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Home My WebLink AboutCOM 0728.001 2016-2018 Phone No.: (808)961-8272 Aaron S. Y. Chung " `��c.� � �yl��;�`� Fax No.: (808)961-8912 Council Member , *: ,i1., 'r, District 2 South Hilo aaron.chung@hawaiicounty.gov • TE OF•111, _ HA WAI I COUNTY COUNCIL County of Hawai`i Hawai`i County Building 25 Aupuni Street Hilo,Hawai`i 96720 e , DATE: February 21, 2018 TO: Valerie T. Poindexter, Council Chairwoman and Members of the Hawai`i County Council FROM: aron S. Y. Chung, Council Member -- District 2 RE: Proposed Amendments to Resolution No. 488-18, Relating to Surcharge on State Tax Please find attached proposed amendments to Resolution No. 488-18,relating to surcharge on state tax. The proposed amendments are shown below in Ramseyer format with respect to Resolution No. 488-18; material to be removed is bracketed and stricken through, material to be added is underlined. A draft copy of proposed Resolution No. 488-18, Draft 2 is attached with the amendments incorporated therein. 1. The title is amended to read as follows: "A RESOLUTION IN SUPPORT OF SENATE BILL NO. 3088 S.D. 1 EXTENDING THE PERIOD WITHIN WHICH A COUNTY MAY ADOPT A SURCHARGE ON STATE TAX UNDER CERTAIN CONDITIONS, FROM MARCH 31, 2018, TO [SEPTEMBER 30, 2018] JUNE 30, 2018." 2. The third WHEREAS clause is amended to read as follows: "WHEREAS, on [Janaury] January 19, 2018, Mayor Harry Kim submitted Bill No. 102 to the Hawai`i County Council proposing to establish a one-half percent(0.5%) general excise and use tax surcharge increase to fund operating and capital costs of public transportation within the County of Hawai`i; and 3. The fifth WHEREAS clause is amended to read as follows: Gomm: No. 12 '. Ref. To:_.f) CGh- w.4 Ref. Dote FEB ?11 Hawai`i County Is An Equal Opportunity Provider And Employer February 21, 2018 Page 2 "WHEREAS,the proposed extension would provide counties who have not already established a surcharge on state tax, sufficient time and opportunity to receive public input, conduct the [rquired] required public hearing, and determine whether or not to establish such a surcharge set forth in Act 001; [now, therefore,] and" 4. A sixth WHEREAS clause has been added and will read as follows: "WHEREAS, on February 14, 2018, S.B.No. 3088 was amended to S.B. 3088 S.D. 1, wherein it was provided that: 1)the time within which counties could establish a surcharge on state tax was extended from March 31, 2018,to June 30, 2018; 2) no less than sixty percent of the surcharges received shall be used for operating or capital costs of public transportation within each county for public transportation systems, including public roadways or highways, public buses,trains, ferries, pedestrian paths or sidewalks, or bicycle paths; and 3)no more than two percent of the surcharges received may be used on any roadway used by the general public; now, therefore," 5. The enacting clause is amended to read as follows: "BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it is in favor of the intent and purpose of S.B. No. 3088 S.D. 1, and strongly recommends and encourages the Hawai`i State Legislature to support S.B.No. 3088 S.D. 1." 6. The "BE IT FINALLY RESOLVED"clause is amended to read as follows: "BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Honorable David Y. Ige, Governor of the State of Hawai`i, the Honorable [Shan S. Tsutsui}Doug Chin, Lieutenant Governor of the State of Hawai`i,the Honorable Ronald D. Kouchi, Hawai`i State Senate President, the Honorable Donovan M. Dela Cruz, Hawai`i State Senator,the Honorable Glenn Wakai, Hawai`i State Senator,the Honorable Kaiali`i Kahele, Hawai`i State Senator,the Honorable Russell E. Ruderman, Hawai`i State Senator, the Honorable Josh Green, Hawai`i State Senator, the Honorable Lorraine R. Inouye, Hawai`i State Senator, the Honorable Scott K. Saiki, Speaker of the House of Representatives,the Honorable Richard P. Creagan, Hawai`i State Representative, the