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28th Legislature(2013-2014)

Bill Text 28th Legislature

00 Enrolled SB 73                                                                                                          
01 Relating to a municipal property tax exemption for real property that is the primary residence                          
02 of certain widows and widowers; and providing for an effective date.                                                    
03                           _______________                                                                               
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 person                            
08       who qualified for an exemption under (1) or (2) of this subsection is exempt from                                 
09       taxation on the first $150,000 of the assessed value of the real property. A                                      
10       municipality may by ordinance approved by the voters grant the exemption under this                               
11       subsection to the widow or widower under 60 years of age of a person who qualified                                
12       for an exemption under (2) of this subsection or to a resident who is the widow or                            
13       widower of a person who dies from a service-connected cause sustained while                                   
01       serving as a member of the United States armed forces or as a member of the                                   
02       National Guard. A municipality may, in case of hardship, provide for exemption                                
03       beyond the first $150,000 of assessed value in accordance with regulations of the                                 
04       department. Only one exemption may be granted for the same property, and, if two or                               
05       more persons are eligible for an exemption for the same property, the parties shall                               
06       decide between or among themselves who is to receive the benefit of the exemption.                                
07       Real property may not be exempted under this subsection if the assessor determines,                               
08       after notice and hearing to the parties, that the property was conveyed to the applicant                          
09       primarily for the purpose of obtaining the exemption. The determination of the                                    
10       assessor may be appealed under AS 44.62.560 - 44.62.570. A municipality shall                                 
11       determine the eligibility requirements and application procedure for an optional                              
12       exemption provided under this subsection. In this subsection, "widow or                                       
13       widower" means a person whose spouse has died and who has not remarried.                                      
14    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
15 read:                                                                                                                   
16       RETROACTIVITY. Section 1 of this Act is retroactive to January 1, 2013.                                           
17    * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).                                                 
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