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err ~ <br /> ~ •~s <br /> `d - may` <br /> <br /> COUNTY OF HAWAII STATE OF HAWAII <br /> gp <br /> ~h GF ah AY' <br /> BILL NO. 29 <br /> (Draft 2) <br /> ORDINANCE NO. <br /> AN ORDINANCE AMENDING CHAPTER 19 OF THE HAWAII COUNTY CODE 1983 <br /> (1995 EDITION), AS AMENDED, RELATING TO REAL PROPERTY TAXES. <br /> BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br /> SECTION 1. Chapter 19, article 10, section 19-89, of the Hawaii County Code 1983 <br /> (1995 edition), is amended to read as follows: <br /> Sectlon 19-89. Exemptions for certain Hawaiian Homes property, and other <br /> agencies. <br /> Exemptions from real property taxes as set forth in chapter 53, chapter 183, and <br /> chapter 234, Hawaii Revised Statutes, and in section 208 of the Hawaiian Homes <br /> Commission Act, and which were enacted prior to November 7, 1978, shall remain in <br /> effect and be recognized by this County in its administration of the real property tax <br /> system, provided, that all references to the director of taxation or the department of <br /> taxation shall now be deemed to refer to the designated representative of the mayor who <br /> shall also be subject to approval by the council. [This County does not recognize the <br /> exemption from real property taxation specified in chapter 239, Hawaii Revised <br /> Statutes. However, for so long as the State of Hawaii continues to collect a Public <br /> Service Company tax under chapter 239 in excess of the State General Excise Tax under <br /> chapter 237, the County claims such excess portion of the Public Service Company tax <br /> revenues and] If State le¢islation is enacted allowine a public utility under Hawaii <br /> Revised Statutes section 239-5(a) to pay a tax to the County of at least 1.885% upon the <br /> gross income of the public utility's business within the County. effective July 1, 2001, <br /> then notv~nthstanding any provision to the contrary. the County exemption from real <br /> properiv taxes for a public utility under Hawaii Revised Statutes chapter 239, as <br /> codified on August 1.2000, shall be reinstated. <br /> If reinstated, this exemption shall be construed and applied in conjunction with <br /> Hawaii Revised Statutes section 239-3, as Hawaii Revised Statutes section 239-3 was <br /> codified on August 1, 2000; provided that the exemption shall be limited to real property <br /> used by the public utility in its public utility business. <br /> As used within this section "public utility" has the meanin¢ ascribed to it in <br /> Hawaii Revised Statutes section 269-1, except airlines, motor carriers, common carriers <br /> by water and contract carriers subject to taxation under Hawaii Revised Statutes <br /> section 239-6. The County will accept such revenues in lieu of directly collecting real <br /> -1- <br /> r <br /> <br />