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Home My WebLink AboutORD 2018-088 2016-2018 oJNtY OF......... COUNTY OF HAWAII •_ _�'' �* STATE OF HAWAII 4TE CF•MF'� BILL NO. 165 (DRAFT 3) ORDINANCE NO. 18 SS 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 County Code 1983 (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] except for fifty percent of 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 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: t".4 COUNCIL ME BER, COUNTY OF HAWAII Hilo , Hawai`i Date of Introduction: August 8, 2018 Date of 1st Reading: August 8, 2.018 Date of 2nd Reading: September 5, 2018 Effective Date: July 1, 2019 2 REFERENCE Comm. 989.10 COUNTY CLERK OFFICE OF THE COUNTY CLERK COUNTY O F HAWAII County of Hawai`i Hilo, Hawaii 7018 SEP 19 P`i1 2: 3.4 (Draft 2) Introduced By: Dru Mamo Kanuha ROLL CALL VOTE Date Introduced: August 8, 2018 AYES NOES ABS EX First Reading: August 8, 2018 Chung X Published: August 18, 2018 David X Eoff X REMARKS: August 22, 2018 - Postponed Kanuha X Lee Loy X O'Hara X Poindexter X Richards X Ruggles X Second Reading: September 5, 2018 8 0 1 0 To Mayor: September 14, 2018 (Draft 3) Returned: September 19, 2018 ROLL CALL VOTE Effective: July 1, -2019 AYES NOES ABS EX Published: September 29, 2018 Chung X David X REMARKS' Eoff X Kanuha X Lee Loy X O'Hara X Poindexter X Richards X Ruggles X 6 2 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. CO 4 `1 IL CHAIRPERSON :..rove. isapproved this t ' '\. day '1 4101° of S 2. , 20 IS/ . I UNTY LERK / 165 (Draft 3) Bill No.: C-989 . 10/FC-126 MA AOR, COU TY HA WAI`I Reference: Ord No.: 3 88