HomeMy WebLinkAboutBIL 102 Draft 03 2016-2018Hawaii County Council -4
January 23, 2019
Bill 102: AMENDS CHAPTER 2 OF THE HAWAII COUNTY CODE 1983
(Draft 3) (2016 EDITION, AS AMENDED) BY ADDING A NEW ARTICLE
(2016-2018) RELATING TO TRANSPORTATION SURCHARGE
Establishes a one-half percent general excise and use tax surcharge to fund
operating or capital costs of public transportation systems within Hawaii County,
to be levied beginning January 1, 2019.
Reference: Comm. 722.84
Intr. by: Ms. David (B/R)
Negative: FC -79 (Due to a vote of 3 -ayes, 6 -noes)
Public Hearing: February 20, 2018
Postponed: February 21 and May 9, 2018
(Note: There is a motion by Ms. David, seconded by Ms. O'Hara, to approve
Bill 102, Draft 2, as amended.)
POSTPONED INDEFINITELY:
Ayes: Council Members David, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas,
and Acting Chair Eoff — 8.
Noes: None.
Absent: Council Member Chung — 1.
Excused: None.
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BILL NO. 102
(DRAFT 3)
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)
Hawaii Revised Statutes, as amended.
SECTION 2. Chapter 2 of the Hawaii 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 011, Session Laws of Hawaii 2018, 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 Hawaii. 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 Hawaii 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 Hawaii 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 011, Session Laws of Hawaii 2018, 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.
, Hawai`i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 722.84
INTRODUCED BY:
COUNCIL MEMBER, Y OF HAWAII
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