HomeMy WebLinkAboutCOM 0722.004 2016-2018 Eileen O'Hara _----of-A. Phone: (808) 965-2712
Council Member X0;1,— �.•'--`'.-.; Fax: (808) 961-8912
Council District 4 ''''y�• Email: eileen.ohara@hawaiicounty.gov
Chair: Environmental
Vice Chair:PlanningCommittee and
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Management Committee +r'�t•E OF µ+�'``=� Agriculture, Water&Energy
Sustainability Committee
County of Hawaii
Hawaii County Council
25 Aupuni Street, Suite 1402 • Hilo, Hawaii 96720
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DATE: February 6, 2018 0, �
TO: Valerie T. Poindexter, Chair
.70
and Members of the Hawai`i County Council
FROM: Eileen O'Hara, Council Member eef-
Hawah
County Council
SUBJECT: Proposed amendments to Bill No. 102: A Bill for an Ordinance
Amending Chapter 2 of the Hawai`i County Code 1983 (2016 Edition, as
Amended)by Adding a New Article Relating to Transportation Surcharge.
Please find attached proposed amendments to Bill No. 102. The proposed amendments are
shown below in Ramseyer format with respect to the contents of Bill 102; material to be added is
underscored.
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 operating or capital costs of
public transportation systems within the County with revenues from this surcharge,
may be transferred and used for the Hawai`i County police department for additional
patrol positions and facilities in the most underserved areas of the island."
A copy of the draft bill that would result if these proposed amendments are adopted is
attached for your information and review. Thank you for your attention to this matter.
EO:bl
Att.
Comm.Na, 1 •4
Ref.To: 115 ��
Ref.Date 24 t t ie
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.
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(c) General funds made available by replacing funds for operating or capital costs of
public transportation systems within the County with revenues from this surcharge, may
be transferred and used for the Hawai`i County police department for additional patrol
positions and facilities in the most underserved areas of the island.
Section 3. Termination of Surcharge.
Pursuant to Act 1 of the Session Laws of Hawaii, 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 upon approval.
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