Report Title:

Rail Transit Authority; Fund; County GET

Description:

Allows counties with population greater than 200,000 to impose a 1% county GET tax to fund a rail transit system. Creates Honolulu rail transit authority to construct and operate a rail transit system on Oahu.

HOUSE OF REPRESENTATIVES

H.B. NO.

1729

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to transportation.

 

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

SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§46- County general excise and use tax; use of revenues. (a) Each county having a population of at least two hundred thousand may establish a general excise and use tax at a rate not greater than one per cent. A county electing to establish this tax shall do so by adoption of an ordinance no later than June 30, 2007; provided that no ordinance shall be adopted until the county has conducted a public hearing on the proposed ordinance. Notice of the public hearing 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) Each county that adopts a county general excise and use tax ordinance pursuant to subsection (a) shall use the revenues from the county general excise and use tax for capital costs, planning, design, construction, operation, and maintenance of a public rail transit system within the county. As used in this section, "capital costs" means nonrecurring costs required to construct a light rail transit facility or system, including debt service, costs of land acquisition and development, acquiring of rights-of-way, planning, design, and construction, including equipping and furnishing the facility or system."

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

HONOLULU RAIL TRANSIT AUTHORITY

§   -1 Honolulu rail transit authority; board; powers and duties. (a) There is created the rail transit authority, which shall be a public body corporate and politic, a public instrumentality, and an agency of the State. The authority shall be placed within the department of transportation for administrative purposes. The rail transit authority shall develop plans to construct and operate a rail transit system on Oahu.

(b) The rail transit authority shall be overseen by a board of directors to be composed of eleven members and to be chaired by the director of transportation services of the city and county of Honolulu, or a designee. The mayor of the city and county of Honolulu shall appoint two members. The council of the city and county of Honolulu shall appoint two members. Other members of the board shall consist of the following:

(1) A representative from the state department of transportation;

(2) A representative from the housing and community development corporation of Hawaii;

(3) A representative from the Oahu metropolitan planning organization;

(4) A representative from the department of transportation services of the city and county of Honolulu; and

(5) Two members of the public.

(c) The rail transit authority shall have the following powers and duties:

(1) Plan, design, construct, operate, and maintain a public rail transit system on the island of Oahu;

(2) Develop alternative methods to fund the public rail transit system and rail transit authority in addition to the county general excise and use tax pursuant to section 46-   ;

(3) The power of eminent domain pursuant to chapter 101;

(4) Redevelop real property along rail transit routes to include affordable housing;

(5) Determine the extent, range, and location of rail transit routes;

(6) Determine the type of technology to be used for rail transit;

(7) Determine fare structures; and

(8) Any other powers deemed necessary and appropriate by the board; provided that they do not contravene the public interest.

§   -2 Honolulu rail transit authority fund; deposits; use. (a) There is established the Honolulu rail transit authority fund within the state treasury to be administered by the Honolulu rail transit authority.

(b) The Honolulu rail transit authority fund shall receive deposits from general excise tax revenues as specified in section 237-   .

(c) Moneys from the Honolulu rail transit authority fund shall be used for the planning, design, construction, operation, and maintenance of a rail transit system on the island of Oahu."

SECTION 3. New statutory material is underscored.

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

INTRODUCED BY:

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