Bill Text: HI HB1297 | 2021 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Relating To State Finances.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2021-06-29 - Act 106, on 06/24/2021 (Gov. Msg. No. 1208). [HB1297 Detail]

Download: Hawaii-2021-HB1297-Amended.html

---

HOUSE OF REPRESENTATIVES	H.B. NO.	1297
THIRTY-FIRST LEGISLATURE, 2021		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO STATE FINANCES.

 

 

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

 

     SECTION 1.  Section 36-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  [Except as provided in this section, and notwithstanding any other law to the contrary, from time to time, the] 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)]] (1) Center for nursing special fund under section 304A‑2163;

   [(19)]] (2) 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)]] (3) Hospital sustainability program special fund under [[]section 346G-4[]]; and

   [(32)]] (4) 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,]

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 2.  Section 36-30, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(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)]] (20)  Rental motor vehicle customer facility charge special fund established under section 261-5.6;

  [[(25)]](21)  Shared services technology special fund under section 27-43;

  [[(26)]](22)  Nursing facility sustainability program special fund established pursuant to [[]section 346F-4[]];

  [[(27)]](23)  Automated victim information and notification system special fund established under section 353-136;

  [[(28)]](24)  Hospital sustainability program special fund under [[]section 346G-4[]]; and

[[(29)]](25)  Civil monetary penalty special fund under section 321-30.2,

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 3.  Section 245-15, Hawaii Revised Statutes, is amended to read as follows:

     "§245-15  Disposition of revenues.  (a)  All moneys collected pursuant to this chapter shall be paid into the state treasury as state realizations to be kept and accounted for as provided by law; provided that, of the moneys collected under the tax imposed pursuant to:

     (1)  Section 245-3(a)(5), after September 30, 2006, and prior to October 1, 2007, 1.0 cent per cigarette shall be deposited to the credit of the Hawaii cancer research special fund, established pursuant to section 304A-2168, for research and operating expenses and for capital expenditures;

     (2)  Section 245-3(a)(6), after September 30, 2007, and prior to October 1, 2008:

          (A)  1.5 cents per cigarette shall be deposited to the credit of the Hawaii cancer research special fund, established pursuant to section 304A-2168, for research and operating expenses and for capital expenditures;

          (B)  0.25 cents per cigarette shall be deposited to the credit of the trauma system special fund established pursuant to section 321-22.5; and

          (C)  0.25 cents per cigarette shall be deposited to the credit of the emergency medical services special fund established pursuant to section 321‑234;

     (3)  Section 245-3(a)(7), after September 30, 2008, and prior to July 1, 2009:

          (A)  2.0 cents per cigarette shall be deposited to the credit of the Hawaii cancer research special fund, established pursuant to section 304A-2168, for research and operating expenses and for capital expenditures;

          (B)  0.5 cents per cigarette shall be deposited to the credit of the trauma system special fund established pursuant to section 321-22.5;

          (C)  0.25 cents per cigarette shall be deposited to the credit of the community health centers special fund established pursuant to section 321‑1.65; and

          (D)  0.25 cents per cigarette shall be deposited to the credit of the emergency medical services special fund established pursuant to section 321‑234;

     (4)  Section 245-3(a)(8), after June 30, 2009, and prior to July 1, 2013:

          (A)  2.0 cents per cigarette shall be deposited to the credit of the Hawaii cancer research special fund, established pursuant to section 304A-2168, for research and operating expenses and for capital expenditures;

          (B)  0.75 cents per cigarette shall be deposited to the credit of the trauma system special fund established pursuant to section 321-22.5;

          (C)  0.75 cents per cigarette shall be deposited to the credit of the community health centers special fund established pursuant to section 321‑1.65; and

          (D)  0.5 cents per cigarette shall be deposited to the credit of the emergency medical services special fund established pursuant to section 321-234;

     (5)  Section 245-3(a)(11), after June 30, 2013, and prior to July 1, 2015:

          (A)  2.0 cents per cigarette shall be deposited to the credit of the Hawaii cancer research special fund, established pursuant to section 304A-2168, for research and operating expenses and for capital expenditures;

          (B)  1.5 cents per cigarette shall be deposited to the credit of the trauma system special fund established pursuant to section 321-22.5;

          (C)  1.25 cents per cigarette shall be deposited to the credit of the community health centers special fund established pursuant to section 321‑1.65; and

          (D)  1.25 cents per cigarette shall be deposited to the credit of the emergency medical services special fund established pursuant to section 321‑234; and

     (6)  Section 245-3(a)(11), after June 30, 2015, and [thereafter:] prior to July 1, 2021:

