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BIL 043 Draft 03 2022-2024
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BIL 043 Draft 03 2022-2024
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Last modified
7/10/2023 4:10:22 PM
Creation date
6/23/2023 4:03:51 PM
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Bill/Resolution
Bill/Resolution - Type
BIL
Bill/Resolution - Council Term
2022-2024
Bill/Resolution
043
Draft
03
Introducer
Heather Kimball, Council Member and Michelle Galimba, Council Member
Referred To
COUNCIL
Action 1
Council: Bill 43, Draft 3, passes first reading; adopts FC-48 - 06/21/23
Action 2
Council: Bill 43, Draft 3, amended to Draft 4 - 07/06/23
Reading Number
1
Reading Date
6/21/2023
Ayes
6-Evans, Galimba, Inaba, Kagiwada, Kimball, Villegas
Noes
0
Absent
3-Kaneali'i-Kleinfelder, Kierkiewicz, Lee Loy
Excused
0
Document Relationships
AGE COUNCIL 2023-07-06 2022-2024
(Related To)
Path:
\Council Records\Agendas\2022-2024\Council
COM 0217.008 2022-2024
(Related)
Path:
\Council Records\Communications\2022-2024
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(3) Lands classified as tree farm property pursuant to chapter 186, Hawaii Revised <br /> Statutes, shall be considered for classification and valuation as agricultural. <br /> (4) The portion of land that is not dedicated for long-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 /> (d) [C �] Long-term commercial agricultural use dedication petition. <br /> (1) If any owner desires to dedicate the owner's land for a long-term commercial <br /> agricultural use and to have the land taxed [as]at its assessed value in this use, the <br /> owner shall so petition the director of finance and declare in the petition that the land <br /> can best be used for the purpose for which the owner requests permission and that if <br /> the petition is approved the land will be used for this purpose. The director [may <br /> provided 1-he adIffifl-flistrative rule-. .] shall <br /> require an Internal Revenue Service schedule F (form 1040) or State department of <br /> taxation form G-49 from the previous tax year as evidence of long-term commercial <br /> agricultural use. <br /> (2) The director shall prescribe the form of the petition[..] that shall include at least one of <br /> the following: <br /> (A) A farm plan; <br /> (B) Documentation of organic certification from the U.S. Detaartment of <br /> Agriculture, <br /> (C)Aplan 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; <br /> (E) Receipts demonstrating an investment of a minimum of$10,000 in farm <br /> equipment, fertilizers, or soil amendments for use on the subject t property, or <br /> (F) Documentation of an agricultural conservation easement with a term of at least <br /> ten years,that has been recorded with the State of Hawaii Bureau of <br /> Conve.. a <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 long-term commercial agricultural use dedication must be signed by <br /> all owners of the land being dedicated. <br /> (5) A recorded lessee of the land with a term of five or more years remaining from the <br /> date of the petition and who is responsible for payment of the real property tax shall <br /> also be deemed an owner of the land within these provisions. <br /> (6) 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 /> ownership, size of operating unit, the present use of surrounding similar lands <br /> and other criteria as may be appropriate. <br /> 4 <br />
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