HomeMy WebLinkAboutRES 109 Draft 02 2006-2008
COUNTY OF HAWAII STATE OF HAWAII
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RESOLUTION NO. 109 07
(DRAFT 2)
RESOLUTION TO MODIFY THE SPECIAL FUEL TAX PROGRAM
WHEREAS, the provisions of Section 243-5, Hawaii Revised Statutes, enable,
empower, and authorize the Council of the County of Hawaii to determine the amount of the
county fuel tax; and
WHEREAS, 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 of a 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 fuels in Hawaii, believes the existing county fuel 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, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
COUNTY OF HAWAII 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 IT FURTHER RESOLVED that the fuel tax rates established herein shall be
levied and collected by the Department of Taxation of the State of Hawaii, in accordance with
law.
BE IT FURTHER RESOLVED 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 of this resolution are declared to
be severable.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to transmit
this resolution to the Mayor for the Mayor's decision in the same manner as provided for bills
in Section 3-10 of the Hawaii County Charter; provided that the effective date of this
resolution shall be as prescribed by HRS Section 243-5 which is: "If such resolution is adopted,
it shall take effect on the first day of the second month following the date of the adoption of the
resolution."
BE IT FINALLY RESOLVED that the County Clerk is hereby instructed and directed
to send a copy of this resolution within ten days of when it was adopted as provided by law to
the State Director of Taxation and State Director of Finance.
Dated at Hilo ,Hawaii, this 22nd day of August , 2007.
INTRODUCED B/R BY:
COUNCI MBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
COllrity of H3Wa1'1 AYES NOES ABS EX
Hilo, Hawaii FORD X
RIGA X
I hereby certify that the foregoing RESOLUTION was by HOFFMANN X
the vote indicated to the right hereof adopted by the COUNCIL of the iKEDA X
County ofHawai`ion August 22, 2007
JACOBSON X
NAEOLE X
ATTEST: PILAGO g
YAGONG
YOSHIMOTO X
6 3 0 0
Reference: C-261.5/FC-95
109 07
CO CLERK CHAIRMAN & RESOLUTION NO.
` (DRAFT 2)