HomeMy WebLinkAboutBIL 165 Draft 01 2014-2016OFFICE INFORMATION ONLY
Meeting: Finance Committee — May 3, 2016
Action: Postponed to call of Chair: never taken up again.
Re: Bill 165: Comm. 751 (2014-2016 term)
COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 165
AN ORDINANCE TO AMEND CHAPTER 2 OF THE HAWAII COUNTY CODE 1983
(2005 EDITION, AS AMENDED) BY ADDING A NEW ARTICLE TO ESTABLISH A
GENERAL EXCISE AND USE TAX SURCHARGE FOR THE COUNTY OF HAWAII.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The Hawaii State Legislature has authorized the counties to
establish a surcharge of up to one-half percent on the general excise taxes currently imposed by
the state. The purpose of this bill is to establish a general excise and use tax surcharge for the
County of Hawaii and to provide for receipt and expenditure of these funds.
SECTION 2. Chapter 2, Hawaii County Code 1983 (2005 Edition, as amended), is
amended by adding a new article to be appropriately designated and to read as follows:
"Article . General Excise and Use Tax Surcharge.
Section 2- . Establishment.
Pursuant to section 3 of Act 240, Session Laws of Hawaii, Regular Session of
2015, codified as section 46-16.8 of the Hawaii Revised Statutes, there is hereby
established a one-half percent general excise and use tax surcharge to be used for
purposes of fundingthe he operating and capital costs of public transportation within the
County of Hawaii as specified herein. The excise and use tax surcharge shall be levied
beginningJanuary 1, 2018.
Section 2- . Expenditures.
(a) All funds received from the state derived from the surcharge shall be used for the
following purposes authorized by state law:
(1) Operating or capital costs of public transportation stems, including public
roadways or highways, public buses pedestrian paths or sidewalks, or bicycle
paths. and
(2) Expenses in complying with the Americans vllith Disabilities Act. of 1990 �Vah
respect to paragraph (1).
(b) As used in this section, "capital costs" means nonrecurring casts required to
construct a transit facility or system, including debt service, costs of land acquisition
and development acquiring of rights-of-wayplanning, design, and construction,
and including equipping and furnishing thethe. facility or system.
Section 2- . Repeal.
Pursuant to Act 240, Session Laws of Hawaii, Regular Session of 2015, no
surcharge on state tax maybe levied pursuant to this article after December 31, 2027 and
this article shall be repealed on that date."
SECTION 3. New material is underscored. In printing this ordinance, the underscoring
need not be included.
SECTION 4. Severability. If any provision of this ordinance or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 5. This ordinance shall take effect upon its approval.
SECTION 6. The County Clerk shall transmit a copy of this ordinance to the State
Director of Taxation within ten days of its approval.
, Hawai`i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Connor. 751
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
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