          (A)  2.0 cents per cigarette shall be deposited to the credit of the Hawaii cancer research special fund, established pursuant to section 304A-2168, for research and operating expenses and for capital expenditures;

          (B)  1.125 cents per cigarette, but not more than $7,400,000 in a fiscal year, shall be deposited to the credit of the trauma system special fund established pursuant to section 321-22.5;

          (C)  1.25 cents per cigarette, but not more than $8,800,000 in a fiscal year, shall be deposited to the credit of the community health centers special fund established pursuant to section 321‑1.65; and

          (D)  1.25 cents per cigarette, but not more than $8,800,000 in a fiscal year, shall be deposited to the credit of the emergency medical services special fund established pursuant to section 321‑234.

     (b)  The department shall provide an annual accounting of these dispositions to the legislature."

     SECTION 4.  Section 249-31, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  In addition to the annual vehicle registration surcharge fee, for each annual motor vehicle registration fee, the director shall deposit $40 into the state highway fund and $5 into the [emergency medical services special] general fund."

     SECTION 5.  Section 291-11.5, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  Violation of this section shall be considered an offense as defined under section 701-107(5) and shall subject the violator to the following penalties:

     (1)  For a first conviction, the person shall:

          (A)  Be fined not more than $100;

          (B)  Be required by the court to attend a child passenger restraint system safety class conducted by the division of driver education; provided that:

              (i)  The class may include video conferences as determined by the administrator of the division of driver education as an alternative method of education; and

             (ii)  The class shall not exceed four hours;

          (C)  Pay a $50 driver education assessment as provided in section 286G-3;

          (D)  Pay a $10 surcharge to be deposited into the neurotrauma special fund; and

          (E)  Pay up to a $10 surcharge to be deposited into the [trauma system special] general fund if the court so orders;

     (2)  For a conviction of a second offense committed within three years of any other conviction under this section, the person shall:

          (A)  Be fined not less than $100 but not more than $200;

          (B)  Be required by the court to attend a child passenger restraint system safety class not to exceed four hours in length conducted by the division of driver education if the person has not previously attended such a class;

          (C)  Pay a $50 driver education assessment as provided in section 286G-3 if the person has not previously attended a child passenger restraint system safety class conducted by the division of driver education;

          (D)  Pay a $10 surcharge to be deposited into the neurotrauma special fund; and

          (E)  Pay up to a $10 surcharge to be deposited into the [trauma system special] general fund if the court so orders; and

     (3)  For a conviction of a third or subsequent offense committed within three years of any other conviction under this section, the person shall:

          (A)  Be fined not less than $200 but not more than $500;

          (B)  Be required by the court to attend a child passenger restraint system safety class not to exceed four hours in length conducted by the division of driver education if the person has not previously attended such a class;

          (C)  Pay a $50 driver education assessment as provided in section 286G-3 if the person has not previously attended a child passenger restraint system safety class conducted by the division of driver education;

          (D)  Pay a $10 surcharge to be deposited into the neurotrauma special fund; and

          (E)  Pay up to a $10 surcharge to be deposited into the [trauma system special] general fund if the court so orders."

     SECTION 6.  Section 291-11.6, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  A person who fails to comply with the requirements of this section:

     (1)  Shall be subject to:

          (A)  A fine of $45 for each violation; and

          (B)  A surcharge of $10 that shall be deposited into the neurotrauma special fund; and

     (2)  May be subject to a surcharge of up to $10 that shall be deposited into the [trauma system special] general fund."

     SECTION 7.  Section 291-12, Hawaii Revised Statutes, is amended to read as follows:

     "§291-12  Inattention to driving.  Whoever operates any vehicle negligently as to cause a collision with, or injury or damage to, as the case may be, any person, vehicle or other property shall be fined not more than $500 or imprisoned not more than thirty days, or both, and may be subject to a surcharge of up to $100, which shall be deposited into the [trauma system special] general fund."

     SECTION 8.  Section 291-15, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§291-15[]]  Trauma system surcharge.  (a)  In addition to any other civil penalties ordered by the court, a person who violates any offense under this part may be ordered to pay a trauma system surcharge, provided that:

     (1)  The maximum of which may be $10 if the violator is not already required to pay a trauma system surcharge pursuant to the violation of the offense; and

     (2)  The maximum of which may be $100 if the violation is an offense under section 291-12.

     (b)  The surcharge shall not be ordered when the court determines that the defendant is unable to pay the surcharge.

     (c)  The person shall pay the surcharge to the clerk of the court.  The surcharge shall be deposited with the state director of finance who shall transmit the surcharge to the [trauma system special] general fund [pursuant to section 321-22.5]."