Honorable Cindy Evans, Hawai`i State Representative,the Honorable Nicole E. Lowen, Hawai`i State Representative, the Honorable Mark M.Nakashima, Hawai`i State Representative, the Honorable Richard H.K. Onishi, Hawai`i State Representative,the Honorable Joy A. San Buenaventura,Hawai`i State Representative,the Honorable Chris Todd, Hawai`i State Representative, and the Honorable Harry Kim, Mayor, County of Hawai`i." ASYC:awm February 21, 2018 Page 3 A RESOLUTION IN SUPPORT OF SENATE BILL NO. 3088 S.D. 1 EXTENDING THE PERIOD WITHIN WHICH A COUNTY MAY ADOPT A SURCHARGE ON STATE TAX UNDER CERTAIN CONDITIONS,FROM MARCH 31,2018, TO JUNE 30,2018. WHEREAS, on September 5, 2017, Senate Bill No. 4 (S.B.No. 4) Relating to Government, was signed into law by Governor David Ige as Act 001, Session Laws of Hawai`i, Special Session of 2017; and WHEREAS, Act 001 provided, among other things, that counties that did not previously adopt a surcharge on state tax, were afforded an opportunity to adopt such a surcharge by ordinance on or before March 31, 2018; and WHEREAS, on January 19, 2018, Mayor Harry Kim submitted Bill No. 102 to the Hawai`i County Council proposing to establish a one-half percent(0.5%) general excise and use tax surcharge increase to fund operating and capital costs of public transportation within the County of Hawai`i; and WHEREAS, on January 24, 2018, Senators Donovan M. Dela Cruz and Glenn Wakai co-introduced Senate Bill No. 3088 (S.B.No. 3088)proposing to amend Section 46-16.8, Hawai`i Revised Statutes, as amended, and extend the time within which counties could establish a surcharge on state tax from March 31, 2018,to September 30, 2018; and WHEREAS,the proposed extension would provide counties who have not already established a surcharge on state tax, sufficient time and opportunity to receive public input, conduct the required public hearing, and determine whether or not to establish such a surcharge set forth in Act 001; and WHEREAS, on February 14, 2018, S.B. No. 3088 was amended to S.B. 3088 S.D. 1, wherein it was provided that: 1)the time within which counties could establish a surcharge on state tax was extended from March 31, 2018,to June 30, 2018; 2) no less than sixty percent of the surcharges received shall be used for operating or capital costs of public transportation within each county for public transportation systems, including public roadways or highways,public buses,trains, ferries,pedestrian paths or sidewalks, or bicycle paths; and 3)no more than two percent of the surcharges received may be used on any roadway used by the general public; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it is in favor of the intent and purpose of S.B. No. 3088 S.D. 1, and strongly recommends and encourages the Hawai`i State Legislature to support S.B.No. 3088 S.D. 1. BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Honorable David Y. Ige, Governor of the State of Hawai`i,the Honorable Doug Chin, Lieutenant Governor of the State of Hawaii,the Honorable Ronald D. Kouchi, Hawai`i State Senate President, the Honorable Donovan M. Dela Cruz, Hawai`i State Senator,the Honorable Glenn Wakai, Hawai`i State Senator,the Honorable Kaiali`i Kahele, Hawai`i State February 21, 2018 Page4 Senator,the Honorable Russell E. Ruderman, Hawai`i State,,Senator,the Honorable Josh Green, Hawaii State Senator, the Honorable Lorraine R. Inouye, Hawaii State Senator,the Honorable Scoft K. Saiki, Speaker of the House of Representatives, the Honorable Richard P. Creagan, -Hawai`i State Representative,the Honorable Cindy Evans, Hawai`i State Representative,the Honorable Nicole E. Lowen, Hawai`i State Representative,the Honorable Mark M. Nakashima, Hawaii State Representative,the Honorable Richard H.K. Onishi, Hawai`i State Representative, the Honorable Joy A. San Buenaventura, Hawai`i State Representative, the Honorable Chris Todd;Hawai`i State Representative, and the Honorable Harry Kim, Mayor, County of Hawai`i. i