REPORT TITLE:
Conveyance Tax


DESCRIPTION:
Allows counties to establish a conveyance tax surcharge to fund
purchase of community lands and open space acquisition.

 
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                                            685         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO A COMMUNITY LANDS AND OPEN SPACE ACQUISITION FUND.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The purpose of this Act is to enable each of the
 
 2 respective counties to create a community lands and open space
 
 3 acquisition fund to be funded by revenues from a conveyance tax
 
 4 surcharge.
 
 5      SECTION 2.  Chapter 247, Hawaii Revised Statutes, is amended
 
 6 by adding a new section to be appropriately designated and to
 
 7 read as follows:
 
 8      "247-    Conveyance tax surcharge; community lands and open
 
 9 space acquisition fund.  (a)  Each county may establish by
 
10 ordinance, at any time, a conveyance tax surcharge not to exceed
 
11 $2 per $100 of the actual and full consideration, described in
 
12 section 247-2.  Any conveyance tax surcharge established by a
 
13 county shall take effect on the date specified by the county
 
14 ordinance, provided that the effective date may not be less than
 
15 three months after the date of enactment of the county ordinance
 
16 establishing the surcharge.  No ordinance shall be enacted until
 
17 the county has conducted a public hearing on the proposed
 
18 ordinance.  Notice of the public hearing shall be published in a
 
19 newspaper of general circulation within the county at least twice
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 within a period of thirty days immediately preceding the date of
 
 2 the hearing.
 
 3      (b)  Each county shall notify the director of taxation
 
 4 within ten days after the county has enacted a conveyance tax
 
 5 surcharge ordinance, and the director of taxation shall levy,
 
 6 assess, collect, and otherwise administer the conveyance tax
 
 7 surcharge.  The director of taxation shall return to each county
 
 8 the entire proceeds of the conveyance tax surcharge resulting
 
 9 from taxes levied in that county.
 
10      (c)  The conveyance tax surcharges received from the State
 
11 by each county shall be used for the sole purpose of funding a
 
12 community lands and open space acquisition fund.  The fund and
 
13 the administration of the fund, shall be established by the
 
14 county in the enabling ordinance.  All revenues in the fund shall
 
15 be spent only for the purposes of acquiring a fee simple or any
 
16 other interest in lands, which shall be used for public parks,
 
17 public recreation, open space preservation, or public shoreline
 
18 access."
 
19      SECTION 3.  New statutory material is underscored.
 
20      SECTION 4.  This Act shall take effect upon its approval.
 
21 
 
22                           INTRODUCED BY:  _______________________
 

 
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