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Home My WebLink AboutOrdinance 05-164COUNTY OF HAWAII STATE OF HAWAII BILL NO. Bill 169 (2002 -2004) Draft 2 ORDINANCE NO. 05 164 AN ORDINANCE AMENDING CHAPTER 19, OF THE IIAWAI'l COUNTY CODE 1983 (2005 EDITION), REAL PROPERTY TAXES, RELATING TO CHARITABLE PURPOSES EXEMPTIONS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The purpose of this measure is to clarify section 19 -77, charitable, etc., purposes, by recognition of Federal income tax 501(c)(3) designation for certain nonprofit organizations. This measure also clarifies documentation requirements for those claiming this exemption. SECTION 2. Chapter 19, article 10, section 19 -77, of the Ilawai'i County Code 1983 (2005 Edition), is amended to read as follows: Section 19 -77. Charitable, etc., purposes. (a) There shall be exempt except for the minimum tax from real property taxes real property designated in subsection (b) or (c) and meeting the requirements stated therein, actually and (except as otherwise specifically provided) exclusively used for nonprofit purposes. If an exemption is claimed under one of these subsections (b) and (c), an exemption for the same property may not also be claimed under the other of these subsections. Claimants shall submit to the director of finance documentation from the Internal Revenue Service verifying their exemption status. (b) This subsection applies to property owned in fee simple, leased, or rented for a period of one year or more, by the person using the property for the exempt purposes, hereinafter referred to as the person claiming the exemption. If the property for which exemption is claimed is leased or rented, the lease or rental agreement shall be in force and recorded in the bureau of conveyances. E,xcmption is allowed by this subsection to the following property: (1) Property used for school purposes including: (A) Kindergartens, grade schools, junior high schools, and high schools, which carry on a program of instruction meeting the requirements of the compulsory school attendance law, section [299 9,1 302A -I 132, Hawai'i Revised Statutes, or which are for preschool children who have attained or will attain the age of five years on or before December 31 of the school year, provided that any claim for exemption based on any of the foregoing uses shall be accompanied by a certificate issued by or under the authority of the department of education stating that the foregoing requirements are tnet; (B) Junior colleges or colleges carrying on a general program of instruction of college level. The property exempt from taxation under this paragraph is limited to buildings for educational purposes (including dormitories), housing owned by the school or college and used as residence for personnel employed at the school or college, campus and athletic grounds, and realty used for vocational purposes incident to the school or college. (2) Property used for hospital and nursing home purposes, including housing for personnel employed at the hospital; in order to qualify under this paragraph the person claiming the exemption shall present with the claim a certificate issued by or under the authority of the State department of health that the property for which the exemption is claimed consists in, or is a part of, hospital or nursing home facilities which are properly constituted under the law and maintained to serve, and which do serve the public. (3) Property used for church purposes including incidental activities, parsonages, and church grounds, the property exempt except for the minimum tax from real property taxes being limited to realty exclusive of' burying grounds (exemption for which may be claimed under paragraph (4)). (4) Property used as cemeteries (excluding, however, property used for cremation purposes) maintained by a religious society, or by a corporation, association or trust organized for such purpose. Property used as individual or family burial plots shall be exempted for the portion that is actually used for such purposes. (5) Property dedicated to public use by the owner, which dedication has been accepted by the State or County, reduced to writing, and recorded in the bureau of conveyances. (6) Property owned by any nonprofit corporation, admission to membership of' which is restricted by the corporate charter to members of a labor union; property owned by any government employees' association or organization, one of the primary purposes of which is to improve employment conditions of its members; property owned by any trust, the beneficiaries of which are restricted to members of a labor union; property owned by any association or league of credit unions chartered by the United States or the State, the sole purpose of which is to promote the development of credit unions in the State. Notwithstanding any provision in this section to the contrary, the exemption shall apply to property or any portion thereof which is leased, rented, or otherwise let to another, if such leasing, renting, or letting is to a nonprofit association, organization, or corporation. (c) This subsection shall apply to property owned in fee simple