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~v,w Harry Kim c~ ~ William Taltaba Mayor Direcmr Nancy E. Crawford . • Deputy Director •~O! M• County of Hawaii Finance Department 25 Aupuni Street, Room 118 • Hilo, Hawaii 96720 r.. , (808) 961-8234 • Faz (808) 961-8248 - c August 24, 2007 rv- Pete Hoffmann, Chairman and Members of the Hawaii County Council Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Re: BILL No. 150, Draft 2 We request that you replace Bill No. 150 with the enclosed Draft 2 of this same bill. Bill No. 150 amends Chapter 32 Articles 2, 5, and 6 of the Hawaii County Code 1983 (2005 Edition, amended), relating to Community Facilities Districts. The purpose of this measure is to amend Chapter 32 of the Hawaii County Code regarding required appraisals of properties within community facilities districts established pursuant to such chapter and to clarify the applicability of special taxes under such chapter to certain leasehold and other possessory interests. However, when it was originally submitted, the first sentence in the paragraph under section 32-54(a) contained references to fee title interest, which should have been placed in the second sentence. Draft 2 of Bill No. 150 corrects this clerical error. For information purposes, a ramseyer version of the draft 2 changes of section 32-54(a), (deleted text is bracketed with strikethrough and added text is underlined) is as follows: If a public body owning property, including property held in trust for any beneficiary, which is exempt from a special tax pursuant to section 32-53, directly or indirectly grants a leasehold or other possessory interest in the property to a nonexempt person or entity, the special tax shall, notwithstanding section 32-32 or 32-53 or any other provision of this chapter, be levied and constitute a lien on ]the leasehold or possessory interest and shall be payable by [ ' the owner of the leasehold or possessory interest In addition, in the case of property owned by a person or entity other than a public body, if such person or entity directly or indirectly grants a leasehold or other possessory interest in the property to a nonexempt person or entity, the applicable ordinance of formation, ordinance of consideration or ordinance of annexation may provide, notwithstanding section 32-32 or 32- 53 or any other provision of this chapter, that the special tax shall be levied and constitute a lien on either the fee title interest or the leasehold or other possessory interest in such property and shall be payable by either the owner of the fee title interest or the owner of the leasehold or possessory interest, as is specified in the applicable ordinance. r1 `~tt~ Ig 0~ .O r, eZ~ Comm. No. S a 1. L- Hawai'i County is an Equal Opportunity Provider and Employer Ref. TOs CO Ul {1 G'. Ref. Date AUG 2 7 2007