Bill Text: HI HB1299 | 2021 | Regular Session | Introduced
Bill Title: Relating To Non-general Funds.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2021-07-21 - Act 009, Special Session 2021, 07/20/21 (Gov. Msg. No. 3). [HB1299 Detail]
Download: Hawaii-2021-HB1299-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1299 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to non-general funds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I. INTRODUCTION
SECTION 1. The COVID-19 pandemic has swept across the nation and many parts of the world with unanticipated force and brought with it enormous challenges for governments at all levels. These challenges provide opportunities to restructure.
The legislature finds that, fundamentally, non-general funds must be reviewed and scrutinized just as much as general funds to determine if resources are being deployed effectively and efficiently.
The purpose of this Act is to trigger a full accounting of various non-general funded program objectives, performance, and results by repealing or abolishing those non-general funds.
PART II. DEPARTMENT OF AGRICULTURE
SECTION 2. Section 145-38, Hawaii Revised Statutes, is amended to read as follows:
"[[]§145-38[]] Civil penalty. Any
person who violates any provision of this part or rule adopted pursuant to
section 145‑39 shall be subject to a civil penalty in an amount not to
exceed $1,000 per violation. In
determining the amount of any civil penalty, the board of agriculture shall give
due consideration to:
(1) The history of the person's previous violations;
(2) The seriousness of the violation; and
(3) The demonstrated good faith of the person charged in attempting to achieve compliance with this part after being notified of the violation.
The
penalty shall be collected by the department, and the proceeds shall be
deposited into the [agricultural development and food security special fund
established pursuant to section 141-10.] general fund."
SECTION 3. Section 155-4, Hawaii Revised Statutes, is amended to read as follows:
"§155-4 Powers and duties of the department. The department of agriculture shall have the following powers:
(1) Employ a
secretary, who may be exempt from chapter 76, and other full-time and part-time
employees, subject to chapter 76, as are necessary to effectuate the purposes
of this chapter, subject [further to the limitation of funds in the
agricultural loan reserve fund;] to available funds;
(2) Designate agents throughout the State as may be necessary for property appraisal, the consideration of loan applications, and the supervision of farming operations of borrowers. The agents may be compensated for their services at rates the department in its discretion may fix;
(3) Initiate and carry on a continuing research and education program, utilizing and coordinating the services and facilities of other government agencies and private lenders to the maximum, to inform qualified farmers concerning procedures for obtaining loans and to inform private lenders concerning the advantages of making loans to qualified farmers;
(4) Cooperate with private and federal government farm loan sources to increase the amount of loan funds available to qualified farmers in the State;
(5) Assist individual qualified farmers in obtaining loans from other sources. Insofar as available funds and staff permit, counsel and assist individual farmers in establishing and maintaining proper records to prove their farming ability for loan purposes;
(6) Insure loans made to qualified farmers and food manufacturers by private lenders under section 155-5;
(7) Participate in loans made to qualified farmers and food manufacturers by private lenders under section 155-6;
(8) Make direct loans to qualified farmers and food manufacturers under section 155-8;
(9) Borrow money for loan purposes;
(10) Assign and sell mortgages;
(11) Hold title to, maintain, use, manage, operate, sell, lease, or otherwise dispose of personal and real property acquired by way of foreclosure, voluntary surrender, or otherwise, to recover moneys loaned;
(12) Sue and be sued in the name of the "State of Hawaii";
(13) Exercise incidental powers as are deemed necessary or requisite to fulfill its duty in carrying out the purposes of this chapter;
(14) Delegate authority to its chairperson to approve loans, where the requested amount plus any principal balance on existing loans to the applicant, does not exceed $25,000 of state funds; and
(15) Adopt rules
pursuant to chapter 91 necessary for the purpose of this chapter."
SECTION 4. Section 219-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The department shall have the necessary powers to carry out the purposes of this chapter, including the following:
(1) Prescribe the qualifications for eligibility of applicants for loans;
(2) Establish preferences and priorities in determining eligibility for loans and loan repayment requirements;
(3) Establish the conditions, consistent with the purpose of this chapter, for the granting or for the continuance of a grant of a loan;
(4) Provide for inspection at reasonable hours of the plant facilities, books, and records of an enterprise that has applied for or has been granted a loan and require the submission of progress and final reports;
(5) Make loans for aquacultural products development, such as financing of plant construction, conversion, expansion, the acquisition of land for expansion, the acquisition of equipment, machinery, supplies, or materials or for the supplying of working capital, consistent with section 219-6;
(6) Secure loans by duly recorded first mortgages upon the following property within the State:
(A) Fee simple farm land;
(B) Leaseholds of farm land where the lease has an unexpired term at least two years longer than the term of the loan;
(C) Aquaculture products;
(D) Other chattels;
(E) A second mortgage when any prior mortgage does not contain provisions that might jeopardize the security position of the department or the borrower's ability to repay; and
(F) Written agreements, such as assignments of income;
[(7) Administer the
Hawaii aquaculture loan revolving fund and deposit into the fund all moneys
received on account of principal;
(8)] (7) Include in its budget for subsequent
fiscal periods amounts necessary to effectuate the purposes of this chapter;
[(9)] (8)
Insure loans made to qualified aquaculturists by private lenders
under sections 219-7 and 219-8; provided that at no time shall the aggregate amount
of the State's liability, contingent or otherwise, on these loans exceed
$1,000,000;
[(10)] (9)
Participate in loans made to qualified aquaculturists by private
lenders under section 219-8;
[(11)] (10)
Make direct loans to qualified aquaculturists as provided under
section 219-9;
[(12)] (11) Establish interest rates chargeable by
the State for direct loans and by private lenders for insured and participation
loans; and
[(13)] (12) Maintain a proper reserve in the
aquaculture loan revolving fund to guarantee payment of loans insured under sections
219-7 and 219-8."
SECTION 5. Section 141-2.7, Hawaii Revised Statutes, is repealed.
["[§141-2.7] Aquaculture
development special fund. (a) There is established in the state treasury
the aquaculture development special fund into which shall be deposited:
(1) Appropriations from
the legislature;
(2) Moneys
collected as fees for special microbiological and histological procedures and
expert aquaculture-related services;
(3) Moneys
collected from the sale of any item related to aquaculture development that is
purchased from the department;
(4) Moneys directed
to the aquaculture development program from any other sources, including but
not limited to grants, gifts, and awards; and
(5) Moneys derived
from interest, dividend, or other income from the above sources.
(b) Moneys in the aquaculture development special
fund shall be used to:
(1) Implement the
aquatic disease management programs and activities of the department, including
provision of state funds to match federal grants; and
(2) Support research
and development programs and activities relating to the expansion of the state
aquaculture industry. Research and
development programs and activities funded under this paragraph may be
conducted by department personnel or through contracts with the University of
Hawaii or other qualified persons."]
SECTION 6. Section 141-10, Hawaii Revised Statu`tes, is repealed.
["§141-10 Agricultural development and food security
special fund; establishment. (a)
There is established within the state treasury the agricultural development and
food security special fund.
(b) The following moneys shall be deposited into
the special fund:
(1) The portion of the environmental response,
energy, and food security tax specified under section 243-3.5;
(2) Any appropriation by the legislature into
the special fund;
(3) Any grant or donation made to the special
fund; and
(4) Any interest earned on the balance of the
special fund.
(c) Subject to legislative appropriation, moneys
in the special fund may be expended for the following purposes:
(1) The awarding of grants to farmers for
agricultural production or processing activity;
(2) The acquisition of real property for
agricultural production or processing activity;
(3) The improvement of real property, dams,
reservoirs, irrigation systems, and transportation networks necessary to
promote agricultural production or processing activity, including investigative
studies to identify and assess necessary improvements to dams, reservoirs,
irrigation systems, and transportation networks;
(4) The purchase of equipment necessary for
agricultural production or processing activity;
(5) The conduct of research on and testing of
agricultural products and markets;
(6) The funding of agricultural inspector positions
within the department of agriculture;
(7) The promotion and marketing of agricultural
products grown or raised in the State;
(8) Water quality testing and improvement; and
(9) Any
other activity intended to increase agricultural production or processing that may
lead to reduced importation of food, fodder, or feed from outside the State.
(d) The department of agriculture shall submit a
report to the legislature no later than twenty days prior to the convening of
each regular session on the status and progress of existing programs and activities
and the status of new programs and activities funded under the agricultural
development and food security special fund. The report shall also include:
(1) The spending
plan of the agricultural development and food security special fund;
(2) All
expenditures of agricultural development and food security special fund moneys;
(3) The targeted
markets of the expenditures, including the reason for selecting those markets;
(4) The persons to
be served using the expenditures; and
(5) The specific objectives
of the expenditures, including measurable outcomes."]
SECTION 7. Section 141-14, Hawaii Revised Statutes, is repealed.
["[§141-14] Industrial hemp special fund; established. (a)
There is created in the state treasury a special fund to be designated
as the industrial hemp special fund to be administered by the department of
agriculture. Moneys deposited in this
special fund shall be used to fulfill the purposes of this part and shall
include:
(1) Any moneys appropriated
by the legislature to the special fund;
(2) Any fees
collected by the department of agriculture in relation to the industrial hemp
pilot program; and
(3) The interest or
return on investments earned from moneys in the special fund.
(b) The department of agriculture may use the
moneys in the special fund to carry out the purposes of this part, including
hiring employees, specialists, and consultants necessary to complete projects
related to the purposes of this part."]
SECTION 8. Section 142-3.6, Hawaii Revised Statutes, is repealed.
["[§142‑3.6] Animal
industry special fund. There
is established the animal industry special fund to be administered by the board
of agriculture. Moneys received by the
board of agriculture from:
(1) The use or rental
of the division of animal industry's properties or facilities, including the
animal quarantine property or facilities pursuant to section 142-3.5; or
(2) Appropriations
or other moneys made available,
shall be deposited into the special fund. All interest earned or accrued on moneys
deposited in the special fund shall become part of the special fund. Moneys in the special fund shall be expended
to cover costs of the division of animal industry, including the costs of
salaries, fringe benefits, operating expenses, equipment, motor vehicles,
contract with any qualified person or entity for livestock handling services,
and operating and maintenance of the animal industry facilities; provided that
moneys in the special fund may be used to fund the department's resource
management and planning programs. A reserve
shall be maintained in the special fund to cover contingency costs, including
accrued vacation leave, unemployment insurance, and workers' compensation."]
SECTION 9. Section 142-28.5, Hawaii Revised Statutes, is repealed.
["§142-28.5 Animal quarantine
special fund. There is
established the animal quarantine special fund to be administered by the board
of agriculture. Moneys received by the
board of agriculture from:
(1) Fees for the
quarantine of cats, dogs, and other carnivores pursuant to this chapter;
(2) Moneys received
for the use of animal quarantine property or facilities pursuant to section
142-3.5; or
(3) State
appropriations or other moneys made available,
shall be deposited into the special fund. All interest earned or accrued on moneys
deposited in the special fund shall become part of the special fund. Moneys in the special fund shall be expended
to cover all costs of quarantine but not limited to the costs of salaries, fringe
benefits, operating expenses, including the defraying of quarantine fees,
equipment, motor vehicles, contract with any qualified person or entity for
animal care services, operation and maintenance of the quarantine station, and
promotional expenses. A reserve shall be
appropriated and maintained in the special fund to cover contingency costs,
including but not limited to accrued vacation leave, unemployment insurance,
and workers' compensation."]
SECTION 10. Section 148-67, Hawaii Revised Statutes, is repealed.
["[§148-67] Seal of quality
special fund. (a)
There is established in the state treasury the seal of quality special
fund, into which shall be deposited:
(1) All revenues
from the operations of the seal of quality program established under section
148-61;
(2) Fines collected
under section 148-66; and
(3) Any
appropriations made by the legislature to the fund.
(b) Moneys in the special fund may be expended
for all costs associated with the seal of quality program, including:
(1) Conducting
trade shows, retail shows, conferences, seminars, and other promotional
activities;
(2) Expenses for
designs, program labels, items and materials, displays, brochures, media advertisements,
inspection, and review and investigative activities relating to application and
enforcement of the program;
(3) Printing,
mailing, airfare and per diem, lei, decors, rental of facilities and audio
visual equipment, display and booth fees, participation fees, general supplies;
and
(4) Any other expense
necessary to administer the program."]
SECTION 11. Section 150A-4.5, Hawaii Revised Statutes, is repealed.
["§150A-4.5 Pest inspection,
quarantine, and eradication fund. (a) There is established in the state treasury
the pest inspection, quarantine, and eradication fund, into which shall be deposited:
(1) Legislative
appropriations for biosecurity and inspection, quarantine, and eradication
services;
(2) Service fees,
charges, and penalties collected under section 150A-5.3;
(3) Fees imposed for
services pursuant to this chapter or rules adopted under this chapter;
(4) Fines for violations
of this chapter;
(5) Federal funds
received for biosecurity, pest inspection, control, management, quarantine, and
eradication programs;
(6) Grants
and gifts;
(7) All
interest earned or accrued on moneys deposited in the fund; and
(8) Any
other moneys made available to the fund.
(b) The moneys in the pest inspection,
quarantine, and eradication fund shall be expended by the department for the operation
of biosecurity and pest inspection, quarantine, eradication, and monitoring
programs; the electronic importer manifest program; related facilities; the
execution of emergency remedial measures when pests are detected in the course
of inspection and quarantine activities by the department; training of inspectors;
education of the agricultural industry, permit and certificate holders, and the
general public as to import requirements; and for any other purposes deemed
necessary to carry out the purposes of this chapter. In addition, the moneys shall be expended to facilitate
the processing and issuance of permits and microorganism import documents and
for the operations, activities, and monitoring of permitted and certified
plants, animals, and microorganisms."]
SECTION 12. Section 155-14, Hawaii Revised Statutes, is repealed.
["§155-14 Funds; application of
payments. (a) There is created a special fund to be known
as the agricultural loan revolving fund, from which moneys shall be loaned by
the department of agriculture under this chapter. The department, by its board of agriculture,
may transfer moneys from the agricultural loan revolving fund to the
aquaculture loan revolving fund, from which moneys shall be disbursed by the
department pursuant to chapter 219, and may transfer moneys from that revolving
fund to the agricultural loan revolving fund for disbursement pursuant to this
chapter; provided that:
(1) The amount of
moneys transferred shall not exceed $1,000,000 for each revolving fund within
the calendar year; and
(2) Twenty days
prior to the convening of each regular session of the legislature, the
department shall report to the legislature all transfers that were made between
the agricultural loan revolving fund and the aquaculture loan revolving fund
during the preceding calendar year and the balance of each revolving fund as of
December 31 of each year.
(b) All interest and fees collected by the
department shall be deposited in the agricultural loan reserve fund to the
extent needed to carry on the operations of the department including payments
for consultative services that would strengthen the agriculture loan program;
any moneys surplus to these needs shall be transferred to the agricultural loan
revolving fund at the discretion of the department. All payments received on account of principal
shall be credited to the agricultural loan revolving fund.
(c) A proper reserve shall be maintained in the
agricultural loan revolving fund to guarantee payment of loans under section
155-5.
(d) All funds of the department shall be paid out
on warrants signed by the chairperson of the board of agriculture."]
SECTION 13. Section 155-34, Hawaii Revised Statutes, is repealed.
["[§155‑34] Hawaii water
infrastructure special fund. (a) There is established the Hawaii water
infrastructure special fund into which shall be deposited:
(1) Water infrastructure charges received for
the use and services of the loan program, including the repayment of loans made
under the loan program;
(2) All other funds received
by the department and legally available for the purposes of the water infrastructure
special fund;
(3) Interest earnings
on all amounts in the water infrastructure special fund; and
(4) Any other moneys permitted by the board of
agriculture.
(b) Moneys in the water infrastructure special
fund may be used for the purposes of:
(1) Making water infrastructure loans;
(2) Paying administrative costs of the loan
program; or
(3) Paying any other costs related to the loan
program."]
SECTION 14. Section 157-29, Hawaii Revised Statutes, is repealed.
["§157-29 Milk control special
fund. There is established
the milk control special fund to be administered by the board of agriculture. All moneys received by the board of
agriculture as application fees and for licenses or otherwise under this
chapter, and any state appropriations or other moneys made available to carry
out the purposes of this chapter, shall be deposited into the special fund. All interest earned or accrued on moneys
deposited in the special fund shall become part of the special fund. Moneys in the special fund shall be expended
to cover all costs of administering this chapter including but not limited to
the costs of salaries, fringe benefits, operating expenses, equipment, motor vehicles,
contracts for services, and promotional expenses. Moneys in the special fund may be transferred
to the general fund for salaries and fringe benefits of other state employees
assisting in administering this chapter and other related costs. A reserve in an amount of not less than
$300,000 shall be maintained in the special fund to cover contingency costs
including but not limited to accrued vacation leave, audits, unemployment
insurance, and workers' compensation."]
SECTION 15. Section 166-10, Hawaii Revised Statutes, is repealed.
["§166-10 Agricultural park
special fund. (a) There is created in the state treasury a special
fund to be designated as the agricultural park special fund. The proceeds in the fund shall be used for
the following purposes:
(1) Payment of
agricultural park lease rents of privately owned lands under lease to the State
pursuant to sections 171-112 and 166-3;
(2) Establishing,
operating, maintaining, and improving infrastructure improvements in
agricultural parks designated by the department pursuant to section 166-3; and
(3) Any other
purposes deemed necessary by the department for the purpose of maintaining and
operating those agricultural parks and related facilities designated by the
department pursuant to section 166-3.
For the purpose of paragraph (2),
infrastructure improvements may include, but shall not be limited to: irrigation water system projects, wind power
or hydro power and pumping systems, waste disposal systems, domestic water
systems, roads, street lights, land and roads drainage, and bridges.
(b) Moneys appropriated for the purpose of the
fund; any other provision of the law to the contrary notwithstanding, all
moneys received or collected from an agricultural park project designated
pursuant to section 166-3, including residential and agricultural lot lease
rents; and all money collected or received by the department for the use and
maintenance of domestic and irrigation water systems within an agricultural
park and other systems enumerated in subsection (a) shall be deposited into the
agricultural park special fund. All
interest earned or accrued on moneys deposited in the fund shall become a part
of the fund. Moneys in the fund shall be
expended upon warrants drawn by the comptroller."]
SECTION 16. Section 166E-7, Hawaii Revised Statutes, is repealed.
["[§166E-7] Non-agricultural
park lands special fund; established. (a) There is established in the state treasury
the non-agricultural park lands special fund, into which shall be deposited:
(1) Legislative
appropriations to the fund; and
(2) All lease rent,
fees, penalties, and any other revenue or funds collected from non-agricultural
park lands that are transferred, or in the process of being transferred, to the
department under this chapter.
(b) Moneys in the special fund shall be used to
defray the costs incurred in managing, administering, and overseeing
non-agricultural park lands that are transferred, or in the process of being
transferred, to the department under this chapter.
(c) The department shall administer the non-agricultural
park lands special fund."]
SECTION 17. Section 219-4, Hawaii Revised Statutes, is repealed.
["§219-4 Funds; application of
payments. (a) There is established a special fund to be
known as the aquaculture loan revolving fund from which moneys shall be loaned
by the department of agriculture under this chapter. The department, by its board of agriculture,
may transfer moneys from the aquaculture loan revolving fund to the agricultural
loan revolving fund, from which moneys shall be disbursed by the department
pursuant to chapter 155, and may transfer moneys from that revolving fund to
the aquaculture loan revolving fund for disbursement pursuant to this chapter;
provided that:
(1) The amount of moneys
transferred shall not exceed $1,000,000 for each revolving fund within the
calendar year; and
(2) Twenty days
prior to the convening of each regular session of the legislature, the
department shall report to the legislature all transfers that were made between
the aquaculture loan revolving fund and the agricultural loan revolving fund
during the preceding calendar year and the balance of each revolving fund as of
December 31 of each year.
(b) All interests and fees collected by the
department shall be deposited in a loan reserve fund to the extent needed to
carry on the operations of this program; any moneys surplus to these needs
shall be transferred to the aquaculture loan revolving fund at the discretion
of the department. All payments received
on account of principal shall be credited to the loan revolving fund."]
SECTION 18. Sections 142-3.5, 150A-5.3, 150A-5.4(b), 150A‑7.6(b), 150A-21, 150A-23, 150A-31, 150A-42, 150A-54(a), 155-6.5(a), and 171-117(b), Hawaii Revised Statutes, are amended by substituting the words "general fund" or similar term, wherever the words "animal industry special fund, established pursuant to section 142‑3.6, and used to defray the operational costs of the department of agriculture's division of animal industry", "pest inspection, quarantine, and eradication fund under section 150A-4.5", "pest inspection, quarantine, and eradication fund established under section 150A-4.5", "pest inspection, quarantine, and eradication fund", "pest inspection, quarantine, and eradication fund established pursuant to section 150A-4.5", "agricultural loan reserve fund", "agricultural park special fund established under section 166-10", or similar term, appears, as the context requires.
SECTION 19. The following funds (appropriation code) are abolished:
(1) Food production & export strategic pln (S-353-A);
(2) Financial assistance for agr (S-334-A);
(3) Agr dev/food security – pi (S-333-A);
(4) Biosecurity program (S-312-A);
(5) Agr dev/food security – arm (S-335-A);
(6) Agricultural dev & food security spec fd (S-352-A);
(7) Quality and price assurance (S-329-A);
(8) Agribusiness development & research (S-337-A);
(9) Agr dev/food security – add (S-321-A);
(10) Farm to school program (S-364-A);
(11) General administration for agriculture (S-319-A);
(12) Measurement standards (S-309-A); and
(13) Measurement standards (S-330-A),
and any unencumbered balances shall lapse to the credit of the general fund.
PART III. DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM
SECTION 20. Section 87A-42, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) In any fiscal year subsequent to the 2017-2018
fiscal year in which a county public employer's contributions into the fund are
less than the amount of the annual required contribution, the amount that
represents the excess of the annual required contribution over the county
public employer's contributions shall be deposited into the fund from a portion
of all transient accommodations tax revenues collected by the department of
taxation under section [237D-6.5(b)(4).] 237D‑6.5(b)(2). The director of finance shall deduct the
amount necessary to meet the county public employer's annual required
contribution from the revenues derived under section [237D‑6.5(b)(4)]
237D-6.5(b)(2) and transfer the amount to the board for deposit into the
appropriate account of the separate trust fund."
SECTION 21. Section 196-61, Hawaii Revised Statutes, is amended by deleting the definition of "Green infrastructure special fund".
[""Green
infrastructure special fund" means the special fund created pursuant to
section 196-65."]
SECTION 22. Section 196-62.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
SECTION 23. Section 196-64, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) In
the performance of, and with respect to the functions, powers, and duties
vested in the authority by this part, the authority, as directed by the director
and in accordance with a green infrastructure loan program order or orders
under section 269-171 or an annual plan submitted by the authority pursuant to
this section, as approved by the public utilities commission may:
(1) Make loans and expend funds to finance the
purchase or installation of green infrastructure equipment for clean energy
technology, demand response technology, and energy use reduction and demand
side management infrastructure, programs, and services;
[(2) Hold and invest moneys in the green infrastructure
special fund in investments as permitted by law and in accordance with approved
investment guidelines established in one or more orders issued by the public
utilities commission pursuant to section 269-171;
(3)] (2) Hire employees necessary to perform its
duties, including an executive director.
The executive director shall be appointed by the authority, and the employees'
positions, including the executive director's position, shall be exempt from
chapter 76;
[(4)] (3)
Enter into contracts for the service of
consultants for rendering professional and technical assistance and advice, and
any other contracts that are necessary and proper for the implementation of the
loan program;
[(5)] (4)
Enter into contracts for the administration of the loan program, without
the necessity of complying with chapter 103D;
[(6)] (5)
Establish loan program guidelines to be approved in one or more orders
issued by the public utilities commission pursuant to section 269-171 to carry
out the purposes of this part;
[(7)] (6)
Be audited at least annually by a firm of
independent certified public accountants selected by the authority, and provide
the results of this audit to the department and the public utilities commission;
and
[(8)] (7) Perform all functions necessary to effectuate
the purposes of this part."
SECTION 24. Section 196-66, Hawaii Revised Statutes, is amended as follows:
1. By amending its title to read:
"[[]§196-66[]
Use of] Effectuation of the Hawaii green infrastructure [special
fund;] loan program; application."
2. By amending subsection (c) to read:
"(c) In accordance with an approved green infrastructure
loan program order or orders, the authority shall utilize [the proceeds of
bonds and other amounts deposited in the Hawaii green infrastructure special
fund pursuant to [section] 196-65, or to the extent permitted by a financing
order,] available funds to pay financing costs, as defined in
section 269-161."
SECTION 25. Section 206M-17, Hawaii Revised Statutes, is amended to read as follows:
"§206M-17 Revenue bond fund accounts. The development corporation shall establish
separate special funds in accordance with section 39-62 for the deposit of the proceeds
of special purpose revenue bonds and special facility revenue bonds authorized
under this part and [[]part III[]] respectively. The development corporation shall have the
right to appropriate, apply, or expend the revenues derived with respect to the
project agreement for a project for the following purposes:
(1) To pay when due all special purpose revenue bonds and special facility revenue bonds, premiums, if any, and interest thereon, for the payment of which the revenues are or have been pledged, charged, or otherwise encumbered, including reserves therefor; and
(2) To the extent not paid by the qualified person to provide for all expenses of administration, operation, and maintenance of the project, including reserves therefor.
[Unless and until adequate
provision has been made for the foregoing purposes, the development corporation
shall not transfer the revenues derived from the project agreement to the technology
special fund of the State.]"
SECTION 26. Section 206M-45, Hawaii Revised Statutes, is amended to read as follows:
"§206M-45 Special facility revenue bonds. All special facility revenue bonds authorized to be issued under this part shall be issued pursuant to part III of chapter 39, except as follows:
(1) No revenue bonds shall be issued unless at the time of issuance, the development corporation has entered into a special facility lease with respect to the special facility for which the revenue bonds are to be issued;
(2) The revenue bonds shall be issued in the name of the development corporation and not in the name of the State;
(3) No further authorization of the legislature shall be required for the issuance of the special facility revenue bonds, but the approval of the governor shall be required for the issuance;
(4) The revenue bonds shall be payable solely from and secured solely by the revenues derived by the development corporation from the special facility for which they are issued;
(5) The final maturity date of the revenue bonds shall not be later than either the estimated life of the special facility for which the revenue bonds are issued or the expiration of the initial term of the special facility lease;
(6) If deemed necessary or advisable by the development corporation, or to permit the obligations of the other party to the special facility lease to be registered under the U.S. Securities Act of 1933, the development corporation, with the approval of the director of finance, may appoint a national or state bank within or without the State to serve as trustee for the holders of the revenue bonds and may enter into a trust indenture or trust agreement with the trustee. The trustee may be authorized by the development corporation to collect, hold, and administer the revenues derived from the special facility for which the revenue bonds are issued and to apply the revenues to the payment of the principal and interest on the revenue bonds. In the event that any trustee shall be appointed, any trust indenture or trust agreement entered into by the development corporation with the trustee may contain the covenants and provisions authorized by part III of chapter 39 to be inserted in a resolution adopted or certificate issued, as though the words "resolution" or "certificate" as used in that part read "trust indenture or trust agreement".