or leased or rented for a period of one year or more, the lease or rental agreement being in force and recorded in the bureau of conveyances at the time the exemption is claimed, by either: (1) A corporation, society, association, or trust having a charter or other enabling act or governing instrument which contains a provision or has been construed by a court of competent jurisdiction as providing that in the event of dissolution or termination of the corporation, society, association, or trust, or other cessation of use of the property for the exempt purpose, the real property shall be applied for another charitable purpose or shall be dedicated to the public, or (2) A corporation chartered by the United States under title 36, United States Code, as a patriotic society[. Exemption is allowed by this ..,h, eetion t;a building, social serviee, of educatimial nature, including museums, a 1. ,,.,.. 11.,1„« the I ,., of the l 1"ited C't.. -q a ..th Rri ?'e,l by • ,.,,,.t:,... 7117 ,.f the 1lotising A et of 1959 as ended by the Housing A et of 196 t the -Senim, Citizens 140using Act of 1962, the Housing Aet ef 1964, and the rT......:.... and Urban Development Act of 1965. (3) Claimants shall submit to the director of finance dRc ,mentation from thy. 7 Internal oe. o e co_.: rats,.., their exemption status,.] or A corporation, society or association qualifying, for exemption from federal income tax under section 501(c)(3) where the property used for charitable purposes which are of a community character building, social service, or educational nature, or Senior citizen housing facilities qualifying for a loan under the laws of the United States as authorized by section 202 of the Housing Act of 1959 as amended by the Housing Act of 1961, the Senior Citizens Housing, Act of 1962, the Housing Act of 1964, and the Housing and Urban Development Act of 1965 as amended by the Housing and Urban Development Act of 1970. (d) If any portion of the property which might otherwise be exempted under this section is used for commercial or other purposes not within the conditions necessary for exemption (including any use the primary purpose of which is to produce income even though such income is to be used for or in furtherance of the exempt purposes) that portion of the premises shall not be exempt but the remaining portion of the premises shall not be deprived of the exemption if the remaining portion is used exclusively for purposes within the conditions necessary for exemption. In the event of an exemption of a portion of a building, the tax shall be assessed upon so much of the value of the building (including the land thereunder and the appurtenant premises) as the proportion of the floor space of the nonexempt portion bears to the total floor space of the building. (e) The term "for nonprofit purposes," as used in this section requires that no monetary gain or economic benefit inure to the person claiming the exemption, or any private shareholder, member, or trust beneficiary. "Monetary gain" includes without limitation any gain in the form of money or money's worth. "Economic benefit" includes without limitation any benefit to a person in the course of business, trade, occupation, or employment. SECTION 3. Material to be repealed is stricken and bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 4. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall 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 declared to be severable. SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: In COUNICIL MEMBER, COUNTY OF HAWAII Kona Pawai `i Date of Introduction: November 22, 2005 Date of Ist Reading: November 22, 2005 Date of 2nd Reading: December 7, 2005 Effective Date: December 15, 2005 RED REINCE: Comm. 568 Intoduced By: Date Introduced: First Reading: Published: RE14IRKS OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii (Draft 2) _t Virginia Isbell ROLL CALL VOTE November 22, 2005 November 22, 2005 December 4, 2005 Second Reading: December 7, 2005 To Mavor: December 9, 2005 Returned: December 15, 2005 Effective. December 15, 2005 Published: December 22, 2005 RE it [ IRKS: I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published a.% indicated above. -.0 APPROVED AS TO FORM AND LEGALITY COUNCIL CHAIRMAN DEPUTY C PORATION COUNSEL COUNTY OF HAWAPI ��---� C'OUNT Y CLERK Date L ` .= 1pprol)y Il Disapproved this_ ISM day of / Da�cRm�bu 20 OS 'OUN"A7 Bill No.: 169 (Draft (Draf 2)/(2002 -707; C- 568 /FL --182 Reference: Ord No.: cis 164 AYES NOES ABS Fx Arakaki X Higa X - -- _ -- - -- Hoffmann liolschuh -- X -— X — - - -- - -- —, -- Ikeda X Isbell X Jacobson X Pilago X Safarik X 9 0 0 0 ROLL CALL VOTE AYES NOES ABS EX Arakaki X Higa X — HofSnann X - -- _ - -- -- Holschuh X Ikeda X Isbell X Jacobson X Pilago-- X Safarik X — - -- - -- 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published a.% indicated above. -.0 APPROVED AS TO FORM AND LEGALITY COUNCIL CHAIRMAN DEPUTY C PORATION COUNSEL COUNTY OF HAWAPI ��---� C'OUNT Y CLERK Date L ` .= 1pprol)y Il Disapproved this_ ISM day of / Da�cRm�bu 20 OS 'OUN"A7 Bill No.: 169 (Draft (Draf 2)/(2002 -707; C- 568 /FL --182 Reference: Ord No.: cis 164