HomeMy WebLinkAboutORD 2018-074 2016-2018 �MtY os p.'
COUNTY OF HAWAII -•f. =-' 4_•) STATE OF HAWAII
BILL NO. 159
(DRAFT 2)
ORDINANCE NO. 18 74
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. ualit public transportation systems, including Q Yp Y � gpublic
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 Hawai`i
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) Hawai`i 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 Hawai`i 2018, codified as Section 46-16.8
Hawai`i 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 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.
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.
2
Section 4. Termination of Surcharge.
Unless otherwise extended by ordinance, this article will be repealed on December 31,
2020; provided that this General Excise and Use Tax surcharge shall not extend beyond
December 31, 2030, pursuant to Act 011, Session Laws of Hawai`i, codified as Section 46-16.8
of Hawai`i Revised Statutes, as amended.
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:
•
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo , Hawai`i
Date of Introduction: June 6, 2018
Date of 1st Reading: June 6, 2018
Date of 2nd Reading: June 29, 2018
Effective Date: June 29, 2018
3
OFFICE OF THE COUNTY CLERKCoUNY .
County of Hawai`i POtIRTY OF'HAWAII
Hilo, Hawai`i
Ali JUN 29PM2:.48
Introduced By: ROLL CALL VOTE
Date Introduced: AYES NOES ABS X
First Reading: Chung
Published: David
Eoff
REMARKS: Kanuha
Lee Loy
O'Hara
Poindexter
Richards
Rug: -
Reconsideration: June 29, 2018
To Mayor: June 29, 2018
Returned: June 29, 2018 ROLL CALL VOTE
Effective: June 29, _.2018 AYES NOES ABS EX
Published: July 14, 2018
Chung X
David X
REMARKS: Eoff X
Kanuha X
Lee Loy X
O'Hara X
Poindexter X
Richards X
Ruggles X
7 2 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
COU CHAIRPERSON
..rove. Disapproved this 21� day , 41.
ONTY of _ 1ur •_ , 20 Ig CLERK
Bill No.: 159 (Draft 2)
YOR, COU Y AWAI`IReference: C-958 .4/Waived-FC
Ord No.: 74
OFFICE OF THE COUNTY CLERK
County of Hawai`i
Hilo, Hawai`i
(Draft 2)
Introduced By: Mai le David (B/R) ROLL CALL VOTE
Date Introduced: June 6, 2018 AYES NOES ABS EX
First Reading: June 6, 2018 Chung X
Published: June 16, 2018 David X
Eoff X
REMARKS. Kanuha X
Lee Loy X
O'Hara X
Poindexter X
Richards X
Ruggles X
June 19
2018
Second Reading: 0
6 3 0
To Mayor: N/A
Returned: N/A ROLL CALL VOTE
Effective: AYES NOES ABS EX
Published: Chung X
David X
REMARKS: Failed due to lack of Eoff X
majority of "aye" votes . Kanuha X
Lee Loy X
O'Hara X
Poindexter X
Richards X
Ruggles X
4 5 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
COUNCIL CHAIRPERSON
Approved/Disapproved this day
of , 20 COUNTY CLERK
159 (Draft 2)
Bill No.:
MAYOR, COUNTY OFHAWAI` . C-958 .4/Waived-FC
Reference:
Ord No.: 1 �4