BIL 029 Draft 01 2000-2002 - Laserfiche WebLink

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COUNTY OF HAWAII STATE OF HAWAII BILL NO. 29 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 19 OF THE HAWAII COUNTY CODE 1983 (1995 EDITION), AS AMENDED, RELATING TO REAL PROPERTY TAXES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 19, article 10, section 19-89, of the Hawaii County Code 1983 (1995 edition), is amended to read as follows: Section 19-89. Exemptions for certain Hawaiian Homes property, and other agencies. Exemptions from real property taxes as set forth in chapter 53, chapter 183, and chapter 234, Hawaii Revised Statutes, and in section 208 of the Hawaiian Homes Commission Act, and which were enacted prior to November 7, 1978, shall remain m effect and be recognized by this County in its administration of the real property tax system, provided, that all references to the director of taxation or the department of taxation shall now be deemed to refer to the designated representative of the mayor who shall also be subject to approval by the council. [This County does not recognize the exemption from real property taxation specified in chapter 239, Hawaii Revised Statutes. However, for so long as the State of Hawaii continues to collect a Public Service Company tax under chapter 239 in excess of the State General Excise Tax under chapter 237, the County claims such excess portion of the Public Sernce Company tax revenues and] If State legislation is enacted allowing a public utility under Hawaii Revised Statutes chapter 239 to pay a tax to the County of at least 1.885% upon the oss income of the public utility's business within the County. effective July 1.2001. then notwithstanding any provision to the contrary. the County exemption from real property taxes for a public utility under Hawaii Revised Statutes chapter 239, as codified on August 1, 2000, shall be reinstated. If reinstated, this exemption shall be construed and applied in conjunction with Hawaii Revised Statutes & 239-3, as Hawaii Revised Statutes b 239-3 was codified on August 1, 2000: provided that the exemption shall be limited to real prop used b~ public utility in its public utility business. As used within this section. "public utility" has the meaning ascribed to it in Hawaii Revised Statutes & 269-1, except airlines, motor carriers. common carriers by water, and contract carriers subject to taxation under Hawaii Revised Statutes & 239-6. The County will accept such revenues in lieu of directly collecting real property taxes -1-