HomeMy WebLinkAboutCOM 0773.001 2008-2010 •
.•'••.•• ".. ' Lincoln S.T. Ashida
William P. Kenoi a y , Corporation Counsel
Mayor Ma A -?i:. �/ i
y t I Katherine A. Garson
.,••; _�:, ,, , . Assistant Corporation
"• o. _��"� Counsel
COUNTY OF HAWAII
OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720 -4262 • (808) 961 -8251 • Fax (808) 961 -8622
April 19, 2010 •
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Chairman J Yoshimoto and Council Members t7 °
Hawai`i County Council on -mo z,
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25 Aupuni Street 11
Hilo, Hawai`i 96720 "i co !:-w
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Dear Chairman Yoshimoto and Council Members: –,- --
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Re: Resolution 321 -10 j
In reviewing Resolution 321 -10, it is our opinion that the third Whereas clause is flawed
in its conclusion as stated. This office has opined that Section 243 -6, Hawai`i Revised States, in
fact limits the fuel tax expenditures at this point in time to only County roads.
While there may be some ambiguity or gray area as to what roads are covered by the fuel
tax, based on Section 243 -6, as currently written, it would be our opinion that the expenditure of
fuel tax money is limited to county roads, at this time. We have discussed this matter with
Councilman Yagong, suggesting that to resolve this ambiguity, the best option would be to go to
the State Legislature to amend Section 243 -6 to include private roads maintained by nonprofit
corporations as permitted to be funded through the fuel tax as discussed in his resolution. We
also discussed the possibility of seeking an opinion from the Attorney General as this is really an
interpretation of a State statute.
We also discussed raising the fuel tax to cover the costs for these private roadways
maintained by nonprofit groups would be the most feasible, as it wouldn't reduce the amounts
currently received which are inadequate to maintain the County roads at present. Councilman
Yagong indicated that his resolution was merely to get a sense from the Council as to whether
his idea has merit or not. The creation of an ad hoc committee to study the proposal further
would be necessary to work out the details in implementing such a program and defining the
parameters in which this program could function.
Sincerely,
•
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•
GERALD TAKASE •
Deputy Corporation Counsel
GT:de
Hawaii County is an Equal Opportunity Employer and Provider -� 7 •
Comm. No. 7
Ref. To: ?I C_
Ref. Date APR 19 201