HomeMy WebLinkAboutBIL 102 Draft 02 2016-2018 fi;`,-,9•!....
COUNTY OF HAWAI`I STATE OF HAWAI`I
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BILL NO. 102
(DRAFT 2)
ORDINANCE NO.
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 Hawai`i 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 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 Hawai`i, First Special Session codified
as Section 46-16.8 Hawai`i 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.
INTRODUCED BY:
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COUNCIL EMBER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 722.5
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