HomeMy WebLinkAboutBIL 018 Draft 01 2020-2022 FC-3 February 2,2021
ORDER OF RESOLUTIONS
BILLS FOR ORDINANCES
Bill 18: AMENDS CHAPTER 19, ARTICLE 11, SECTION 19-90 OF THE HAWAII
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO
ESTABLISHING A REAL PROPERTY TAX CREDIT FOR PROPERTIES
CLASSIFIED AS RESIDENTIAL TIER TWO PROPERTIES
Provides for a limited tax credit to be applied on a one-to-one ratio for each dollar
contributed to qualifying nonprofit organizations or County-sponsored homelessness
initiatives.
Reference: Comm. 86
Intr. by: Mr. Chung
POSTPONED TO THE CALL OF THE CHAIR:
Ayes: Committee Members Chung, David, Inaba,
Kierkiewicz, Kimball, Lee Loy, Richards, Villegas,
and Chair Kaneali`i-Kleinfelder—9.
Noes: None.
Absent: None.
Excused: None.
ADJOURNMENT—2:53 p.m.
Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed
to introduce legislation "By Request" on behalf of the requesting party. It does not necessarily signify
support of or opposition to the proposal.
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V OF
COUNTY OF HAWAIJ STATE OF HAWAIJ
BILL NO. 18
SECTION 1. Purpose. The purpose of this. ordinance is to establish areal property tax
credit for properties classified as residential tier two properties. A property owner of a
residential tier two property who generously contributes their resources to a nonprofit
organization that services Hawaii Island or towards a County -sponsored homelessness initiative
should be eligible for tax relief in recognition of their contribution and to encourage their
continued support for the residents of Hawaii Island.
SECTION 2. Chapter 19, article 11, section 19-90 of the Hawaii County Code 1983
(2016 Edition, as amended), is amended by amending subsection (f) to read as follows:
"(f) Residential tax rate tiers.
(1) Notwithstanding any provision to the contrary, the council shall establish a
separate tax rate each for the residential tier one property and residential tier
two property, as defined below. The tax rates shall be applied as follows:
(A) The tax rate established for the residential tier one property shall be
applied to the net taxable real property value under $2,000,000.
(13) The tax rate established for the residential tier two property shall be
applied to the net taxable real property value of $2,000,000 or more.
(2) For the purposes of this section, "residential tier one property" shall mean all
property, or portions thereof, other than a residential tier two property,
within the residential class. "Residential tier two property" shall mean a
property, or portion thereof, which:
(A) Is improved with one or more dwelling units, has a net taxable real
property value of $2,000,000 or more, does not have a home
exemption, and is classified as residential in consideration of the
highest and best use of the land;
(13) Is vacant land that has a net taxable real property value of $2,000,000
or more, and is classified as residential in consideration of the highest
and best use of the land; or
(C) Is a condominium property regime that has a net taxable real property
value of $2,000,000 or more, does not have a home exemption, and is
classified as residential in consideration of the highest and best use of
the land.
(3) The respective tax rate to be applied to any property within the residential
class shall be applied only to the portion used exclusively as residential,
provided the highest and best use of the land is residential.
(4) A property owner whose property is classified as a residential tier two
Property shall be entitled to a real property tax credit for: (1) contributing to
qualifying 501(c)(3) nonprofit organizations that provide services to the
County; or (2) contributing towards County -sponsored homelessness
initiatives. The real property tax credit shall be applied on a 1:1 ratio for
each dollar contributed to a qualifying 501(c)(3) nonprofit organization or a
County -sponsored homelessness initiative, subject to the approval of the
director; provided that the real property tax credit shall not reduce the real
property tax on the applicable property to an amount that would be less than
the tax that would be levied under the prevailing residential rate.
(5) For purposes of this subsection, a qualifying 501(c)(3) nonprofit
organization shall meet the following criteria:
(A) Is chartered or otherwise authorized to do business in the State of
Hawaii for charitable purposes and exempted from Federal income tax
by the Internal Revenue Service,
(B) Provides programs and services beneficial to the people of the County
of Hawai'i,
(C) Has a governing board whose members serve without compensation
and have no conflict of interest between their regular occupations and
the services provided by the nonprofit organization;
(D) Has bylaws or policies which describe the manner in which business is
conducted, including management, audit, fiscal policies and
procedures, and policies on nepotism and conflict of interest,
(E) Has at least one year of experience with the service or activity to
which the appropriation is sought or can otherwise demonstrate to the
satisfaction of the County sufficient expertise to successfully carry out
the service or activity; and
(F) The nonprofit organization must be licensed and accredited in
accordance with applicable requirements of Federal, State and County
laws.
(6) A property owner seeking the real property tax credit for property classified
as residential tier two property must present evidence of the contributions
made to 501(c)(3) nonprofit organizations or County -sponsored
homelessness initiatives to the satisfaction of the director. A request for a
real property tax credit shall be made on a form as prescribed by the director
and shall include at a minimum the tax map key of the subject parcel and
documentation of the contributions made within the applicable tax year, and
shall be submitted no later than September 30 preceding the tax year i
which the credit would be provided."
SECTION 3. New material is underscored. In printing this ordinance, the underscoring
need not be included.
SECTION 4. Severability. If any provision of this ordinance., or the application thereof
to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 5. This ordinance shall take effect on July 1, 2021.
Hawai `i
Date of Introduction:
Date of Pt Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 86
INTRODUCED BY:
COUNCIL MEMBER, C LINTY OF HAWAII
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