HomeMy WebLinkAboutRES 598 Draft 01 2020-2022
A RESOLUTION URGING 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.
WHEREAS, Hawai‘i 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 Hawai‘i; and
WHEREAS, Sections 46-16.8 (county surcharge on State tax) and 243-6 (fuel taxes, dispositions), Hawai‘i 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,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I 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 Hawai‘i State Senators and Representatives.
Dated at _____________, Hawai‘i, this ______ day of ___________________, 20___.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
COUNTY COUNCIL
County of Hawai‘i
Hilo, Hawai‘i
ROLL CALL VOTE
AYES
NOES
ABS
EX
CHUNG
DAVID
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawai‘i on _____________________________________.
INABA
KĀNEALI‘I-KLEINFELDER
KIERKIEWICZ
KIMBALL
ATTEST:
LEE LOY
RICHARDS
VILLEGAS
Reference:
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
RESOLUTION NO.