HomeMy WebLinkAboutRES 598 Draft 01 2020-2022 i
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COUNTY OF HAWAIII ;* STATE OF HAWAII
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SOLUTION NO.
A RESOLUTION URGING THE HAWAII STATE LEGISLATURE TO AMEND
SECTIONS 46-16.8 AND 243-6, HAWAII REVISED STATUTES, TO ALLOW FOR A
PERCENTAGE OF GENERAL EXCISE AND FUEL TAXES GENERATED BY THE
COUNTIES, PURSUANT TO THOSE STATUTES, TO BE USED FOR MAINTENANCE
OF PRIVATE ROADWAYS THAT ARE OPEN TO THE PUBLIC.
WHEREAS, Hawaii Island has a large inventory of privately-owned roadways that are
open to the public; and
WHEREAS, persons living in subdivisions serviced by such roadways presumably pay
general excise and fuel taxes, which comprise the major source of funding for the highway
maintenance program for the County of Hawaii; and
WHEREAS, Sections 46-16.8 (county surcharge on State tax) and 243-6 (fuel taxes,
dispositions), Hawaii Revised Statutes, are the State enabling legislations which authorize the
counties to impose such taxes; and
WHEREAS,the use of the funds generated from those taxes are, by the terms of the two
enabling laws, limited to "public" or"county"roadways, which have generally been interpreted
as excluding private roads; and
WHEREAS, amending those two laws to allow the counties to use a percentage of the
funds generated by those taxes for the maintenance of privately-owned roadways that are open to
the public could greatly improve the quality of life for persons having to travel such roads on a
daily basis; and
WHEREAS, if for no other reason, improved maintenance of such roads would enhance
emergency response times to those areas and result in less wear and tear on government-owned
emergency response vehicles; now,therefore,
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BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it
urges the Hawai`i State Legislature to amend Sections 46-16.8 and 243-6, Hawai`i Revised
Statutes,to allow for a percentage of general excise and fuel taxes generated by the counties,
pursuant to those statutes,to be used for maintenance of private roadways that are open to the
public.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to all Hawaii State Senators and Representatives.
Dated at Kona , Hawai`i, this 16th day of November , 20 22 .
INTRODUCED BY:
COUNCIL MEMBER, CO TY OF HAWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by INABA X
the vte indicated to the right hereof adopted by the COUNCIL of the KANEALI`I-KLEINFELDER X
Countyof Hawaii on November 16, 2022
KIERKIEWICZ X
KIMBALL X
ATTEST: LEE LOY X
RICHARDS
VILLEGAS X
rte • 6 0 2 0
Aft. / ) , / Reference: C-1078/GOREDC-30
CO CITY CLERK .- 'ERSO &P' SIDING C = CER RESOLUTION NO. 598 22
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