Bill Text: HI HB1171 | 2023 | Regular Session | Introduced
Bill Title: Relating To Police Officers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-01-30 - Referred to TOU/TRN, JHA, FIN, referral sheet 3 [HB1171 Detail]
Download: Hawaii-2023-HB1171-Introduced.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1171 |
THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to police officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1.
The legislature finds that in a society aspiring
to live by the rule of law, where a legislature creates laws and they are
equally applied to all citizens, there must be an enforcement mechanism to
ensure citizens respect and abide by these rules. Police and law enforcement
officers are recognized as the individuals who perform this most critical
public service.
The
legislature also finds there is a national shortage of qualified candidates to
fill policing and law enforcement positions. The impacts of this nationwide
shortage are being experienced by the Honolulu Police Department. As of January 2, 2020, the department was shorthanded
by 318 officers. The problem is attributed to a lack of qualified applicants
and the fact that departments across the nation are competing for many of the
same recruits.
The
legislature further finds there is an urgent need to fill policing and law
enforcement positions by offering competitive pay and benefits and other
monetary and non-monetary benefits to attract new candidates and retain those
already serving.
The purpose of this Act is to impose a visitor
surcharge on passengers arriving and leaving the state. The surcharge shall be
placed into a special fund to be used to recruit and retain police officers.
With 9,888,845 visitors coming to the state in 2018, these funds will
significantly improve police recruitment and retention. The surcharge will be
added to passenger tickets on all overseas aircraft arriving and departing the
state excluding inter-island passenger tickets.
SECTION 2. Chapter 52D, Hawaii Revised
Statutes, is amended by adding a new section to be appropriately designated to
read as follows:
"Section 52D- VISITOR SECURITY SURCHARGE ON PASSENGER
TICKETS.
§52D--A Definitions. As used in this part:
"Aircraft" means any
contrivance now known or hereafter invented, used or designed for navigation
of, or flight in, the air.
"Passenger"
means any person who arrivers or departs from a public airport aboard an
aircraft except for persons comprising the flight crew of the aircraft.
"Inter-island"
means from one island port to another.
§52D--B Visitor
Security Surcharge passenger tickets; establishment; purpose.
(a) There is established a Visitor Security Surcharge
on passenger tickets, for all overseas arrivals and departures entering and
departing the state excluding inter-island travel and Hawaii Residents. The
purpose of the Visitor Security Surcharge is to increase funding for
recruitment and retainment of county police officers. Revenue generated by the Visitor
Security Surcharge shall be used to:
(1) Recruit and retain police officers.
(b) Revenue
generated by the education surcharge shall be placed in the Blue Lives Matter
special fund and shall be in addition to all other funds appropriated to the police
commission.
§52D--C
Applicability. (a) A Visitor Security Surcharge is levied and shall be
assessed and collected by the department of taxation on all overseas passenger
tickets arriving and departing the state by aircraft excluding inter-island
passenger tickets.
As provided in
this part with respect to the surcharges, the Police Commission shall have all
the rights and powers provided under this part.
§52D--D Visitor
Security Surcharge on passenger tickets; levy; assessment. (a) There is
levied and shall be assessed and collected a surcharge on all overseas
passenger tickets on flights arriving and departing the state.
(b) The surcharge shall be $5 on each aircraft
passenger ticket arriving and departing the state.
(c)
Fees collected by the department under this section shall be deposited
into the Blue Lives Matter special fund established by section §52D-F.
§52D--E Visitor Security
Surcharge on passenger tickets; disposition of proceeds. (a) The Visitor
Security Surcharge on overseas passenger tickets shall be collected by the
department of taxation. All funds collected by the department of taxation
pursuant to the establishment of the Visitor Security Surcharge shall be
deposited into the Blue Lives Matter special fund established in section 52D-F.
§52D--F Blue
Lives Matter special fund. (a) There
is established within the state treasury a special fund to be known as the Blue
Lives Matter special fund to be administered by the Police Commission and into
which shall be deposited:
(1) The proceeds of the Visitor Security Surcharge
on overseas passenger tickets as established under section 52D-D; and
(2) All
other funds received by the department and legally available for the purposes
of the Blue Lives Matter special fund;
(b) The
Blue Lives Matter special fund shall not be subject to sections 36-27, 36-30,
and 37-53. Expenditures from the special
fund shall be subject to sections 37-31, and 37-33 through 37-40.
(c) Funds
in the Blue Lives matter special fund shall be allocated by the legislature
through appropriations out of the special fund, in consultation with the police
commission and the exclusive representatives of any appropriate bargaining
units required, for the purpose of:
(1) Recruiting
and retaining police officers;
(d) All
amounts in the Blue Lives Matter special fund shall be exempt from all taxes
and surcharges imposed by the state or the counties.
(e) No
later than twenty days prior to the convening of each regular session, the commission
shall provide a report containing an
accounting of the receipts and expenditures from the Blue Lives Matter special
fund."
