Authorizes county creation of community lands and open space acquisition fund and establishment of county conveyance tax surcharge to fund it. Authorizes director of taxation to administer surcharge and to return revenues to the county in which tax was levied.

A BILL FOR AN ACT

SECTION 1. In order to preserve Hawaii's environment, quality of life, and attractiveness as a visitor destination, the legislature finds that a fund should be established and expended by counties to purchase land and open space for permanent public recreational and preservational use.

The purpose of this Act is to enable the respective counties to create a community lands and open space acquisition fund to be funded by revenues from a conveyance tax surcharge.

SECTION 2. Chapter 247, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§247-    Conveyance tax surcharge; community lands and open space acquisition fund. (a) Each county may establish by ordinance, at any time, a conveyance tax surcharge not to exceed $     per $100 of the actual and full consideration, described in section 247-2. Any conveyance tax surcharge established by a county shall take effect on the date specified by the county ordinance; provided that the effective date may not be less than three months after the date of adoption of the county ordinance establishing the surcharge. No ordinance shall be adopted until the county has conducted a public hearing on the proposed ordinance. Notice of the public hearing shall be published in a newspaper of general circulation within the county at least twice within a period of thirty days immediately preceding the date of the hearing.

(b) Each county shall notify the director of taxation within ten days after the county has adopted a conveyance tax surcharge ordinance, and the director of taxation shall levy, assess, collect, and otherwise administer the conveyance tax surcharge. The director of taxation shall return to each county the proceeds of the conveyance tax surcharge resulting from taxes levied in that county, less any collection costs incurred by the State.

(c) The conveyance tax surcharges received from the State by each county shall be used for the sole purpose of funding a community lands and open space acquisition fund. The fund, and the means of administering it, shall be established by the county in the enabling ordinance. The revenues in the fund shall only be used for the purposes of acquiring a fee simple or any other interest in lands, which shall be used for public parks, public recreation, open space preservation, or public shoreline access."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.