The covenants and provisions shall not be required to be included in the resolution or certificate authorizing the issuance of the revenue bonds if included in the trust indenture or trust agreement. Any resolution or certificate, trust indenture, or trust agreement adopted, issued, or entered into by the development corporation pursuant to this part may also contain any provisions required for the qualification thereof under the U.S. Trust Indenture Act of 1939. The development corporation may pledge and assign to the trustee the special facility lease and the rights of the development corporation including the revenues thereunder;
(7) If the development corporation, with the approval of the director of finance, shall have appointed or shall appoint a trustee for the holders of the revenue bonds, then notwithstanding the provisions of section 39-68, the director of finance may elect not to serve as fiscal agent for the payment of the principal and interest, and for the purchase, registration, transfer, exchange, and redemption of the revenue bonds, or may elect to limit the functions the director of finance shall perform as the fiscal agent. The development corporation, with the approval of the director of finance, may appoint the trustee to serve as the fiscal agent, and may authorize and empower the trustee to perform the functions with respect to payment, purchase, registration, transfer, exchange, and redemption, that the development corporation may deem necessary, advisable, or expedient, including, without limitation, the holding of the revenue bonds and coupons, if any, that have been paid and the supervising and conducting of the destruction thereof in accordance with sections 40-10 and 40-11. Nothing in this paragraph shall be a limitation upon or construed as a limitation upon the powers granted in paragraph (6) to the development corporation with the approval of the director of finance to appoint the trustee, or granted in sections 36-3, 39-13, and 39-68 to the director of finance to appoint the trustee or others, as fiscal agents, paying agents, and registrars for the revenue bonds or to authorize and empower the fiscal agents, paying agents, and registrars to perform the functions referred to in paragraph (6) and sections 36-3, 39-13, and 39-68, it being the intent of this paragraph to confirm that the director of finance may elect not to serve as fiscal agent for the revenue bonds or may elect to limit the functions the director of finance shall perform as the fiscal agent, that the director of finance may deem necessary, advisable, or expedient;
(8) The development corporation may sell the revenue bonds either at public or private sale;
(9) If no trustee is appointed
to collect, hold, and administer the revenues derived from the special facility
for which the revenue bonds are issued, the revenues shall be held in a
separate account in the treasury of the State[, separate and apart from the
technology special fund,] to be applied solely to the carrying out of the
resolution, certificate, trust indenture, or trust agreement authorizing or
securing the revenue bonds;
(10) If the resolution, certificate, trust indenture, or trust agreement provides that no revenue bonds issued thereunder shall be valid or obligatory for any purpose unless certified or authenticated by the trustee for the holders of the revenue bonds, the signatures of the officers of the State upon the bonds required by section 39-56 may be facsimiles of their signatures;
(11) Proceeds of the revenue bonds may be used and applied by the development corporation to reimburse the other party to the special facility lease for all preliminary costs and expenses, including architectural and legal costs; and
(12) If the special facility lease requires the other party to operate, maintain, and repair the special facility that is the subject of the lease, at the other party's expense, the requirement shall constitute compliance by the development corporation with section 39-61(a)(2), and none of the revenues derived by the development corporation from the special facility shall be required to be applied to the purposes of section 39-62(2). Sections 39-62(4), 39-62(5), and 39-62(6) shall not apply to the revenues derived from a special facility lease."
SECTION 27. Section 227D-3, Hawaii Revised Statutes, is amended to read as follows:
"§227D-3 Powers of the authority. The authority may:
(1) Sue and be sued;
(2) Have a seal and alter the same at its pleasure;
(3) Promote the use of the geothermal energy and natural resources sites for the purposes provided by law;
(4) Through its executive director appoint officers, agents and employees without regard to chapter 76 and to establish the salaries therefor;
(5) Adopt rules under chapter 91 necessary to effectuate this chapter in connection with its operation, facilities, parks, properties, and projects;
(6) Make, execute, enter into, amend, supplement, and carry out contracts and all other instruments, including concessions for cell towers, necessary or convenient for the exercise of its powers and functions under this chapter with any private person, firm, partnership, association, company, or corporation only as it may be necessary in the conduct of its business and on such terms as it may deem appropriate; provided that the authority shall not obligate any funds of the State except as have been appropriated to it. Notwithstanding the foregoing, the authority may enter into and perform such contracts, leases, cooperative agreements, or other transactions with any agency or instrumentality of the United States, a foreign nation, a state, a territory, or a possession, or with any political subdivision thereof;
(7) Accept, hold, or expend gifts or grants in any form from any public agency or private source, or from any other source;
(8) Impose and collect fees pertaining to the use of properties and facilities of the authority;
(9) Formulate budgets to provide for the operation of the facilities of the authority;
(10) Submit an annual report to the governor and the legislature at least twenty days prior to the convening of each regular session;
(11) Acquire, own, lease, hold, clear, improve, and rehabilitate real, personal, or mixed property and assign, exchange, transfer, convey, lease, sublease, or encumber any project including by way of easements;
(12) Construct, reconstruct, rehabilitate, improve, alter, or repair, or provide for the construction, reconstruction, rehabilitation, improvement, alteration, or repair of any project and designate a qualified person as its agent for this purpose, and own, hold, assign, transfer, convey, exchange, lease, sublease, or encumber any project;
(13) Arrange or initiate appropriate action for the planning, replanning, opening, grading, or closing of streets, roads, roadways, alleys, easements, or other places, the furnishings or improvements, the acquisition of property or property rights, or the furnishing of property or services in connection with a research and technology park;
(14) Prepare or cause to be prepared plans, specifications, designs, and estimates of cost for the construction, reconstruction, rehabilitation, improvement, alteration, or repair of any project or research and technology park, and from time to time, modify these plans, specifications, designs, or estimates;
(15) Engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;
(16) Procure insurance against any loss in connection with its properties and other assets and operations in amounts and from insurers as it deems desirable;
(17) Issue bonds pursuant to this chapter in principal amounts as may be authorized from time to time by law to finance the cost of a project, including the repair or addition to its parks and facilities as authorized by law and to provide for the security thereof as permitted by this chapter;
(18) Lend or otherwise apply the proceeds of the bonds issued for a project or a research and technology park either directly or through a trustee or a qualified person for use and application in the acquisition, construction, installation, or modification of a project or research and technology park, or agree with the qualified person whereby any of these activities shall be undertaken or supervised by that qualified person or by a person designated by the qualified person;
(19) With or without terminating a project agreement, exercise any and all rights provided by law for entry and reentry upon or to take possession of a project at any time or from time to time upon breach or default by a qualified person under a project agreement;
(20) Create an environment that supports appropriate natural resource utilization and results in economic development, including:
(A) Supporting research projects and facilitating the transition from research and development to pilot scale and then to full commercial operation of companies using the natural resources available at the research and technology parks;
(B) Developing educational and conservation programs;
(C) Supporting commercialization of the natural resources available at the research and technology parks, if the commercialization is compatible with the research, development, and other retail, commercial, and tourism activities of the research and technology parks;
(D) Identifying issues and impediments to the development of natural resource utilization; and
(E) Providing policy analysis and information important to the development of natural resource utilization in Hawaii;
(21) Develop programs that support projects and companies which locate at the research and technology parks;
(22) Attract appropriate new uses of the natural resources in Hawaii, including retail, commercial, and tourism activities;
(23) Acquire, hold, and
sell qualified securities; provided [that the authority shall not acquire
qualified securities using authority funds or capital or moneys of the natural
energy laboratory of Hawaii authority special fund; provided further] that
the authority shall not acquire, hold, or sell qualified securities of its
tenants without first obtaining the approval of the board by a simple majority
vote in each case considered. The acquisition
and sale of qualified securities shall be detailed in the annual report of the
natural energy laboratory of Hawaii authority;
(24) Accept donations, grants, bequests, and devises of money, property, services, or other things of value that may be received from the United States or any agency thereof, any governmental agency, or any public or private institution, person, firm, or corporation, to be held, used, or applied for any or all of the purposes specified in this chapter. Receipt of each donation, grant, bequest, or devise shall be detailed in the annual report of the natural energy laboratory of Hawaii authority. The report shall include the identity of the donor or grantor, the nature of the transaction, and any conditions attaching thereto; and
(25) Do any or all other acts reasonably necessary to carry out the purposes of the authority."
SECTION 28. Section 269-161, Hawaii Revised Statutes, is amended as follows:
1. By deleting the definition of "Green infrastructure bond fund".
[""Green infrastructure
bond fund" means the special fund created pursuant to section 196-67."]
2. By amending the definition of "green infrastructure loan program order" to read:
""Green infrastructure
loan program order" means an order issued by the public utilities
commission under section 269-171 that establishes the use or other disposition
of [amounts deposited and held in the Hawaii green infrastructure special
fund pursuant to section 196-65.] funds pursuant to chapter 196, part IV."
3. By deleting the definition of "green infrastructure special fund".
[""Green infrastructure
special fund" means the special fund created pursuant to section 196-65."]
SECTION 29. Section 269-162, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) In connection with the
issuance of bonds, the department may apply to the public utilities commission
for one or more financing orders, each of which financing orders authorizes the
following:
(1) The imposition, charging, and collection on behalf of the department of
the green infrastructure fee, to become effective upon the issuance of the
bonds, and the adjustment of the green infrastructure fee on behalf of the
department in accordance with an adjustment mechanism requested by the department
under this part in amounts sufficient to pay the principal of and interest on bonds
and all related financing costs on a timely basis; and
(2) The creation of green infrastructure property under the financing order[;
and
(3) The deposit of the net proceeds of the bonds
into the green infrastructure special fund]."
SECTION 30. Section 269-170, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) The authority shall submit an application to the
public utilities commission for the use or other disposition of amounts [deposited
or held in the green infrastructure special fund pursuant to section 196-65]
appropriated for the program established pursuant to chapter 196, part IV,
prior to the allocation, use, expenditure, or other disposition of [any such]
those amounts; provided that this subsection shall not apply to the
expenditure of amounts [deposited or held in the green infrastructure
special fund] that have been reviewed and approved by the public utilities
commission for operational or administrative expenses of the authority pursuant
to section 196-64.
(b) An application submitted by the authority to the public utilities commission under this section shall include the following:
(1) A description of each
project, program, financing agreement, or other arrangement for which the
authority seeks to allocate, use, expend, or otherwise dispose of amounts [deposited
or held in the green infrastructure special fund,] appropriated for purposes
of chapter 196, part IV, including:
(A) The clean energy technology, demand response technology, and energy use reduction and demand side management infrastructure, programs, and services to be financed;
(B) A
description of the parties, both direct and incidental, intended to benefit
from any financing made in connection with the [green infrastructure special
fund] amounts requested by the authority in an application submitted to the
public utilities commission under this section;
(C) A description of the loan programs or other arrangements
designed, established, identified, agreed to, agreed to in principle,
continued, carried over, or otherwise intended to be effectuated for the use of
the [green infrastructure special fund] amounts requested by the authority
in an application submitted to the public utilities commission under this section; and
(D) Any and all
funding or credit sources identified, pledged, dedicated, or otherwise provided
to supplement the [green infrastructure special fund] amounts requested
by the authority in an application submitted to the public utilities commission
under this section;
(2) Minimum lending, crediting, or investing criteria in relation to each project, program, financing agreement, or other arrangement described in an application submitted to the public utilities commission under this section;
(3) A description of
the repayment processes, mechanisms, and applicable calculations for each
project, program, financing agreement, or other arrangement described in an
application submitted to the public utilities commission under this section;
(4) An explanation of the anticipated impacts and benefits to electric utility
ratepayers of any project, program, financing agreement, or other arrangement
described under an application submitted by the authority to the public
utilities commission under this section; and
(5) Any other additional information determined to be necessary by the public utilities commission upon the review of an application submitted or resubmitted by the authority under this section."
SECTION 31. Section 196-65, Hawaii Revised Statutes, is repealed.
["§196-65 Hawaii green infrastructure special fund. (a) There is established the Hawaii green
infrastructure special fund into which shall be deposited:
(1) The proceeds of bonds net of issuance costs and reserves or
overcollateralization amounts;
(2) Green
infrastructure charges received for the use and services of the loan program,
including the repayment of loans made under the loan program;
(3) All other funds received by the department or the authority and
legally available for the purposes of the green infrastructure special fund;
(4) Interest earnings on all amounts in the green infrastructure
special fund; and
(5) Such
other moneys as shall be permitted by an order of the public utilities commission.
The Hawaii green infrastructure special fund
shall not be subject to section 37-53.
Any amounts received from green infrastructure charges or any other net proceeds
earned from the allocation, use, expenditure, or other disposition of amounts
approved by the public utilities commission and deposited or held in the Hawaii
green infrastructure special fund in excess of amounts necessary for the
purposes of subsection (b) shall be credited to electric utility customers as
provided in a green infrastructure loan program order or orders. Funds that are transferred back to the electric
utility in order to credit electric utility customers under this subsection shall
not be considered revenue of the electric utility and shall not be subject to
state or county taxes.
(b)
Moneys in the Hawaii green infrastructure special fund may be used,
subject to the approval of the public utilities commission, for the purposes of:
(1) Making
green infrastructure loans, including for installation costs for energy-efficient
lighting and other energy-efficiency measures;
(2) Creating
a $50,000,000 sub-fund, as a revolving line of credit within the Hawaii green
infrastructure special fund, for any state agency to obtain financing to
implement cost-effective energy-efficiency measures;
(3) Paying
administrative costs of the Hawaii green infrastructure loan program;
(4) Paying
any other costs related to the Hawaii green infrastructure loan program; or
(5) Paying
financing costs, as defined in section 269-161, to the extent permitted by the
public utilities commission in a financing order issued pursuant to section
269-163.
(c)
The authority may invest funds held in the Hawaii green infrastructure
special fund in investments as permitted by law, and in accordance with approved investment guidelines
established in one or more orders issued by the public utilities commission
pursuant to section 269-171. All amounts in the Hawaii green infrastructure
special fund shall be exempt from all taxes and surcharges imposed by the State
or the counties."]
SECTION 32. Section 196-67, Hawaii Revised Statutes, is repealed.
["[§196-67] Hawaii green infrastructure bond fund. (a) There is established the Hawaii green
infrastructure bond fund as a special fund into which all proceeds of the green
infrastructure fee established pursuant to section 269-166 and any other proceeds
of green infrastructure property shall be paid.
The Hawaii green infrastructure bond fund may also receive other moneys
as the department may determine and as provided in a financing order,
including, without limitation, green infrastructure charges.
(b) Moneys in the Hawaii green infrastructure bond
fund shall be impressed with the lien created by, and shall be used solely for
purposes set forth in, section 269-164.
Upon payment or defeasance of all bonds and financing costs, moneys in the
fund, at the direction of the department, may be transferred into the Hawaii green
infrastructure special fund established pursuant to section 196-65 or other
purpose as the department shall specify.
(c) The Hawaii green infrastructure bond fund
shall be audited at least annually by a firm of independent certified public accountants
selected by the department, and the results of this audit shall be provided to
the department and the public utilities commission.
(d) Pursuant to section 39-68, the department shall
appoint a trustee to receive, hold, and disburse all amounts required to be held
in the Hawaii green infrastructure bond fund upon terms and conditions as set
forth in a certificate, indenture, or trust agreement.
The Hawaii green infrastructure
bond fund shall not be subject to section 37-53."]
SECTION 33. Section 201-12.8, Hawaii Revised Statutes, is repealed.
["§201-12.8 Energy security special fund; uses. (a) There is created within the state treasury an
energy security special fund, which shall consist of:
(1) The portion of
the environmental response, energy, and food security tax specified under
section 243-3.5;
(2) Moneys
appropriated to the fund by the legislature;
(3) All interest attributable
to investment of money deposited in the fund; and
(4) Moneys allotted
to the fund from other sources, including under section 196-6.5.
(b) Subject to legislative appropriation, moneys
from the fund may be expended by the Hawaii state energy office for the following
purposes and used for no other purposes, except for those set forth in this
section:
(1) To support the Hawaii clean energy initiative
program and projects that promote and advance dependable and affordable energy,
renewable energy, energy efficiency, energy self-sufficiency, and greater
energy security and resiliency for the State and public facilities;
(2) To fund, to the extent possible, the climate
change mitigation and adaptation commission and the greenhouse gas
sequestration task force;
(3) To support achieving the zero emissions
clean economy target set forth in section 225P-5;
(4) To fund the building energy efficiency revolving
loan fund established in section 201-20;
(5) To fund projects and incentives to promote
the adoption of clean transportation technologies, develop clean vehicle charging
infrastructure, and upgrade infrastructure to support the development of clean
vehicle charging infrastructure; and
(6) To fund, to the extent possible, the duties
of the state building code council in section 107-24, as they relate to the
development of energy conservation codes.
(c) The department of business, economic development,
and tourism shall submit a report to the legislature, no later than twenty days
prior to the convening of each regular session, on the status and progress of
existing programs and activities and the status of new programs and activities
funded by the energy security special fund. The report shall also include:
(1) The spending plan
of the energy security special fund;
(2) All
expenditures of energy security special fund moneys; and
(3) The targeted
markets of the expenditures, including the reason for selecting those markets;
the persons to be served; and the specific objectives of the expenditures,
including measurable outcomes."]
SECTION 34. Section 201B-8, Hawaii Revised Statutes, is repealed.
["§201B-8 Convention center
enterprise special fund. (a) There is established the convention center
enterprise special fund, into which shall be deposited:
(1) A portion of
the revenues from the transient accommodations tax, as provided by section 237D-6.5;
(2) All revenues or
moneys derived from the operations of the convention center to include all
revenues from the food and beverage service, all revenues from the parking
facilities or from any concession, and all revenues from the sale of souvenirs,
logo items, or any other items offered for purchase at the convention center;
(3) Private contributions,
interest, compensation, gross or net revenues, proceeds, or other moneys
derived from any source or for any purpose arising from the use of the convention
center facility; and
(4) Appropriations by
the legislature, including any transfers from the tourism special fund
established under section 201B-11 for marketing the facility pursuant to
section 201B-7(a)(7).
(b) Moneys in the convention center enterprise special
fund shall be used by the authority for the payment of expenses arising from
any and all use, operation, maintenance, alteration, improvement, or any
unforeseen or unplanned repairs of the convention center, including without
limitation the food and beverage service and parking service provided at the convention
center facility, the sale of souvenirs, logo items, or other items, for any
future major repair, maintenance, and improvement of the convention center
facility as a commercial enterprise or as a world class facility for conventions,
entertainment, or public events, and for marketing the facility pursuant to
section 201B-7(a)(7).
(c) Moneys in the convention center enterprise
special fund may be:
(1) Placed in interest-bearing
accounts; provided that the depository in which the money is deposited furnishes
security as provided in section 38-3; or
(2) Otherwise
invested by the authority until such time as the moneys may be needed; provided
that the authority shall limit its investments to those listed in section
36-21.
All interest accruing from investment of the
moneys shall be credited to the convention center enterprise special fund."]
SECTION 35. Section 206M-15.3, Hawaii Revised Statutes, is repealed.
["[§206M-15.3] Research and development special fund; established. There is established in the treasury of the
State of Hawaii the research and development special fund to be administered by
the development corporation pursuant to section 206M-15.2."]
SECTION 36. Section 206M-15.5, Hawaii Revised Statutes, is repealed.
["§206M-15.5 Technology special
fund. There is established in
the state treasury a fund to be known as the technology special fund, into which
shall be deposited, except as otherwise provided by section 206M-17:
(1) Any appropriations
or other funds required to be deposited by law; and
(2) All moneys,
fees, and equity from tenants, qualified persons, or other users of the development
corporation's industrial parks, projects, other leased facilities, and other services
and publications;
provided that the total amount of moneys in the
fund shall not exceed $300,000 at the
end of any fiscal year. All moneys in
the fund are appropriated for the purposes of and shall be expended by the
development corporation for the operation, maintenance, and management of its
industrial parks, projects, facilities, services, and publications, and to pay
the expenses in administering the special purpose revenue bonds of the
development corporation or in carrying out its project agreements."]
SECTION 37. Section 212-9, Hawaii Revised Statutes, is repealed.
["§212-9 Special fund.
There is established in the state
treasury a fund to be known as the foreign-trade zones special fund. All fees or other moneys collected under this
chapter shall be deposited in this fund.
All moneys in the fund are hereby appropriated for the purposes of and
shall be expended by the public corporation for the operation, capital improvement,
and maintenance of the zone."]
SECTION 38. Section 227D-5, Hawaii Revised Statutes, is repealed.
["§227D-5 Special fund. There is established in the state
treasury a fund to be known as the natural energy laboratory of Hawaii authority
special fund, into which shall be deposited all moneys and fees from tenants or
other users of the authority's parks, projects, other leased facilities, and
other services and publications as well as any grants or gifts received by the
authority. All moneys in the fund are
appropriated for the purposes of and shall be expended by the authority for the
operation, maintenance, and management of its parks, projects, facilities, services,
and publications, and for the design and construction of new facilities and the
renovation of or addition to existing facilities."]
SECTION 39. Sections 196-6.5(c), 206M-8(j), 206M-44(a), and 227D-2(a), Hawaii Revised Statutes, is amended by substituting the words "general fund" wherever the words "energy security special fund established under section 201-12.8", "technology special fund", "natural energy laboratory of Hawaii authority special fund" or similar words appear, as the context requires.
SECTION 40. The following funds (appropriation code) are abolished:
(1) Restraining & workforce development prg (S-363-B);
(2) Support commercial fishing industry (S-384-B);
(3) Creative
industries division (S-309-B);
(4) Dep to public utilities commssn spec fd (S-350-B):
(5) Energy systems and technology training (S-354-B);
(6) Office
of aerospace (S-307-B);
(7) Innovation grants (S-365-B);
(8) Hydrogen investment capital special fund (S-308-B);
(9) Housing relief and resiliency program (S-383-B);
(10) Hawaii community development authority (S-349-B);
(11) Tourism spl fnd/hawaii tourism authority (S-348-B);
(12) Protocol fund - Hawaii tourism authority (S-398-B); and
(13) Tourism emergency spec fund (S-355-B),
and any unencumbered balances shall lapse to the credit of the general fund.
PART IV. DEPARTMENT OF LAND
AND NATURAL RESOURCES
SECTION 41. Section 6E-3, Hawaii Revised Statutes, is amended to read as follows:
"§6E-3 Historic preservation program.
There is established within the department a division to administer a
comprehensive historic preservation program, which shall include but not be
limited to the following:
(1) Development
of an ongoing program of historical, architectural, and archaeological research
and development, including surveys, excavations, scientific recording, interpretation,
signage, and publications on the State's historical and cultural resources;
(2) Acquisition
of historic or cultural properties, real or personal, in fee or in any lesser
interest, by gift, purchase, condemnation, devise, bequest, land exchange, or
other means; preservation, restoration, administration, or transference of the
property; and the charging of reasonable admissions to that property;
(3) Development
of a statewide survey and inventory to identify and document historic properties,
aviation artifacts, and burial sites, including all those owned by the State and
the counties;
(4) Preparation
of information for the Hawaii register of historic places and listing on the
national register of historic places;
(5) Preparation,
review, and revisions of a state historic preservation plan, including budget
requirements and land use recommendations;
(6) Application
for and receipt of gifts, grants, technical assistance, and other funding from
public and private sources for the purposes of this chapter;
(7) Provision
of technical and financial assistance to the counties and public and private
agencies involved in historic preservation activities;
(8) Coordination
of activities of the counties in accordance with the state plan for historic preservation;
(9) Stimulation
of public interest in historic preservation, including the development and implementation
of interpretive programs for historic properties listed on or eligible for the
Hawaii register of historic places;
(10) Coordination
of the evaluation and management of burial sites as provided in section 6E-43;
(11) Acquisition
of burial sites in fee or in any lesser interest, by gift, purchase,
condemnation, devise, bequest, land exchange, or other means, to be held in
trust;
(12) Submittal
of an annual report to the governor and legislature detailing the accomplishments
of the year, recommendations for changes in the state plan or future programs
relating to historic preservation, and an accounting of all income[,] and
expenditures[, and the fund balance] of the [Hawaii] historic
preservation [special fund;] program;
(13) Regulation
of archaeological activities throughout the State;
(14) Employment
of sufficient professional and technical staff for the purposes of this chapter
which shall be in accordance with chapter 76;
(15) The
charging of fees to be determined by the department that are proportional to the
nature and complexity of the projects or services provided, and adjusted from
time to time to ensure that the proceeds, together with all other fines,
income, and penalties collected under this chapter, do not surpass the annual
operating costs of the comprehensive historic preservation program;
(16) Adoption
of rules in accordance with chapter 91, necessary to carry out the purposes of
this chapter; and
(17) Development
and adoption, in consultation with the office of Hawaiian affairs native historic
preservation council, of rules governing permits for access by native Hawaiians
and Hawaiians to cultural, historic, and pre-contact sites and monuments."
SECTION 42. Section 171-19, Hawaii Revised Statutes, is amended to read as follows:
"§171-19 [Special land and
development fund.] Remnant lands; school land or buildings; sales.
[(a)
There is created in the department a special fund to be designated as
the "special land and development fund". Subject to the Hawaiian Homes Commission Act
of 1920, as amended, and section 5(f) of the Admission Act of 1959, all proceeds
of sale of public lands, including interest on deferred payments; all moneys
collected under section 171-58 for mineral and water rights; all rents from
leases, licenses, and permits derived from public lands; all moneys collected
from lessees of public lands within industrial parks; all fees, fines, and
other administrative charges collected under this chapter and chapter 183C; a
portion of the highway fuel tax collected under chapter 243; all moneys
collected by the department for the commercial use of public trails and trail
accesses under the jurisdiction of the department; transient accommodations tax
revenues collected pursuant to section 237D-6.5(b)(5); and private contributions
for the management, maintenance, and development of trails and accesses shall
be set apart in the fund and shall be used only as authorized by the
legislature for the following purposes:
(1) To reimburse
the general fund of the State for advances made that are required to be
reimbursed from the proceeds derived from sales, leases, licenses, or permits
of public lands;
(2) For the
planning, development, management, operations, or maintenance of all lands and
improvements under the control and management of the board pursuant to title
12, including but not limited to permanent or temporary staff positions who may
be appointed without regard to chapter 76; provided that transient accommodations
tax revenues allocated to the fund shall be expended as provided in section
237D-6.5(b)(5);
(3) To repurchase
any land, including improvements, in the exercise by the board of any right of
repurchase specifically reserved in any patent, deed, lease, or other documents
or as provided by law;
(4) For the payment
of all appraisal fees; provided that all fees reimbursed to the board shall be
deposited in the fund;
(5) For the payment
of publication notices as required under this chapter; provided that all or a
portion of the expenditures may be charged to the purchaser or lessee of public
lands or any interest therein under rules adopted by the board;
(6) For the
management, maintenance, and development of trails and trail accesses under the
jurisdiction of the department;
(7) For the payment
to private land developers who have contracted with the board for development
of public lands under section 171-60;
(8) For the payment
of debt service on revenue bonds issued by the department, and the establishment
of debt service and other reserves deemed necessary by the board;
(9) To reimburse
the general fund for debt service on general obligation bonds issued to finance
departmental projects, where the bonds are designated to be reimbursed from the
special land and development fund;
(10) For the
protection, planning, management, and regulation of water resources under
chapter 174C; and
(11) For other
purposes of this chapter.
(b) Notwithstanding the above provisions, but
subject] (a) Subject to the
restrictions contained in section 5(f) of the Admission Act, whenever the board
sells remnants to abutting owners, the proceeds therefrom including interest on
deferred payments, shall be deposited into the general fund; provided that such
proceeds shall be set apart to the appropriate fund where mandatory federal requirements
affecting federal funds so require.
[(c)] (b) Notwithstanding the above limitations on use
of the proceeds of sale, where the board sells public lands including the
buildings thereon once used but no longer necessary for school purposes at the
recommendation and request of the board of education, all net proceeds derived
from the sales shall be used for the acquisition of land or for the erection of
buildings for school purposes to the extent of an approved building plan in the
departmental school district wherein the sales occur. In the absence of any school building program
in the district or in the event of any surplus remaining after the completion
of buildings constructed pursuant to the approved plan then the proceeds or
surplus shall be used in other departmental school districts in the county
wherein the sales occur.
[(d) When use of the fund is authorized by the
legislature for the development of public lands for a particular project, to be
disposed of by sale, lease, license, or permit, the board may pay from the fund
the costs of the development, including the costs of surveys, construction of
roads, water lines, sewer lines, and such other improvements as may be
necessary for the development of the lands; provided that the project shall
meet with the zoning and subdivision requirements of the appropriate county
government in which the lands are located, except that plans and specifications
for recreational projects, including access roads therefor, shall not be
required to meet with such approval; and provided further that no such
development of public lands for disposal by sale, lease, license, or permit
shall be made unless appropriate roads, water lines, and other improvements are
installed which will make the land usable for the purpose for which it is being
disposed at the time of disposition.