     SECTION 9.  Section 291C-2, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  The person shall pay the surcharge to the clerk of the court.  The surcharge shall be deposited with the state director of finance who shall transmit the surcharge to the [trauma system special] general fund [pursuant to section 321‑22.5]."

     SECTION 10.  Section 291C-12, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  For any violation under this section, a surcharge of up to $500 may be imposed, in addition to other penalties, which shall be deposited into the [trauma system special] general fund."

     SECTION 11.  Section 291C-12.5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  For any violation under this section, a surcharge of up to $250 may be imposed, in addition to other penalties, which shall be deposited into the [trauma system special] general fund."

     SECTION 12.  Section 291C-12.6, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  For any violation under this section, a surcharge of up to $100 may be imposed, in addition to other penalties, which shall be deposited into the [trauma system special] general fund."

     SECTION 13.  Section 291C-13, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-13  Accidents involving damage to vehicle or property.  The driver of any vehicle involved in an accident resulting only in damage to a vehicle or other property that is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or as close thereto as possible, but shall forthwith return to, and in every event shall remain at, the scene of the accident until the driver has fulfilled the requirements of section 291C-14.  Every such stop shall be made without obstructing traffic more than is necessary.  For any violation under this section, a surcharge of up to $100 may be imposed, in addition to other penalties, which shall be deposited into the [trauma system special] general fund."

     SECTION 14.  Section 291C-14, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  For any violation under this section, a surcharge of up to $100 may be imposed, in addition to other penalties, which shall be deposited into the [trauma system special] general fund."

     SECTION 15.  Section 291C-15, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-15  Duty upon striking unattended vehicle or other property.  The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended resulting in any damage to the other vehicle or property shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle or other property of the driver's name, address, and the registration number of the vehicle the driver is driving or shall attach securely in a conspicuous place in or on such vehicle or other property a written notice giving the driver's name, address, and the registration number of the vehicle the driver is driving and shall without unnecessary delay notify the nearest police office.  Every such stop shall be made without obstructing traffic more than is necessary.  For any violation under this section, a surcharge of up to $100 may be imposed, in addition to other penalties, which shall be deposited into the [trauma system special] general fund."

     SECTION 16.  Section 291C-16, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  For any violation under this section, a surcharge of up to $100 may be imposed, in addition to other penalties, which shall be deposited into the [trauma system special] general fund."

     SECTION 17.  Section 291C-103, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Any person who violates this section while operating a vehicle at a speed exceeding the posted speed limit by thirty miles per hour or more shall be subject to a fine of not more than $2,000, a term of imprisonment of not more than one year, or both; provided that the following additional penalties shall also apply:

     (1)  For an offense that occurs within five years of a prior conviction, a one-year license suspension;

     (2)  For an offense that occurs within five years of two prior convictions:

          (A)  A three-year license suspension; and

          (B)  A vehicle owned by the defendant and used in the commission of the offense which has been used in at least two prior offenses that resulted in convictions may be ordered by the court to be subject to forfeiture under chapter 712A; and

     (3)  For all offenses under this section, a surcharge of up to $100 may be deposited in the [trauma system special] general fund if the court so orders."

     SECTION 18.  Section 291C-104, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Any person who violates this section shall be fined $250, may be charged with a surcharge of up to $100 to be deposited into the [trauma system special] general fund, and, where the violation involves speeding in a school zone, shall be charged with a surcharge of $25 to be deposited into the safe routes to school program special fund."

     SECTION 19.  Section 291C-105, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Any person who violates this section shall be guilty of a petty misdemeanor and shall be sentenced as follows without the possibility of probation or suspension of sentence:

     (1)  For a first offense not preceded by a prior conviction for an offense under this section in the preceding five years:

          (A)  A fine of not less than $500 and not more than $1,000;

          (B)  Thirty-day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the thirty-day prompt suspension of license, a minimum fifteen-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the thirty-day period, a restriction on the license that allows the person to drive for limited work‑related purposes;

          (C)  Attendance in a course of instruction in driver retraining;

          (D)  A surcharge of $25 to be deposited into the neurotrauma special fund;

          (E)  May be charged a surcharge of up to $100 to be deposited into the [trauma system special] general fund if the court so orders;

          (F)  An assessment for driver education pursuant to section 286G-3; and

          (G)  Either one of the following:

              (i)  Thirty-six hours of community service work; or

             (ii)  Not less than forty-eight hours and not more than five days of imprisonment;

     (2)  For an offense that occurs within five years of a prior conviction for an offense under this section, by:

