HomeMy WebLinkAboutBIL 186 Draft 01 2020-2022 •�;If off\1 ...
COUNTY OF HAWAII •' `' � •'- STATE OF HAWAII
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BILL NO. 186
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 19,ARTICLE 10, SECTION 19-89.5 OF THE
HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED), RELATING TO
REAL PROPERTY TAX EXEMPTIONS FOR KULEANA LANDS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. Section 19-89.5, of the Hawai`i County Code,provides that
portions of kuleana lands in residential use, agricultural use, or that are vacant,may qualify for
minimum real property tax rates set forth in subsection 19-90(e). To qualify for this exemption,
an applicant must own the kuleana lands in whole or part and be a descendant who is related by
blood or legal adoption to the person who received the original title to the subject kuleana land.
Consequently, to verify ownership, applicants must submit either genealogy verification from the
Office of Hawaiian Affairs or a court order stating that the applicant is a descendant of the
person(s) that received the original title to the kuleana land. As persons who received genealogy
verification or court order pass away, it has become increasingly impracticable for family
members descended from them by blood or legal adoption to obtain their own genealogy
verification or court orders demonstrating their relation to the original title holders of kuleana
land for purposes of this real property tax exemption.
Therefore, for the limited purpose of establishing eligibility for this kuleana land
exemption,this ordinance amends Section 19-89.5 to include a verification process to continue
eligibility for kuleana exemption applications previously granted.
SECTION 2. Chapter 19, article 10, section 19-89.5, of the Hawai`i County Code 1983
(2016 Edition, as amended) is amended to read as follows:
"Section 19-89.5. Kuleana land exemption.
(a) For the purposes of this section, "kuleana land"means those lands granted to native tenants
pursuant to L. 1850,p. 202, entitled"An Act Confirming Certain Resolutions of the King
and Privy Council, Passed on the 21st Day of December, A.D. 1849, Granting to the
Common People Allodial Titles for Their Own Lands and House Lots, and Certain Other
Privileges," as amended by L. 1851, p.98, entitled"An Act to Amend an Act Granting to the
Common People Allodial Titles for Their Own Lands and House Lots, and Certain Other
Privileges" and as further amended by subsequent legislation.
(b) Those portions of real property in residential use, agricultural use or vacant land and
designated as kuleana land, shall pay the minimum real property tax set forth in subsection
19-90(e) as long as the real property is owned in whole or in part by [a]_
(1) A lineal descendant of the person(s)that received the original title to the kuleana land;.
or
(2) An applicant who seeks the kuleana land exemption who is a family member of the
person(s)who received the original title to the kuleana land where such original title
holder was previously granted a kuleana exemption for the subject property.
Residential use shall not include vacation rental use.
(c) [An application] The initial and subsequent applications for this exemption shall be filed
with the director on forms prescribed by the director. The application shall include
documents verifying ownership of the portion of the parcel and that the condition set forth in
subsection(b)has been satisfied. Verification of the condition set forth in subsection(b)
shall be satisfied by [either gcncalogy]..
(1) Genealogy verification by the Office of Hawaiian Affairs [or by]i
(2) By court order stating that the applicant is a lineal descendant of the person(s) that
received the original title to the kuleana land[.-]; or
(3) Documentation demonstrating that the applicant is a family member of the person(s)
who received the original title to the kuleana land where such original title holder was
previously granted a kuleana exemption for the subject property pursuant to this
section.
The applicant/landowner shall be responsible for all costs.
(d) As used in this section, "family member"means a person who is related by blood or legal
adoption to a person who previously received a kuleana exemption for the subject property,
and is: a child; descendant of a child; sibling; or a descendant of a sibling. Someone who is
considered to be hanai or a corporation, limited liability company,partnership, or other
business entities shall not be considered"family member,"for purposes of this section."
SECTION 3. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance,the brackets, bracketed and stricken material, and
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, the invalidity does 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 severable.
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SECTION 5. This ordinance shall take effect on January 1, 2023.
INTRODUCED BY!
COUNCIL MEMBER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 858
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