(e) All unexpended and unencumbered moneys
remaining on balance with the fund at the close of each fiscal year which are
deemed, by the director of finance, to be in excess of the moneys necessary to carry
out the purposes of this section over the next following fiscal year shall
lapse to the credit of the state general fund.]"
SECTION 43. Section 171-21, Hawaii Revised Statutes, is amended to read as follows:
"§171-21 Rights of holder of security interest.
Whenever any notice of breach or default is given to any party under section
171-20, or under the terms of any lease, patent, license, agreement, or other
instrument issued or to be issued under this chapter, a copy of the notice shall
be delivered by the board of land and natural resources to all holders of
record of any security interest in the land or interest covered by the lease,
patent, license, agreement, or other instrument whose security interest has
been recorded with the board. Should the
board seek to forfeit the privilege, interest, or estate created by the lease,
license, agreement, patent, or other instrument, each holder may, at its
option, cure or remedy the breach or default, if the same can be cured or
remedied, by the payment of money or, if such is not the case, by performing or
undertake in writing to perform all the terms, covenants, restrictions, or conditions
of any lease, patent, license, agreement, or other instrument capable of performance
by the holder, as determined by the board, within the time period provided in
section 171-20 or within such additional period as the board may allow for good
cause and add the cost thereof to the mortgage debt and the lien of the
mortgage. Any lease, patent, license, agreement,
or other instrument transferred pursuant to this section shall not be subject
to the requirements in section 171-14.
Upon failure of the holder to exercise its option, the board may:
(1) Pay
to the holder from any moneys at its disposal, [including the special land
and development fund,] which [is] are made available for that
purpose, the amount of the mortgage debt, together with interest and penalties,
and secure an assignment of the debt and mortgage from the holder, or if ownership
of the interest or estate shall then have vested in the holder by way of
foreclosure or action in lieu thereof the board shall be entitled to a
conveyance of the interest or estate upon payment to the holder of the amount
of the mortgage debt, including interest and penalties, and all reasonable
expenses incurred by the holder in connection with the foreclosure and preservation
of its security interest, less appropriate credits, including income received
from the privilege, interest, or estate subsequent to the foreclosure; or
(2) If
the property cannot be reasonably reassigned without loss to the State, then terminate
the outstanding privilege, interest, or estate without prejudice to any other
right or remedy for arrears of rent or for any preceding or other breach or default,
and use its best efforts to redispose of the affected land to a qualified and
responsible person free and clear of the mortgage and the debt thereby secured;
provided that a reasonable delay by the board in instituting or prosecuting any
right or remedy it may have under this section shall not operate as a waiver of
the right or to deprive it of the remedy when it may still hope otherwise to
resolve the problems created by the breach or default involved.
Section
171-19 to the contrary notwithstanding, the proceeds of any redisposition under
paragraph (2) shall be applied: first,
to reimburse the board for costs and expenses in connection with the
redisposition; second, to discharge in full any unpaid purchase price or other
indebtedness owing the State in connection with the privilege, interest, or
estate terminated; third, to the mortgagee to the extent of the value received
by the State upon redisposition which exceeds the fair market lease value of
the land as previously determined by the State's appraiser; and fourth, to the
owner of the privilege, interest, or estate.
Nothing contained in this section shall be construed in a manner as to
infringe upon or prejudice in any way the rights of a holder of record having a
security interest which shall have vested prior to the effective date hereof,
and to the extent that this section and section 171-98 shall or may conflict
and adversely affect such interests, the same shall be of no force and effect."
SECTION 44. Section 171-28, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The board may investigate and develop
scientific commercial management practices for government-owned Hawaiian
fishponds and reconstruct, rehabilitate, improve, and stock the fishponds[;
and expend moneys from the special land and development fund]. All revenues derived from any
government-owned Hawaiian fishpond shall be deposited in the general
fund."
SECTION 45. Section 171-61, Hawaii Revised Statutes, is amended to read as follows:
"§171-61 Cancellation, surrender. When public land is disposed of with a building
requirement and, thereafter, prior to the erection of the building, the land
becomes or is discovered to be unfit for the erection of the building, or by
change of conditions it becomes impossible or impractical to erect the
building, the board of land and natural resources may cancel the disposition,
repossess the land, and return to the party [from the special land and
development fund], notwithstanding the order of priority set forth, the aggregate
amount of principal and interest theretofore paid by the party.
Whenever land or a portion thereof
under lease can be re-leased or sold for a higher and better use, or for the
existing use to a greater economic benefit to the State, the board, subject to
the consent of the lessee, the lessee's successors, or assigns, and each holder
of record having a security interest, may cancel the lease without compensation
to the lessee or withdraw a portion of the land from the lease and re-lease or
sell the same; provided that in the event of withdrawal of a portion, the board
may in its discretion allow a proportionate reduction in rent; and provided
further that in the event buildings and improvements have been erected by the
lessee, as permitted under the lease, on the land or portion thereof under lease
affected by the cancellation or withdrawal, the board shall pay to the lessee a
sum not to exceed the replacement value, less depreciation at the rates used
for real property tax purposes."
SECTION 46. Section 171-80, Hawaii Revised Statutes, is amended to read as follows:
"§171-80 Cancellation of leases. Whenever the board of land and natural
resources has reason to believe that any term or condition of a residential
lease has been violated, it shall give notice to the lessee of the suspected
violation as provided in section 171-20, and shall afford the lessee an
opportunity to be heard. If upon the
hearing, the board finds that the lessee has violated the terms and conditions of
the lease, it may declare the lessee's interest in the lease and improvements
forfeited and order the premises to be vacated within a reasonable time. No such forfeiture shall, however, operate to
forfeit the interest of any mortgagee in the lease and improvements, and the board
shall pay [from the special land and development fund] the amount due upon
and secured by the mortgage; provided that payment need not be made if a new
lease of the premises and improvements is made to a new lessee who is willing
to assume, and if the mortgagee is willing to accept the new lessee's
assumption of, the mortgage and the debt secured thereby."
SECTION 47. Section 171-81, Hawaii Revised Statutes, is amended to read as follows:
"§171-81 Surrender of lease. If at any time the lessee desires to
surrender the lessee's lease and improvements, the board of land and natural
resources may accept the surrender and purchase the improvements for their fair
market value, as determined by appraisers[, with funds from the special land
and development fund,]; provided that the board has a firm
offer from a person, who is qualified to take the residential lease under this
part, to take the lease and purchase the improvements for not less than the
amount to be paid therefor by the board and who has a commitment from a recognized
lending institution to finance the purchase.
Upon acceptance of the surrender and purchase of the improvements, the
board shall sell the improvements to that person and make a new lease to the
person."
SECTION 48. Section 171-171, Hawaii Revised Statutes, is amended to read as follows:
"[[]§171-171[]]
Reimbursable general obligation bonds for conservation easement and
other real property interests in Turtle Bay, Oahu. (a) The department of budget and finance shall issue
reimbursable general obligation bonds for the department of land and natural
resources to acquire a conservation easement and other real property interests
in Turtle Bay, Oahu, for the protection, preservation, and enhancement of natural
resources, while maintaining public access, as important to the State. The public shall have perpetual public access
to said conservation easement. The
conservation easement shall be in compliance with chapters 171 and 198. The other real property interests shall be in
compliance with chapter 171.
(b) For the purpose of this section, the acquisition of the conservation easement and other real property interests shall be deemed an undertaking under chapter 39.
[(c) The reimbursable general obligation bonds issued
to acquire the conservation easement and other real property interests shall be
payable from the transient accommodations tax revenues allocated to the Turtle
Bay conservation easement special fund established by section 171-172 and from
moneys from the land conservation fund. The transient accommodations tax
revenues and moneys from the land conservation fund are and shall be deemed
user taxes. The revenues allocated shall
be deemed user taxes pursuant to chapter 39 for the undertaking.
(d)] (c) The reimbursable general obligation bonds shall
be issued in accordance with chapter 39."
SECTION 49. Section 173-2, Hawaii Revised Statutes, is amended to read as follows:
"§173-2 Advances and transfers. [For the purpose of paying] The director
of finance may make temporary transfers to the department for purposes in
conformity with section 39-72 to pay the cost of the issuance of bonds
authorized by this [[]chapter[]] and other preliminary expenses,
including but not limited to expenses for engineering and surveys, plans and
designs, and appraisals and the costs of services of other departments and
agencies[, the department of land and natural resources may make advances of
such sums as may be necessary from, and as are not then otherwise required for
use in, the special land and development fund, which fund shall be reimbursed
for the advances upon the issuance of the revenue bonds issued to finance the
reclamation project in connection with which such costs and expenses are
incurred. The state director of finance
may also make temporary transfers to the department for such purposes in
conformity with the provisions of section 39-72].
The governor may make advances from
loan funds, derived from the issuance of general obligation bonds, for public improvements
authorized by section 173-1, and the advances shall be repaid from the proceeds
of the revenue bonds when issued, before any other advances are reimbursed
therefrom. When reimbursed the loan funds shall be available for expenditure
for the public improvements the financing of which by the issuance of general
obligation bonds theretofore was authorized."
SECTION 50. Section 173A-5, Hawaii Revised Statutes, is amended to read as follows:
"§173A-5 Land
conservation [fund]. [(a) A land conservation fund, hereinafter called
"fund", is hereby established.
(b)]
(a) The proceeds from the
sale of any general obligation bonds authorized and issued for purposes of this
chapter shall be deposited in or credited to the general fund.
[(c)] (b) Any net proceeds or revenue from the
operation, management, sale, lease, or other disposition of land or the
improvements on the land acquired or constructed by the board under the
provisions of this chapter shall also be deposited in or credited to the general
fund.
[(d)
The appropriate percentage identified under section 247-7 of all taxes
imposed and collected under chapter 247 shall be deposited in or credited to
the fund every fiscal year.
(e)
Moneys from any other private or public source may be deposited in or
credited to the fund; provided that mandates, regulations, or conditions on
these funds do not conflict with the use of the fund under this chapter. Moneys received as a deposit or private
contribution shall be deposited, used, and accounted for in accordance with the
conditions established by the agency or person making the contribution.
(f)
The fund shall be administered and managed by the department.
(g)] (c) The acquisition of interests or rights in
land having value as a resource to the State for the preservation of the
following shall constitute a public purpose for which public funds may be expended
or advanced:
(1) Watershed
protection;
(2) Coastal
areas, beaches, and ocean access;
(3) Habitat
protection;
(4) Cultural
and historical sites;
(5) Recreational
and public hunting areas;
(6) Parks;
(7) Natural
areas;
(8) Agricultural
production; and
(9) Open
spaces and scenic resources.
[(h)
The fund shall] (d) Public
funds may be used for:
(1) The
acquisition of interests or rights in land having value as a resource to the
State, whether in fee title or through the establishment of permanent conservation
easements under chapter 198 or agricultural easements;
(2) The
payment of any debt service on state financial instruments relating to the
acquisition of interests or rights in land having value as a resource to the
State;
(3) Annual
administration costs for [the fund,] this chapter, not to exceed
five per cent of annual [fund] revenues [of] derived from the application
of this chapter during the previous year[[]; and[]]
(4) Costs
related to the operation, maintenance, and management
of lands acquired by way of this [fund] chapter that are
necessary to protect, maintain, or restore resources at risk on these lands, or
that provide for greater public access and enjoyment of these lands; provided
that the costs related to the operation, maintenance, and management of lands
acquired by way of this [fund] chapter do not exceed five per
cent of annual fund revenues [of] derived from the application
of this chapter during the previous year.
[(i)] (e) Based on applications from state agencies, counties,
and nonprofit land conservation organizations, the department, in consultation
with the senate president and speaker of the house of representatives, shall
recommend to the board specific parcels of land to be acquired, restricted with
conservation easements, or preserved in similar fashion. The board shall review the selections and
approve or reject the selections according to the availability of moneys [in
the fund]. To be eligible for grants
[from the fund,] made pursuant to this chapter, state and county
agencies and nonprofit land conservation organizations shall submit applications
to the department that contain:
(1) Contact
information for the project;
(2) A
description of the project;
(3) The
request for funding;
(4) Cost
estimates for acquisition of the interest in the land;
(5) Location
and characteristics of the land;
(6) The project's public benefits, including but not limited to where public access may be practicable or not practicable and why;
(7) Results
of the applicant's consultation with the staff of the department, the department
of agriculture, and the agribusiness development corporation regarding the
maximization of public benefits of the project, where practicable; and
(8) Other
similar, related, or relevant information as determined by the department.
[(j)] (f) For applications approved by the board, the
board may acquire land having value as a resource to the State, pursuant to
section 173A-4, or the board may award grants from [the fund] available
funds to the qualifying state or county agencies or nonprofit land conservation
organizations for the preservation of the real property. Where the recipient of a grant is a county
agency or nonprofit land conservation organization, the board shall require
additional matching funds of at least twenty-five per cent of the total project
costs. Matching funds may be in the form
of:
(1) Direct
moneys;
(2) A
combination of public and private funds;
(3) Land
value donation;
(4) In-kind
contributions; or
(5) Any
combination of the above.
[(k)] (g) Evidence of the matching funds in subsection [(j)]
(f) shall be made available by the qualifying entities prior to distribution
of [the fund] a grant.
[(l)] (h) The board shall:
(1) Track
amounts disbursed [from the fund;] for purposes of this chapter;
(2) Prepare
and submit an annual report to the governor and the legislature at least twenty
days prior to the convening of each regular session. The annual report shall include:
(A) A
summary of all interests or rights in land acquired during the preceding fiscal
year;
(B) A
summary of what value each newly acquired land has as a resource to the State;
(C) Proposals
for future land acquisitions, including a summary of the resource value that the
land may possess;
(D) A
financial report for the preceding fiscal year; and
(E) Objectives
and budget projections for the following fiscal year; and
(3) Make copies of the annual report available to the public."
SECTION 51. Section 173A-13, Hawaii Revised Statutes, is amended to read as follows:
"[[]§173A-13[]] Payment of debt service on the Turtle Bay
reimbursable general obligation bonds. Notwithstanding
any laws to the contrary:
(1) Beginning July 1,
2015, a nonprofit land conservation organization shall file an application
annually with the board requesting $1,500,000 [from the land conservation
fund] to be used for the reimbursement of debt service on the Turtle Bay reimbursable
general obligation bonds until the bonds are fully amortized; and
(2) The board shall
not require the nonprofit land conservation organization that is the recipient
of a grant for the payment of debt service on the Turtle Bay reimbursable general
obligation bonds to provide any additional matching funds[; and
(3) Moneys awarded
for the payment of debt service on the Turtle Bay reimbursable general
obligation bonds shall be deposited into the Turtle Bay conservation easement
special fund]."
SECTION 52. Section 187A-7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) To further the purposes of title 12, the department may:
(1) Use lands set apart for the department's use by the governor; and
(2) Accept gifts and
contributions or enter into contracts. Gifts
and contributions may be accepted from, or contracts entered into with, public or
private agencies or individuals. [Any
gifts and contributions accepted under this section to benefit sport fish or sport
fishing shall be subject to the requirements specified under section 187A-9.5.]"
SECTION 53. Section 195-6.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) There is established in the department, a
natural area partnership program to provide state funds on a two-for-one basis with
private funds for the management of private lands that are dedicated to conservation. [Payments shall be made from the natural
area reserve fund with funds specifically appropriated for this purpose.]"
SECTION 54. Section 195F-2, Hawaii Revised Statutes, is amended by deleting the definition of "fund".
[""Fund" means the
forest stewardship fund as established by section 195F-4."]
SECTION 55. Section 195F-3, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The program shall assist in the forest stewardship
of public lands and in developing education and training programs for sustainable
forestry [pursuant to section 195F-4(a)(2)]."
SECTION 56. Section 195F-6, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) Payments from the forest stewardship [fund]
program shall not exceed fifty per cent of the total cost of the landowner
in developing and implementing an approved management plan. Total payments to any one landowner shall be
determined by the board, and the reasonable value of material, goods, and
services contributed toward the plan by the landowner shall be included in
determining the amount of the landowner's cost.
The landowner shall be required to spend private funds before
reimbursements are made. In-kind
services such as heavy equipment and existing sources of labor may be utilized
as a portion of the landowner's contribution in implementing the management
plan that is consistent with this chapter."
2. By amending subsection (e) to read:
"(e) The board shall submit annually a detailed report to the governor and legislature that shall:
(1) Identify management
objectives that have been completed on private lands resulting from payments
made pursuant to [section 195F-4(a)(1)] agreements entered into with
qualified landowners to further the purposes of this chapter and provide an
analysis of problems and issues encountered in meeting or failing to meet objectives
as set forth in the management plans;
(2) Identify all
reforestation, forest management, education, and training objectives that have
been completed as a result of [any expenditures made pursuant to section
195F-4(a)(2);] this chapter;
(3) Describe the
financial condition of the [fund,] program, including receipts
and expenditures from the previous fiscal year; and
(4) Set forth plans and management objectives for the next fiscal year."
SECTION 57. Section 198D-2, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) The moneys specified in subsection (b)(1),
(3), (4), and (5) shall be deposited in the [special land and development
fund under section 171-19 for the management, maintenance, and development of
trails and trail accesses under the jurisdiction of the department; provided
that the moneys specified in subsection (b)(5) shall be expended for the
management, maintenance, and development of trails and access areas frequented by
visitors in response to a master plan developed in coordination with the Hawaii
tourism authority.] general fund."
SECTION 58. Section 200-3, Hawaii Revised Statutes, is amended to read as follows:
"§200-3 Ocean recreation and coastal areas programs. The board shall assume the following functions of the department of transportation:
(1) Managing and administering the ocean-based recreation and coastal areas programs of the State;
(2) Planning, developing, operating, administering, and maintaining small boat harbors, launching ramps, and other boating facilities and associated aids to navigation throughout the State;
(3) Developing and administering an ocean recreation management plan;
(4) Administering and operating a vessel registration system for the State;
(5) Regulating the
commercial use of state waters and marine resources,
including operations originating from private marinas;
(6) Regulating boat regattas and other ocean water events;
(7) Administering a marine casualty and investigation program;
(8) Assisting in abating air, water, and noise pollution;
(9) Conducting public education in boating safety;
[(10) Administering
the boating special fund;
(11)] (10) Assisting in controlling shoreline
erosion;
[(12)] (11) Repairing seawalls and other existing
coastal protective structures under the jurisdiction of the State; and
[(13)] (12) Removing nonnatural obstructions and
public safety hazards from the shoreline, navigable streams, harbors, channels,
and coastal areas of the State."
SECTION 59. Section 247-7, Hawaii Revised Statutes, is amended to read as follows:
"§247-7 Disposition of taxes.
All taxes collected under this chapter shall be paid into the state
treasury to the credit of the general fund of the State, to be used and expended
for the purposes for which the general fund was created and exists by law; provided
that of the taxes collected each fiscal year[:
(1) Ten
per cent or $5,100,000, whichever is less, shall be paid into the land conservation
fund established pursuant to section 173A-5; and
(2) Fifty],
fifty per cent or $38,000,000, whichever is less, shall be paid into the
rental housing revolving fund established by section 201H-202."
SECTION 60. Section 248-8, Hawaii Revised Statutes, is amended to read as follows:
"§248-8 Special funds in treasury
of State. There are created in the treasury
of the State [three] two special funds to be known, respectively,
as the state highway fund[,] and the airport revenue fund[,
and the boating special fund]. All
taxes collected under chapter 243 in each calendar year, except the
"county of Hawaii fuel tax", "city and county of Honolulu fuel
tax", "county of Maui fuel tax", and "county of Kauai fuel
tax", shall be deposited in the state highway fund; provided that:
(1) All taxes collected under chapter 243 with respect to gasoline or other aviation fuel sold for use in or used for airplanes shall be set aside in the airport revenue fund; and
(2) All taxes
collected under chapter 243 with respect to liquid fuel sold for use in or used
for small boats shall be deposited in the [boating special] general
fund.
As used in this section, "small
boats" means all vessels and other watercraft except those operated in
overseas transportation beyond the State, and ocean-going tugs and
dredges. The chairperson of the board of
land and natural resources, from July 1, 1992, and every three years
thereafter, shall establish standards or formulas that will as equitably as
possible establish the total taxes collected under chapter 243 in each fiscal
year that are derived from the sale of liquid fuel for use in or used for small
boats. The amount so determined shall be
deposited in the [boating special] general fund.
[An amount equal to 0.3 per cent
of the highway fuel tax but not more than $250,000 collected under chapter 243 shall
be allocated each fiscal year to the special land and development fund for
purposes of the management, maintenance, and development of trails and trail
accesses under the jurisdiction of the department of land and natural resources
established under section 198D-2.]"
SECTION 61. Section 501-23.5, Hawaii Revised Statutes, is amended to read as follows:
"§501-23.5 Disposition of fees
received at the bureau of conveyances.
Notwithstanding any other law to the contrary, [of the fees received
at the bureau of conveyances,] the registrar of conveyances shall deposit all
fees received at the bureau of conveyances to the credit of the state general
fund [$18 for each document recorded and shall deposit the remaining balance
and all fees other than], except the special mortgage recording fee
established pursuant to section 431P-16 and conveyance tax collected pursuant
to section 247-1 [to the credit of the bureau of conveyances special fund
established under section 502-8]."
SECTION 62. Section 502-17, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f) All fees collected under this section[, except
as provided under sections 501-23.5 and 502-25 for the bureau of conveyances
special fund,] shall be deposited in the state treasury to the credit of
the general fund."
SECTION 63. Section 502-25, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Notwithstanding any other law to the contrary,
[of the fees received at the bureau of conveyances,] the registrar of
conveyances shall deposit all fees received at the bureau of conveyances
to the credit of the state general fund [$18 for each document recorded and
shall deposit the remaining balance and all fees other than], except
the special mortgage recording fee established pursuant to section 431P-16 and
conveyance tax collected pursuant to section 247-1 [to the credit of the
bureau of conveyances special fund established under section 502-8]."
SECTION 64. Section 6E-16, Hawaii Revised Statutes, is repealed.
["§6E-16 Hawaii historic
preservation special fund. (a) There is established a Hawaii historic
preservation special fund into which shall be deposited the following moneys:
(1) Appropriations by the legislature to the special fund;
(2) Gifts, donations, and grants from public agencies and
private persons;
(3) All proceeds collected by the department derived from
historic preserve user fees, historic preserve leases or concession fees, fees
charged to carry out the purposes of this chapter, or the sale of goods; and
(4) Civil, criminal, and administrative penalties, fines, and
other charges collected under this chapter or any rule adopted pursuant to this
chapter.
All interest earned or accrued on moneys
deposited in the fund shall become part of the fund. The fund shall be administered by the department;
provided that the department may contract with a public or private agency to
provide the day-to-day management of the fund.
(b) Subject to legislative authorization, the
department may expend moneys from the fund:
(1) For permanent and temporary staff positions;
(2) To replenish goods;
(3) To produce public information materials;
(4) To provide financial assistance to public agencies and
private agencies in accordance with chapter 42F involved in historic preservation
activities other than those covered by section 6E-9; and
(5) To cover administrative and operational costs of the historic
preservation program.
(c) The department shall adopt rules in accordance
with chapter 91 for the purposes of this section."]
SECTION 65. Section 36-29.5, Hawaii Revised Statutes, is repealed.
["[§36-29.5] Transfer from boating special fund.
Notwithstanding any law to the contrary, including section 36-27, there
shall be deducted from time to time by the director of finance for the purpose of
defraying the prorated estimate of central service expenses of government in
relation to the boating special fund, five per cent of all receipts and deposits
in the boating special fund after subtracting therefrom any amounts pledged,
charged, or encumbered for the payment of bonds or interest thereon during the
time period for which the deduction is to be made. The deductions shall be transferred to the general
fund of the State and shall become general realizations of the State.
For the purpose of this section, the
term "any amounts pledged, charged, or encumbered for the payment of bonds
or interest thereon" shall include:
(1) Amounts
that are so pledged, charged, or encumbered; and
(2) Amounts
required by law to be paid from the boating special fund into the general fund
of the State to reimburse the general fund for bond requirements for general
obligation bonds issued for boating facility purposes.
The chairperson of the board of land and
natural resources shall cooperate with the director of finance in effecting the
transfer."]
SECTION 66. Section 171-83, Hawaii Revised Statutes, is repealed.
["§171-83 Costs of, and
realization from, residential leasing. The board of land and natural resources is
authorized to expend from the special land and development fund sufficient
moneys to meet all costs of the planning, development, and subdivision of public
lands for residential leasing, the sale of residential leases and otherwise to
effectuate the purposes of this part, and all realizations from residential
leases and the selling of any improvements purchased from lessees shall be paid
into the fund."]
SECTION 67. Section 171-156, Hawaii Revised Statutes, is repealed.
["[§171-156] Beach restoration
special fund. (a) There is established in the state treasury a
special fund to be designated as the "beach restoration special fund"
to carry out the purposes of this part.
The following moneys shall be deposited into the beach restoration
special fund:
(1) Proceeds from
the lease or development of public coastal lands designated pursuant to a beach
restoration plan, subject to the Hawaiian Homes Commission Act of 1920, as amended,
and section 5(f) of the Admission Act of 1959;
(2) Proceeds from
the lease of public lands pursuant to this part for an existing seawall or revetment;
(3) Fines collected
for unauthorized shoreline structures on state submerged land or conservation district
land;
(4) Appropriations
made by the legislature for deposit into this fund;
(5) Donations and
contributions made by private individuals or organizations for deposit into
this fund;
(6) Fees collected
for the processing of applications for coastal and beach erosion control
projects; and
(7) Grants provided
by governmental agencies or any other source.
(b) The beach restoration special fund may be
used by the department for one or more of the following purposes:
(1) Planning,
designing, development, or implementation of beach restoration projects pursuant
to this part; and
(2) Providing grants
to the counties, nongovernmental organizations, and the University of Hawaii
for the restoration of beach lands and for research or engineering studies necessary
to support beach restoration projects, subject to this part."]
SECTION 68. Section 171-172, Hawaii Revised Statutes, is repealed.
["[§171-172] Turtle Bay
conservation easement special fund.
(a) There is established the
Turtle Bay conservation easement special fund to be administered by the department
of land and natural resources.
(b) Transient accommodations tax revenues allocated
to the Turtle Bay conservation easement special fund pursuant to section
237D-6.5 and moneys from the land conservation fund shall be deposited into the
special fund. All interest earned on the
moneys in the special fund shall be credited to the special fund.
(c) Moneys in the Turtle Bay conservation easement
special fund shall be expended to reimburse the state general fund for payment
of debt service on reimbursable general obligation bonds issued to acquire the
conservation easement and other real property interests in Turtle Bay, Oahu.
(d) The Turtle Bay conservation easement special
fund shall be exempt from the central service expenses of section 36-27 and
departmental administrative expenses of section 36-30.
(e) Upon reimbursement to the state general fund
of all debt service on reimbursable general obligation bonds issued to acquire
the conservation easement in Turtle Bay, Oahu, any unencumbered and unexpended
moneys in the Turtle Bay conservation easement special fund shall be transferred
to the tourism special fund established under section 201B-11."]
SECTION 69. Section 174C-5.5, Hawaii Revised Statutes, is repealed.
["[§174C-5.5] Water resource
management fund. (a) There is established in the department a
special fund to be designated as the water resource management fund. The fund shall be administered by the
commission. The water resource
management fund shall be used for the following:
(1) Monitoring programs
and activities concerning water resource quality, protection, and management;
(2) Research
programs and activities concerning water conservation and investigation of
alternative sources of water;
(3) Preparation and
dissemination of information to the public concerning activities authorized
under this chapter;
(4) Data
collection, development, and updating of long-range planning documents authorized
under this chapter; and
(5) Any other
protection, management, operational, or maintenance functions authorized and
deemed necessary by the commission, including but not limited to funding permanent
or temporary staff positions.
