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V of
<br />COUNTY OF HAWAII STATE OF HAWAII
<br />,r�•or ON
<br />BILL NO. 44
<br />ORDINANCE NO.
<br />AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 10, SECTION 19-89, OF THE
<br />HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO
<br />EXEMPTIONS FOR CERTAIN HAWAIIAN HOMES PROPERTY, AND OTHER
<br />AGENCIES.
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<br />SECTION 1. Chapter 19, article 10, section 19-89, of the Hawaii County Code 1983
<br />(2016 Edition, as amended), is amended to read as follows:
<br />"Section 19-89. Exemptions for certain Hawaiian Homes property, and other
<br />agencies.
<br />Exemptions from real property taxes as set forth in chapter 53 [,] and chapter 183, [
<br />ehap#er- 234,1 Hawaii Revised Statutes, and in section 208 of the Hawaiian Homes Commission
<br />Act, and which were enacted prior to November 7, 1978, shall remain in effect and be
<br />recognized by this County in its administration of the real property tax system, provided, that all
<br />references to the director of taxation or the department of taxation shall now be deemed to refer
<br />to the designated representative of the mayor who shall also be subject to approval by the
<br />council. If State legislation is enacted allowing a public utility under section 239-5(a), Hawai`i
<br />Revised Statutes, to pay a tax to the County of at least 1.885% upon the gross income of the
<br />public utility's business within the County, effective July 1, 2001, then notwithstanding any
<br />provision to the contrary, the County exemption from real property taxes for a public utility
<br />under chapter 239, Hawaii Revised Statutes, as codified on August 1, 2000, shall be reinstated.
<br />If reinstated, this exemption [shall be eenstfued and applied ; eenjunetieft with seer o 239
<br />> as seetion 239 3,
<br />Hawai'i Revised Statutes, was eadified on Atigust
<br />2000; pr-avided that the oxow.,ptio,,] shall be limited to real property used by the public utility
<br />in its public utility business.
<br />As used within this section, "public utility" has the meaning ascribed to it in section 269-1,
<br />Hawaii Revised Statutes, except airlines, motor carriers, common carriers by water, and contract
<br />carriers subject to taxation under section 239-6, Hawai`i Revised Statutes. The County will
<br />accept such revenues in lieu of directly collecting real property taxes from those public utilities
<br />previously exempt from real property taxation under chapter 239. The County director of finance
<br />shall deposit all funds received in connection with said claim into the general fund. Hawaiian
<br />home lands, as defined in section 201, Hawaiian Homes Commission Act, 1920, as amended,
<br />real property, [exelusive] inclusive of buildings, leased and used as a homestead (houselots, farm
<br />lots, and pastoral lots), pursuant to section 207(a) and subject to the conditions of sections 208
<br />and 216 of the Hawaiian Homes Commission Act, 1920, shall be exempt from real property
<br />taxes, except for the minimum tax, and as provided for by this section. Disposition of Hawaiian
<br />
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