| 47 | | - | SECTION 1. The legislature finds that, in certain areas of the State, private subdivisions struggle to adequately fund road maintenance, due to current constraints on counties that prevent the expenditure of public funds on private roads. In these areas, many private roads that are currently open to and used by the public also serve as important routes for first responders, public transportation, and emergency services. The lack of maintenance on these roads creates a public safety hazard, not only for the residents of these areas, but for everyone who relies on the roads. The repair and maintenance of privately-owned roads that are open to and used by the public would not only decrease wear and tear on private vehicles that use the roads, but would also ensure a continuation of essential public services, such as emergency responses and school buses transporting students to and from school. The legislature finds that allowing certain counties to utilize tax revenues collected by the counties for the repair and maintenance of private roads that are open to and used by the public will improve access and safety for residents and visitors of the State, and serves an important public purpose. Accordingly, the purpose of this Act is to allow certain counties to utilize tax revenues collected on behalf of the counties for the repair and maintenance of private roads that are open to and used by the public. SECTION 2. Section 46-16.8, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows: "(g) Each county having a population equal to or less than five hundred thousand that adopts a county surcharge on state tax ordinance pursuant to this section 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: (A) Public roadways or highways[;], including private roadways that are open to and used by the public; (B) Public buses; (C) Trains; (D) Ferries; (E) Pedestrian paths or sidewalks; or (F) Bicycle paths; (2) Expenses in complying with the Americans with Disabilities Act of 1990 with respect to paragraph (1); and (3) Housing infrastructure; provided that a county that uses surcharge revenues for housing infrastructure shall not pass on those housing infrastructure costs to the developer of a housing project; provided further that this paragraph shall apply only if a county amended its surcharge ordinance pursuant to subsection (d) or adopts a county surcharge on state tax ordinance after December 31, 2022; provided that each county having a population equal to or less than five hundred thousand that adopts a county surcharge on state tax ordinance pursuant to this section after December 31, 2022, shall use the surcharge revenues received from the State only for the purposes described in paragraph (3)." SECTION 3. Section 243-6, Hawaii Revised Statutes, is amended to read as follows: "§243-6 Fuel taxes, dispositions. (a) The ["]city and county of Honolulu fuel tax["] shall be paid by the department of taxation into the state treasury, and shall, by the state director of finance, be paid over to the director of finance of the city and county of Honolulu for deposit into the [fund known as the "]highway fund["] created by section 249-18. (b) The ["]county of Kauai fuel tax["] shall be paid by the department of taxation into the state treasury, and shall, by the state director of finance, be paid over to the director of finance of the county of Kauai for deposit into the [fund known as the "]highway fund["] created by section 249-18. (c) The ["]county of Hawaii fuel tax["] shall be paid by the department of taxation into the state treasury, and shall, by the state director of finance, be paid over to the director of finance of the county of Hawaii for deposit into the [fund known as the "]highway fund["] created by section 249-18. (d) The ["]county of Maui fuel tax["] collected on account of liquid fuel sold or used on the island of Lanai or sold elsewhere for ultimate use on the island of Lanai, shall be paid by the department of taxation into the state treasury, and shall, by the state director of finance, be paid over to the director of finance of the county of Maui for deposit into the [fund known as the "]highway fund["] created by section 249-18, for expenditure on the island of Lanai. The ["]county of Maui fuel tax["] collected on account of liquid fuel sold or used on the island of Molokai or sold elsewhere for ultimate use on the island of Molokai, shall be paid by the department of taxation into the state treasury, and shall, by the state director of finance, be paid over to the director of finance of the county of Maui for deposit into the [fund known as the "]highway fund["] created by section 249-18, for expenditure on the island of Molokai. The remainder of the ["]county of Maui fuel tax["] shall be paid by the department of taxation into the state treasury, and shall, by the state director of finance, be paid over to the director of finance of the county of Maui for deposit into the [fund known as the "]highway fund["] created by section 249-18. (e) Each of the [foregoing] taxes under subsections (a) through (d) shall be expended for the following purposes, for the island for which the tax revenue is specially indicated, or, if none, for the county for which the tax revenue is indicated: (1) For payment of interest on and redemption of any bonds duly issued or sold on or after July 1, 1951, under chapter 47 for the financing or aiding in financing the construction of county highway tunnels, approach roads thereto, and highways. [Such payments] Payments of interest and principal on the bonds when due, shall be first charges on such moneys so deposited in the fund[.]; (2) For acquisition, designing, construction, reconstruction, improvement, repair, and maintenance of county main and general thoroughfares, highways, and other streets, including private roadways that are open to and used by the public, street lights, storm drains, and bridges, including costs of new land therefor, when expenditures for [the foregoing] these purposes cannot be financed under state-federal aid projects[.]; (3) In the case of the city and county of Honolulu, for payment of the city and county's share in an improvement district initiated by the city and county for an improvement listed in [[]paragraph[]] (2) [above which] that is permitted to be constructed in the city and county[.]; (4) For the construction of county highway tunnels, overpasses, underpasses, and bridges, where [such] the improvement cannot be made under state-federal aid projects[.]; (5) For purposes and functions connected with county traffic control and preservation of safety upon the public highways and streets[.], including private roadways that are open to and used by the public; (6) For purposes and functions in connection with mass transit[.]; and (7) For acquisition, design, construction, improvement, repair, and maintenance of bikeways. [(8)] (f) No expenditure under subsection (e) shall be made[,] out of the revenues paid into any [such] fund[, which] that will jeopardize federal aid for highway construction." SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect on July 1, 2112. |