(b) The following shall be deposited into the
water resource management fund:
(1) Appropriations
by the legislature to the water resource management fund;
(2) All fees and
administrative charges collected under this chapter or any rule adopted
thereunder;
(3) Moneys collected
as fines or penalties imposed under this chapter or any rule adopted thereunder;
(4) Moneys derived
from public and private sources to benefit water resource protection and
management;
(5) Any moneys
collected from the sale of retail items by the department related to water
resources;
(6) Any other
moneys collected pursuant to chapter 174C; and
(7) Moneys derived
from interest, dividend, or other income from the above sources."]
SECTION 70. Section 179D-25, Hawaii Revised Statutes, is repealed.
["[§179D-25] Establishment of
dam and reservoir safety special fund. (a) There
is established in the department a special fund, to be designated the dam and
reservoir safety special fund. The fund
shall be administered by the board. The
following shall be deposited into the dam and reservoir safety special fund:
(1) Appropriations
by the legislature;
(2) All fees and
administrative charges collected under this chapter or any rule adopted
thereunder;
(3) Moneys
collected as fines or penalties imposed under this chapter or any rule adopted
thereunder;
(4) Moneys derived
from public or private sources to benefit dam and reservoir safety;
(5) Moneys
collected in full or partial satisfaction of liens created under this chapter;
(6) Any moneys
collected from the sale of retail items by the department relating to dam and
reservoir safety;
(7) Any other moneys
collected pursuant to this chapter or any rules adopted thereunder; and
(8) Moneys derived
from interest, dividends, or other income from other sources.
(b) The board may expend moneys from the dam and reservoir
safety special fund for:
(1) Conducting
investigations, research, and the collection of data, including technological
advances made in dam and reservoir safety practices elsewhere;
(2) Conducting
investigations, monitoring, and inspection programs and activities, and enforcement;
(3) Preparing and
disseminating information to the public concerning activities authorized under
this chapter;
(4) Training and
providing educational activities for department staff and dam and reservoir owners;
(5) Employing any
necessary remedial measures to protect persons and property in accordance with
this chapter;
(6) The costs and
expenses of the coordination, assistance, control, regulation, abatement, and
inspection provided by this chapter; and
(7) Other purposes
for the administration of the dam and reservoir safety program under this
chapter or any rule adopted thereunder, including but not limited to funding
permanent or temporary positions that may be appointed without regard to chapter
76.
The board shall provide
coordination and assistance to the proper state or county agency or agencies to
control any dam, reservoir, and appurtenances subject to section 179D-24 until
they have been rendered safe or the emergency has terminated.
(c) Moneys on balance in the dam and reservoir safety
special fund at the close of each fiscal year shall remain in that fund and
shall not be transferred or lapsed to the credit of the general fund."]
SECTION 71. Section 184-3.4, Hawaii Revised Statutes, is repealed.
["§184-3.4 State parks special
fund. (a) There is established within the state treasury
a fund to be known as the state parks special fund, into which shall be
deposited:
(1) All proceeds
collected by the state parks programs involving park user fees, any leases or
concession agreements, the sale of any article purchased from the department to
benefit the state parks programs, or any gifts or contributions; provided that proceeds
derived from the operation of Iolani Palace shall be used to supplement its educational
and interpretive programs; and
(2) Transient accommodations
tax revenues pursuant to section 237D-6.5; provided that these moneys shall be
expended in response to a master plan developed in coordination with the Hawaii
tourism authority.
(b) The department shall expend the moneys from
the state parks special fund for the following purposes:
(1) Permanent and temporary
staff positions;
(2) Planning and
development of state parks programs, including the aina hoomalu state parks
program;
(3) Construction, repairs,
replacement, additions, and extensions of state parks facilities;
(4) Operation and
maintenance costs of state parks and state parks programs; and
(5) Administrative
costs of the division of state parks.
(c) There is established within the state parks
special fund, a Diamond Head State Monument sub-account, into which shall be
deposited fifty-five per cent of all proceeds collected from the admission fees
charged at the Diamond Head State Monument.
The department shall expend the moneys from the Diamond Head State
Monument sub-account for repair, maintenance, and operating costs incurred by
the State in the management of the Diamond Head State Monument."]
SECTION 72. Section 187A-9.5, Hawaii Revised Statutes, is repealed.
["§187A-9.5 Sport fish special fund. (a)
There is established in the department a sport fish special fund.
(b) The following proceeds shall be retained by
or transmitted to the department for deposit into the sport fish special fund:
(1) Moneys collected
as fees for sport fishing licenses and permits, attendance of aquatic resources
education programs, use of public fishing areas or other fishing grounds for
sport fishing purposes, and use of sport fisheries-related facilities;
(2) Moneys
collected under the provision of any law or rule relating to the importation,
taking, catching, or killing of any sport fish;
(3) Moneys, other
than informers' fees authorized under section 187A-14, collected as fines or bail
forfeitures for sport fishing violations of this chapter and chapters 188, 189,
and 190;
(4) Moneys collected
from the sale of any article purchased from the department related to sport
fish or sport fishing;
(5) Any monetary
contributions or moneys collected from the sale of non-monetary gifts to benefit
sport fish or sport fishing; and
(6) Moneys derived
from interest, dividend, or other income from the above sources.
(c) Expenditures from the sport fish special fund
shall be limited to the following:
(1) For programs
and activities to implement title 12, subtitle 5, including the provision of
state funds to match federal grants under the Federal Aid in Sport Fish
Restoration (Dingell-Johnson/Wallop-Breaux) Act (64 Stat. 430, 16 U.S.C. §777),
as amended, for projects concerning sport fish;
(2) For acquisition
of the use, development, or maintenance of trails and accessways into public
fishing areas, fishery management areas, marine life conservation districts, or
private lands where public sport fishing is authorized; and
(3) For research programs
and activities concerning sport fish conservation and management. Research programs and activities conducted under
this paragraph may be conducted by personnel of the department or through grants-in-aid
to or contracts with the University of Hawaii or other qualified organizations
or individuals.
(d) The proceeds of the sport fish special fund
shall not be used as security for, or pledged to the payment of principal or interest
on, any bonds or instruments of indebtedness.
(e) In addition to subsection (c), the department
may use moneys in the sport fish special fund for the importation into, and the
management, preservation, propagation, enforcement, and protection of sport
fishes in, the State; provided that the department, prior to authorizing expenditures
or expending funds from the sport fish special fund, first shall attempt to use
those funds to maximize the State's participation to secure federal funds under
the Federal Aid in Sport Fish Restoration (Dingell-Johnson/Wallop-Breaux) Act,
as amended.
(f) Nothing in this section shall be construed as
prohibiting the funding with general funds or other funds of programs and
activities to implement or enforce title 12, subtitle 5, concerning sport fish
management and conservation."]
SECTION 73. Section 189-2.4, Hawaii Revised Statutes, is repealed.
["§189-2.4 Commercial fisheries
special fund. (a) There is established in the treasury of the
State a special fund to be known as the commercial fisheries special fund which
shall be administered by the department.
(b) The following revenues shall be deposited into
the commercial fisheries special fund:
(1) Moneys
collected as fees for licenses and permits related to commercial fishing and
the sale of aquatic life, use of public fishing grounds for commercial fishing
purposes, and use of commercial fisheries-related facilities;
(2) Moneys collected
under the provision of any law or rule related to the importation, rearing, fishing,
taking, catching, or killing of any aquatic life for commercial purposes;
(3) Moneys, other
than informers' fees authorized under section 187A-14, collected as fines or
bail forfeitures or administrative fines for violations of this chapter;
(4) Moneys collected
from the sale of any article purchased from the department related to aquatic
life used for commercial purposes or fishing for commercial purposes;
(5) Any monetary contributions
or moneys collected from the sale of nonmonetary gifts to benefit aquatic life
used for commercial purposes or fishing for commercial purposes; and
(6) Moneys derived
from interest, dividend, or other income from the above sources.
(c) The commercial fisheries special fund shall
be used for the following:
(1) Programs and
activities for projects concerning aquatic life used for commercial purposes;
(2) Developing and conducting resource
monitoring programs, conducting studies to determine the sustainable use of
aquatic life for commercial purposes, and developing recommendations for
acceptable levels of use;
(3) Research programs and
activities concerning the conservation and management of aquatic life for commercial
purposes;
(4) Programs and activities
concerning the importation and management, preservation, propagation,
enforcement, and protection of aquatic life used for commercial purposes; and
(5) Payroll for
personnel of the department or the awarding of grants-in-aid to or contracts
with the University of Hawaii or other qualified organizations or individuals
to develop or implement the programs and activities for the conservation and
management of aquatic life for commercial purposes.
(d) The proceeds of the commercial fisheries
special fund shall not be used as security for, or pledged to the payment of
principal or interest on, any bonds or instruments of indebtedness.
(e) Nothing in this section shall be construed to
prohibit the use of general funds or the funds of other programs and activities
to implement or enforce title 12, subtitle 5, concerning management and
conservation of aquatic life used for commercial purposes."]
SECTION 74. Section 195-9, Hawaii Revised Statutes, is repealed.
["§195-9 Natural area reserve fund; heritage program;
established. (a) There is hereby established in the state
treasury a special fund known as the natural area reserve fund to implement the
purposes of this chapter, including the identification, establishment, and
management of natural area reserves, the acquisition of private lands for new
natural area reserves, the operation of the heritage program, and the provision
of matching funds for the natural area partnership program. The fund shall be administered by the
department.
(b) The fund shall consist of moneys received from
any public or private sources. The fund
shall be held separate and apart from all other moneys, funds, and accounts in
the state treasury, except that any moneys received from the federal government
or from private contributions shall be deposited and accounted for in
accordance with conditions established by the agencies or persons from whom the
moneys are received. Investment earnings
credited to the assets of the fund shall become a part of the assets of the
fund. Any balance remaining in the fund
at the end of any fiscal year shall be carried forward in the fund for the next
fiscal year."]
SECTION 75. Section 195F-4, Hawaii Revised Statutes, is repealed.
["§195F-4 Forest stewardship
fund. (a) There is established a special fund within
the state treasury known as the forest stewardship fund which shall be used as
follows:
(1) Payments shall be made by the board pursuant
to agreements entered into with qualified landowners to further the purposes of
this chapter; and
(2) Moneys collected from:
(A) The harvest of non-native forest products
from forest reserves;
(B) The harvest of native forest products from
degraded forests as defined in section 186-5.5, within forest reserves;
(C) The sale of forest products found dead and
lying on the ground;
(D) The sale of tree seedlings from state
nurseries;
(E) The sale of any other
products or services, or anything of value derived from forest reserves not described
above; or
(F) The imposition of fines or penalties for
violations of this chapter and chapters 183 and 185 or any rule adopted
thereunder;
shall be used for: (i) replanting, managing, and maintaining designated
timber management areas; (ii) enhancing the management of public forest
reserves with an emphasis on restoring degraded koa forests; and (iii) developing
environmental education and training programs pertaining to sustainable
forestry; provided that the activities described in clauses (ii) and (iii) may
not be funded unless the activities described in approved management plans
pertaining to clause (i) are adequately funded.
(b) The fund shall consist of moneys received from
any public or private sources. The fund
shall be held separate and apart from all other moneys, funds, and accounts in
the state treasury; provided that any moneys received from the federal
government or from private contributions shall be deposited and accounted for in
accordance with conditions established by the agencies or persons from whom the
moneys are received.
Investment earnings credited to
the fund shall become a part of the assets of the fund. Any balance remaining in the fund at the end
of any fiscal year shall be carried forward in the fund for the next fiscal year."]
SECTION 76. Section 199-1.5, Hawaii Revised Statutes, is repealed.
["[§199-1.5] Conservation and resources enforcement special
fund; established. (a) There is hereby established in the state treasury
a special fund known as the conservation and resources enforcement special fund,
which shall be administered by the department.
(b) The following shall be deposited into the conservation
and resources enforcement special fund:
(1) Grants, awards,
donations, gifts, transfers, or moneys derived from public or private sources for
the purposes of enforcing the provisions of title 12; chapters 6D, 6E, and 6K;
or any rule adopted thereunder;
(2) Fees,
reimbursements, administrative charges, and penalties collected for activities
related to the enforcement of natural, cultural, and historic resources
protection laws and rules, except as otherwise provided by law that provides for
deposits into other special funds administered by the department;
(3) Moneys derived
from interest, dividends, or other income from the above-mentioned sources; and
(4) Appropriations
by the legislature to the special fund.
(c) The conservation and resources enforcement
special fund shall be used for expenditures, including but not limited to:
(1) Training;
(2) Research;
(3) Equipment;
(4) Preparation and
dissemination of information to the public;
(5) Data collection
and development;
(6) Information
technology;
(7) Safety;
(8) Wireless
communication;
(9) Management;
(10) Travel;
(11) Equipment
rental;
(12) Repairs;
(13) Planning;
(14) Information;
(15) Education;
(16) Operations;
(17) Maintenance
functions authorized and deemed necessary by the department;
(18) Funding for consultants
or contractual hires related to the enforcement of:
(A) Title
12;
(B) Chapters
6D, 6E, and 6K; or
(C) Any
rule adopted thereunder; and
(19) Work performed
in cooperation with enforcement authorities of the State, the counties, and the
federal government.
(d) The fund shall be held separate and apart
from all other moneys, funds, and accounts in the department, except that any
moneys received from the federal government or from private contributions shall
be deposited and accounted for in accordance with conditions established by the
department and agencies or persons from whom the moneys are received. Any balance remaining in the fund at the end of
any fiscal year shall be carried forward in the fund for the next fiscal year.
(e) As used in this section, "department"
means the department of land and natural resources."]
SECTION 77. Section 200-8, Hawaii Revised Statutes, is repealed.
["§200-8 Boating program;
payment of costs. The cost of
administering a comprehensive statewide boating program, including but not limited
to the cost of:
(1) Operating,
maintaining, and managing all boating facilities under the control of the department;
(2) Improving
boating safety;
(3) Operating a vessel
registration and boating casualty investigation and reporting system;
(4) Other boating program
activities; and
(5) Planning, developing, managing,
operating, or maintaining of all lands and improvements under the control and
management of the board, including but not limited to permanent or temporary
staff positions who may be appointed without regard to chapter 76,
shall be paid from the boating special fund;
provided that any fees collected within small boat harbors shall be expended
only for costs related to the operation, upkeep, maintenance, and improvement
of the small boat harbors. The amortization
(principal and interest) of the costs of capital improvements for boating
facilities appropriated after July 1, 1975, including but not limited to
berths, slips, ramps, related accommodations, general navigation channels, breakwaters,
aids to navigation, and other harbor structures, may be paid from the boating
special fund or from general revenues as the legislature may authorize in each
situation. Revenues provided in this
chapter for the boating special fund shall be at least sufficient to pay the
special fund costs established in this section."]
SECTION 78. Section 502-8, Hawaii Revised Statutes, is repealed.
["§502-8 Bureau of conveyances
special fund. (a) There is established in the state treasury
the bureau of conveyances special fund, into which shall be deposited the
revenues remitted pursuant to sections 501-23.5 and 502-25, interest earnings,
grants, donations, and appropriations from the legislature that shall be held
separate and apart from all other moneys, funds, and accounts in the state
treasury.
(b) Moneys in the bureau of conveyances special
fund shall be used by the bureau of conveyances for the following purposes:
(1) Planning,
design, construction, and acquisition of equipment, furnishings, and software
necessary for the development of the recording system described in this chapter
and chapter 501;
(2) Operating,
maintaining, and improving the recording system described in this chapter and
chapter 501 or any other purpose deemed necessary by the bureau of conveyances for
the purpose of planning, improving, developing, operating, and maintaining the
recording system described in this chapter and chapter 501;
(3) Permanent and
temporary staff positions for the purposes of this chapter and chapter 501; and
(4) Administrative
costs for the purposes of this chapter and chapter 501.
(c) All moneys in excess of $500,000 remaining on
balance in the bureau of conveyances special fund on June 30 of each year shall
lapse to the credit of the state general fund; provided that any balance of
funds collected pursuant to section 16 of Act 120, Session Laws of Hawaii 2009,
shall not lapse to the credit of the state general fund. On July 1 of each year, the director of finance
is authorized to transfer any excess funds in the bureau of conveyances special
fund to the state general fund."]
SECTION 79. Sections 171-154, 171-155, 179D-8(e), 179D‑24(e), 183-16, 190D-33, 200-2.5(d), 200-6(c), 200-10(h), 200-14.5, 200-34, 200-47, 200-47.5(f), and 235-110.97(g), Hawaii Revised Statutes, are amended by substituting the words "general fund", or similar term, whenever the words "beach restoration [special] fund", "dam and reservoir safety special fund", "dam and reservoir safety special fund created in section 179D-25", "forest stewardship fund", "special land and development fund to be used for planning, research, and development of the aquaculture industry", "boating special fund", "Hawaii historic preservation special fund established under section 6E-16", or similar term, appears, as the context requires.
SECTION 80. The following funds (appropriation code) are abolished:
(1) Water and land development (S-303-C);
(2) Na ala hele program (S-306-C);
(3) Public land trust inventory & info sys (S-315-C);
(4) Prevention of natural disasters (S-323-C);
(5) Ecosystem protection and restoration (S-341-C);
(6) Cb cost items, bu 14 (S-362-C);
(7) Iucn – sldf (S-371-C); and
(8) County lifeguard services spec fd (S-376-C),
and any unencumbered balances shall lapse to the credit of the general fund.
PART V. DEPARTMENT OF EDUCATION
SECTION 81. Section 302A-405, Hawaii Revised Statutes, is amended to read as follows:
"§302A-405 School cafeterias;
funds; expenditures. (a)
The price for school meals shall be set by the department to ensure that
moneys received from the sale of the meals shall be not less than one-half of
the cost of preparing the meals. The
prices for school meals may be adjusted annually based on the previous year's
costs rounded to the nearest five cents; provided that the department by rule
shall provide a lower rate or free meals to children based on their economic
need.
[(b) All moneys received by or for the public
school cafeterias from the sale of meals, the sale of services, the federal
government, or any other source, shall be deposited in one special school lunch
fund. Except as otherwise provided by
the legislature, all expenditures for the operation of public school cafeterias
shall be made from this fund.
(c)] (b) It is the intent of this section not to
jeopardize the receipt of any federal aid and to the extent, and only to the
extent necessary to effectuate this intent, the governor may modify the strict
provisions of this section, but shall promptly report any such modification
with the governor's reasons therefor to the next succeeding session of the
legislature for review."
SECTION 82. Section 302A-420, Hawaii Revised Statutes, is amended to read as follows:
"§302A-420 Profits to pupils. All net profits arising from agricultural and
industrial pursuits under sections 302A‑420 to 302A-431 at any school[,
under the rules of the department:
(1) Shall be used
by the school for the purchase of equipment and material, not otherwise
provided for in the school budget, that will be of general benefit to the pupils;
or
(2) May be
distributed among the pupils actually engaged in the pursuits.] shall be
deposited into the general fund.
The department shall provide for the keeping of simple books of account, showing the source and distribution of the money resulting from the operations carried on pursuant to this section, and for the auditing of these books of account at least quarterly."
SECTION 83. Section 302A-435, Hawaii Revised Statutes, is amended to read as follows:
"[[]§302A-435[]]
Financing adult and community education
program. [The financial support for this program shall be in part from
fees collected from students enrolled, and in part from public funds
appropriated for this purpose.] Fees
for the financing adult and community education program shall be set in
accordance with the recommendations of the advisory council, and may be
collected from students regularly enrolled; provided that:
(1) Adults registered with the department of labor and industrial relations and unemployed shall be granted free enrollment in such courses as will tend to assist these persons in securing employment;
(2) Adults certified by the department of human services as indigent may be enrolled on a nonfee basis in classes that will tend to assist these persons in becoming self-sustaining;
(3) Discharged
veterans who are entitled to federal educational assistance shall be enrolled
upon authorization of the Department of Veterans Affairs and fees shall be
charged against federal funds in accordance with Department of Veterans Affairs
contract regulations; [and]
(4) Administrative and
supervisory costs, costs of instruction, and all other necessary expenses not
covered by fees and other authorized charges shall be paid for out of funds appropriated
for this purpose[.]; and
(5) Revenues from the
fees shall be deposited into the general fund.
The department shall provide for the keeping of simple books of account, showing the fees collected."
SECTION 84. Section 302A-1148, Hawaii Revised Statutes, is amended to read as follows:
"§302A-1148 Use of school facilities
and grounds. (a) All public school buildings, facilities, and
grounds shall be available for general recreational purposes, and for public
and community use, whenever these activities do not interfere with the normal and
usual activities of the school and its pupils.
Any other law to the contrary notwithstanding, the department shall
adopt rules under chapter 91 as are deemed necessary to carry out the
purposes of this section and may issue licenses, revocable permits, concessions,
or rights of entry to school buildings and grounds for such periods of use as
deemed appropriate by the department. All
such dispositions, including those in excess of fourteen days, need not be approved
by the board of land and natural resources; provided that approval by the board
of land and natural resources shall be required when the dispositions are for
periods in excess of a year. The department
may assess and collect fees and charges from the users of school buildings, facilities,
grounds, and equipment, which include fees and charges assessed and collected
by the department for parking on roadways and in parking areas under the
jurisdiction of the department, pursuant to section 302A‑1151.6. The fees and charges shall be deposited into [a
separate fund and expended by the department under rules as may be adopted by
the board; provided that any parking fees assessed and collected by a school
shall be deposited to the credit of that school's nonappropriated local school
fund account.] the general fund.
(b)
[A separate
subaccount of the fund established pursuant to subsection (a), to be
known as] There is established the school facilities [subaccount, shall be established for]
account into which shall be deposited all proceeds
from the leases, permits, interest income generated from public school lands,
and other revenue generated from the nonpermanent disposition of public school
lands, including facilities, pursuant to section 302A-1151.1. The [subaccount] account shall be governed by section 302A-1151.2."
SECTION 85. Section 302A-1151.6, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Fees collected under this section shall be deposited
into the [same fund into which fees and charges assessed and collected by
the department for the use of school facilities under section 302A-1148 are deposited;]
general fund; provided that any parking fees assessed and collected by a
school shall be deposited to the credit of the school's nonappropriated local
school fund account."
SECTION 86. Section 302A-1310, Hawaii Revised Statutes, is amended to read as follows:
"§302A-1310 Out-of-school time instructional programs; funds[, expenditures]. All moneys received by and for the public
out-of-school time instructional programs from tuition and other fees or from
any other source shall be deposited [in a special out-of-school time instructional
program fund; and except as otherwise provided by the legislature, all expenditures
for the operation of public out-of-school time instructional programs shall be
made from this fund.] into the general fund."
SECTION 87. Section 302A-1502.4, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The fund may receive contributions, grants,
endowments, or gifts in cash or otherwise from all sources, including
corporations or other businesses, foundations, government, individuals, and other
interested parties. [The fund shall
also receive moneys transferred to it from the school-level minor repairs and
maintenance special fund established under section 302A-1504.5.] The legislature intends that public and
private sectors review and investigate all potential funding sources. The State may appropriate moneys to the fund;
provided that any appropriations made by the State are not intended to supplant
the funding of any existing programs."
SECTION 88. Section 312-3.6, Hawaii Revised Statutes, is amended to read as follows:
"§312-3.6 [Libraries special
fund.] Library donations.
[(a) There is established in
the state treasury a libraries special fund into which shall be deposited all
moneys collected pursuant to section 312-3.5, and all moneys designated to be paid
to this fund pursuant to section 235-102.5(c).
(b) The fund shall be administered by the state
librarian who shall, unless otherwise directed by the library advisory committee,
disburse to each public library, the amount commensurate with the moneys
received from the library under section 312-3.5 over the previous fiscal period. Allocations shall be made in quarterly
installments within thirty days of the end of each calendar quarter.
(c) Moneys allocated from the libraries special fund
to the public libraries shall be used to purchase books or other library materials. Each public library may post on a bulletin board
or other appropriate place a list of the purchases made from the special fund
in the preceding quarter.
(d) The state librarian shall submit an annual
report on the status of the libraries special fund, to include information
regarding:
(1) Deposits into
the fund and the source of these revenues;
(2) Allocations to
each public library, including allocations established for both the fiscal year
covered by the annual report and the subsequent fiscal year;
(3) Descriptions
and amounts of expenditures made from the fund;
(4) Balances
remaining on June 30 of each year;
(5) Financial information
regarding receipt sources by individual libraries; and
(6) Actual expenditure
of receipts by individual libraries;
provided that this report shall be submitted to
the legislature and to the governor, or the director of finance if so delegated
by the governor, no later than twenty days prior to the convening of each
regular session of the legislature.
[(e)]] The state librarian
may receive privately donated moneys and use [such] the moneys in
any of the library system's accounts or funds to support the operations of the
library system, including the payment of staff salaries and expenses related to
operations of library facilities; provided that the donor is advised that the
donated moneys may be used for these purposes."
SECTION 89. Section 312-21, Hawaii Revised Statutes, is amended to read as follows:
"§312-21 Fee for enhanced services program; established. (a) The state librarian shall:
(1) Provide for the establishment and ongoing operation of a fee for enhanced services program, which includes but is not limited to the planning, programming, and budgeting of operating, research and development, and capital investment programs; and
(2) Have the ability to
designate one or more of the public library's subordinates to be a notary
public pursuant to section 456-18.
Notwithstanding section 456-18, the designated subordinates, upon duly
qualifying and receiving commissions as notaries public in government service,
may administer oaths or take acknowledgements in nongovernmental matters, for
which services the prescribed fees shall be demanded and received as governmental
realizations and deposited into the [library fee for enhanced services special
fund; and
(3) Administer the
library fee for enhanced services special fund.
(b) Notwithstanding section 312-3.6, all moneys
collected through the fee for enhanced services program shall be deposited into
the library fee for enhanced services special fund established under section
312-22.
(c)]
general fund.
(b) The state librarian, with the approval of the board of education, shall determine the types and kinds of enhanced services to be included under the fee for enhanced services program; provided that a schedule of fees for these enhanced services shall be adopted in accordance with chapter 91. Libraries shall not be obligated to offer all of the services specified in the fee for enhanced services program, and each public library shall determine which services it will provide."
SECTION 90. Section 302A-425.5, Hawaii Revised Statutes, is repealed.
["[§302A-425.5] Private trade, vocational, and technical school licensure special fund. There is created in the state treasury
a special fund to be designated as the private trade, vocational, and technical
school licensure special fund into which shall be deposited:
(1) All revenues
and fees collected by the department pursuant to section 302A-425; and
(2) Appropriations from
the general fund of the State.
Moneys in the private trade, vocational, and
technical school licensure special fund shall be used to fund activities
related to the licensure requirements established under section 302A‑425,
including funding for permanent staff positions and administrative and operational
costs."]
SECTION 91. Section 302A-707, Hawaii Revised Statutes, is repealed.
["[§302A-707] Felix
stipend program special fund.
(a) There is established the
Felix stipend program special fund, into which shall be deposited all moneys
received as repayment from students due to a breach in contractual agreements
under the Felix stipend program, which offers tuition waivers for qualified candidates
who enroll at the University of Hawaii in special education teacher programs at
the undergraduate, post-baccalaureate, and graduate levels in exchange for their
agreement to work for the department for a period of three to five years
immediately following completion of their teacher preparation program.
(b) The special fund shall be administered and
used by the department to provide ongoing funding for the provision of tuition
assistance to students for the Felix consent decree recruitment and retention program,
or any successor programs, and related costs."]
SECTION 92. Section 302A-1130.6, Hawaii Revised Statutes, is repealed.
["§302A-1130.6 Curricular
materials fee special account.
There is established within the department a curricular materials fee
special account, into which shall be deposited all fees and charges collected from
students or their parents or guardians for the loss, destruction, breakage, or
damage of curricular materials.
