HomeMy WebLinkAboutCOM 0958.001 2016-2018 Eileen O'Hara ._ ttl.oe"• Phone: (808) 965-2712
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Council Member " `•'' V ,J.i Fax (808) 961-8912 Email: eileen.ohara hawaiicount ov
Council District 4 �,�
Chair: Environmental ••.; Vice Chair: Planning Committee and
Management Committee °.,f�rE i Agriculture, Water&Energy
Sustainability Committee
County of Hawaii
Hawaii County Council
25 Aupuni Street, Suite 1402 • Hilo, Hawaii 96720
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DATE: June 6, 2018 °
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TO: Valerie T. Poindexter, Council Chair NrE
.
and Members of the Hawai`i County Council ›"
FROM: Eileen O'Hara, Council Member66/
SUBJECT: Proposed Amendment to Bill No. 159, 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 and creating the general
excise tax fund.
Please see below a proposed amendment to Bill No. 159, to amend Section 2 by changing the
general excise and use tax surcharge to one-half percent. The proposed amendment is shown
below in Ramseyer format; material to be deleted is bracketed and stricken and material to be
added is underscored.
"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 011, Session Laws of Hawai`i 2018, codified as Section 46-16.8
Hawai`i Revised Statutes, as amended, it is hereby established a [one quarter] one-half
percent [(0.25%)] (0.50%) 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
Hawai`i. 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.
Comm. No. `
Ref. To: PlCatna
Ref. Date JUN 0 6.2 L8
Hawai`i County Is an Equal Opportunity Provider and Employer
June 6, 2018
Page 2
Section -3. Use of Funds.
(a) Pursuant to Sections 46-16.8 and 248-2.6, 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 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.
Section 4. Termination of Surcharge.
Pursuant to Act 011, Session Laws of Hawai`i 2018, codified as Section 46-16.8
Hawaii Revised Statutes, as amended, this article will be repealed on December 31,
2030."
Due to the limited scope of this amendment, a draft copy of the bill incorporating these changes
is not attached.
EO:sc
Hawai`i County Is an Equal Opportunity Provider and Employer