HomeMy WebLinkAboutBIL 161 Draft 01 2022-2024
AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 11, SECTION 19-90 OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY TAXES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Chapter 19, article 11, section 19-90, of the Hawai‘i 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.
(B) 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;
(B) 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) No less than seventy-five percent of the revenue collected annually pursuant to this subsection, calculated as the difference in revenue from the residential tier one property
tax rate to the residential tier two property tax rate, shall be
appropriated each fiscal year to County-sponsored programs designed to address housing [and], homelessness[.], and mental health. This requirement shall not extend beyond June 30, 2027,
unless otherwise amended by ordinance.”
SECTION 2. 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 3. 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.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
_______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: