HomeMy WebLinkAboutBIL 165 Draft 02 2016-2018 ;NtY OF yam._•
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COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 165
(DRAFT 2)
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 19,ARTICLE 10, OF THE HAWAII
COUNTY CODE 1983 (2016 EDITION,AS AMENDED), RELATING TO REAL
PROPERTY TAX EXEMPTIONS FOR DISABLED OR UNEMPLOYABLE
VETERANS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 19, article 10, section 19-73, of the Hawai`i CountyCode 1983
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(2016 Edition, as amended) is amended to read as follows:
"Section 19-73. Homes of[totally] disabled or unemployable veterans.
(a) Real Property owned and occupied as a home by any person who is [totally
disabled] 100 percent disabled or 100 percent unemployable, or both, due to
injuries received while on duty with the armed forces of the United States,
or owned by any such person together with such person's spouse and
occupied by either or both spouses as a home, or owned or occupied by a
widow or widower of such [totally disabled] veteran who shall remain
unmarried and who shall continue to own and occupy the premises as a
home, is hereby exempted [except for the minimum tax] from [all] property
taxes, other than special assessments, provided:
(1) That such [total] disability [was] or unemployable status is the result
of injuries incurred while on duty as a member of the armed forces of
the United States, and that the department of finance may require proof
of[total] disability or unemployable status;
(2) That the home exemption shall be granted only as long as the veteran
claiming exemption remains [totally disabled;] 100 percent disabled or
100 percent unemployable, or both; and
(3) That a person living on premises, a portion of which is used for
commercial purposes, shall not be entitled to an exemption with
respect to such portion, but shall be entitled to an exemption with
respect to the portion used exclusively as a home; provided, that this
exemption shall not apply to any structure, including the land
thereunder, which is used for commercial purposes.
(b) For the purpose of this section, the word"home" includes the entire
homestead when it is occupied as a home by a qualified [totally disabled
veteran as a home;] veteran who is 100 percent disabled or 100 percent
unemployable, or both; houses where the [disabled] qualified veteran owner
sublets not more than one room to a tenant; and premises held under an
agreement to purchase the same for a home, where the agreement has been
duly entered into and recorded prior to January 1 preceding the tax year for
which exemption is claimed, whereby the purchaser agrees to pay all taxes
while purchasing the premises.
(c) For disabled and unemployable veterans, the proof of disability or
unemployable status from the Veterans Administration may be substituted
for the required certification."
SECTION 2. Chapter 19, article 10, section 19-75(c), of the Hawai`i County Code 1983
(2016 Edition, as amended) is amended to read as follows:
"(c) The disability shall be certified by: (1) a physician licensed under chapter
453, Hawai`i Revised Statutes, (2) a qualified out-of-state physician who is
currently licensed to practice in the state in which the physician resides, or
(3) a commissioned medical officer in the United States military or public
health service, engaged in the discharge of one's official duty. Certification
for a person who is blind or deaf may also be made by a licensed optometrist
1 or licensed audiologist as the case may be. Certification shall be on forms
prescribed by the department of finance. For disabled and unemployable
veterans,the proof of disability or unemployable status submitted [for]
pursuant to section 19-73(1) from the Veterans Administration, may be
substituted for the required certification. Official documentation from the
Social Security Administration may also be substituted for the required
certification."
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.
SECTION 5. This ordinance shall take effect on July 1, 2019.
INTRODUCED BY:
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CO IL ME li BER, i UNTY OF HAWAI`I
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 989.5
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