 owned by first-time homebuyers; and relating to municipal tax refunds." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 29.45.050 is amended by adding new subsections to read: 07 (aa) A municipality may by ordinance exempt or partially exempt from 08 taxation a structure that contains a dwelling unit that was converted from use as a 09 short-term rental unit to exclusive use as a long-term rental unit. In this subsection, 10 (1) "dwelling unit" has the meaning given in AS 34.03.360; 11 (2) "long-term rental unit" means a dwelling unit offered for rent for 12 periods of not less than 31 consecutive days; 13 (3) "short-term rental unit" means a dwelling unit offered for rent for 14 periods of 30 consecutive days or less; "short-term rental unit" does not include a
01 (A) hotel, motel, or bed and breakfast; 02 (B) commercially operated hunting or wilderness camp; or 03 (C) dwelling unit operated by a government entity or charitable 04 organization that provides temporary housing to individuals or family members 05 of individuals who are being treated for trauma, injury, or disease. 06 (bb) A municipality may by ordinance exempt or partially exempt from 07 taxation a mobile home park for up to 10 years after the mobile home park is 08 constructed or renovated. 09 (cc) A municipality may by ordinance exempt or partially exempt from 10 taxation real property rented to a low-income family if the monthly rent charged to the 11 low-income family is not more than 30 percent of the family's income. In this 12 subsection, 13 (1) "family income" means the sum of the previous tax year's adjusted 14 gross incomes for each person in the family who earned income divided by 12; 15 (2) "low-income family" has the meaning given to "low-income 16 families" in 42 U.S.C. 1437a(b)(2)(A). 17 (dd) A municipality may by ordinance exempt or partially exempt from 18 taxation real property owned and occupied as a permanent place of abode by a resident 19 of the municipality. 20 (ee) A municipality may by ordinance exempt or partially exempt from 21 taxation residential real property owned and occupied by a first-time home buyer. 22 * Sec. 2. AS 29.45.500(a) is amended to read: 23 (a) If a taxpayer pays taxes under protest, the taxpayer may bring suit in the 24 superior court against the municipality for recovery of the taxes. If judgment for 25 recovery is given against the municipality, or, if in the absence of suit, it becomes 26 obvious to the governing body that judgment for recovery of the taxes would be 27 obtained if legal proceedings were brought, the municipality shall refund the amount 28 of the taxes to the taxpayer with interest [AT EIGHT PERCENT] from the date of 29 payment plus costs. The interest rate is three percentage points above the 12th 30 Federal Reserve District discount rate in effect on January 2 of the year of 31 payment.
01 * Sec. 3. AS 29.45.500(b) is amended to read: 02 (b) If, in payment of taxes legally imposed, a remittance by a taxpayer through 03 error or otherwise exceeds the amount due, and the municipality, on audit of the 04 account in question, is satisfied that this is the case, the municipality shall refund the 05 excess to the taxpayer [WITH INTEREST AT EIGHT PERCENT FROM THE DATE 06 OF PAYMENT]. A claim for refund filed one year after the due date of the tax is 07 forever barred.