SECTION 3. Section 36-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"§36-27 Transfers from
special funds for central service expenses. (a) Except as provided
in this section, and notwithstanding any other law to the contrary, from time
to time, the director of finance, for the purpose of defraying the prorated
estimate of central service expenses of government in relation to all special
funds, except the:
(1) Special
out-of-school time instructional program fund under section 302A-1310;
(2) School
cafeteria special funds of the department of education;
(3) Special
funds of the University of Hawaii;
(4) State
educational facilities improvement special fund;
(5) Convention
center enterprise special fund under section 201B-8;
(6) Special
funds established by section 206E-6;
(7) Aloha
Tower fund created by section 206J-17;
(8) Funds
of the employees' retirement system created by section 88-109;
(9) Hawaii
hurricane relief fund established under chapter 431P;
(10) Hawaii
health systems corporation special funds and the subaccounts of its regional
system boards;
(11) Tourism
special fund established under section 201B-11;
(12) Universal
service fund established under section 269-42;
(13) Emergency
and budget reserve fund under section 328L-3;
(14) Public
schools special fees and charges fund under section 302A-1130;
(15) Sport
fish special fund under section 187A-9.5;
[[](16)[]] Neurotrauma special fund under section
321H-4;
[[](17)[]] Glass advance disposal fee established by
section 342G-82;
[[](18)[]] Center for nursing special fund under section
304A-2163;
[[](19)[]] Passenger facility charge special fund
established by section 261-5.5;
[[](20)[]] Solicitation of funds for charitable purposes
special fund established by section 467B-15;
[[](21)[]] Land conservation fund established by section
173A-5;
[[](22)[]] Court interpreting services revolving fund
under section 607-1.5;
[[](23)[]] Trauma system special fund under section
321-22.5;
[[](24)[]] Hawaii cancer research special fund;
[[](25)[]] Community health centers special fund;
[[](26)[]] Emergency medical services special fund;
[[](27)[]] Rental motor vehicle customer facility charge
special fund established under section 261-5.6;
[[](28)[]] Shared services technology special fund under
section 27-43;
[[](29)[]] Automated victim information and notification
system special fund established under section 353-136;
[[](30)[]] Deposit beverage container deposit special
fund under section 342G-104;
[[](31)[]] Hospital sustainability program special fund
under [[]section 346G-4[]];
[[](32)[]] Nursing facility sustainability
program special fund under [[]section 346F-4[]];
[[](33)[]] Hawaii 3R's school improvement fund under
section 302A-1502.4;
[[](34)[]] After-school plus program revolving fund
under section 302A-1149.5; [and]
[[](35)[]] Civil monetary penalty special fund under
section 321-30.2[,]; and
(36) Blue
Lives Matter special fund under section 52D--F,
Shall deduct five per cent of all receipts of all other special funds, which deduction shall be transferred to the general fund of the State and become general realizations of the State. All officers of the State and other persons having power to allocate or disburse any special funds shall cooperate with the director in effecting these transfers. To determine the proper revenue base upon which the central service assessment is to be calculated, the director shall adopt rules pursuant to chapter 91 for the purpose of suspending or limiting the application of the central service assessment of any fund. No later than twenty days prior to the convening of each regular session of the legislature, the director shall report all central service assessments made during the preceding fiscal year."
SECTION 4. Section 36-30, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"§36-30 Special fund
reimbursements for departmental administrative expenses. (a)
Each special fund, except the:
(1) Special out-of-school time instructional program fund under section 302A-1310;
(2) School cafeteria special funds of the department of education;
(3) Special funds of the University of Hawaii;
(4) State educational facilities improvement special fund;
(5) Special funds established by section 206E-6;
(6) Aloha Tower fund created by section 206J-17;
(7) Funds of the employees' retirement system created by section 88-109;
(8) Hawaii hurricane relief fund established under chapter 431P;
(9) Convention center enterprise special fund established under section 201B-8;
(10) Hawaii health systems corporation special funds and the subaccounts of its regional system boards;
(11) Tourism special fund established under section 201B-11;
(12) Universal service fund established under section 269-42;
(13) Emergency and budget reserve fund under section 328L-3;
(14) Public schools special fees and charges fund under section 302A-1130;
(15) Sport fish special fund under section 187A-9.5;
[[](16)[]] Neurotrauma special fund under section
321H-4;
[[](17)[]] Center for nursing special fund under
section 304A-2163;
[[](18)[]] Passenger facility charge special fund
established by section 261-5.5;
[[](19)[]] Court interpreting services revolving
fund under section 607-1.5;
[[](20)[]] Trauma system special fund under section
321-22.5;
[[](21)[]] Hawaii cancer research special fund;
[[](22)[]] Community health centers special fund;
[[](23)[]] Emergency medical services special
fund;
[[](24)[]] Rental motor vehicle customer facility
charge special fund established under section 261-5.6;
[[](25)[]] Shared services technology special
fund under section 27-43;
[[](26)[]] Nursing facility sustainability
program special fund established pursuant to [[]section
346F-4[]];
[[](27)[]] Automated victim information and notification
system special fund established under section 353-136;
[[](28)[]] Hospital sustainability program
special fund under [[]section 346G-4[]]; [and]
[[](29)[]] Civil monetary penalty special fund under
section 321-30.2[,];and
(30)
Blue Lives Matter special fund under section 52D--F,
shall be responsible for its pro rata share of the administrative expenses incurred by the department responsible for the operations supported by the special fund concerned."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION
6. This Act shall take effect upon its
approval.
INTRODUCED BY: |
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Report Title:
Visitor security surcharge; Aircraft Passenger Tickets
Description:
Establishes a visitor security surcharge on overseas aircraft passenger tickets arriving and departing the state excluding inter-island for the purpose of recruiting and retaining police offices.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.