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| 47 | + | SECTION 1. The purpose of this Act is to allow certain counties to utilize tax revenues collected on behalf of the counties for the repair and maintenance of private roads that are open to and used by the public. SECTION 2. Section 46-16.8, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows: "(g) Each county having a population equal to or less than five hundred thousand that adopts a county surcharge on state tax ordinance pursuant to this section 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: (A) Public roadways or highways[;], including private roadways that are open to and used by the public; (B) Public buses; (C) Trains; (D) Ferries; (E) Pedestrian paths or sidewalks; or (F) Bicycle paths; (2) Expenses in complying with the Americans with Disabilities Act of 1990 with respect to paragraph (1); and (3) Housing infrastructure; provided that a county that uses surcharge revenues for housing infrastructure shall not pass on those housing infrastructure costs to the developer of a housing project; provided further that this paragraph shall apply only if a county amended its surcharge ordinance pursuant to subsection (d) or adopts a county surcharge on state tax ordinance after December 31, 2022; provided that each county having a population equal to or less than five hundred thousand that adopts a county surcharge on state tax ordinance pursuant to this section after December 31, 2022, shall use the surcharge revenues received from the State only for the purposes described in paragraph (3)." SECTION 3. Section 243-6, Hawaii Revised Statutes, is amended to read as follows: "§243-6 Fuel taxes, dispositions. (a) The ["]city and county of Honolulu fuel tax["] shall be paid by the department of taxation into the state treasury, and shall, by the state director of finance, be paid over to the director of finance of the city and county of Honolulu for deposit into the [fund known as the "]highway fund["] created by section 249-18. (b) The ["]county of Kauai fuel tax["] shall be paid by the department into the state treasury, and shall, by the state director of finance, be paid over to the director of finance of the county of Kauai for deposit into the [fund known as the "]highway fund["] created by section 249-18. (c) The ["]county of Hawaii fuel tax["] shall be paid by the department into the state treasury, and shall, by the state director of finance, be paid over to the director of finance of the county of Hawaii for deposit into the [fund known as the "]highway fund["] created by section 249-18. (d) The ["]county of Maui fuel tax["] collected on account of liquid fuel sold or used on the island of Lanai or sold elsewhere for ultimate use on the island of Lanai, shall be paid by the department into the state treasury, and shall, by the state director of finance, be paid over to the director of finance of the county of Maui for deposit into the [fund known as the "]highway fund["] created by section 249-18, for expenditure on the island of Lanai. The ["]county of Maui fuel tax["] collected on account of liquid fuel sold or used on the island of Molokai or sold elsewhere for ultimate use on the island of Molokai, shall be paid by the department into the state treasury, and shall, by the state director of finance, be paid over to the director of finance of the county of Maui for deposit into the [fund known as the "]highway fund["] created by section 249-18, for expenditure on the island of Molokai. The remainder of the ["]county of Maui fuel tax["] shall be paid by the department into the state treasury, and shall, by the state director of finance, be paid over to the director of finance of the county of Maui for deposit into the [fund known as the "]highway fund["] created by section 249-18. (e) Each of the [foregoing] taxes under subsections (a) through (d) shall be expended for the following purposes, for the island for which the tax revenue is specially indicated, or, if none, for the county for which the tax revenue is indicated: (1) For payment of interest on and redemption of any bonds duly issued or sold on or after July 1, 1951, under chapter 47 for the financing or aiding in financing the construction of county highway tunnels, approach roads thereto, and highways. [Such payments] Payments of interest and principal on the bonds when due, shall be first charges on such moneys so deposited in the fund[.]; (2) For acquisition, designing, construction, reconstruction, improvement, repair, and maintenance of county main and general thoroughfares, highways, and other streets, including private roadways that are open to and used by the public, street lights, storm drains, and bridges, including costs of new land therefor, when expenditures for [the foregoing] these purposes cannot be financed under state-federal aid projects[.]; (3) In the case of the city and county of Honolulu, for payment of the city and county's share in an improvement district initiated by the city and county for an improvement listed in [[]paragraph[]] (2) [above which] that is permitted to be constructed in the city and county[.]; (4) For the construction of county highway tunnels, overpasses, underpasses, and bridges, where [such] the improvement cannot be made under state-federal aid projects[.]; (5) For purposes and functions connected with county traffic control and preservation of safety upon the public highways and streets[.] including private roadways that are open to and used by the public; (6) For purposes and functions in connection with mass transit[.]; and (7) For acquisition, design, construction, improvement, repair, and maintenance of bikeways. [(8)] (f) No expenditure under subsection (e) shall be made[,] out of the revenues paid into any [such] fund[, which] that will jeopardize federal aid for highway construction." SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ |
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