          (A)  A fine of not less than $750 and not more than $1,000;

          (B)  Prompt suspension of license and privilege to operate a vehicle for a period of thirty days with an absolute prohibition from operating a vehicle during the suspension period;

          (C)  Attendance in a course of instruction in driver retraining;

          (D)  A surcharge of $25 to be deposited into the neurotrauma special fund;

          (E)  May be charged a surcharge of up to $100 to be deposited into the [trauma system special] general fund if the court so orders;

          (F)  An assessment for driver education pursuant to section 286G-3; and

          (G)  Either one of the following:

              (i)  Not less than one hundred twenty hours of community service work; or

             (ii)  Not less than five days but not more than fourteen days of imprisonment of which at least forty-eight hours shall be served consecutively; and

     (3)  For an offense that occurs within five years of two prior convictions for offenses under this section, by:

          (A)  A fine of $1,000;

          (B)  Revocation of license and privilege to operate a vehicle for a period of not less than ninety days but not more than one year;

          (C)  Attendance in a course of instruction in driver retraining;

          (D)  No fewer than ten days but no more than thirty days of imprisonment of which at least forty‑eight hours shall be served consecutively;

          (E)  A surcharge of $25 to be deposited into the neurotrauma special fund;

          (F)  May be charged a surcharge of up to $100 to be deposited into the [trauma system special] general fund if the court so orders; and

          (G)  An assessment for driver education pursuant to section 286G-3."

     SECTION 20.  Section 291E-7, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  The person shall pay the surcharge to the clerk of the court.  The surcharge shall be deposited with the state director of finance who shall transmit the surcharge to the [trauma system special] general fund [pursuant to section 321‑22.5]."

     SECTION 21.  Section 291E-61, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  A person committing the offense of operating a vehicle under the influence of an intoxicant shall be sentenced without possibility of probation or suspension of sentence as follows:

     (1)  For the first offense, or any offense not preceded within a ten-year period by a conviction for an offense under this section or section 291E‑4(a):

          (A)  A fourteen-hour minimum substance abuse rehabilitation program, including education and counseling, or other comparable program deemed appropriate by the court;

          (B)  One-year revocation of license and privilege to operate a vehicle during the revocation period and installation during the revocation period of an ignition interlock device on any vehicle operated by the person;

          (C)  Any one or more of the following:

              (i)  Seventy-two hours of community service work;

             (ii)  No less than forty-eight hours and no more than five days of imprisonment; or

            (iii)  A fine of no less than $250 but no more than $1,000;

          (D)  A surcharge of $25 to be deposited into the neurotrauma special fund; and

          (E)  A surcharge, if the court so orders, of up to $25 to be deposited into the [trauma system special] general fund;

     (2)  For an offense that occurs within ten years of a prior conviction for an offense under this section or section 291E-4(a):

          (A)  Revocation for no less than twenty-four months nor more than three years of license and privilege to operate a vehicle during the revocation period and installation during the revocation period of an ignition interlock device on any vehicle operated by the person;

          (B)  Either one of the following:

              (i)  No less than two hundred forty hours of community service work; or

             (ii)  No less than five days but no more than thirty days of imprisonment, of which at least forty-eight hours shall be served consecutively;

          (C)  A fine of no less than $1,000 but no more than $3,000;

          (D)  A surcharge of $25 to be deposited into the neurotrauma special fund; and

          (E)  A surcharge of up to $50, if the court so orders, to be deposited into the [trauma system special] general fund;

     (3)  In addition to a sentence imposed under paragraphs (1) and (2), any person eighteen years of age or older who is convicted under this section and who operated a vehicle with a passenger, in or on the vehicle, who was younger than fifteen years of age, shall be sentenced to an additional mandatory fine of $500 and an additional mandatory term of imprisonment of forty‑eight hours; provided that the total term of imprisonment for a person convicted under this paragraph shall not exceed the maximum term of imprisonment provided in paragraph (1) or (2), as applicable.  Notwithstanding paragraphs (1) and (2), the revocation period for a person sentenced under this paragraph shall be no less than two years; and

     (4)  If the person demonstrates to the court that the person:

          (A)  Does not own or have the use of a vehicle in which the person can install an ignition interlock device during the revocation period; or

          (B)  Is otherwise unable to drive during the revocation period,

          the person shall be absolutely prohibited from driving during the period of applicable revocation provided in paragraphs (1) to (3); provided that the court shall not issue an ignition interlock permit pursuant to subsection (i) and the person shall be subject to the penalties provided by section 291E-62 if the person drives during the applicable revocation period."

