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i <br /> ONtY OR y,� <br /> COUNTY OF HAWAIII ;* STATE OF HAWAII <br /> �rE6FNPJ+ <br /> I <br /> i <br /> SOLUTION NO. <br /> A RESOLUTION URGING THE HAWAII STATE LEGISLATURE TO AMEND <br /> SECTIONS 46-16.8 AND 243-6, HAWAII REVISED STATUTES, TO ALLOW FOR A <br /> PERCENTAGE OF GENERAL EXCISE AND FUEL TAXES GENERATED BY THE <br /> COUNTIES, PURSUANT TO THOSE STATUTES, TO BE USED FOR MAINTENANCE <br /> OF PRIVATE ROADWAYS THAT ARE OPEN TO THE PUBLIC. <br /> WHEREAS, Hawaii Island has a large inventory of privately-owned roadways that are <br /> open to the public; and <br /> WHEREAS, persons living in subdivisions serviced by such roadways presumably pay <br /> general excise and fuel taxes, which comprise the major source of funding for the highway <br /> maintenance program for the County of Hawaii; and <br /> WHEREAS, Sections 46-16.8 (county surcharge on State tax) and 243-6 (fuel taxes, <br /> dispositions), Hawaii Revised Statutes, are the State enabling legislations which authorize the <br /> counties to impose such taxes; and <br /> WHEREAS,the use of the funds generated from those taxes are, by the terms of the two <br /> enabling laws, limited to "public" or"county"roadways, which have generally been interpreted <br /> as excluding private roads; and <br /> WHEREAS, amending those two laws to allow the counties to use a percentage of the <br /> funds generated by those taxes for the maintenance of privately-owned roadways that are open to <br /> the public could greatly improve the quality of life for persons having to travel such roads on a <br /> daily basis; and <br /> WHEREAS, if for no other reason, improved maintenance of such roads would enhance <br /> emergency response times to those areas and result in less wear and tear on government-owned <br /> emergency response vehicles; now,therefore, <br />