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BIL 043 Draft 01 2022-2024
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BIL 043 Draft 01 2022-2024
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Last modified
5/8/2023 1:07:59 PM
Creation date
4/6/2023 9:55:38 AM
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Template:
Bill/Resolution
Bill/Resolution - Type
BIL
Bill/Resolution - Council Term
2022-2024
Bill/Resolution
043
Draft
01
Introducer
Heather Kimball, Council Member and Michelle Galimba, Council Member
Referred To
FC
Action 1
FC-48: Recommended passage on first reading - 4/18/23.
Action 2
Council: Bill 43 amended to Draft 2 - 05/03/23
Document Relationships
AGE COUNCIL 2023-05-03 2022-2024
(Related To)
Path:
\Council Records\Agendas\2022-2024\Council
AGE FC 2023/04/18 (2022-2024)
(Related)
Path:
\Council Records\Agendas\2022-2024\Finance Committee (FC)
COM 0217.000 2022-2024
(Related)
Path:
\Council Records\Communications\2022-2024
REP FC 048 2023/04/18 2022-2024
(Related)
Path:
\Council Records\Reports\2022-2024\Finance Committee (FC)
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(1) In determining the value of lands which are classified and used for short-term <br /> commercial agriculture use, consideration shall be given to rent, productivity, nature <br /> of actual commercial agricultural use, the advantage or disadvantage of factors such <br /> as location, accessibility, transportation facilities, size, shape, topography, water <br /> privileges, availability of water and its cost, easements and appurtenances, and to the <br /> opinions of persons who may be considered to have special knowledge of land values. <br /> (2) The five general agricultural categories in section 19-60 (c)(2) shall be used in <br /> determining the value of lands which are dedicated for short-term commercial <br /> agriculture use. <br /> (3) Lands classified as tree farm property pursuant to chapter 186, Hawai`i Revised <br /> Statutes, shall be considered for classification and valuation as agricultural. <br /> (4) The portion of land that is not dedicated for short-term commercial agriculture use <br /> shall be assessed based on the proportional market value of the total property. <br /> (5) A farm dwelling site shall be assessed at the highest commercial agricultural use <br /> value,provided that the maximum farm dwelling site area to be assessed at the <br /> highest commercial agriculture use value shall not exceed one-fourth acre. <br /> (6) Lands dedicated for short-term commercial agricultural use shall be assessed at three <br /> times the value as lands dedicated for long-term commercial agricultural use. <br /> (c) Short-term commercial agricultural use dedication petition. <br /> (1) If any owner desires to dedicate the owner's land for a short-term commercial <br /> agricultural use and to have the land taxed at its assessed value in this use, the owner <br /> shall so petition the director of finance and declare in the petition that the land can <br /> best be used for the purpose for which the owner requests permission and that if the <br /> petition is approved the land will be used for this purpose. The director shall require <br /> evidence of short-term commercial agricultural use in such form and at such times as <br /> provided for in the administrative rules and regulations of the department. <br /> (2) The director shall prescribe the form of the petition that shall include: <br /> (A) A farm plan; <br /> (B) Documentation of organic certification from the U.S. Department of <br /> Agriculture; <br /> (C) A plan from the U.S. Department of Agriculture,Natural Resources <br /> Conservation Service; <br /> (D) Documentation of food safety certification from the U.S. Department of <br /> Agriculture; or <br /> (E) Receipts demonstrating an investment of a minimum of$2,000 in farm <br /> equipment for use on the subject property. <br /> (3) The petition shall be filed with the director of finance by September 1 of any calendar <br /> year and shall be approved or disapproved by December 15. If approved, dedication <br /> shall be effective on July 1 of the following tax year. <br /> (4) The petition for short-term commercial agricultural use dedication must be signed by <br /> all owners of the land being dedicated. <br /> (5) Action by director on petition. <br /> (A) Upon receipt of a petition as provided above, the director shall make a finding of <br /> fact as to whether the land in the petition area is reasonably well suited for the <br /> intended use. The finding shall include and be based upon the productivity <br /> ratings of the land in those uses for which it is best suited, a study of the <br /> 8 <br />
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