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ORDINANCE NO.
STATE OF HAWAII
BILL NO. 159
AN ORDINANCE AMENDING CHAPTER 2 OF THE HAWAII COUNTY CODE 1983
(2016 EDITION, AS AMENDED) BY ADDING A NEW ARTICLE RELATING TO
TRANSPORTATION SURCHARGE AND CREATING THE GENERAL EXCISE TAX
FUND.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. PURPOSE. Quality public transportation systems, including public
roadways or highways, buses, bridges, bicycle and pedestrian paths, mass transit and paratransit
services, are essential to a vigorous economy and a healthy, prosperous population. Access to
transportation provides the greatest benefits to those with the fewest transportation options.
Mobility is a critical link to opportunity. It connects people to jobs, schools, affordable housing,
health care and more. The funds provided by implementing a transportation surcharge allow the
County to address transportation improvements, including those identified in the recent audit, for
mass transit, a backlog of critical road projects and pedestrian and bikeway expansion.
The general excise tax surcharge represents an additional source of revenue for Hawaii
County, including direct contributions from the visitor population. The limited sources of
revenue currently at the County's disposal create a vulnerability and dependence on property
values, which can be volatile, as shown by recent volcanic events.
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-quarter percent
(0.25%) general excise and use tax surcharge to be used for purposes of funding the
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. General Excise Tax Fund.
Pursuant to Article X, Section 10-12, Hawai'i County Charter 2016, the
Director of Finance is authorized to create a special fund to be known as the
"General Excise Tax Fund." All monies received from the state derived from the
imposition of the surcharge established under this article shall be deposited into
the General Excise Tax Fund.
Section _-3. Use of Funds.
(a) Pursuant to Sections 46-16.8 and 248-2.6, 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 shall
be expended for:
(1) Operating or capital costs of public transportation within the county for
public 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) Any balance remaining in the General Excise Tax Fund at the end of any fiscal
year shall not lapse, but shall remain in the fund accumulating from year to year. The
moneys in this fund shall not be used for any purpose except those listed in this section,
or as allowed by any amendments to Sections 46-16.8 and 248-2.6, Hawai'i Revised
Statutes.
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Section _4. 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. 958
INTRODUCED BY:
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CO IL MEMBER, COUNTY OF HAWAII
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