Bill Text: HI HB2660 | 2012 | Regular Session | Introduced

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Bill Title: County Surcharge on State Tax; Transit Enhancements

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-25 - (H) Referred to TRN, FIN, referral sheet 8 [HB2660 Detail]

Download: Hawaii-2012-HB2660-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	2660
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to transit enhancements.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that transit enhancement projects are designed to foster more livable communities, preserve and protect environmental and cultural resources, and promote alternative modes of transportation.

     The purpose of this Act is to authorize counties to use a county surcharge adopted by ordinance and levied on state tax to fund transit enhancements.

     SECTION 2.  Section 46-16.8, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§46-16.8[]]  County surcharge on state tax.  (a)  Each county may establish a surcharge on state tax at the rates enumerated in sections 237-8.6 and 238-2.6.  A county electing to establish this surcharge shall do so by ordinance; provided that:

     (1)  No ordinance shall be adopted until the county has conducted a public hearing on the proposed ordinance; and

    [(2)  The ordinance shall be adopted prior to December 31, 2005; and

     (3)] (2)  No county surcharge on state tax that may be authorized under this section shall be levied prior to January 1, 2007.

Notice of the public hearing required under paragraph (1) shall be published in a newspaper of general circulation within the county at least twice within a period of thirty days immediately preceding the date of the hearing.

     (b)  A county electing to exercise the authority granted under this section shall notify the director of taxation within ten days after the county has adopted a surcharge on state tax ordinance and, beginning no earlier than January 1, 2007, the director of taxation shall levy, assess, collect, and otherwise administer the county surcharge on state tax.

     (c)  Each county with a population greater than five hundred thousand that adopts a county surcharge on state tax ordinance pursuant to subsection (a) shall use the surcharges received from the State for:

     (1)  Operating or capital costs of a locally preferred alternative for a mass transit project; [and]

     (2)  Expenses in complying with the Americans with Disabilities Act of 1990 with respect to paragraph (1)[.]; and

     (3)  Transit enhancements; provided that not less than one per cent of the surcharges received from the State shall be expended for transit enhancement projects that are designed to enhance public transportation service or use that or are physically or functionally related to transit facilities and other public amenities.  Eligible projects shall include:

         (A)  Historic preservation, rehabilitation, and operation of historic public transportation buildings, structures, and facilities, including historic bus and railroad facilities;

         (B)  Bus shelters;

         (C)  Landscaping and other scenic beautification, including tables, benches, trash receptacles, and street lights;

         (D)  Public art, music, culture, and crafts;

         (E)  Transit connections to parks within the county's transit service area;

         (F)  Signage; and

         (G)  Enhanced access to public transportation for persons with disabilities.

The county surcharge on state tax shall not be used to build or repair public roads or highways, bicycle paths, or support public transportation systems already in existence prior to July 12, 2005.

     (d)  Each county with a population equal to or less than five hundred thousand that adopts a county surcharge on state tax ordinance pursuant to subsection (a) shall use the surcharges received from the State for:

     (1)  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

     (2)  Expenses in complying with the Americans with Disabilities Act of 1990 with respect to paragraph (1).

     (e)  As used in this section, "capital costs" means nonrecurring costs required to construct a transit facility or system, including debt service, costs of land acquisition and development, acquiring of rights-of-way, planning, design, and construction, and including equipping and furnishing the facility or system."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

County Surcharge on State Tax; Transit Enhancements

 

Description:

Provides that a county surcharge adopted by ordinance and levied on state general excise or use tax may be used to fund transit enhancements.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.