Bill Text: HI HB2133 | 2022 | Regular Session | Introduced
Bill Title: Relating To Tax Exemption.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-28 - Referred to JHA, FIN, referral sheet 3 [HB2133 Detail]
Download: Hawaii-2022-HB2133-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2133 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO TAX EXEMPTION.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Section 1. The legislature finds that lands utilized by the department of Hawaiian home lands to provide homesteads for native Hawaiians are offered at affordable rates when compared to similar development available in Hawaii. The purpose of this Act is to exempt any homestead development for the department of Hawaiian home lands from general excise taxes.
Section 2. Chapter 237, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§237-
Exemptions for any homestead development for
the department of Hawaiian home lands. (a) There
shall be exempted from the measure of the taxes imposed by this chapter, any gross
income arising from the planning, design, financing, or construction of any homestead
development for the department of Hawaiian home lands as provided in this section.
(b) The exemption eligibility shall be approved by
the department of Hawaiian home lands and shall apply to the gross income derived
by any qualified person or firm from a newly constructed or a moderately or substantially
rehabilitated project that is developed:
(1) For the department of Hawaiian home lands;
(2) Under a government assistance program approved
by the department of Hawaiian home lands;
(3) Under the sponsorship of a nonprofit organization
providing home rehabilitation or new homes for qualified families in need of decent,
low-cost housing; or
(4) To provide affordable rental housing where at
least fifty per cent of the available units are for households with incomes at or
below eighty per cent of the area median family income as determined by the United
States Department of Housing and Urban Development.
(c) All claims for exemption under this section shall
be filed with and certified by the department of Hawaiian home lands and forwarded
to the department of taxation by the claimant. Any claim for exemption that is filed and approved,
shall not be considered a subsidy.
(d) The department of Hawaiian home lands may establish,
revise, charge, and collect a reasonable service fee, as necessary, in connection
with its approvals and certifications of the exemption under this section. The fees shall be deposited into the department
of Hawaiian home lands administration account.
(e) For purposes of this section:
"Homestead
development" means development of residential, agricultural, or pastoral lots
to be awarded as homestead leases pursuant to the Hawaiian Homes Commission Act
of 1920, as amended, including, but not limited to, on- and off-site infrastructure
requirements, and dwelling units upon those lots.
"Moderately
rehabilitated":
(1) Means rehabilitation to upgrade a dwelling unit
to a decent, safe, and sanitary condition; or
(2) Includes the repair or replacement of major
building systems or components in danger of failure.
"Substantially
rehabilitated":
(1) Means the improvement of a property to a decent,
safe, and sanitary condition that requires more than routine or minor repairs or
improvements. It may include but shall not
be limited to:
(A) The gutting and extensive reconstruction of a dwelling unit; or
(B) Cosmetic
improvements coupled with the curing of a substantial accumulation of deferred maintenance;
and
(2) Includes renovation, alteration, or remodeling
to convert or adapt structurally sound property to the design and condition required
for a specific use, such as conversion of a hotel to housing for elders."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Department of Hawaiian Home Lands; Homestead Development; General Excise Tax Exemption
Description:
Exempts any homestead development for the Department of Hawaiian Home Lands from general excise taxes.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
