Bill Text: HI SB2433 | 2010 | Regular Session | Introduced
Bill Title: Counties; Community Facilities Districts; Educational Services
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-08 - (S) The committee on EDH deferred the measure. [SB2433 Detail]
Download: Hawaii-2010-SB2433-Introduced.html
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THE SENATE |
S.B. NO. |
2433 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 46-80.1, Hawaii Revised Statutes, is amended by amending its title and subsections (a) to (c) to read as follows:
"[[]§46-80.1[]]
Community facilities and educational services district.
(a) Any county having a charter may enact an ordinance, and may amend the same
from time to time, providing for the creation of community facilities and
educational services districts to finance special improvements [in the
county.], or educational services through the provision of supplemental
revenues to the department of education that may be used for operation and
maintenance services, including teacher salaries, for schools in the county
that directly benefit and are located within or adjacent to the boundaries of
an educational services district. Educational services shall mean education
costs of public elementary, intermediate, and high schools. The special
improvements or educational services may be provided and financed under
the ordinance. The county shall have the power to levy and assess a special
tax on property located in a district to finance the special improvements or
services and to pay the debt service on any bonds issued to finance the
special improvements. The county may issue and sell bonds to provide funds for
the special improvements. Bonds issued to provide funds for the special
improvements may be either: bonds secured only by the properties included in
the district and/or the special taxes thereon, or bonds payable from general
taxes and/or secured by the general taxing power of the county. If the bonds
are secured only by the properties included in the district and/or the special
taxes thereon, the bonds shall be issued according and subject to the
provisions of the ordinance. If the bonds are payable from general taxes or
secured by the general taxing power, the bonds shall be issued according and
subject to chapter 47. Educational services shall be financed and payable
only by a levy of special taxes on properties included in the district. The county
council shall appoint a five member citizens oversight committee for each
educational services district successfully formed from property owners within
each educational service district to certify to the county and the department
of education that the special taxes supplement, and do not replace, existing
revenues available for the those schools located within or adjacent to the
boundaries of an educational services district. The citizens oversight
committee shall also make annual recommendations specific to each school in the
educational services district to the county and the department of education.
(b) There is no requirement that the special
tax imposed by ordinance pursuant to this section be fixed in an amount or
apportioned on the basis of special benefit to be conveyed on property by the
special improvement[,] or educational services, or that the
special improvement or educational services convey a special benefit on
any property in the district. It shall be sufficient that the governing body
of the county determines that the property to be subject to the special tax is
improved or benefited by the special improvement or educational services
in a general manner or in any other manner. The special improvement or
educational services may also benefit property outside the district. The
special taxes assessed pursuant to this section shall be a lien upon the
property assessed. The lien shall have priority over all other liens except
the lien of general real property taxes and the lien of assessments levied
under section 46-80. The lien of special taxes assessed pursuant to
this section shall be on a parity with the lien of general real property taxes
and the lien of assessments levied under section 46-80, except to the
extent the law or assessment ordinance provides that the lien of assessments
levied under section 46-80 shall be subordinate to the lien of general
real property taxes.
(c) The ordinance shall describe the types of special improvements or educational services that may be undertaken and financed. In addition, the ordinance shall include, but not be limited to, procedures for:
(1) Creating community facilities and educational services districts (and zones therein), including specific time spans for the existence of each district;
(2) Apportioning special taxes on real properties within a community facilities and educational services district;
(3) Providing notice to and opportunity to be heard by owners of property proposed to be subject to the special tax (the affected owners), subject to waiver by one hundred per cent of the affected owners, including termination of proceedings if the affected owners of more than fifty-five per cent of the property, or if more than fifty-five per cent of the affected owners of the property, in the community facilities and educational services district proposed to be subject to the special tax protest in writing at the hearing. The ordinance shall also provide that if a lease requires the lessee to pay the proposed special tax, the ordinance shall state that the affected owner may waive this requirement in writing and that the affected owner refrain from imposing upon any successor lessee the obligation to pay the special tax. The ordinance shall also provide that if the affected owner fails to waive the requirement that the lessee pay the proposed tax, then all the rights for notice, hearing, and protest contained in this paragraph shall inure to the benefit of the original lessee or any subsequent lessee;
(4) Provide notice to buyers or lessees of the property who would be required to pay the special tax;
(5) Fixing, levying, collecting, and enforcing the special taxes against the properties affected thereby (including penalties for delinquent payment and sales for default);
(6) Making changes in the community facilities and educational services district, in the special taxes, or in the special improvements or educational services to be financed or provided;
(7) The acquisition or construction of the special
improvements[;] or the provision of educational services;
(8) The issuance of bonds to pay all or part of the cost of the special improvements (including costs of issuance, reserves, capitalized interest, credit enhancement, and any other related expenses);
(9) Refunding bonds previously issued;
(10) The establishment and handling of a separate special fund or funds to pay or secure such bonds, or to pay for acquisition or construction of special improvements or the provision of educational services or any other related expenses; and
(11) Other matters as the council shall determine to be necessary or proper.
The amount of special taxes may include amounts determined by the council to be necessary or reasonable to cover administration and collection of the assessments, administration of the bonds or of the program authorized by this section, replenishment of reserves, arbitrage rebate, and a reasonable financing fee."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Counties; Community Facilities Districts; Educational Services
Description:
Expands the use of community facilities district special taxes to include educational services, including teacher salaries.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
