HOUSE OF REPRESENTATIVES	H.B. NO.	2176
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE STATE TAXATION BOARD OF REVIEW.

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

SECTION 1. Section 232-7, Hawaii Revised Statutes, is amended to read as follows:

"§232-7 Taxation board of review; duties, powers, procedure before. (a) The taxation board of review shall hear informally all disputes between the assessor and any taxpayer in all cases in which appeals have been duly taken and the fact that a notice of appeal has been duly filed by a taxpayer shall be conclusive evidence of the existence of a dispute; provided that this subsection shall not be construed to permit a taxpayer to dispute an assessment to the extent that it is in accordance with the taxpayer's return.

(b) At least three board members shall be present at any meeting or proceeding of the board to constitute a quorum. Notwithstanding sections 91-11 and 92-15, the board shall validate its actions by a concurrence of a majority of the members who heard the appeal. The board shall [hold public meetings at some central location in each taxation district at least once annually and shall] hear, as speedily as possible, all appeals presented for each year. The hearings shall be considered contested case hearings under section 91-9. Written notice of the hearing shall meet the requirements of section 91-9.5, provided that, if the notice is sent to the taxpayer's last known address, a return receipt shall not be required. In lieu of a return receipt, the department shall post the notice on its website for a minimum of fifteen consecutive days before the scheduled hearing date and provide confirmation that the notice was mailed. Taxpayers and others appearing before the board may also participate via teleconference or any other cost-efficient means of the board's choosing.

(c) A taxpayer's identity and final documents submitted in support or opposition of an appeal shall be public information; provided that an individual taxpayer shall be authorized to redact all but the last four digits of the taxpayer's social security number from any accompanying tax return. The board may decide all questions of fact and all questions of law, excepting questions involving the Constitution or laws of the United States, necessary to the determination of the objections raised by the taxpayer in the notice of appeal; provided that the board shall not have the power to determine or declare an assessment illegal or void. Without prejudice to the generality of the foregoing, the board shall have the power to allow or disallow exemptions pursuant to law, whether [or not] previously allowed or disallowed by the assessor, and to increase or lower any assessment.

(d) The board shall base its decision solely on the law and evidence [before] presented directly to it[,] by the parties, and, as provided in section 231-20, the assessment made by the assessor shall be deemed prima facie correct. All decisions of the board shall be reduced to writing and shall state separately the board's findings of fact and conclusions of law. The board shall file with the assessor concerned its decision in writing on each appeal decided by it, and a certified copy of the decision shall be furnished by the assessor to the taxpayer concerned by delivery or by mailing the copy addressed to the taxpayer's last known place of residence.

(e) The board and each member thereof, in addition to all other powers, shall also have the power to subpoena witnesses, administer oaths, examine books and records, and hear and take evidence in relation to any subject [pending before the board.] raised by the parties. The tax appeal court shall have the power, upon request of the board, to enforce by proper proceedings the attendance of witnesses, giving of testimony by witnesses, and production of books, records, and papers at the hearings of the board."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before its effective date. This Act also does not affect county real property tax appeals and the respective county boards of review to which they are appealed, nor does it abrogate any county ordinance relating to a county's real property tax appeal procedures.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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

INTRODUCED BY:	_____________________________
	BY REQUEST

Report Title:

State Taxation Board of Review

Description:

Authorizes the members of the State Taxation Board of Review to validate the board's actions with a concurrence of the majority of members who heard the appeal. Clarifies that board meetings are contested case hearings and provides notice requirements. Clarifies the legal and evidentiary framework the board may use in reaching its decisions.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.