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Hawai`i County Charter Commission -10 April 25, 2019 <br />that and my thing with a few cattle here and there for hiding, for quote, I won't <br />say evading, what is the proper word, it is not tax evasion, avoid... for avoiding <br />taxes... <br />MS. MIURA: Mmm-hmm, right. <br />MR. HOPKINS: Which these farmers do, which I quote, I don't call them <br />farmers... <br />MS. MIURA: Right. <br />MR. HOPKINS: I want to support the real farmers like Ms. Galimba over here. <br />MS. MIURA: Correct. <br />MR. HOPKINS: I want to support them. I don't like what we have seen has <br />happened in Hamakua, where basically our land has been pulled off and we have <br />a few people that are really farming, but most of it is really sitting idle. Okay. <br />MS. MIURA: Thank you. We agree and it is the loopholes that everybody wants <br />to close so that we can make it more advantageous for farmers. I am just not sure <br />it is good to handle it in the min tax. It is two separate issues. <br />MR. HOPKINS: Okay. Thank you, very much for your comments. <br />CHR. ADAMS: Are there any other questions? <br />Commissioner Todd. <br />MS. TODD: Well, actually I think the problem that I have with this proposal is <br />not so much a question as an interpretation of the State Constitution and the State <br />of Hawai`i Revised Statutes. Under the Constitution, the taxing power is reserved <br />to the Counties when it comes to real property taxes and that is Article 8, Section <br />3, where it is reserved entirely to the Counties. However under HRS, when it <br />talks about setting up a Charter, HRS Section 46-1.5 under the General Powers <br />and Limitations of the Counties, and this is where the power to set up the Charter <br />is, it is in the HRS and basically it talks about a Charter. Under 46-1.5, subsection <br />1, "Each County shall have the power to frame and adopt a Charter for its own <br />self-government that shall establish the County Executive, Administrative, and <br />Legislative structure and organization. Including but not limited to the method of <br />appointment or election of officials, their duties, responsibilities, compensation, <br />and terms of their office." <br />Further down in that subsection 46-1.5, subsection 25, it talks about the Mayor by <br />Executive Order, may exempt certain entities from property taxes, water, sewer <br />development etc. etc. Provided that a County may enact ordinances to regulate <br />Page 36 <br />