Disbursements from this special account shall be expended by the department
for the purposes of purchasing, replacing, or repairing curricular materials."]
SECTION 93. Section 302A-1504.5, Hawaii Revised Statutes, is repealed.
["§302A-1504.5 School-level
minor repairs and maintenance special fund[;] reporting of carry over
funds. (a) There
is established within the state treasury a special fund to be known as the
school-level minor repairs and maintenance special fund, into which shall be
deposited all moneys collected pursuant to section 235-102.5(b), and any other
moneys received by the department in the form of grants and donations for
school-level improvements and minor repairs and maintenance. The special fund shall be administered by the
department and used to fund school-level minor repairs and maintenance. The department shall transfer moneys collected
pursuant to section 235-102.5(b), and may transfer any other moneys received in
the form of grants and donations for school-level improvements and minor
repairs and maintenance to the Hawaii 3R's school improvement fund established
pursuant to section 302A-1502.4.
(b) The department shall submit to the director
of finance a report that shall be prepared in the form prescribed by the
director of finance and shall identify the total amount of funds in the school-level
minor repairs and maintenance special fund that will carry over to the next fiscal
year. The department shall submit the
report to the director of finance within ninety days of the close of each
fiscal year and a copy of the report to the legislature no later than twenty
days prior to the convening of each regular session."]
SECTION 94. Section 312-22, Hawaii Revised Statutes, is repealed.
["§312-22 Library fee for enhanced services special
fund. (a) There is established in the state treasury
the library fee for enhanced services special fund into which shall be deposited
all moneys collected pursuant to section 312-21 and any fee schedules adopted
pursuant thereto.
(b) The special fund shall be administered by the
state librarian who shall determine the annual amount that each public library
shall receive. Allocations shall be
based on the balance in the special fund on the first day of each fiscal year
and made in quarterly installments not more than thirty days after the close of
each fiscal quarter.
(c) Moneys allocated from the special fund shall
be used by each community, school, or public library to operate its fee for
enhanced services program. Each library
shall post in a conspicuous place a list of expenditures made by the library
from the special fund during the preceding fiscal quarter.
(d) The state librarian shall submit an annual
report on the status of the special fund.
The report shall include information about:
(1) Deposits made into
the fund and the source of these deposits;
(2) Allocations to
each public library, including allocations established for both the fiscal year
covered by the annual report and the subsequent fiscal year;
(3) Descriptions
and amounts of the expenditures made from the fund;
(4) The balance remaining
in the fund on June 30 of each year;
(5) Financial
information regarding receipt sources by individual libraries; and
(6) Actual
expenditure of receipts by individual libraries.
The report shall be submitted to the legislature
and the governor not later than twenty days prior to the convening of each
regular session."]
SECTION
95. Section 302A-425(f), Hawaii Revised Statutes,
is amended by substituting the words "general fund" wherever the words
"private trade, vocational, and technical school licensure
special fund" appears, as the context requires.
SECTION
96. Sections 302A-1151.1(b) and 302A-1151.2, Hawaii Revised Statutes,
are amended by substituting the words "school facilities account"
wherever the words "school facilities subaccount" appears,
as the context requires.
SECTION 97. The following funds (account code) are abolished:
(1) Regular instruction - high school (S-301-E); and
(2) E-reg instruction - industrial pursuits (S-301-E),
and the unencumbered balances shall lapse to the credit of the general fund.
PART VI. UNIVERSITY OF HAWAII
SECTION 98. Chapter 304A, Hawaii Revised Statutes, is amended by adding seven new sections to be appropriately designated and to read as follows:
"§304A- Risk management. The board of regents shall develop internal policies and procedures for the management of risk at the university that are consistent with the goals of public accountability.
§304A-
Professional
liability. The university may
establish appropriate charges and fees to individuals who are provided professional
liability coverage under the university.
§304A-
Public
service programs. The university may establish and
collect fees and charges for the following public service programs:
(1) Noncredit educational programs in professional development
and training, personal growth, and cultural enrichment; and
(2) Cooperative extension and consultative services.
§304A- Auxiliary services. The university may establish and collect fees and charges for the costs of providing auxiliary services comprising services provided by the university to students, faculty, staff, and others that are ancillary to, but facilitate, the instruction, research, and public service missions of the university and may include food services, transportation services, counseling and guidance, and laboratory animal services.
§304A- Capital improvements program project assessments. The president or the president's designee shall make reasonable assessments on capital improvements program projects, repair and maintenance projects, and major renovation projects managed by the university to carry out the program of centralized management, oversight, and administration of the projects. The assessments shall be based on the evaluation by the president or the president's designee of the reasonable historic and projected costs of providing such services. All assessments collected shall be deposited into the general fund.
§304A- Athletic program charges. The university may establish appropriate charges for activities related to its athletic programs and the use of its athletic facilities.
§304A-
Real
property and facilities use. The
board of regents may establish prices, fees, and charges, including those for
the sale, lease, or use of university real property and facilities, which include
land, buildings, grounds, furnishings, and equipment; provided that the
university shall comply with all statutory and common law requirements in the
disposition of ceded lands. The board of
regents shall be exempt from the public notice and public hearing requirements
of chapter 91 in establishing and amending the fees and charges. Revenues pursuant to this section shall be deposited
into the general fund."
SECTION 99. Section 304A-116, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The provision of child care services may be
supported with proceeds from [the child care programs special fund
established under section [304A-2173],] public funds[,] and private
grants and gifts to pay for the expenses of operation, including payment of
principal and interest on any obligations incurred."
SECTION 100. Section 304A-501, Hawaii Revised Statutes, is amended to read as follows:
"[[]§304A-501[]] University
of Hawaii scholarship and assistance program; power of regents to grant scholarship
and assistance. The board of regents,
or its designated representatives, is authorized to grant, modify, or suspend
scholarship and assistance. [The
board may exercise this authority through the University of Hawaii scholarship
and assistance special fund established under section [304A-2159].]"
SECTION 101. Section 304A-504, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) [Appropriations for the state scholars program
shall be deposited into the [University of Hawaii scholarship and assistance
special fund] established pursuant to section [304A‑2159].] The number of scholarships awarded and amount
of each scholarship shall be determined by the university subject to the availability
of funds.
The University of Hawaii shall offer scholarships to pay for educational costs, such as tuition, fees, books, housing, and other educational costs; provided that the scholarship applicant:
(1) Is a bona fide resident of the State, for tuition purposes, at the time of admission to the university;
(2) Presents evidence of academic excellence by meeting one or more of the following:
(A) Graduation from a public or private high school in the State as a valedictorian of the applicant's class;
(B) Has a cumulative high school grade point average of 4.0 as determined for admission to the university; or
(C) Has achieved a test score on a standardized college admission test recognized and accepted by the university for admission consideration, such as SAT or ACT, that places the student among the top ten percentile of students taking the test nationwide;
(3) Enrolls at a University of Hawaii system campus within eighteen months of graduating from high school; and
(4) Maintains
satisfactory progress toward degree completion and a cumulative 3.0 grade point
average."
SECTION 102. Section 304A-701, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:
"(g) In accordance with chapter 103D, the university
may enter into written contracts with collection agencies for the purpose of
collecting delinquent loans. All
payments collected, exclusive of a collection agency's commissions, shall [revert,
and] be credited[,] to the [Hawaii educator loan program revolving]
general fund. A collection agency
that enters into a written contract with the university for the collection of
delinquent loans pursuant to this section may collect a commission from the
debtor in accordance with the terms of, and up to the amounts authorized in,
the written contract."
SECTION 103. Section 304A-703, Hawaii Revised Statutes, is amended to read as follows:
"§304A-703 Capacity of minors in
qualifying for Hawaii educator loans.
Any student otherwise qualifying for a loan under the Hawaii educator
loan program [revolving fund] shall not be disqualified because the
student is under the age of eighteen years, and for the purpose of applying
for, receiving, and repaying the loan, any such person shall be deemed to have
full legal capacity to act and shall have all rights, powers, privileges, and
obligations of an adult with respect thereto."
SECTION 104. Section 304A-704, Hawaii Revised Statutes, is amended by amending its title to read as follows:
"§304A-704 Rules governing Hawaii
educator loan program [revolving fund]."
SECTION 105. Section 304A-1653, Hawaii Revised Statutes, is amended to read as follows:
"[[]§304A-1653[]] State
aquarium admission and user fees.
The board of regents may charge the public a fee for admission to the
aquarium and for the use of aquarium facilities and programs. In establishing the fees, the board of
regents shall be exempt from the public notice, public hearing, and
gubernatorial approval requirements of chapter 91. The fees may be established at an open public
meeting subject to the requirements of chapter 92. [The fees shall be deposited into the
state aquarium special fund established under section [304A‑2165].]"
SECTION 106. Section 304A-1902, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) In establishing the
fees, the board of regents shall be exempt from the public notice, public hearing,
and gubernatorial approval requirements of chapter 91; provided that the fees
shall be established at an open public meeting pursuant to chapter 92. [The fees shall be deposited into the
Mauna Kea lands management special fund established under section 304A-2170.]"
SECTION 107. Section 304A-1905, Hawaii Revised Statutes, is amended to read as follows:
"[[]§304A-1905[]] Mauna Kea lands; reporting requirements.
The board of regents shall report annually to the legislature, no later
than twenty days prior to the convening of each regular session, on the Mauna
Kea lands activities, current and pending lease agreements and fees, the status
of current and pending administrative rules, [income and expenditures of the
Mauna Kea lands [management] special fund established in section 304A-2170,]
and any other issues that may impact the activities of the Mauna Kea lands."
SECTION 108. Section 304A-2003, Hawaii Revised Statutes, is amended to read as follows:
"[[]§304A-2003[]] Appropriations;
accounts; depositories. Moneys
appropriated by the legislature for the university shall be payable by the
director of finance, upon vouchers approved by the board of regents or by any officer
elected or appointed by the board under section 304A‑105 and authorized
by the board to approve such vouchers on behalf of the board. All moneys received by or on behalf of the board
or the university shall be deposited with the director of finance; except that
any moneys received from the federal government or from private contributions
shall be deposited and accounted for in accordance with conditions established
by the agencies or persons from whom the moneys are received and except that,
with the concurrence of the director of finance, moneys received from the
federal government for research, training, and other related purposes of a
transitory nature and moneys in trust, special, or revolving funds administered
by the university may be deposited in depositories other than the state treasury;
provided that the university informs the director of finance of the depositories
in which moneys from the funds have been deposited and submits copies of annual
statements from each of the depositories in which the moneys from the funds are
deposited. [All income from tuition
and fees charged for regular courses of instruction and tuition related course
and fee charges against students shall be deposited to the credit of the
University of Hawaii tuition and fees special fund pursuant to section [304A-2153].] Income from university projects as defined
and described in [section [304A‑2167.5] and] sections [[]304A-2671[]]
to [[]304A-2684[]], may be credited to special or other funds."
SECTION 109. Section 304A-2101, Hawaii Revised Statutes, is amended to read as follows:
"[[]§304A-2101[]] General
fund budget appropriations; formulation.
(a) The general fund budget
appropriations for the university shall be an amount not less than [three]
four times and not greater than [five] six times the
amount of regular tuition and related fee revenues estimated for that fiscal
year.
(b) Any general fund budget appropriation for the university for operating purposes for any fiscal year shall include the consideration of:
(1) The fiscal condition of the State;
(2) Enrollment;
(3) Access to educational opportunity;
(4) The mix of resident and nonresident students; and
(5) Community service and noninstruction programs.
[(c) No revenue received by the university pursuant
to the University of Hawaii tuition and fees special fund established under
section [304A-2153] may be used by the governor or the director of finance as a
justification for reducing any budget request or allotment to the university unless
the university requests such a reduction.]"
SECTION 110. Section 304A-2275, Hawaii Revised Statutes, is amended to read as follows:
"[[]§304A-2275[]] University
parking revolving fund. There is established
the university parking revolving fund. All fees, fines, or other moneys collected
under subpart B of part VI shall be deposited into this fund. [All moneys in the fund are hereby appropriated
for the purposes of, and shall be expended by the board of regents in the
manner specified by, section [304A-2167.5].]"
SECTION 111. Section 453-8.8, Hawaii Revised Statutes, is amended to read as follows:
"§453-8.8 Physician workforce assessment fee;
license; physician workforce information.
When a license is renewed, each physician or surgeon and each
osteopathic physician or surgeon shall be assessed a fee of $60 that shall be
transferred and deposited into the [John A. Burns school of medicine special
fund established under section 304A-2171 to support ongoing assessment and
planning of the physician workforce in Hawaii, including ongoing assessment and
planning, as well as the recruitment and retention of physicians, especially
for the physician workforce serving rural and medically underserved areas of the
State.] general fund. Payment
of the physician workforce assessment fee shall be required for license renewal."
SECTION 112. Section 304A-1893.1, Hawaii Revised Statutes, is repealed.
["§304A-1893.1 Periodic evaluation. (a)
Evaluations shall be conducted of the projects and activities funded by
the energy systems development special fund.
Using objective criteria, the evaluation shall assess the degree to which
the projects and activities comport with and achieve the stated objectives of
the energy systems development special fund pursuant to section 304A-2169.1.
(b) The initial evaluation shall be conducted
beginning July 1, 2017, and every three years thereafter by a two-person panel
of independent energy and environmental technical experts who shall be appointed
by the University of Hawaii office of the vice president for research and
innovation. The panel shall submit a
report of the findings and recommendations of each evaluation to the legislature
no later than twenty days prior to the convening of the following regular
session. The Hawaii natural energy institute
shall cooperate with and provide support to the evaluation panel."]
SECTION 113. Section 304A-1894.1, Hawaii Revised Statutes, is repealed.
["§304A-1894.1 Plan of action. Prior to the initiation of any projects or activities
authorized by section 304A-2169.1, the Hawaii natural energy institute shall develop
a plan of action in coordination with the chief energy officer of the Hawaii
state energy office with the intent of promoting effective prioritization and
focusing of efforts consistent with the State's energy programs."]
SECTION 114. Section 304A-2151,
Hawaii Revised Statutes, is repealed.
["[§304A-2151] University of
Hawaii risk management special fund.
(a) There is established the
University of Hawaii risk management special fund. The following may be deposited into the
special fund:
(1) Appropriations
by the legislature;
(2) Assessments for
risk management costs as applicable against any funds of the university;
(3) Moneys received
from the settlement of claims or losses of the university that are not
contractually or otherwise obligated for other purposes; and
(4) Moneys received
pursuant to an insurance policy.
(b) Notwithstanding any other law to the
contrary, the university may transfer funds at its disposal into the special fund
to be expended for the purposes provided herein.
(c) Revenues deposited into the special fund may
be expended by the university for costs and expenses associated with the administration
and operation of the risk management program, including but not limited to insurance
premiums, retention payments, claims administration and operation, settlements,
payment of judgments, other obligations, and legal fees and costs.
(d) The board of regents shall develop internal policies
and procedures for the management of risk at the university that are consistent
with the goals of public accountability."]
SECTION 115. Section 304A-2152, Hawaii Revised Statutes, is repealed.
["[§304A-2152] University of Hawaii
at Manoa malpractice special fund.
(a) There is established the
University of Hawaii at Manoa malpractice special fund, which shall be used for
costs arising from the defense and settlement of claims against the university,
its students, or its faculty for professional malpractice in programs that provide
professional services, including but not limited to clinical medicine, nursing,
and law; provided that this fund shall not be used to fund settlements funded through
professional liability insurance or through special appropriations of the
legislature.
(b) The university may establish appropriate
charges and fees to individuals who are provided professional liability
coverage under this section, the proceeds of which shall be deposited in accounts
and credited to the University of Hawaii at Manoa malpractice special fund."]
SECTION 116. Section 304A-2153, Hawaii Revised Statutes, is repealed.
["§304A-2153 University of Hawaii
tuition and fees special fund.
(a) There is established the
University of Hawaii tuition and fees special fund into which shall be
deposited all revenue collected by the university for regular, summer, and
continuing education credit tuition, tuition-related course and fee charges,
and any other charges to students, except as provided by law. Moneys deposited into the fund shall be
expended to maintain or improve the university's programs and operations and
shall not be:
(1) Used as a justification
for reducing any budget request or allotment to the university unless the
university requests such a reduction;
(2) Transferred
unless otherwise authorized by the legislature; and
(3) Restricted by
the governor or the director of finance without the prior approval of the legislature.
Any rule, policy, or action of any
agency or individual in contravention of this subsection shall be void as
against public policy.
(b) Any law to the contrary notwithstanding, the
board of regents may authorize expenditures of up to $3,000,000 annually,
excluding in-kind services, from this fund for the purposes of promoting alumni
relations and generating private donations for deposit into the University of
Hawaii Foundation for the purposes of the university. Any expenditure authorized pursuant to this
subsection shall be for a public purpose and shall not be subject to chapters
42F, 103, 103D, and 103F. The university
shall submit a comprehensive report to the legislature detailing the use of any
funds authorized by the board under this subsection no later than twenty days
prior to the convening of each regular session.
The report shall:
(1) Identify each
department of the University of Hawaii Foundation supported by moneys from the
fund;
(2) Describe the
purposes and activities of each department identified in paragraph (1) and how
it participates in fundraising activities and benefits the university;
(3) Provide the total
expenditures of each department identified in paragraph (1) by primary expense
categories;
(4) Identify all moneys
from the fund transferred to any fund of the university and provide a justification
of how these moneys are used to benefit the university;
(5) Provide a
financial summary of the operating activities of the University of Hawaii Foundation,
including revenues and expenditures by major reporting categories; and
(6) Identify
amounts and purposes of all expenditures from the University of Hawaii support
fund.
(c) Any law to the contrary notwithstanding, the university
may transfer funds from the University of Hawaii tuition and fees special fund
into the scholarship and assistance special fund established pursuant to
section 304A-2159.
(d) In estimating its quarterly budget
requirements, each campus of the University of Hawaii shall prepare a plan for
the fiscal year for the operation of each of the programs that it is
responsible for administering. The
operations plan shall be:
(1) In such form
and content as the vice president for budget and finance and chief financial officer
of the University of Hawaii may prescribe; and
(2) Submitted, together
with the estimated quarterly budget requirements, to the vice president for
budget and finance and chief financial officer on such date as the vice
president for budget and finance and chief financial officer may prescribe.
(e) The president and vice president for budget
and finance and chief financial officer of the University of Hawaii:
(1) Shall review
the operations plan for each campus to determine if:
(A) It
is consistent with the policy decisions of the board of regents and appropriations
by the legislature;
(B) It
reflects proper planning and efficient management methods; and
(C) Appropriations
have been made for the planned purpose and will not be exhausted before the end
of the fiscal year;
(2) Shall approve
the operations plan for each campus if they determine that the operations plan
meets the requirements of paragraph (1); and
(3) May modify
or withhold the planned expenditures of any campus at any time during the appropriations
period.
(f) At the end of each fiscal year, the moneys in
the University of Hawaii tuition and fees special fund for each campus shall lapse
to the credit of program identification number UOH900 (University of Hawaii, system
wide support)."]
SECTION 117. Section 304A-2154, Hawaii Revised Statutes, is repealed.
["[§304A-2154] Systemwide information
technology and services special fund. There is established the systemwide information
technology and services special fund, from which all moneys shall be used in support
of systemwide information technology and services including personnel, equipment
costs, and other expenses, as well as planning, design, and implementation of
information technology infrastructure within the university. All moneys for the fund shall be provided
from revenues collected from users of information technology and services and
any information technology user fee established pursuant to section [304A-401]."]
SECTION 118. Section 304A-2155, Hawaii Revised Statutes, is repealed.
["[§304A-2155] Library special
fund. There is established a
library special fund for the libraries of the University of Hawaii into which
shall be deposited all fines, fees, and other revenue derived from the
libraries' operations. Moneys deposited
in this fund may be expended to replace or repair lost, damaged, stolen, or
outdated books, serials, and periodicals or to support and improve the services
provided by the libraries. The amounts
allocated to each campus library from the special fund shall be proportionate to
the amount of revenues generated by each library."]
SECTION 119. Section 304A-2156, Hawaii Revised Statutes, is repealed.
["[§304A-2156] University of
Hawaii community services special fund. (a)
There is established the University of Hawaii community services special
fund. Except as otherwise provided by
law, all revenues, including interest, derived and collected from the
university's provision of public service programs shall be deposited into the
University of Hawaii community services special fund. The university may establish and collect fees
and charges for public service programs.
All revenues deposited into the University of Hawaii community services
special fund shall be used exclusively for the costs of providing public
service programs. The university may establish
accounts under the community services special fund to facilitate the administration
of this fund among the various campuses and operating units of the University
of Hawaii system. All expenditures from
this fund shall be subject to legislative appropriation.
(b) As used in this section, "public service
programs" means:
(1) Noncredit
educational programs in professional development and training, personal growth,
and cultural enrichment; and
(2) Cooperative
extension and consultative services."]
SECTION 120. Section 304A-2157, Hawaii Revised Statutes, is repealed.
["[§304A-2157] University of
Hawaii auxiliary enterprises special fund. (a) There is established the University of
Hawaii auxiliary enterprises special fund.
Except as otherwise provided by law, all revenues, including interest,
derived and collected from the university's provision of auxiliary services
shall be deposited into the University of Hawaii auxiliary enterprises special
fund and shall be expended solely for the costs of providing these services. The university may establish and collect fees
and charges for the costs of providing these services. The university also may transfer other funds into
the University of Hawaii auxiliary enterprises special fund to offset the cost
of these services. The university may
establish accounts under the University of Hawaii auxiliary enterprises special
fund to facilitate the administration of this fund among the various campuses
and operating units of the University of Hawaii system. All expenditures from this fund shall be
subject to legislative appropriation.
(b) As used in this section, "auxiliary
services" means those services provided by the university to students,
faculty, staff, and others that are ancillary to, but facilitate the
instruction, research, and public service missions of the university and may
include food services, transportation services, counseling and guidance, and
laboratory animal services."]
SECTION 121. Section 304A-2159, Hawaii Revised Statutes, is repealed.
["[§304A-2159] University of
Hawaii scholarship and assistance special fund. (a)
There is established the University of Hawaii scholarship and assistance
special fund to be administered by the University of Hawaii. The special fund shall be administered
pursuant to the authority of the board of regents to grant, modify, or suspend
the scholarship and assistance under section [304A-501]. This fund shall be used to provide financial
assistance to qualified students enrolled at any campus of the University of
Hawaii.
(b) Revenues deposited into this fund shall
include but not be limited to state, federal, and private funds, funds transferred
by the university from the tuition and fees special fund pursuant to section
[304A-2153], and appropriations for the state scholars program; provided that
state funds appropriated for any scholarship program, including but not limited
to the B Plus scholarship program, the Hawaii state scholars program, and the
workforce development scholarship program, shall be kept in a separate and distinct
account.
(c) The annual report for the special fund shall
include but not be limited to the number of tuition waivers, scholarships, and
stipends. The report shall also include
but not be limited to the number of tuition waivers granted under section [304A-503]
through the Hawaii opportunity program in education. The report shall also include recommendations
as appropriate to the legislature on all tuition waivers.
(d) This fund is not intended to provide loans or
keep track of payback provisions."]
SECTION 122. Section 304A-2162, Hawaii Revised Statutes, is repealed.
["[§304A-2162] Community
colleges special fund.
(a) Section [304A-2003]
notwithstanding, there is established a community colleges special fund to receive,
disburse, and account for funds of programs and activities of the community colleges,
including but not limited to off-campus programs, summer session programs,
overseas programs, evening sessions, study abroad, exchange programs, cultural
enrichment programs, and consultative services that help make available the
resources of the community colleges to the communities they serve.
(b) The special fund may include deposits from:
(1) The University
of Hawaii tuition and fees special fund established in section [304A-2153];
(2) Tuition, fees,
and charges for affiliated instructional, training, and public service courses
and programs; and
(3) Fees, fines,
and other money collected for:
(A) Student
health;
(B) Transcript
and diploma;
(C) Library;
(D) Facility
use;
(E) Child
care;
(F) Auxiliary
enterprises;
(G) Alumni;
and
(H) Other
related activities."]
SECTION 123. Section 304A-2163, Hawaii Revised Statutes, is repealed.
["[§304A-2163] Center for
nursing special fund. There is
established a center for nursing special fund into which shall be deposited any
legislative appropriations, federal or private grants, and any other funds collected
for the purposes of the center for nursing established under section [304A-1404]. The fund shall be administered by the university,
and moneys in the fund shall be expended to support the center's activities."]
SECTION 124. Section 304A-2165, Hawaii Revised Statutes, is repealed.
["[§304A-2165] State aquarium
special fund. There is
established the state aquarium special fund into which shall be deposited all
revenues derived from all fees for admission and all fees for the use of
aquarium facilities and programs collected in conjunction with the operation of
the state aquarium. The special fund may
be deposited in depositories other than the state treasury; provided that the
university:
(1) Informs the
director of finance of the depositories in which moneys from the special fund have
been deposited; and
(2) Submits copies
of annual statements from each of the depositories in which the moneys from the
special fund are deposited.
Moneys deposited in this fund shall be expended
for the operation of the state aquarium."]
SECTION 125. Section 304A-2166, Hawaii Revised Statutes, is repealed.
["[§304A-2166] University of Hawaii-West
Oahu special fund. (a) There is established the University of
Hawaii-West Oahu special fund. The proceeds
of the special fund shall be used for the following purposes:
(1) Planning, land
acquisition, design, construction, and equipment necessary for the development of
the permanent campus of the University of Hawaii-West Oahu in Kapolei; and
(2) Planning, land acquisition,
design, improvement, and construction of infrastructure and other public or
common facilities necessary for the development of the permanent campus of the
University of Hawaii-West Oahu in Kapolei.
(b) The following shall be deposited into the
special fund:
(1) Appropriations
by the legislature to the special fund;
(2) All net
proceeds from the sale of public lands, all net rents from leases, licenses,
and permits, or all net proceeds derived from development rights for public lands:
(A) Proposed
for large lot subdivision as a five hundred acre parcel and designated as Lot 10077
in Land Court Application 1069; and
(B) Obtained
from the Campbell Estate in the land exchange described in section 2 of Act
294, Session Laws of Hawaii 1996, located mauka of the H-1 Freeway and
consisting of nine hundred forty-one acres, more or less; and
(3) Interest earned
or accrued on moneys in the special fund.
(c) The fund shall be managed by the university,
which shall also make expenditures from the fund.
(d) Notwithstanding any other law to the
contrary, no moneys from the special fund may be expended for any purposes
other than the purposes set forth herein unless otherwise approved by the
legislature."]
SECTION 126. Section 304A-2167.5, Hawaii Revised Statutes, is repealed.
["[§304A-2167.5] University revenue-undertakings fund.
(a) There is established a special fund for
the University of Hawaii to be known as the university revenue-undertakings fund
into which all revenue of the university under subpart D of part VI, including
any appropriation allocated pursuant to this section received from, or related
to, university projects, university systems, or networks or any combination thereof,
constructed or maintained by the board under subpart D of part VI shall be
deposited. At the direction of the
board, there may be established accounts in the university revenue-undertakings
fund as required by the resolution authorizing revenue bonds.
If revenue bonds are issued under
subpart D of part VI payable from the revenue of a university parking facility
or the revenue of a university system that includes a university parking facility,
the board in the resolution authorizing revenue bonds may direct that all or
any part of the moneys required by this chapter to be paid into the university
parking revolving fund created by section 304A-2275 shall be deposited in the
university revenue-undertakings fund in lieu of being deposited in the university
parking revolving fund.
