HomeMy WebLinkAboutRES 107 Draft 01 2004-2006 OFFICE INFORMATION ONLY
Meeting: Finance Committee - 04/17/2007
Action: Close file
Re: Res. 107 -05, Comm 292 (2005)
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COUNTY OF HAWAII STATE OF HAWAII
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RESOLUTION NO. 1G'7 U5
RFSOI.U"ETON TO MODIFY "I~HE SPECIAL FUEL TAX PROURAM
WHERF,AS, the provisions of Section 243-5, Hawaii Revised Statues, enable,
empower, and authorize the Council of the County of Hawaii to determine the amount of the
county fuel tax; and
W HF,REAS, it is provided in said section that the amount of the county fuel tax shall
be determined by resolution to be adopted by the Council in the manner provided by law,
relating to resolutions involving the expenditure of money, and the amount so fixed may be, per
gallon, one or more cents or a fraction ofa cent or both, or zero; and
WHEREAS, the said section further provides that no such resolution shall be adopted
until the Council shall conduct a public hearing on the amount of the proposed fuel tax after a
notice of such hearing shall have been published in a newspaper of general circulation within
the county at least twice during a period of thirty days immediately preceding the date of such a
hearing; and
WHEREAS, Council, after considering the need to promote the production and use of
alternative ftiels in Hawai' i, believes the existing county luel tax imposed upon the sale or use
of biodiesel fuel set at $0.022 cents per gallon by Act 96 passed in the 2004 state legislative
session, should be set at zero ($0.0); and
WHEREAS, it is anticipated that eliminating the county fuel tax on biodiesel fuels
containing twenty (20) per cent or greater by volume of biodiesel will have a limited impact on
highway fund revenues annually.
NOW,'I'HEKEFORE, BE I'1' RESOLVED BY THE COUNCIL OF THF.
COUNTY OF HAWAI`1 that it does hereby fix, determine and set the amount of the County
of Hawaii fuel tax at zero ($0.0) cents for biodiesel fuels containing twenty (20) percent or
greater by volume of biodiesel.
BE 1T FURTHER RESOLVED that this resolution shall take effect in accordance
with provisions incorporated in Section 243-5, Ilawai`i Revised Statutes, and for the purposes
of that Section, the adoption date shall be October 1, 2005.
BE IT FUR'1'HF,R RESOLVEll that if any provisions of this resolution or the
application thereof to any person or circumstances is held invalid, such invalidity shall not
affect other provisions or applications of this resolution which can be given effect without the
invalid provision or application. and to this end the provisions ofthis resolution are declared to
be severable.
6F TT FINALLY RESOLVED that the County Clerk is hereby instructed and directed
to send a copy of this resolution to the State Director of Taxation and State Director of Finance.
Dated al , f Iawaii, this _ day of , 2005.
INTRODUCED I3Y:
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COiJNCI 'MBER, C TY OF HAWAII
COUNTY COUNC[L RoLLCALL VOTE
County of Hawaii _ _ raves Nofs nus ex
Hilo, Hawaii nRnKnKI
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I hereby certify that the foregoing RI?SOLU'IION was b)' I IOFFMANN
the vote indicated to the right hereof adopted hr the COl INCII. of the
Cuunq of Hawaii on I IOLSCI II II I
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ATTEST: .IACORSON ~
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Reference: C-292~~
COUNTY CLERK CHAIRMAN & PRESIDING OFFICI?R RESOLUTION NO. 1O~ ~~S