HomeMy WebLinkAboutCOM 0722.003 2016-2018 County of Hawai`i •:'4.•0 y,`••4. Phone: (808)961-8564
Council District 9- , :' A ,'��''• (808)887-2069
North and South Kohala I. Email: tim.richards@hawaiicounty.govv
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HERBERT M. "TIM" RICHARDS, III .
HAWAII COUNTY COUNCIL
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District 9
25 Aupuni Street, Ste. 1402, Hilo, Hawai`i 96720 . -`
DATE: February 6, 2018
TO: Valerie T. Poindexter, Council Chair
and Members of the Hawai`i County Council
FROM: Herbert M. "Tim"Richards, III, Council Member
RE: Proposed Amendments to Bill No. 102: A Bill fo _ I r ce Amending
Chapter 2 of the Hawai`i County Code 1983 (2016 Edition, as Amended), by
Adding a New Article Relating to Transportation Charge.
Please see below proposed amendments to Bill No. 102. The proposed amendments are shown
in Ramseyer format with respect to the contents of Bill No. 102; material to be deleted is
bracketed and stricken; material to be added is underscored.
For illustrative purposes, a copy of the draft of the bill that would result if these proposed
amendments are adopted is attached with the amendments incorporated therein.
1. On page 2 in SECTION 2, "Section_-2. Use of Funds."is amended by adding a new
subsection(c)to read as follows:
"(c) General funds made available by replacing funds for public transportation
systems with revenues from this surcharge, shall be transferred and used as
follows:
(1) To reduce the fuel tax for fiscal years 2017-2018, 2018-2019, and
2019-2020 by a minimum of ten percent for each fiscal year; and
(2) To reduce fiscal year 2018-2019 real property tax rates for all property
classes by a minimum of ten percent."
2. SECTION 4 is amended to read as follows:
"SECTION 4. This ordinance shall take effect [upon approval.] on January 1, 2019;
provided that the fuel tax and real property tax rates are reduced per subsection(c) of the
section titled"Use of Funds."
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Att. Ref. To: C•.
Ref. Date Ems_
Hawai'i County is an Equal Opportunity Provider and Employer
AN ORDINANCE AMENDING CHAPTER 2 OF THE HAWAII COUNTY CODE 1983
(2016 EDITION,AS AMENDED) BY ADDING A NEW ARTICLE RELATING TO
TRANSPORTATION SURCHARGE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. PURPOSE. The purpose of the ordinance is to establish the
Transportation Surcharge as authorized by Sections 46-16.8, 237-8.6, 238-2.6 and 248-2.6 (d)
Hawai`i Revised Statues, as amended.
SECTION 2. Chapter 2 of the Hawai`i County Code 1983 (2016 Edition) is amended
by adding a new article to read as follows:
Article
Article_ . Transportation Surcharge.
Section -1. Establishment of Surcharge.
Pursuant to Act 1 of the Session Laws of Hawai`i, First Special Session of 2017,
codified as Section 46-16.8 Hawaii Revised Statutes, as amended, it is hereby
established a one-half percent(0.5%) general excise and use tax surcharge to be used for
purposes of funding operating or capital costs of public transportation within the County
of Hawai`i. The excise and use tax surcharge shall be levied beginning January 1, 2019.
Section -2 . Use of Funds.
(a)As required by section 248-2.6 citing to section 46-16.8 Hawai`i Revised Statutes,
moneys received from the state derived from the imposition of the surcharge established
under this article will be a general fund realization. Moneys received from the surcharge
may be expended for:
(1) Operating or capital costs of public transportation within the county for
systems including public roadways or highways, public buses,trains, ferries,
pedestrian paths or sidewalks or bicycle paths, and
(2) Expenses in complying with the Americans with Disabilities Act of 1990 with
respect to paragraph(1).
(b) "Capital costs" in this section means nonrecurring costs required to construct a transit
facility or system, including debt service, costs of land acquisition and development,
acquiring rights-of-way,planning, design and construction, and including equipping and
furnishing the facility or system.
(c) General funds made available by replacing funds for public transportation systems
with revenues from this surcharge, shall be transferred and used as follows:
(1) To reduce the fuel tax for fiscal years 2017-2018, 2018-2019, and
2019-2020 by a minimum of ten percent for each fiscal year; and
(2) To reduce fiscal year 2018-2019 real property tax rates for all property
classes by a minimum of ten percent.
Section 3. Termination of Surcharge.
Pursuant to Act 1 of the Session Laws of Hawai`i, First Special Session codified
as Section 46-16.8 Hawaii Revised Statutes, as amended,this article will be repealed on
December 31, 2030.
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid,the invalidity does 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 severable.
SECTION 4. This ordinance shall take effect on January 1, 2019; provided that the fuel
tax and real property tax rates are reduced per subsection(c) of the section titled"Use of Funds."
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