     SECTION 22.  Section 291E-61.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  For a conviction under this section, the sentence shall be either:

     (1)  An indeterminate term of imprisonment of five years; or

     (2)  A term of probation of five years, with conditions to include:

          (A)  Mandatory revocation of license and privilege to operate a vehicle for a period no less than three years but no more than five years;

          (B)  No less than ten days imprisonment, of which at least forty-eight hours shall be served consecutively;

          (C)  A fine of no less than $2,000 but no more than $5,000;

          (D)  Referral to a certified substance abuse counselor as provided in subsection (d);

          (E)  A surcharge of $25 to be deposited into the neurotrauma special fund; and

          (F)  May be charged a surcharge of up to $50 to be deposited into the [trauma system special] general fund if the court so orders.

In addition to the foregoing, any vehicle owned and operated by the person committing the offense shall be subject to forfeiture pursuant to chapter 712A; provided that the department of transportation shall provide storage for vehicles forfeited under this subsection."

     SECTION 23.  Section 304A-2168, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  The following shall be deposited into the special fund:

    [(1)  Moneys collected pursuant to section 245-15;

     (2)] (1)  All [other] fees, charges, and other moneys received in conjunction with programs of the cancer research center of Hawaii;

    [(3)] (2)  Transfers from other accounts or funds; and

    [(4)] (3)  Interest earned or accrued on moneys in the special fund."

     SECTION 24.  Section 321-22.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is established within the state treasury a special fund to be known as the trauma system special fund to be administered and expended by the department of health.  The fund shall consist of:

    [(1)   Surcharges collected pursuant to sections 291-15, 291C-2, and 291E-7;

     (2)  Cigarette tax revenues designated under section 245-15;

     (3)] (1)  Federal funds granted by Congress or executive order for the purpose of this chapter; provided that the acceptance and use of federal funds shall not commit state funds for services and shall not place an obligation upon the legislature to continue the purpose for which the federal funds are made available;

    [(4)] (2)  Funds appropriated by the legislature for this purpose, including grants-in-aid;

    [(5)] (3)  Grants, donations, and contributions from private or public sources for the purposes of the trauma system special fund; and

    [(6)] (4)  Interest on and other income from the fund, which shall be separately accounted for.

     The unexpended and unencumbered moneys in the fund in excess of $7,400,000 on June 30 of each fiscal year shall be transferred by the director of finance into and become a realization of the general fund on that date.  Expenditures from the trauma system special fund shall be exempt from chapters 103D and 103F."

     SECTION 25.  Section 321-1.65, Hawaii Revised Statutes, is repealed.

     ["[§321‑1.65]  Community health centers special fund.  (a)  There is established within the state treasury a special fund to be known as the community health centers special fund to be administered and expended by the department of health.

     (b)  The moneys in the special fund shall be used by the department of health for the operations of federally qualified health centers.

     (c)  Moneys collected pursuant to section 245-15 shall be deposited into the special fund."]

     SECTION 26.  Section 321-234, Hawaii Revised Statutes, is repealed.

     ["§321-234  Emergency medical services special fund.  (a)  There is established within the state treasury a special fund to be known as the emergency medical services special fund to be administered and expended by the department.

     (b)  The moneys in the special fund shall be used by the department for operating a state comprehensive emergency medical services system including enhanced and expanded services, and shall not be used to supplant funding for emergency medical services authorized prior to [July 1, 2004].

     (c)  Fees remitted pursuant to section 249-31, cigarette tax revenues designated under section 245-15, interest and investment earnings attributable to the moneys in the special fund, legislative appropriations, and grants, donations, and contributions from private or public sources for the purposes of the fund, shall be deposited into the special fund.

     (d)  The department shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session that outlines the receipts of, and expenditures from, the special fund."]

     SECTION 27.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2021-2022 for operating expenses.

The sum appropriated shall be expended by the department of health for the purposes of this Act.

     SECTION 28.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 29.  This Act shall take effect on July 1, 2021.

 

Report Title:

State Finances; Special Funds; General Fund; Central Services Expenses; Appropriation

 

Description:

Makes certain special funds subject to deductions for central service expenses into the general fund.  Repeals the community health centers special fund and emergency medical services special fund.  Beginning 7/1/2021, transfers to the credit of the general fund any amounts allocated to those special funds, including amounts allocated from the cigarette tax and tobacco tax to those special funds.  Beginning 7/1/2021 transfers to the credit of the general fund surcharges and cigarette tax revenue allocated to the trauma systems special fund.  Makes a general fund appropriation to the department of health for operating expenses.  (HD1)

 

 

 

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