(b)
All moneys in the university revenue-undertakings fund shall be applied in accordance with the resolution
of the board authorizing the issuance of revenue bonds under subpart D of part VI,
as follows:
(1) To provide for
all costs of construction, operation, repair, and maintenance of a university
project, university system, network, or any combination thereof, including
reserves therefor;
(2) To pay when due
all revenue bonds and interest thereon, for the payment of which all or any
part of the revenue of the university is or has been pledged, charged, or
otherwise encumbered, including reserves therefor;
(3) To reimburse
the university for all moneys advanced to pay the expenses incurred in making
the preparation for the initial issuance of revenue bonds under subpart D of part VI;
(4) To reimburse
the general fund of the State for principal and interest on general obligation
bonds issued for all university projects, university systems, networks, or any
combination thereof, or issued to refund any of such general obligation bonds, to
the extent required by law; and
(5) To provide a
reserve for betterments and improvements to and renewals and replacements of,
university projects, university systems, networks, or any combination thereof.
If adequate provision is made for
all the foregoing purposes, and if permitted by law and the covenants in the
resolution authorizing the issuance of revenue bonds under subpart D of part
VI, any moneys remaining in the university revenue-undertakings fund at the end
of a fiscal year may be expended by the board in subsequent years in furtherance
of any of the purposes of the university.
(c) The following terms used in this section
shall be as defined in section 304A-2671:
"appropriation", "board", "construction",
"cost of construction", "cost of maintenance",
"maintenance", "network", "reserves",
"revenue bonds", "revenue of the university", "university
project", and "university system"."]
SECTION 127. Section 304A-2168, Hawaii Revised Statutes, is repealed.
["§304A-2168 Hawaii cancer research special fund. (a) There is established
within the state treasury a special fund to be known as the Hawaii cancer research
special fund to be administered and expended by the University of Hawaii.
(b)
The moneys in the special fund shall be used by the University of Hawaii
for the cancer research center of Hawaii's research and operating expenses and capital
expenditures.
(c)
The following shall be deposited into the special fund:
(1) Moneys
collected pursuant to section 245-15;
(2) All other fees, charges, and other moneys
received in conjunction with programs of the cancer research center of Hawaii;
(3) Transfers from other accounts or funds; and
(4) Interest earned or accrued on moneys in the special fund.
(d) Beginning on January 1, 2010, the University
of Hawaii shall report semi-annually to the legislature on the moneys in the
Hawaii cancer research special fund, including deposits, expenditures, and
other transactions. The reports shall
explain in detail all expenditures from the special fund."]
SECTION 128. Section 304A-2169.1, Hawaii Revised Statutes, is repealed.
["[§304A-2169.1] Energy systems development special fund. (a) There is established the energy systems
development special fund for the purpose of developing an integrated approach
to and portfolio management of renewable energy and energy efficiency technology
projects that will reduce Hawaii's dependence on fossil fuel, imported oil, and
other imported energy resources and move Hawaii toward energy self-sufficiency.
(b) Deposits into the special fund may be from
the following:
(1) Appropriations
from the legislature;
(2) A portion of the
environmental response, energy, and food security tax pursuant to section
243-3.5; and
(3) Investment
earnings, gifts, donations, or other income received by the Hawaii natural
energy institute.
(c) The Hawaii natural energy institute shall
administer the special fund and may expend revenues of the special fund for the
following activities:
(1) Obtaining
matching funds from federal and private sources for research, development, and
demonstration of renewable energy sources;
(2) Awarding contracts
or grants to develop and deploy technologies that will reduce Hawaii's
dependence on imported energy resources and imported oil. Projects may be commissioned that:
(A) Balance
the risk, benefits, and time horizons of the investment to ensure tangible benefits
to the Hawaii consumer, with priority given to short-term technology
development;
(B) Emphasize
innovative and renewable energy supply and energy efficient end use
technologies focusing on environmental attributes, reliability, and affordability;
(C) Enhance
transmission and distribution capabilities of renewable energy supply for electricity;
(D) Enhance
reliability and storage capabilities of renewable energy for electricity;
(E) Ensure
that research, deployment, and demonstration efforts build on existing programs
and resources and are not duplicated;
(F) Address
critical technical and scientific barriers to achieving energy self-sufficiency
by reducing dependence on imported oil and imported energy resources;
(G) Ensure
that technology used and developed for renewable energy production and
distribution will be commercially viable; and
(H) Give
priority to resources that are indigenous and unique to Hawaii; and
(3) Managing the
portfolio of projects commissioned under this subsection."]
SECTION 129. Section 304A-2170, Hawaii Revised Statutes, is repealed.
["[§304A-2170] Mauna Kea lands management special fund. (a) There is established
the Mauna Kea lands management special fund, into which shall be deposited:
(1) Appropriations
by the legislature;
(2) All
net rents from leases, licenses, and permits, including fees and charges for
the use of land and facilities within the Mauna Kea lands;
(3) All
moneys collected for violations of subpart O of part IV; and
(4) Interest
earned or accrued on moneys in the special fund.
(b)
The proceeds of the special fund shall be used for:
(1) Managing
the Mauna Kea lands, including maintenance, administrative expenses, salaries
and benefits of employees, contractor services, supplies, security, equipment,
janitorial services, insurance, utilities, and other operational expenses; and
(2) Enforcing
administrative rules adopted relating to the Mauna Kea lands.
(c)
No moneys deposited into the Mauna Kea lands management special fund may
be used by the governor or the director of finance as a justification for reducing
any budget request or allotment to the University of Hawaii unless the University
of Hawaii requests the reduction.
(d)
The University of Hawaii may establish separate accounts within the
special fund for major program activities.
(e)
All expenditures from the special fund shall be subject to legislative
appropriation.
(f)
For the purposes of this section, "Mauna Kea lands" shall mean
the same as defined in section 304A-1901."]
SECTION 130. Section 304A-2171, Hawaii Revised Statutes, is repealed.
["§304A-2171 John
A. Burns school of medicine special fund.
(a) There is established the
John A. Burns school of medicine special fund, to be administered and expended by
the University of Hawaii.
(b) The following shall be deposited into the
special fund:
(1) Appropriations
by the legislature;
(2) Physician
workforce assessment fees established pursuant to section 453-8.8;
(3) Grants,
donations, gifts, or other income received for the purposes of the special
fund; and
(4) Interest earned
or accrued on moneys in the special fund.
(c) Moneys in the special fund shall be used to
support the John A. Burns school of medicine's activities related to physician
workforce assessment and planning within Hawaii; provided that of the physician
workforce assessment fees transferred and deposited into the special fund
pursuant to section 453‑8.8, no less than fifty per cent of the total
amount of assessment fees deposited shall be used for purposes identified by
the Hawaii medical education council to support physician workforce assessment
and planning efforts, including the recruitment and retention of physicians,
for rural and medically underserved areas of the State; provided further that
expenditures from the special fund shall be limited to no more than $245,000
annually. This shall include but not be
limited to maintaining accurate physician workforce assessment information and
providing or updating personal and professional information, that shall be
maintained in a secure database. The
John A. Burns school of medicine may disclose information specific to any
physician only with the express written consent of that physician."]
SECTION 131. Section 304A-2172, Hawaii Revised Statutes, is repealed.
["[§304A-2172] University
of Hawaii capital improvements program project assessment special fund. (a) There
shall be established in the university a special fund to be known as the
University of Hawaii capital improvements program project assessment special
fund for the purpose of defraying the costs involved in:
(1) Carrying out capital
improvements program projects managed by the university;
(2) Equitably
assessing, collecting, and distributing moneys for current and other expenses
associated with capital improvements program projects, repair and maintenance projects,
and major renovation projects;
(3) Managing the
payment of expenses assessable against capital improvements program projects managed
by or through the university, such as printing, employee transportation
requirements, project-related travel costs, travel per diem, and car mileage
reimbursements, in accordance with applicable laws and collective bargaining agreements;
and
(4) Managing funds
representing accumulated vacation and sick leave credits and retirement benefits
for non-general funded employees under the capital improvements program projects
managed by the university.
(b) The president or the president's designee shall
make reasonable assessments on capital improvements program projects, repair
and maintenance projects, and major renovation projects managed by the
university to carry out the program of centralized management, oversight, and
administration of the projects. The assessments
shall be based on the evaluation by the president or the president's designee
of the reasonable historic and projected costs of providing such services. All assessments collected shall be deposited
into the University of Hawaii capital improvements program project assessment
special fund.
(c) The University of Hawaii capital improvements
program project assessment special fund shall be administered by the office of
capital improvements of the university.
(d) All expenditures from the University of
Hawaii capital improvements program project assessment special fund shall be
made by the president or the president's designee in accordance with applicable
laws and rules."]
SECTION 132. Section 304A-2173, Hawaii Revised Statutes, is repealed.
["[§304A-2173] Child care
programs special fund. There
is established a child care programs special fund for the operation of child care
programs established under section 304A‑116 and the construction and
renovation of child care centers established by the University of Hawaii. Fees charged for child care at child care
programs, proceeds from donations to the university for child care programs,
and proceeds from loans or other instruments of indebtedness for the
construction or renovation of child care centers shall be deposited into the special
fund. Expenditures from the special fund
shall be made for the operation of child care programs and payment of principal
and interest on obligations incurred for the construction or renovation of
child care centers."]
SECTION 133. Section 304A-2176, Hawaii Revised Statutes, is repealed.
["[§304A-2176] University of
Hawaii at Manoa intercollegiate athletics special fund and University of Hawaii
at Hilo intercollegiate athletics special fund. Notwithstanding any other law to the contrary,
there are established the University of Hawaii at Manoa intercollegiate athletics
special fund and the University of Hawaii at Hilo intercollegiate athletics special
fund for the intercollegiate athletic programs of the University of Hawaii at Manoa
and the University of Hawaii at Hilo, which shall be used to receive, deposit,
disburse, and account for funds from the activities of the intercollegiate
athletic programs. The university may
establish appropriate charges for activities related to its athletic programs
and the use of its athletic facilities, the proceeds from which shall be
deposited into these special funds.
The university shall maintain the
financial integrity and viability of these special funds, including the maintenance
of an adequate reserve to cope with the various factors that impact the revenue
structure of an intercollegiate athletic program."]
SECTION 134. Section 304A-2178, Hawaii Revised Statutes, is repealed.
["[§304A-2178] University of
Hawaii-Hilo theatre special fund. There is established the University of
Hawaii-Hilo theatre special fund, which shall consist of admissions,
advertising sales, corporate sponsorships, marketing, merchandising, donations,
fundraising, fees, charges, and other moneys collected in conjunction with the University
of Hawaii-Hilo theatre program. The
special fund shall be administered by the office of administrative affairs of
the University of Hawaii at Hilo. Funds
may be expended for all costs associated with the theatre program, including artists'
fees, production costs, personnel costs, honoraria, per diem, hotel and room
rentals, food and refreshments, printing and mailing, advertising, airfare, leis,
rental or purchase of equipment, and theater supplies and materials."]
SECTION 135. Section 304A-2180, Hawaii Revised Statutes, is repealed.
["[§304A-2180] `Ulu`ulu: The Henry Ku`ualoha Giugni
Moving Image Archive of Hawai`i special fund. There is established the `Ulu`ulu: The Henry Ku`ualoha Giugni Moving Image Archive of Hawai`i special fund into which
shall be deposited any legislative appropriations, federal or private grants,
and any other funds collected for the purposes of the `Ulu`ulu: The Henry Ku`ualoha Giugni Moving Image Archive of Hawai`i designated under section
304A-1864. The fund shall be
administered and expended by the University of Hawaii. Moneys in the fund shall be expended to
support the activities of the moving image archive."]
SECTION 136. Section 304A-2181, Hawaii Revised Statutes, is repealed.
["[§304A-2181] University of Hawaii green special fund.
(a) There is established the
University of Hawaii green special fund, into which may be deposited:
(1) Savings realized
by the university from energy conservation measures;
(2) Investment
earnings, gifts, donations, or other income received by the University of
Hawaii;
(3) Any
rebates, grants, or incentives associated with energy conservation measures;
(4) Capital appropriations
for energy conservation measures;
(5) Until June 30,
2020, funds from any special or revolving fund established to fund energy
conservation measures projects at the University of Hawaii; and
(6) Proceeds from
University of Hawaii revenue bonds.
(b)
Moneys in the University of Hawaii green special fund shall be used to support
energy efficiency, renewable energy, and sustainability projects and services
including personnel, equipment costs, project costs, and other expenses, as well
as planning, design, and implementation of sustainability projects for the benefit
of the university; provided that any expenditure equal to or greater than
$167,000 shall require the approval of the legislature.
(c) The chief financial officer of the University of
Hawaii shall manage the University of Hawaii green special fund and shall have
the authority to garner monetary savings realized from campus energy
conservation measures projects.
(d)
The University of Hawaii may also transfer other funds into the University
of Hawaii green special fund to offset the costs and expenses associated with sustainability
initiatives at the University of Hawaii.
(e)
The University of Hawaii shall submit a report to the legislature on the
moneys deposited into the University of Hawaii green special fund, including:
(1) An explanation
of how savings were calculated;
(2) A review of all
the revenues deposited;
(3) A review of the
rebates, grants, or incentives received; and
(4) A review of any
other funds that may have been transferred,
no
later than twenty days prior to the convening of each regular session."]
SECTION 137. Section 304A-2260, Hawaii Revised Statutes, is repealed.
["[§304A-2260] University of
Hawaii graduate application revolving fund. There is established the University of Hawaii
graduate application revolving fund for graduate program application processing. The board of regents may establish appropriate
charges for application processing. The
revenues from the charges shall be deposited into this revolving fund and shall
be used to pay the costs of processing applications to all graduate programs."]
SECTION 138. Section 304A-2274, Hawaii Revised Statutes, is repealed.
["[§304A-2274] University of
Hawaii real property and facilities use revolving fund. (a)
There is established the University of Hawaii real property and facilities
use revolving fund into which shall be deposited all revenues collected by the
university for the use of university real property and facilities, except as
otherwise provided by law. The board of
regents may establish prices, fees, and charges, including those for the sale,
lease, or use of university real property and facilities, which include land,
buildings, grounds, furnishings, and equipment; provided that the university shall
comply with all statutory and common law requirements in the disposition of ceded
lands. The board of regents shall be
exempt from the public notice and public hearing requirements of chapter 91 in
establishing and amending the fees and charges.
The university may establish separate accounts within the revolving fund
for major program activities. Funds deposited
into the revolving fund accounts shall be expended to pay the costs of
operating university facilities, including maintenance, administrative
expenses, salaries, wages, and benefits of employees, contractor services, supplies,
security, furnishings, equipment, janitorial services, insurance, utilities,
and other operational expenses. Revenues
not expended as provided in this section may be transferred to other university
funds to be invested or expended for the administrative or overhead costs of the
university. All expenditures from this
revolving fund shall be subject to legislative appropriation.
(b) As used in this section, "maintenance"
includes repairs, replacement, renewals, operation, and administration."]
SECTION 139. Section 304A-2276, Hawaii Revised Statutes, is repealed.
["[§304A-2276] Hawaii educator
loan program revolving fund.
There is established the Hawaii educator loan program revolving fund,
for the purpose of providing loans pursuant to section 304A-701. Appropriations made by the legislature,
private contributions, repayment of loans, including interest and payments
received on account of principal, and moneys from other sources shall be deposited into the revolving
fund and shall be expended by the university.
An amount from the revolving fund not exceeding five per cent of
the total amount of outstanding loans may be set by the university to be used
for administrative expenses incurred in administering the revolving fund."]
SECTION 140. The following funds (account code) are abolished:
(1) Grant for the bridge-to-hope program (S-320-F);
(2) Nurse training (S-322-F); and
(3) Legislative relief for claims – UH (S-399-F),
and the unencumbered balances shall lapse to the credit of the general fund.
PART VII. DEPARTMENT OF DEFENSE
SECTION 141. The personal protective equipment, account code S-350-G, is abolished and any unencumbered balance shall lapse to the credit of the general fund.
PART VIII. DEPARTMENT OF HEALTH
SECTION 142. Section 103D-407, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) As used in this section:
"Basecourse" means the layer or layers of specified material or selected material of a designed thickness to support a surface course.
["Environmental management
special fund" means the fund established by section 342G-63.]
"Nonstructural backfill" means use as fill in areas not subject to structural loading, including but not limited to utility line bedding, drainage backfill behind retaining walls, drainage line backfill in leachfields or french drains, and similar uses."
SECTION 143. Section 286-109.7, Hawaii Revised Statutes, is amended to read as follows:
"§286-109.7 Organ and tissue education
fee. Notwithstanding any other law
to the contrary, beginning July 1, 2000, a donation of $1, in addition to any
other fees under this chapter, may be collected upon designation by an individual
or entity from each certificate of registration by the director of finance of
each county to be deposited on a quarterly basis into the [organ and tissue
education special] general fund [pursuant to section 327-24]. The counties may retain a portion of the $1 donation
as an administrative fee to cover the cost of collecting, accounting for, and depositing
the balance into the [organ and tissue education special] general
fund. The retention shall not exceed
$0.20 for each $1 collected."
SECTION 144. 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] general
fund; and
(E) Pay
an additional surcharge of 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] general
fund; and
(E) Pay
an additional surcharge of 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 fund if the court so orders.] general fund."
SECTION 145. 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] general fund; and
(2) May be subject to [a]
an additional surcharge of up to $10 that shall be deposited into the [trauma
system special] general fund."
SECTION 146. Section 291C-12, Hawaii Revised Statutes, is amended by amending subsections (d) and (e) to read as follows:
"(d) For any violation under this section, a surcharge
of $500 shall be imposed, in addition to any other penalties, and shall be
deposited into the [neurotrauma special] general fund.
(e) For
any violation under this section, [a] an additional 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 147. Section 291C-12.5, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:
"(c) For any violation under this section, a
surcharge of $250 shall be imposed, in addition to any other penalties, and
shall be deposited into the [neurotrauma special] general fund.
(d) For
any violation under this section, [a] an additional 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 148. Section 291C-12.6, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:
"(c) For any violation under this section, a surcharge
of $100 shall be imposed, in addition to any other penalties, and shall be
deposited into the [neurotrauma special] general fund.
(d) For
any violation under this section, [a] an additional 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 149. 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] general fund;
(E) May
be charged [a] an additional 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] general fund;
(E) May
be charged [a] an additional 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] general fund;
(F) May
be charged [a] an additional 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 150. 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] general fund; and
(E) [A] An additional
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] general fund; and
(E) [A] an additional
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 151. 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] general
fund; and
(F) May be charged [a] an additional
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 152. Section 321-12.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§321-12.5[]] Certified
forensic examination fees. (a) The department of health, by rules adopted
pursuant to chapter 91, shall establish fees for application and certification
as certified forensic examiners, to be paid by the applicant at the onset of the
application process. The fees shall
cover the costs of training, examination, certification, and monitoring.
(b)
All moneys collected as fees pursuant to subsection (a) shall be deposited
into the [mental health and substance abuse special] general fund
[established by section 334-15].
(c)
All funds deposited in the [mental health and substance abuse special]
general fund pursuant to subsection (b) shall be used exclusively to
support the activities relating to the application, training, certification,
and monitoring of the certified forensic examination program."
SECTION 153. Section 321-30.1, Hawaii Revised Statutes, is amended to read as follows:
"§321-30.1 Medical cannabis [registry
and regulation special fund; established.] registration fee. [(a)
There is established within the state
treasury the medical cannabis registry and regulation special fund. The fund shall be expended at the discretion
of the director of health:
(1) To establish and
regulate a system of medical cannabis dispensaries in the State;
(2) To offset the
cost of the processing and issuance of patient registry identification certificates
and primary caregiver registration certificates;
(3) To fund positions
and operating costs authorized by the legislature;
(4) To establish and
manage a secure and confidential database;
(5) To fund public
education as required by section 329D‑26;
(6) To fund
substance abuse prevention and education programs; and
(7) For any other
expenditure necessary, consistent with this chapter and chapter 329D, to
implement medical cannabis registry and regulation programs.
(b) The fund shall consist of all moneys derived
from fees collected pursuant to subsection (c) and section 329D-4. There is established within the medical cannabis
registry and regulation special fund:
(1) A medical cannabis
registry program sub-account, into which shall be deposited all fees collected
pursuant to subsection (c); and
(2) A medical cannabis
dispensary program sub-account, into which shall be deposited all fees collected
pursuant to section 329D-4.
(c)] The department, upon completion of the transfer
of the medical use of cannabis program, shall charge a medical cannabis registration
fee to each qualifying patient, other than a qualifying out-of-state patient,
of no more than $35 per year."
SECTION 154. Section 321-291, Hawaii Revised Statutes, is amended to read as follows:
"§321-291 Tests for phenylketonuria, hypothyroidism, and other metabolic diseases. (a) The department of health may specify diseases to be screened for in newborn infants and methods to be employed to best prevent mortality and morbidity within the population of the State.
(b) The person in charge of each institution caring for newborn infants and the responsible physician attending the birth of a newborn or the person assisting the birth of a child not attended by a physician, shall ensure that every infant in the person's care be tested for phenylketonuria, hypothyroidism, and any other disease that may be specified by the department of health; provided that this section shall not apply if the parents, guardians, or other persons having custody or control of the child object thereto on the grounds that the tests conflict with their religious tenets and beliefs and written objection is made a part of the infant's medical record.
(c) The department of health shall adopt rules pursuant to chapter 91, necessary for the purposes of this section, including, but not limited to:
(1) Administration of newborn screening tests;
(2) Quality and cost control of screening tests;
(3) Retention of records and related data;
(4) Reporting of positive test results;
(5) Guidelines for care, treatment, and follow up of infants with positive test results;
(6) Informing parents about the purposes of these tests; and
(7) Maintaining the confidentiality of affected families.
[(d) There is created in the treasury of the State
the newborn metabolic screening special fund.
All moneys for newborn metabolic screening services collected under this
chapter shall be deposited in the newborn metabolic screening special fund to
be used for the payment of its lawful operating expenditures, including but not
limited to laboratory testing, follow-up testing, educational materials,
continuing education, quality assurance, equipment, and indirect costs.
(e) The director shall submit an annual report to
the legislature twenty days prior to the convening of each regular session, identifying
all fund balances, transfers, and expenditures made from the newborn metabolic screening
special fund, and the purposes for each expenditure.]"
SECTION 155. Section 323F-21, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"[(a) There is created in the state treasury a special
fund to be known as the health systems special fund, into which shall be
deposited all fees, proceeds, reimbursements, and the like owed to or received
by the corporation, any regional system board, and its facilities, except as
herein provided. There shall be
established within the special fund regional subaccounts for each regional
system board upon its establishment. The
special fund and the regional subaccounts shall be used solely to fulfill the
purposes outlined in this chapter.
The corporation and each regional
system board may establish and maintain, within the health systems special fund
or any regional subaccount, any other accounts that may be necessary and appropriate
to carry out its purposes and responsibilities.
The corporation and any regional
system board may deposit moneys into trustee accounts for the purposes of
securing or issuing bonds.
The corporation and regional system
boards may provide reasonable reserves for any of the following purposes:
(1) Insurance
deductibles;
(2) The improvement,
replacement, or expansion of their facilities or services;
(3) The securing of
the corporation's or regional system boards' bonds, notes, or other instruments
of indebtedness; or
(4) Any other
purpose the corporation or the regional system boards deem necessary or
appropriate in the performance of their purposes and responsibilities.
(b)] (a) The corporation board and regional system
boards shall collaboratively develop budgetary guidelines and annual operating
and capital budgets for each facility, taking into account anticipated surpluses
from or subsidies to the facilities pursuant to the annual guidelines described
in this section, accumulated corporation and regional reserves and accounts,
subsidies, if any, that are determined to be needed from the general fund, and
other sources of corporation-wide and regional income as may be
identified. Two-year budgets will be approved
for regional system boards, in alignment with State of
(1) Where state general funding is reduced;
(2) An emergency exists; or
(3) There is a renegotiated budget approved by a regional system board.
(b) The corporation and regional system boards shall collaboratively develop budgetary guidelines and negotiate with each facility reasonable corporation administrative costs, including funds determined by the corporation or any regional system board to be needed from or provided to each facility to:
(1) Repay corporation or regional system board debts;
(2) Provide subsidies to any facility determined to be unable to fund from within that facility's programs and services deemed essential to community needs; and
(3) Maintain appropriate reserves."
SECTION 156. Section 328L-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) There is established in the state treasury the emergency and budget reserve fund, which shall be a special fund administered by the director of finance and into which shall be deposited:
[(1) Moneys received
from the tobacco settlement moneys under section 328L-2;
(2)] (1) Appropriations made by the legislature
to the fund; and
[(3)] (2)
Five per cent of the state general fund balance at the close of the fiscal
year, whenever state general fund revenues for each of two successive fiscal
years exceeds revenues for each of the preceding fiscal years by five per cent. For the purpose of this section, the general
fund balance at the close of the fiscal year shall be calculated after any:
(A) Tax refund or tax credit is provided by the legislature;
(B) Deposit into the emergency and budget reserve fund or another reserve fund is appropriated by the legislature; or
(C) Prepayment of
general obligation bond debt service or pension or other post-employment
benefit liability is appropriated by the legislature;
during the same regular session
as the transfer depositing such moneys to the emergency and budget reserve fund;
provided that transfers shall not be made to the emergency and budget reserve
fund whenever the balance of the emergency and budget reserve fund is equal to
or more than ten per cent of general fund revenues for the preceding fiscal
year. The transfer shall be executed by
the director of finance.
All moneys deposited into the emergency and budget reserve fund under paragraphs (1) and (2) and all moneys deposited under paragraph (3) shall be kept in separate and distinct accounts."
SECTION 157. Section 328L-5, Hawaii Revised Statutes, is amended to read as follows:
"§328L-5 Hawaii tobacco
prevention and control trust fund. (a) There is established the Hawaii tobacco prevention
and control trust fund as a separate fund of a nonprofit entity having a board
of directors and qualifying under section 501(c)(3) of the Internal Revenue Code
of 1986, as amended, into which shall be deposited moneys received [as
provided under section 328L-2(b)(2).] from federal, state, and local government
sources; private contributions; and income and capital gains earned by the trust
fund. The director of health with
the concurrence of the governor, shall select, in accordance with law, the
entity based upon the proven record of accomplishment of the entity in administering
a similar trust fund.
(b) Notwithstanding that the Hawaii tobacco prevention
and control trust fund is established within a private entity, the department
of budget and finance shall have oversight authority over the fund and may make
periodic financial audits of the fund; provided that the director of finance
may contract with a certified public accountancy firm for this purpose. The director of health with the concurrence of
the governor in their sole discretion may rescind the selection of the entity. If the selection of the entity [is]
rescinded, moneys in the trust fund shall revert back to the State and shall be
deemed to be trust moneys.
(c) The entity selected under subsection (a), for each fiscal year, may expend up to fifty per cent of the total market value of the Hawaii tobacco prevention and control trust fund on the preceding June 30, for tobacco prevention and control, including but not limited to, reducing cigarette smoking and tobacco use among youth and adults through education and enforcement activities, and controlling and preventing chronic diseases where tobacco is a risk factor.
(d) The Hawaii tobacco prevention and control trust fund may receive appropriations, contributions, grants, endowments, or gifts in cash or otherwise from any source, including the State, corporations or other businesses, foundations, government, individuals, and other interested parties; provided that any appropriations made by the State shall not supplant or diminish the funding of existing tobacco prevention and control programs or any health related programs funded in whole or in part by the State.
(e) The assets of the Hawaii tobacco prevention and control trust fund shall consist of:
[(1) Moneys appropriated
under section 328L‑2(b)(2);
(2)] (1) Moneys appropriated to the Hawaii
tobacco prevention and control trust fund by the state, county, or federal
government;
[(3)] (2) Private contributions of cash or property;
and
[(4)] (3) Income and capital gains earned by the
trust fund.
(f) The aggregate principal sum deposited in the Hawaii tobacco prevention and control trust fund shall be invested by the entity selected under subsection (a) in a manner intended to maximize the rate of return on investment of the trust fund consistent with the objective of preserving the trust fund's principal.
(g) If the entity selected under subsection (a) is dissolved, the director of health, with the concurrence of the governor, shall select a successor entity. If the Hawaii tobacco prevention and control trust fund is terminated, the moneys remaining in the trust fund shall revert back to the State and shall be deemed to be trust moneys.
(h) The administration of the Hawaii tobacco prevention and control trust fund shall be advised by the tobacco prevention and control advisory board created under section 328L-6."
SECTION 158. Section 338-14.3, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) Fees received for verifications in lieu of certified
copies shall be remitted, and one half of the fee shall be deposited to the credit
of the [vital statistics improvement special fund in section 338-14.6 and
the remainder of the fee shall be deposited to the credit of the state]
general fund."
SECTION 159. Section 342G-15, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The coordinator shall prepare and submit an annual report to each county, the director, the governor, and the legislature, twenty days prior to the convening of each regular session of the legislature, describing the activities of the office. The annual report shall provide the information required in this chapter, including, but not limited to:
(1) A summary of the results achieved in meeting the state waste reduction goals, including the amounts of waste disposed of, diverted, and generated in the State, and the progress toward managing waste in consideration of the state solid waste management priorities;
(2) Results achieved in county integrated solid waste management planning and the state plan, with timetables for completion and implementation;
(3) Results achieved in implementing procurement programs, including the amount of recycled goods and materials purchased by the State and counties;
(4) Total paper consumption by state and county agencies and results achieved with the office paper reduction goal;
(5) Results achieved by government agencies in establishing office paper and other materials recovery programs;
(6) Results achieved by state and county agencies in removing barriers to the development of recycling markets and in developing markets and supporting businesses that use recovered materials;
(7) A summary of results achieved by state and county agencies in the provision and execution of the statewide public awareness and education program;
(8) A summary of results achieved by agencies to improve energy efficiency and to reduce reliance on imported fuels in compliance with sections 226-18 and 226-52; and
(9) A summary and
schedule of the key solid waste management goals and objectives planned for the
following year at state and county levels[; and
(10) Revenues into
and expenditures from the environmental management special fund during the previous
fiscal year and projections for revenues and expenditures in the coming fiscal
year]."
SECTION 160. Section 342G-62, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The surcharge collected pursuant to this
section shall be deposited into the [environmental management special] general
fund. [All interest earned or accrued
on moneys deposited in the fund shall become a part of the fund.]"
SECTION 161. Section 342G-84, Hawaii Revised Statutes, is amended as follows:
1. By amending its title and subsection (a) to read:
"§342G-84 Deposit into [environmental
management special] the general fund; distribution to counties. (a)
Revenues generated from the advance disposal fee shall be deposited into
[a special account in the environmental management] the general fund. Moneys from the special account shall be used
to fund county glass recovery programs established in accordance with the
requirements under section 342G-86; provided that no moneys shall be made
available to a county unless the county has first submitted its formally adopted
integrated solid waste management plan to the department for review. In the event of any surplus in the special account,
the department shall recommend a reduction in the fee as deemed necessary."
2. By amending subsection (d) to read:
"(d) All moneys distributed to the counties under
subsection (b), and not used by the counties as specified in section 342G-86,
shall be returned to the State for deposit into the [environmental management
special] general fund at the end of each annual contract period."
SECTION 162. Section 342G-102, Hawaii Revised Statutes, is amended to read as follows:
"§342G-102 Deposit beverage container fee. (a) Beginning on October 1, 2002, every deposit beverage distributor shall pay to the department a deposit beverage container fee on each polyethylene terephthalate, high density polyethylene, or metal deposit beverage container manufactured in or imported into the State. The fee shall be imposed only once on the same deposit beverage container. The fee shall be 0.5 cents per deposit beverage container.
(b) Beginning on October 1, 2004, every deposit beverage distributor shall pay to the department a deposit beverage container fee on each deposit beverage container manufactured in or imported into the State. The deposit beverage container fee shall not apply to deposit beverage containers exported for sale outside of the State. The fee shall be imposed only once on the same deposit beverage container. The fee shall be 1 cent per deposit beverage container.
(c) No county shall impose or collect any assessment or fee on deposit beverage containers for the same or similar purpose that is the subject of this chapter.
(d) Beginning January 1, 2005, and every August 1 thereafter, the department shall notify deposit beverage distributors in writing of the amount of the deposit beverage container fee. The effective date of changes to the fee amount shall be September 1. The fee shall be based on the redemption rate calculated annually based on the redemption rate information submitted to the department for the previous period of July 1 through June 30. The fee amount shall be as follows:
(1) If the redemption rate is seventy per cent or less: 1 cent per container; and
(2) If the redemption rate is greater than seventy per cent: 1.5 cents per container.
[(e) The director may temporarily suspend an
automatic increase of the deposit beverage container fee if, after consultation
with the auditor, it is determined that the deposit beverage container deposit
special fund contains sufficient funds for the purposes of section 342G-104(b).]"
SECTION 163. Section 342I-30, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) Any costs incurred and payable from the general fund as a result of tire cleanups and associated environmental assessments and remediation shall be recovered by the attorney general, upon the request of the department, from the liable person or persons. The amount of any cost that may be recovered pursuant to this section for a tire cleanup and associated assessment and remedial action paid from the general fund shall include the amount paid from the general fund and legal interest.
(b)
Moneys recovered by the attorney general pursuant to this section shall
be deposited [to the special account of the environmental management special]
into the general fund."
SECTION 164. Section 466J-5, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) The applicant applying for a license to
practice as a radiographer, as a radiation therapist, or as a nuclear medicine
technologist shall pay a nonrefundable application fee to the department. All fees received by the department pursuant
to this section shall be deposited [into the noise, radiation, and indoor air
quality special fund established pursuant to section 342P-7; provided that any
other moneys collected pursuant to this chapter shall be deposited] with
the director of finance to the credit of the general fund, unless otherwise
provided by law."
SECTION 165. Section 706-650, Hawaii Revised Statutes, is amended to read as follows:
"§706-650 Drug demand reduction
assessments[; special fund]. (1)
In addition to any disposition authorized
by chapter 706 or 853, any person who is:
(a) Convicted of an offense under part IV of chapter 712, except sections 712-1250.5 and 712-1257;
(b) Convicted under section 707-702.5;
(c) Convicted of a felony or misdemeanor offense under part IV of chapter 329;
(d) Convicted under section 291-3.1, 291-3.2, 291-3.3, 291E-61, or 291E-61.5;
(e) Found in violation of part III of chapter 291E; or
(f) Charged with any offense under paragraphs (a) to (d) who has been granted a deferred acceptance of guilty or no contest plea;
shall be ordered to pay a monetary assessment under
subsection (2), except as provided under subsection [(5).] (4).
(2) Monetary assessments for individuals subject to subsection (1) shall not exceed the following:
(a) $3,000 when the offense is a class A felony;
(b) $2,000 when the offense is a class B felony;
(c) $1,000 when the offense is a class C felony;
(d) $500 when the offense is a misdemeanor; or
(e) $250 when the person has been found guilty of an offense under section 712-1249, 291-3.1, 291-3.2, 291‑3.3, 291E-61, or has been found in violation of part III of chapter 291E.
Notwithstanding sections 706-640 and 706-641 and any other law to the contrary, the assessments provided by this section shall be in addition to and not in lieu of, and shall not be used to offset or reduce, any fine authorized or required by law and shall be paid pursuant to section 706-651.
[(3) There is established a special fund to be
known as the "drug demand reduction assessments special fund" to be
administered by the department of health.
The disbursement of money from the drug demand reduction assessments
special fund shall be used to supplement substance abuse treatment and other
substance abuse demand reduction programs.
(4)] (3) All monetary assessments paid and interest accrued
on funds collected pursuant to this section shall be deposited into the [drug
demand reduction assessments special] general fund.
[(5)] (4) If the court determines that the person has
the ability to pay the monetary assessment and is eligible for probation or
will not be sentenced to incarceration, unless otherwise required by law, the
court may order the person to undergo a substance abuse treatment program at
the person's expense. If the person
undergoes a substance abuse treatment program at the person's expense, the court
may waive or reduce the amount of the monetary assessment. Upon a showing by the person that the person
lacks the financial ability to pay all or part of the monetary assessment, the
court may waive or reduce the amount of the monetary assessment."
SECTION 166. Section 321-1.3, Hawaii Revised Statutes, is repealed.
["§321-1.3 Domestic violence and sexual assault special fund. (a) There
is established within the state treasury a special fund to be known as the domestic
violence and sexual assault special fund to be administered and expended by the
department of health.
(b) The moneys in the special fund shall be
reserved for use by the department of health for programs and grants or
purchases of service consistent with chapter 42D that support or provide domestic
violence and sexual assault intervention or prevention as authorized by law. Moneys in the special fund shall be used for
new or existing programs and shall not supplant any other moneys previously
allocated to these programs.
(c) Fees remitted pursuant to section 338-14.5,
income tax remittances allocated under section 235-102.5, interest and
investment earnings attributable to the moneys in the special fund, 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 of health shall submit an
annual report to the legislature no later than twenty days prior to the convening
of each regular session providing the following:
(1) An accounting
of the receipts of, and expenditures from, the special fund; and
(2) Recommendations
on how to improve services for victims of domestic violence and sexual assault."]
SECTION 167. Section 321-1.4, Hawaii Revised Statutes, is repealed.
["§321-1.4 Office of health
care assurance special fund; deposits; expenditures. (a)
There is established within the department of health, to be administered
by the department of health, the office of health care assurance special fund into
which shall be deposited moneys collected under section 321-11.5(b), license
fees for the administration of the durable medical equipment supplier license
program collected pursuant to section 321-544, and all administrative penalties
imposed and collected by the office of health care assurance pursuant to section
321-20.
(b) Moneys in the
special fund shall be expended by the department of health:
(1) To assist in
offsetting operating costs and educational program expenses of the department
of health's office of health care assurance; and
(2) For the purpose
of enhancing the capacity of office of health care assurance programs to:
(A) Improve
public health outreach efforts, program and community development, and
consultations to industries regulated;
(B) Educate
the public, the staff of the department of health, and other departments within the
State, as well as staff and providers of all health care facilities and agencies
regulated; and
(C) Administer and support the durable medical equipment
supplier license program established pursuant to part XLIII.
Not more than $327,000 of the special fund may be
used during any fiscal year for the activities carried out by the office of health
care assurance.
(c) Any amount in the special fund in excess of
$387,500 on June 30 of each year shall be deposited into the general fund.
(d) The department of health shall submit a report
to the legislature concerning the status of the special fund, including the
amount of moneys deposited into and expended from the special fund, and the sources
of receipts and uses of expenditures, no later than twenty days prior to the
convening of each regular session."]
SECTION 168. 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 169. Section 321-22.5, Hawaii Revised Statutes, is repealed.
["§321-22.5 Trauma system special
fund. (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) 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) Funds
appropriated by the legislature for this purpose, including grants-in-aid;
(5) Grants,
donations, and contributions from private or public sources for the purposes of
the trauma system special fund; and
(6) 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.
(b) The moneys in the trauma system special fund
shall be used by the department to support the continuing development
and operation of a comprehensive state trauma system. The trauma system special fund shall be used
to subsidize the documented costs for the comprehensive state trauma system,
including but not limited to the following:
(1) Costs of under-compensated and uncompensated
trauma care incurred by hospitals providing care to trauma patients;
(2) Costs incurred by hospitals providing care
to trauma patients to maintain on-call physicians for trauma care; and
(3) Costs to staff and operate the State's
injury prevention program.
The
money in the trauma system special fund shall not be used to supplant funding for
trauma services authorized prior to July 1, 2006, and shall not be used for ambulance
or medical air transport services.
(c) Disbursements from the fund shall be made in accordance with a
methodology established by the department of health to calculate
costs incurred by a hospital providing care to trauma patients that are eligible
to receive reimbursement under subsection (d). The methodology shall take into account:
(1) Physician
on-call coverage that is demonstrated to be essential for trauma services
within the hospital;
(2) Equipment
that is demonstrated to be essential for trauma services within the hospital;
(3) The
creation of overflow or surge capacity to allow a trauma center to respond to
mass casualties resulting from an act of terrorism or natural disaster; and
(4) All other
hospital services and resources that are demonstrated to be essential for trauma
services within the hospital.
The department shall adopt rules
pursuant to chapter 91 to effectuate the purposes of this section.
(d) To receive reimbursement, a hospital providing
care to trauma patients shall apply to the trauma system special fund on a form
and in a manner approved by the department; provided that recipients of
reimbursements from the trauma system special fund shall be subject to the following
conditions:
(1) The recipient
of a reimbursement shall:
(A) Comply
with applicable federal, state, and county laws;
(B) Comply
with any other requirements the director may prescribe;
(C) Allow
the director, the legislative bodies, and the state auditor access to records, reports,
files, and other related documents, to the extent permissible under applicable
state and federal law, so that the program, management, and fiscal practices of
the recipient may be monitored and evaluated to ensure the proper and effective
expenditure of public funds;
(D) Provide
care to all injured patients regardless of their ability to pay; and
(E) Participate
in data collection and peer review activities for the purpose of system evaluation
and improvement of patient care; and
(2) Every reimbursement
shall be monitored according to rules established by the director under chapter
91 to ensure compliance with this section.
(e) Necessary administrative expenses to carry out
this section shall not exceed five per cent of the total amount collected in any
given year.
(f) 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 trauma system
special fund.
(g) For the purposes of this section:
"Comprehensive state trauma
system" means a coordinated integrated system providing a spectrum of medical
care throughout the State designed to reduce death and disability by appropriate
and timely diagnosis and specialized treatment of injuries, which includes
hospitals with successive levels of advanced capabilities for trauma care in
accordance with nationally accepted standards established by the American
College of Surgeons Committee on Trauma.
"Hospital providing care to
trauma patients" means a hospital with emergency services that receives
and treats injured patients.
"Trauma care" means specialized
medical care intended to reduce death and disability from injuries.
"Trauma center" means a facility
verified by the American College of Surgeons or designated by the department
applying American College of Surgeons recommendations as guidelines as being a
level I, level II, level III, or level IV trauma center. Level I represents the highest level
attainable by a verified trauma center, and level IV represents the lowest level
attainable by a verified trauma center."]
SECTION 170. Section 321-27, Hawaii Revised Statutes, is repealed.
["§321-27 Sanitation and environmental
health special fund. (a) There is established within the department of
health the sanitation and environmental health special fund into which shall be
deposited all moneys collected from fees for permits, licenses, inspections, various
certificates, variances, investigations, and reviews, pursuant to sections 321-11.5(c)
and 321-15.
(b) Moneys in the fund shall be expended by the
department to partially fund the operating costs of program activities and
functions authorized pursuant to section 321-11 to enhance the capacity of
sanitation and environmental health programs to:
(1) Improve public
outreach efforts and consultations to regulated businesses and industries;
(2) Educate the
public, staff, and regulated businesses and industries;
(3) Plan for future
growth and expansion to meet emerging needs;
(4) Provide
training opportunities to ensure the maintenance of professional competence among
sanitation and environmental health staff and administrators; and
(5) Conduct program
activities and functions of the sanitation branch, including permit issuance,
inspections, and enforcement and the hiring of additional inspectors;
provided that for environmental health programs,
not more than $140,000 of the fund may be used during any fiscal year for fund
administration, including the hiring of not more than two full-time equivalent
personnel, and the purchase of office and electronic equipment.
(c) Any amount in the fund in excess of $1,500,000
on June 30 of each year shall be deposited into the general fund.
(d) The department of health shall submit a report
to the legislature concerning the status of the sanitation and environmental
health special fund, including:
(1) The amount of
moneys taken in by and expended from the fund; and
(2) The sources of receipts
and uses of expenditures,
not less than twenty days prior to the convening
of each regular session."]
SECTION 171. Section 321-30.2, Hawaii Revised Statutes, is repealed.
["§321-30.2 Civil monetary penalty special fund. (a) There is established the civil monetary penalty
special fund, to be administered by the department of health. The fund shall consist of moneys collected by
the United States Department of Health and Human Services Centers for Medicare
and Medicaid Services as federally imposed civil monetary penalty funds when health
care facilities or agencies do not meet medicare certification requirements as
determined by the department of health when it conducts medicare certification
surveys and complaint investigations on health care facilities or agencies in Hawaii
in accordance with section 1864 of the Social Security Act. Moneys in the fund shall be expended by the
department of health as approved by the Centers for Medicare and Medicaid
Services. Moneys in the fund may be used
during any fiscal year for the activities carried out by the department of health
as approved by the Centers for Medicare and Medicaid Services.
(b)
Pursuant to federal law, civil monetary penalty special fund moneys
shall not be subject to deposit into the general fund for any reason.
(c)
The department of health shall submit a report to the legislature concerning
the status of the civil monetary penalty special fund, including the amount of
moneys deposited into and expended from the civil monetary penalty special fund,
and the sources of receipts and uses of expenditures, no later than twenty days
prior to the convening of each regular session."]
SECTION 172. 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 173. Section 321-355, Hawaii Revised Statutes, is repealed.
["§321-355 Early intervention
special fund. (a) There is established in the state treasury a
special fund to be known as the early intervention special fund to be administered
by the department in accordance with this section.
(b) The fund shall consist of grants and income
earned by the special fund. All program
income consisting of federal reimbursement funds received by the State for
early intervention funded by legislative appropriations under this part shall
be deposited into the special fund; provided that no state appropriations shall
be deposited into the special fund."]
SECTION 174. Section 321-357, Hawaii Revised Statutes, is repealed.
["§321-357 Early intervention
special fund; purpose and use. (a) The purpose of the early intervention special
fund is to expand and enhance early intervention services for infants and toddlers
with special needs by providing a cooperative funding mechanism between the public
and private sectors to work together to make and secure appropriations and
donations to the fund.
(b) The department may procure services under chapters
103D and 103F in accordance with criteria and procedures established by rules adopted
pursuant to chapter 91, for community-based, family-centered, early intervention
services including but not limited to:
(1) Programs to provide
early intervention services for infants and toddlers with developmental delays
or at biological or environmental risk;
(2) Family support
programs to strengthen families to reduce the risk of child abuse and neglect;
(3) Training and
education for professionals, paraprofessionals, and families; and
(4) Research,
evaluation, and data management related to early intervention services.
(c) Services to be procured under this section
shall be in accordance with chapters 103D and 103F and take the following
forms:
(1) Purchase of
service contracts to private nonprofit organizations, public agencies, or qualified
individuals to provide community-based, family-centered, early intervention services;
or
(2) Direct payments
for services, educational materials, training, quality assurance, equipment,
data collection, and program evaluation.
(d) The Hawaii early intervention coordinating
council shall make recommendations to the department for the expenditure of moneys
from the early intervention special fund."]
SECTION 175. Section 321-426, Hawaii Revised Statutes, is repealed.
["[§321-426] Birth defects special fund. There is established within the state treasury
the birth defects special fund to be administered and expended by the department
of health, into which shall be deposited fees remitted pursuant to section
572-5. Moneys in the special fund shall be
used for the payment of the operating expenses of the birth defects program."]
SECTION 176. Section 321H-4, Hawaii Revised Statutes, is repealed.
["§321H-4 Neurotrauma special
fund. (a) There is established the neurotrauma special
fund to be administered by the department with advisory recommendations from the
neurotrauma advisory board. The fund
shall consist of:
(1) Moneys raised pursuant
to the surcharges levied under sections 291-11.5, 291-11.6, 291C-12, 291C-12.5,
291C-12.6, 291C-102, 291C-105, and 291E-61;
(2) 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; and
(3) Funds
appropriated by the legislature for the purpose of this chapter.
(b) The fund shall be used for the purpose of
funding and contracting for services relating to neurotrauma as follows:
(1) Education on neurotrauma;
(2) Assistance to individuals
and families to identify and obtain access to services;
(3) Creation of a
registry of neurotrauma injuries within the State to identify incidence, prevalence,
individual needs, and related information; and
(4) Necessary
administrative expenses to carry out this chapter not to exceed two per cent of
the total amount collected.
(c) Moneys in the neurotrauma special fund may be
appropriated to obtain federal and private grant matching funds, subject to
section 321H-4(a)(2).
(d) In administering the fund, the director shall
maintain records of all expenditures and disbursements made from the neurotrauma
special fund.
(e) The director shall submit to the legislature
an annual report on the activities under the neurotrauma special fund no later
than twenty days prior to the convening of each regular session."]
SECTION 177. Section 323D-12.6, Hawaii Revised Statutes, is repealed.
["[§323D-12.6] State health planning and development special fund; created; deposits;
expenditures; fees. (a) There is established within the state treasury,
to be administered by the state health planning and development agency, the
state health planning and development special fund into which shall be deposited
all moneys collected under chapter 323D.
(b) Moneys in the special fund shall be expended by
the state health planning and development agency to assist in offsetting
program expenses of the agency.
(c) The agency shall adopt rules in accordance
with chapter 91 to establish reasonable fees for the purposes of this chapter."]
SECTION 178. Section 327-24, Hawaii Revised Statutes, is repealed.
["[§327-24] Hawaii organ and tissue education
special fund. There is established in the state
treasury the Hawaii organ and tissue education special fund. Moneys collected under section 286-109.7 shall
be deposited into the fund. The fund
shall be administered and distributed by the department of health and shall be
used exclusively for public education programs and activities on organ, tissue,
and eye donation."]
SECTION 179. Section 333F-23, Hawaii Revised Statutes, is repealed.
["[§333F-23] Intellectual
and developmental disabilities medicaid waiver administrative claiming special
fund. (a) There is established in the treasury of the
State the intellectual and developmental disabilities medicaid waiver
administrative claiming special fund, into which shall be deposited:
(1) All revenues from
medicaid administrative claiming designated for the department that are allowable
for operating the Hawaii home and community-based services waiver for persons
with intellectual and developmental disabilities pursuant to section 1915(c) of
the Social Security Act;
(2) Appropriations
made by the legislature to the fund;
(3) Other grants and
gifts made to the fund; and
(4) Any income and
capital gains earned by the fund.
(b) Moneys in the intellectual and developmental
disabilities medicaid waiver administrative claiming special fund shall be used
by the department for the following purposes:
(1) Payment for fiscal
management services of the Hawaii home and community-based services waiver for
persons with intellectual and developmental disabilities pursuant to section
1915(c) of the Social Security Act;
(2) Training of staff;
waiver providers; waiver participants, family members of waiver participants,
legal representatives of waiver participants; and community stakeholders;
(3) Quality
management activities for operating the Hawaii home and community-based services
waiver for persons with intellectual and developmental disabilities pursuant to
section 1915(c) of the Social Security Act;
(4) Ongoing
operations and maintenance of the information technology system;
(5) Conducting rate
methodology studies to define rates for the Hawaii home and community-based services
waiver for persons with intellectual and developmental disabilities pursuant to
section 1915(c) of the Social Security Act; and
(6) Assessment services
for determining each participant's level of support needs.
(c) The department shall submit to the
legislature no later than twenty days prior to the convening of each regular session
a report that provides an accounting of the receipts of and expenditures from the
intellectual and developmental disabilities medicaid waiver administrative claiming
special fund."]
SECTION 180. Section 334-15, Hawaii Revised Statutes, is repealed.
["§334-15 Mental health and
substance abuse special fund; established.
(a) There is established
a special fund to be known as the mental health and substance abuse special
fund into which shall be deposited all revenues and other moneys collected from
certification programs and treatment services rendered by the mental health and
substance abuse programs operated by the State.
Notwithstanding any other law to the contrary, the department is
authorized to establish separate accounts within the special fund for
depositing moneys received from certification programs and from each mental health
and substance abuse program. Moneys deposited
into the respective accounts of each program shall be used for the payment of
the operating expenses of the respective program.
(b) The director shall submit a report to the
legislature, not later than twenty days prior to the convening of each regular
session, which identifies for each account in the special fund, the account
balance and ceiling increase, any transfers and expenditures made, and the purposes
of the expenditures."]
SECTION 181. Section 338-14.6, Hawaii Revised Statutes, is repealed.
["§338-14.6 Vital statistics
improvement special fund.
(a) There is established within
the state treasury a special fund to be known as the vital statistics improvement
special fund. The fund shall be
administered and expended by the department of health.
(b) Moneys in the fund shall be used by the
department of health for the modernization and automation of the vital statistics
system in this State. Moneys in the fund
may be used to assist in offsetting costs for the daily operations of the system
of vital statistics.
(c) The fund shall consist of fees remitted
pursuant to section 338-14.5. All realizations
of the fund shall be subject to the conditions specified in subsection (b)."]
SECTION 182. Section 339D-10, Hawaii Revised Statutes, is repealed.
["§339D-10 Electronic device recycling fund.
(a) There is established in the
state treasury the electronic device recycling fund into which shall be
deposited all fees, payments, and penalties collected by the department pursuant
to this chapter.
(b)
The electronic device recycling fund shall be administered by the department
of health. Moneys in the fund shall be expended
by the director for the purpose of implementing and enforcing this chapter. Moneys may also be expended by the director to
support county electronics collections."]
SECTION 183. Section 340B-3.5, Hawaii Revised Statutes, is repealed.
["[§340B-3.5] Wastewater
treatment certification board special fund. (a) There
is established in the state treasury a special fund to be known as the wastewater
treatment certification board special fund.
The following moneys collected by the board shall be deposited into the
special fund:
(1) Registration
fees for examinations;
(2) Renewal fees;
(3) Reciprocity fees;
and
(4) Temporary certificates
fees.
All interest earned or accrued on moneys deposited
into the special fund shall become a part of the special fund.
(b) All moneys paid into the special fund shall
be expended by the board to finance its operations."]
SECTION 184. Section 342B-32, Hawaii Revised Statutes, is repealed.
["[§342B-32] Clean air special fund. (a)
There is created in the state treasury a special fund to be designated as
the clean air special fund. The proceeds
in the fund shall be used solely to pay for all reasonable direct and indirect
costs required to develop, support, and administer the permit program
requirements of this chapter including reasonable costs of:
(1) Reviewing and
acting upon any application for or renewal of a permit;
(2) Implementing
and enforcing the terms and conditions of any permit, including legal support
as defined by rules;
(3) Monitoring
emissions and ambient air quality including resources to audit and inspect source-operated
monitoring requirements at least once a year;
(4) Preparing
generally applicable rules or guidelines;
(5) Performing or
reviewing modeling, analyses, and demonstrations;
(6) Preparing emissions
inventories and tracking systems;
(7) Providing support
to the small business assistance program; and
(8) Administering
the fund.
(b) All moneys collected as fees pursuant to
section 342B-29 shall be deposited into the clean air special fund. All interest earned or accrued on moneys
deposited in the fund shall become a part of the fund."]
SECTION 185. Section 342G-63, Hawaii Revised Statutes, is repealed.
["§342G-63 Establishment of the
environmental management special fund. (a)
There is created in the state treasury an environmental management special
fund. The fund may receive legislative appropriations,
grants and gifts.
(b) All moneys collected pursuant to section
342G-62 shall be deposited into the environmental management special fund. All interest earned or accrued on moneys deposited
into the fund shall become a part of the fund.
(c) The department shall expend moneys contained
in the environmental management special fund to:
(1) Partially fund
the operating costs of the program including its regulatory functions and the
development of waste reduction and diversion activities as mandated by chapter 342G;
(2) Fund statewide
education, demonstration, and market development programs, through direct
contract or direct transfer of funds to the counties and the department of
business, economic development, and tourism, or under a grant program that may
be developed under rules pursuant to chapter 91; and
(3) Provide for
annual training for municipal solid waste operators in compliance with 40 Code of
Federal Regulations Part 258 and chapter 11-58, Hawaii Administrative Rules."]
SECTION 186. Section 342G-64, Hawaii Revised Statutes, is repealed.
["[§342G-64] Administration of
the environmental management special fund. (a)
The department may adopt rules to administer the environmental management
special fund. During the interim period
until such rules are established, the department may distribute funding to the
counties or the department of business, economic development, and tourism in
the form of a contractual agreement pursuant to section 103-22.
(b) The office shall not award any grant or contract
under this section to any county that has failed to comply with the conditions
set forth in this part and any rules adopted pursuant thereto.
(c) Unexpended or unencumbered grant funds shall revert
to the environmental management special fund at the end of the fiscal year following
the year in which the funds were granted."]
SECTION 187. Section 342G-104, Hawaii Revised Statutes, is repealed.
["§342G-104 Deposit into deposit
beverage container deposit special fund;
use of funds. (a) There is established in the state treasury
the deposit beverage container deposit special fund, into which shall be
deposited:
(1) All revenues generated
from the deposit beverage container fee as described under sections 342G-102 and
342G-105;
(2) All revenues
generated from the deposit beverage container deposit as described under
sections 342G-105 and 342G-110; and
(3) All accrued
interest from the fund.
(b) Moneys in the deposit beverage container deposit
special fund shall be used to reimburse refund values and pay handling fees to
redemption centers. The department may
also use the money to:
(1) Fund administrative,
audit, and compliance activities associated with collection and payment of the deposits
and handling fees of the deposit beverage container program;
(2) Conduct recycling
education and demonstration projects;
(3) Promote recyclable
market development activities;
(4) Support the
handling and transportation of the deposit beverage containers to end-markets;
(5) Hire personnel
to oversee the implementation of the deposit beverage container program, including
permitting and enforcement activities; and
(6) Fund associated
office expenses.
(c) Any funds that accumulate in the deposit beverage
container deposit special fund shall be retained in the fund unless determined
by the legislature to be in excess."]
SECTION 188. Section 342I-29, Hawaii Revised Statutes, is repealed.
["[§342I-29] Deposit into environmental management special
fund. The surcharge collected
pursuant to this part shall be deposited into a special account in the environmental
management special fund established by section 342G-63. All interest earned or accrued on moneys deposited
in the fund pursuant to this section shall become part of the account. Moneys from this special account may be used
by the department to:
(1) Support permitting,
monitoring, and enforcement activities, including personnel costs regarding used
tire management, collection, recycling, and disposal facilities;
(2) Promote improved
market development and reuse opportunities for recovered motor vehicle tires;
(3) Promote tire
recovery, recycling, and reuse in the State through education, research, and
demonstration projects;
(4) Implement the
surcharge program under this part;
(5) Support
programs to prevent illegal dumping; and
(6) Clean up
improper tire disposal sites including conducting related environmental
assessments and remediation."]
SECTION 189. Section 342P-7, Hawaii Revised Statutes, is repealed.
["[§342P-7] Noise, radiation, and indoor air quality special fund; established. (a)
There is established within the department of health a noise, radiation,
and indoor air quality special fund into which shall be deposited all moneys
collected from fees for permits, licenses, inspections, certificates, notifications,
variances, investigations, and review, pursuant to sections 342F-14, 342P-28,
466J-4, and 466J-5.
(b) Moneys in the fund shall be expended by the department
to:
(1) Partially fund
the operating costs of the program mandated activities and functions;
(2) Fund statewide education,
demonstration, and outreach programs;
(3) Provide
training opportunities to ensure the maintenance of professional competence
among staff and administrators; and
(4) Plan for future
growth and expansion to meet emerging needs."]
SECTION 190. Section 342P-8, Hawaii Revised Statutes, is repealed.
["[§342P-8 Asbestos and lead abatement special fund.] (a) There is established within the department of
health an asbestos and lead abatement special fund into which
shall be deposited all moneys collected from fees for permits, licenses, inspections,
certificates, notifications, variances, investigations, and reviews.
(b) Moneys in the asbestos and lead abatement special
fund shall be expended by the department to:
(1) Partially fund
the operating costs of the asbestos and lead abatement program's mandated
activities and functions;
(2) Fund statewide
education, demonstration, and outreach programs;
(3) Provide for the
accreditation of training programs;
(4) Provide training
opportunities to ensure the maintenance of professional competence among staff
and administrators; and
(5) Plan for future
growth and expansion to meet emerging needs."]
SECTION 191. Section 348F-7, Hawaii Revised Statutes, is repealed.
["§348F-7 Disability and
communication access board special fund. (a)
There is established the disability and communication access board
special fund to be administered by the disability and communication access
board. All moneys
received by the disability and communication access board shall be deposited
into the special fund. All interest
earned or accrued on moneys deposited into this special fund shall become part
of the special fund.
(b) Moneys in the
disability and communication access board special fund shall be expended to defray
costs of administering this chapter.
(c)
All moneys collected as application fees or fees for continuing
education units for credentialing of interpreters shall be deposited into the disability
and communication access board special fund."]
SECTION 192. Section 448B-10, Hawaii Revised Statutes, is repealed.
["§448B-10 Dietitian licensure special fund.
(a) There is established
in the state treasury a special fund to be known as the dietitian licensure special
fund to be administered by the department. Fees collected under section 448B-9 shall be
deposited in the dietitian licensure special fund and may be expended for costs
associated with administering the licensure program, including but not limited
to education.
(b) Not more than $30,000 of the dietitian
licensure special fund may be used during any fiscal year for activities
associated with administering the licensure program including the costs associated
with administering the licensure program.
(c) Any amount in the dietitian licensure special
fund in excess of $35,000 on June 30 of each fiscal year shall be deposited into
the general fund.
(d) The department shall submit a report to the
legislature concerning the status of the dietitian licensure special fund, including
deposits to and expenditures from the dietitian licensure special fund and the sources
of receipts and uses of expenditures, no later than twenty days prior to the convening
of each regular session."]
SECTION 193. Section 342G-1, Hawaii Revised Statutes, is amended by deleting the definition of "environmental management special fund".
[""Environmental management
special fund" means the fund created by section 342G-63."]
SECTION 194. The following funds (appropriation code) are abolished:
(1) Communicable disease & pub hlth nursing(S-318-H);
(2) Child and adolescent mental health (S-306-H);
(3) Home visitation program (S-369-H);
(4) Health resources administration (S-332-H);
(5) Exec ofc on aging adm claim special fd (S-333-H);
(6) Cb cost items, BU9 (S-368-H);
(7) Cb cost items, BU1, 10 (S-372-H);
(8) Cb cost items, BU1, 10 (S-375-H);
(9) Hawaii health systems corp (N S/T) (S-403-H);
(10) Alii community care (S-385-H);
(11) Community hospitals administration (S-303-H);
(12) Hilo hospital (S-350-H);
(13) Honokaa hospital (S-351-H);
(14) Ka'u hospital (S-352-H);
(15) Kohala hospital (S-353-H);
(16) Kona hospital (S-354-H);
(17) Maui memorial hospital (S-355-H);
(18) Kula hospital (S-371-H);
(19) Lanai community hospital (S-358-H);
(20) Kauai veterans mem hospital (S-359-H);
(21) Samuel mahelona mem hospital (S-373-H);
(22) Maluhia hospital (S-365-H);
(23) Leahi hospital(S-312-H);
(24) Medical cannabis registry special fund (S-345-H);
(25) Environmental hth pgm enhance/educate fd (S-340-H);
(26) Environmental health administration (S-315-H);
(27) HHSC - regions (S-356-H);
(28) Hana medical center (S-356-H); and
(29) Dev disabilty medicaid waiver adm clm fd (S-347-H),
and any unencumbered balances shall lapse to the credit of the general fund.
SECTION 195. Sections 103-50, 291-12, 291-15, 291C-2, 291C-13, 291C-14, 291C-15, 291C-16, 291C-102, 291C-103, 291C‑104, 291E-7, 321-11.5, 321-15, 321-15.6, 321-544, 329D-4, 340B-11, 342B-17, 342B-56, 342B-73, 342F-14, 342G-110, 342G-113, 342I-28, 342P-28, and 466J-4, Hawaii Revised Statutes, are amended by substituting the words "general fund", or similar term, whenever the words "asbestos and lead abatement special fund or noise, radiation, and indoor air quality special fund", "clean air special fund established in section 342B-32", "clean air special fund established under section 342B-32 to be used for the purposes thereof", "deposit beverage container deposit special fund as described in section 342G-104", "deposit beverage container deposit special fund", "disability and communication access board special fund established under section 348F-7", "environmental management special fund", "medical cannabis registry and regulation special fund established pursuant to section 321-30.1", "medical cannabis registry and regulation special fund pursuant to section 321-30.1", "neurotrauma special fund", "noise, radiation, and indoor air quality special fund established pursuant to section 342P‑7", "office of health care assurance special fund created under section 321-1.4", "office of health care assurance special fund pursuant to section 321-1.4", "office of health care assurance special fund", "sanitation and environmental health special fund established under section 321-27", "trauma system special fund pursuant to section 321-22.5", "trauma system special fund", "wastewater treatment certification board special fund", or similar term, appears, as the context requires.
PART IX. DEPARTMENT OF HAWAIIAN HOME LANDS
SECTION 196. Section 213 of the Hawaiian Homes Commission Act, 1920, as amended, is amended to read as follows:
"§213. Funds and accounts. (a) There are established in the treasury of the State two revolving funds, to be known respectively as the Hawaiian home loan fund and the Hawaiian home general loan fund.
(b) Hawaiian home loan fund. The moneys in this fund shall be available for the purposes enumerated in section 214 and for payments provided in section 209 and shall not be expended for any other purpose except as provided in subsection (e).
Any interest or other earnings arising out of investments from this fund shall be credited to and deposited into the Hawaiian home operating fund.
(c) Hawaiian home general loan fund. Moneys appropriated by the legislature for the construction of homes but not otherwise set aside for a particular fund, for construction of replacement homes, for home repairs or additions, or for the development and operation of a farm, ranch, or aquaculture operation; moneys transferred from other funds; and installments of principal paid by the lessees upon loans made to them from this fund, or as payments representing reimbursements on account of advances, but not including interest on such loans or advances, shall be deposited into this fund. The moneys in the fund shall be used for purposes enumerated in section 214 and for payments provided in section 209; provided that, in addition to the conditions enumerated in section 215, farm loans shall be subject to the following conditions:
(1) To be eligible for a farm loan the applicant shall derive, or present an acceptable plan to derive, a major portion of the applicant's income from farming;
(2) Farm loans made for the purpose of soil and water conservation shall not exceed $20,000 and shall be for a term not to exceed ten years;
(3) Subsidies and grants or cost-sharing funds entitled and received by the lessee for soil and water conservation purposes shall be assigned to the department for the repayment of the outstanding farm indebtedness; and
(4) The lessee shall carry out recommended farm management practices approved by a qualified agricultural agency.
The department may create an account within this fund to support the guarantee of repayment of loans made by government agencies or private lending institutions to a holder of a lease under section 207(a) or license issued under section 207(c)(1)(B).
The department may create an account within this fund for moneys borrowed from government agencies or private lending institutions to be used for any of the purposes enumerated in section 214. Installments of principal and that part of the interest equal to the interest charged to the department by the lender paid by the lessees on the loans made to them from this account shall be deposited into the same account. Any additional interest or other earnings arising out of investments from this account shall be credited to and deposited into the Hawaiian home receipts fund.
(d) There are established in the treasury of the State four trust funds, to be known respectively as the Hawaiian home operating fund, the Hawaiian home receipts fund, the Hawaiian home trust fund, and the native Hawaiian rehabilitation fund and one special fund to be known as the Hawaiian home administration account.
(e) Hawaiian home operating fund. The interest transferred from the Hawaiian home loan fund, all moneys received by the department from any other source, and moneys transferred from the Hawaiian home receipts fund, shall be deposited into the Hawaiian home operating fund. The moneys in this fund, without the prior written approval of the governor, shall be available:
(1) For construction and reconstruction of revenue-producing improvements intended to serve principally occupants of Hawaiian home lands, including acquisition or lease therefor of real property and interests therein, such as water rights or other interests;
(2) For payment into the treasury of the State of such amounts as are necessary to meet the interest and principal charges for state bonds issued for such revenue-producing improvements;
(3) For operation and maintenance of such improvements constructed from such funds or other funds;
(4) For the purchase of water or other utilities, goods, commodities, supplies, or equipment needed for services, or to be resold, rented, or furnished on a charge basis to occupants of Hawaiian home lands; and
(5) For appraisals, studies, consultants (including architects and engineers), or any other staff services including those in section 202(b) required to plan, implement, develop, or operate these projects.
The moneys in this fund may be supplemented by other funds available for or appropriated by the legislature for the same purposes. In addition to such moneys, this fund, with the approval of the governor, may be supplemented by transfers, made on a loan basis from the Hawaiian home loan fund for a period not exceeding ten years; provided that the aggregate amount of such transfers outstanding at any one time shall not exceed $500,000.
In addition, moneys of this fund shall be made available with the prior written approval of the governor for offsite improvements and development necessary to serve present and future occupants of Hawaiian home lands; for improvements, additions, and repairs to all assets owned or leased by the department excluding structures or improvements that the department is obligated to acquire under section 209; for engineering, architectural, and planning services to maintain and develop properties; for such consultant services as may be contracted for under this Act; for purchase or lease of necessary equipment; for acquisition or lease of real property and interest therein; and for improvements constructed for the benefit of beneficiaries of this Act and not otherwise permitted in the various loan funds or the administration account.
[(f) Hawaiian home administration account. The entire receipts derived from any leasing
or other disposition of the available lands pursuant to section [204(a)(2)] and
transfers from the Hawaiian home receipts fund shall be deposited into this
account. Any interest or other earnings
arising out of investments from this fund shall be credited to and deposited
into this fund. The moneys in this
account shall be expended by the department for salaries and other
administration expenses of the department in conformity with general law applicable
to all departments of the State, and no sums shall be expended for structures
and other permanent improvements. This account
shall be subject to the following conditions and requirements:
(1) The department,
when required by the governor but not later than November 15 preceding each
regular session of the legislature, shall submit to the state director of finance
its budget estimates of expenditures for the next fiscal period in the manner
required by general law;
(2) The
department's budget as approved by the governor shall be included in the
governor's budget report and shall be transmitted to the legislature for its approval;
(3) Upon legislative
approval of a budget, the amount appropriated shall be made available to the
department. If no budget is approved by
the legislature prior to its adjournment, sums accruing to this account shall not
be expended for any other purpose but shall remain available for future
use. Any amount in this account which is
in excess of the amount approved by the legislature or made available for the
fiscal period may be transferred to the Hawaiian home operating fund.
(g)] (f) Hawaiian home receipts fund. All interest moneys from loans or investments
received by the department from any fund except as provided for in each
respective fund, shall be deposited into this fund. At the end of each quarter, all moneys in
this fund may be transferred to the Hawaiian home operating fund, the Hawaiian
home administration account, the Hawaiian home trust fund, and any loan fund in
accordance with rules adopted by the department.
[(h)] (g) Hawaiian home trust fund. Except for gifts, bequests, and other moneys
given for designated purposes, moneys deposited into this fund shall be available
for transfers into any other fund or account authorized by the Act or for any
public purpose deemed by the commission to further the purposes of the
Act. Public purpose, as used herein,
includes the formation of an account within the Hawaiian home trust fund as a
reserve for loans insured or guaranteed by the Federal Housing Administration,
Department of Veterans Affairs, or any other federal agency and their respective
successors and assigns, which are authorized to insure or guarantee loans. Notwithstanding any other law to the
contrary, the department is expressly authorized to deposit the reserve for loans
in any duly organized bank in the State or elsewhere in the United States with
automatic fund transfer capabilities and at such reserve amounts as shall be
reasonably required by the federal agencies as a condition for participation in
their respective insurance or guarantee programs.
[(i)] (h) Native Hawaiian rehabilitation fund. Pursuant to Article XII, Section 1, of the
Hawaii Constitution, thirty per cent of the state receipts, derived from lands
previously cultivated as sugarcane lands under any other provision of law and
from water licenses, shall be deposited into this fund. The department shall use this money for the
rehabilitation of native Hawaiians, native Hawaiian families, and Hawaiian homestead
communities, which shall include the educational, economic, political, social,
and cultural processes by which the general welfare and conditions of native
Hawaiians are thereby improved and perpetuated.
The native Hawaiian rehabilitation fund shall be subject to the following conditions:
(1) All moneys received by the fund shall be deposited into the state treasury and kept separate and apart from all other moneys in the state treasury;
(2) The director of finance shall serve as a custodian of the fund. All payments from the fund shall be made by the director of finance only upon vouchers approved by the commission;
(3) The commission shall develop guidelines for the investment of moneys in the fund;
(4) The commission may invest and reinvest in investments authorized by chapter 88, Hawaii Revised Statutes. The commission may hold, purchase, sell, assign, transfer, or dispose of any securities and investments in which any of the moneys shall have been invested, as well as the proceeds of such investments; and
(5) The commission may pay out of any of the moneys held for investment, a reasonable amount to any person for supplying investment advisory or consultive services; and to meet such other costs incident to the prudent investment of moneys as the commission may approve.
Any payment of principal, interest, or other earnings arising out of the loan or investment of money from this fund shall be credited to and deposited into this fund.
Sections 214, 215, 216, and 217 shall not apply to administration of this fund. The department is authorized to adopt rules under chapter 91, Hawaii Revised Statutes, necessary to administer and carry out the purposes of this fund."
SECTION 197. Section 228 of the Hawaiian Homes Commission Act, 1920, as amended, is amended to read as follows:
"§228. Commercial and multipurpose project leases; extension of term. (a) Notwithstanding any law to the contrary, the procedures under this section shall apply to commercial and multipurpose projects under section 204 or 220.5, and shall be in addition to any other procedures required by law.
(b) Prior to the disposition of available land through a request for proposals for an initial lease for a commercial or multipurpose project, the department shall consult with beneficiaries of the trust in the master planning of the available lands. The process of beneficiary consultation shall be as established by the department and shall:
(1) Engage beneficiaries and beneficiary-serving organizations;
(2) Provide for the timely dissemination of information about the proposed project and the gathering of input; and
(3) Allow for a reasonable time and reasonable access to relevant information for evaluation and consideration.
(c) Notwithstanding section 220.5(d)(1), the department may extend the term of a lease of Hawaiian home lands for commercial or multipurpose projects and with the approval by the department of a written agreement proposed by the lessee, or the lessee and developer, to:
(1) Make improvements to the leased property; or
(2) Obtain financing for the improvement of the leased lands.
The extension of the lease pursuant to this section shall be based upon the improvements made or to be made, shall be no longer than twenty years, and shall be granted only once.
(d) Before the written agreement is approved, the lessee, or the lessee and developer, shall submit to the department the plans and specifications for the proposed development. The department shall review the plans, specifications, and the written agreement and determine:
(1) Whether the development is of sufficient value and meets the priorities of the commission to justify an extension of the lease;
(2) The estimated time needed to complete the improvements and expected date of completion of the improvements; and
(3) The minimum revised annual rent based on the fair market value of the lands to be developed, as determined by an appraiser for the department, and percentage rent where gross receipts exceed a specified amount.
The commission shall adopt and publish a policy pursuant to chapter 91, Hawaii Revised Statutes, which shall be used to evaluate any request for a lease extension, including the terms of the lease, prospective payments, and renegotiation, and shall be used by the commission for any final determination on a lease extension request.
(e) The department shall submit an annual report to the legislature and the United States Department of the Interior, no later than twenty days prior to the convening of each regular session, beginning with the regular session of 2011, of all leases of available lands for commercial and multipurpose projects, including the following:
(1) The total number of leases;
(2) Acreage of each lease;
(3) Terms of each lease;
(4) Whether the lessee is a beneficiary or beneficiary controlled organization; and
(5) Whether the lease was for retained available lands not required for leasing under section 207(a), and was negotiated with a native Hawaiian, or organization or association owned or controlled by native Hawaiians, under section 204(a)(2).
(f)
All lease revenues from commercial and multipurpose project leases collected
by the department to which this section applies shall be deposited into the [Hawaiian
home administration account established under section 213(f).] general fund.
(g) As used in this section, "improvements" means any renovation, rehabilitation, reconstruction, or construction of the property, including minimum requirements for off-site and on-site improvements."
SECTION 198. Section 213.5, of the Hawaiian Homes Commission Act, 1920, as amended, is repealed.
["§213.5. Establishment of special
fund. A separate special fund
of the department shall be established for each undertaking or part thereof
financed from the proceeds of revenue bonds equally secured. Each fund shall be designated
"department of Hawaiian home lands revenue bond special fund" and
bear any additional designation the department deems appropriate to properly
identify the fund. Any law to the
contrary notwithstanding, including any provision of this Act, from and after
the issuance of revenue bonds under and pursuant to the provisions of this Act
and part III of chapter 39, Hawaii Revised Statutes, to finance an undertaking,
all rentals, income, receipts, and other revenues derived by the department
from the particular undertaking for which financing is undertaken shall be paid
into the special fund established pursuant to this Act and applied in the
manner and for the purposes set forth in part III of chapter 39, Hawaii Revised
Statutes, and the proceedings authorizing the issuance of revenue bonds."]
SECTION 199. The following funds (account number) are abolished:
(1) Hawaiian home administration account (S-305-I); and
(2) Protocol funds for executive heads (S-398-I),
and any unencumbered balances shall lapse to the credit of the general fund.
PART X. JUDICIARY
SECTION 200. Section 607-5.6, Hawaii Revised Statutes, is amended to read as follows:
"§607-5.6 Surcharge for parent
education for separating parties in matrimonial actions, where either party has
a minor child, and for parties in parentage actions[; special fund]. (a) In
addition to the fees prescribed under section 607-5 for a matrimonial action where
either party has a minor child, or a family court proceeding under chapter 584,
the court shall collect a surcharge of $50 at the time of filing the initial
complaint or petition. In cases where
the surcharge has been initially waived, the court may collect the surcharge
subsequent to the filing with such surcharge to be assessed from either party
or apportioned between both parties.
(b) No surcharge shall be assessed:
(1) Against any party who has received an initial waiver of filing fees, except that the court may subsequently determine that a party has the financial ability to pay the surcharge; or
(2) Against any party
proceeding on behalf of the State or any of the various counties.
(c) Surcharges subject to this section shall be limited to one surcharge per case.
[(d) There is established within the state
treasury the parent education special fund into which shall be deposited revenues
assessed under subsection (a), interest and investment earnings, grants,
donations, and contributions from private or public sources. The fund shall be administered by the
judiciary, subject to the conditions specified in subsection (e).
(e) The special fund shall be used solely for expenditures
related to providing education on all islands for separating parents in
matrimonial actions and parties in parentage actions and their minor children. Revenues deposited into the special fund may
be used for existing or enhanced parent education programs administered by the
judiciary, or for grants or purchases of service pursuant to chapter 42F. All appropriations or authorizations from the
special fund shall be expended by the judiciary.
(f) The judiciary shall submit an annual financial
report to the legislature, prior to the convening of each regular session,
which shall include an accounting of all [deposits and expenditures from the
fund.]
(d) Revenues assessed under subsection
(a) shall be deposited into the general fund."
SECTION 201. Section 607-5.7, Hawaii Revised Statutes, is amended as follows:
1. By
amending subsections (f) and (g) to read:
"[(f) There is established a special fund to be
known as the indigent legal assistance fund.
The funds raised under subsections (a), (b), (c), and (d) shall be
transmitted to the administrative director of the courts and deposited in the
indigent legal assistance fund.
(g) This fund shall be administered by the
administrative director of the courts, or pursuant to contract with the administrative
director of the courts. If the fund is
administered pursuant to contract with the]
(f) The funds raised under subsections
(a), (b), (c), and (d) shall be deposited into the general fund.
(g) Subject to available funds, the administrative
director of the courts, [the contractor shall be a] may enter into a contract
with a fund administrator; provided that the fund administrator is a
nonprofit organization that has at least one year's experience in administering
grants to providers of civil legal services for indigents. The fund administrator shall receive not more
than five per cent of the total amount collected under this section each fiscal
year as compensation for performing the duties under this section."
2. By
amending subsection (j) to read:
"(j) The administrative director of the courts, or
the [contractor administering the fund] fund administrator administering
the available funds pursuant to contract with the administrative director
of the courts, shall review, on a biennial basis, the indigent legal assistance
fund to determine whether it is meeting the civil legal needs of indigent
persons and shall report its findings and recommendations to the legislature no
later than twenty days prior to the convening of the regular session of the
legislature in each even-numbered year beginning with the regular session of
2014."
SECTION 202. Section 286G-2, Hawaii Revised Statutes, is repealed.
["§286G-2 Driver education and training
fund. There is established in
the state treasury a special fund to be known as the driver education and training
fund. All driver education assessments
collected pursuant to this chapter shall be deposited in the driver education
and training fund to be expended by the administrative director of the courts
for driver education and training programs administered by the judiciary,
subject to part III of chapter 37 to the extent that the same applies to
appropriations for the judiciary."]
SECTION 203. Section 601-3.6, Hawaii Revised Statutes, is repealed.
["§601-3.6 Spouse and child
abuse special account; judiciary.
(a) There is established within
the state treasury a special fund to be known as the "spouse and child
abuse special account", and to be administered and expended by the judiciary.
(b) The proceeds of the account shall be reserved
for use by the judiciary for staff programs, and grants or purchases of
service, consistent with chapters 42F and 103F, that support or provide spouse
or child abuse intervention or prevention as authorized by law. These proceeds shall be used for new or
existing programs and shall not supplant any other funds previously allocated
to these programs. The account shall be
kept separate and apart from all other funds in the treasury.
(c) The account shall consist of fees remitted
pursuant to sections 338-14.5 and 572-5, income tax remittances allocated under
section 235-102.5, fines collected pursuant to sections [586-4(e)], 580-10, and
586-11, interest and investment earnings, grants, donations, and contributions
from private or public sources. All
realizations of the account shall be subject to the conditions specified in
subsection (b).
(d) The judiciary, in coordination with the
department of health, shall submit an annual report to the legislature, prior
to the convening of each regular session, providing an accounting of the
receipts of and expenditures from the account."]
SECTION 204. Section 601-3.7, Hawaii Revised Statutes, is repealed.
["§601-3.7 Judiciary computer
system special fund. (a) There is established in the state treasury a
special fund to be known as the judiciary computer system special fund, which
shall contain the following:
(1) Moneys
collected from administrative fees pursuant to section 287-3(a);
(2) Fees prescribed
by the supreme court by rule of court for electronic document certification,
electronic copies of documents, and for providing bulk access to electronic
court records and compilations of data; and
(3) Fees pursuant
to sections 607-4(b)(10) and 607‑5(c)(32).
(b) The fund shall be used for:
(1) Consulting and
other related fees and expenses in the selection, implementation, programming,
and subsequent upgrades in judiciary computer system for a statewide computer
system; and
(2) The purchase of
hardware and related software for a judiciary computer system.
(c) The fund may be used for other expenses
relating to new technology in traffic enforcement and civil, criminal, and appellate
case processing and management, including operations and maintenance.
(d) Moneys in the judiciary computer system
special fund shall not revert to the general fund."]
SECTION 205. Section 706-649, Hawaii Revised Statutes, is repealed.
["§706-649 Probation services
special fund. (1) There is established in the state treasury a
special fund to be known as the probation services special fund. All probation services fees collected under
section 706-648 shall be deposited into this fund.
(2) Moneys in the probation services special fund
shall be used by the judiciary to:
(a) Monitor and
enforce compliance with the terms and conditions of probation and other
supervision programs for defendants; and
(b) Support other
duties and activities related to the supervision of defendants."]
SECTION 206. Sections 286G-3(d), 353B-6, 580-10(e), 586‑4(f), 586-11(b), 607-4(a),
607-5(a),
and 706-648(4), Hawaii Revised
Statutes, are amended by substituting the words "general fund" wherever
the words "driver education and training fund",
"probation services special fund established in section 706‑649",
"spouse and child abuse special
account established under section 601-3.6", "judiciary computer system special fund
pursuant to section 601-3.7", "probation services special
fund pursuant to section 706-649", or similar term appears, as the context
requires.
SECTION 207. The first judicial circuit fund, account code S‑317-J,
is abolished and any unencumbered balance shall lapse to the credit of the general
fund.
PART XI. DEPARTMENT OF HUMAN SERVICES
SECTION 208. Section 346-7.5, Hawaii Revised Statutes, is repealed.
["§346-7.5 Spouse and child
abuse special fund. (a) There is established within the state treasury
a special fund to be known as the "spouse and child abuse special fund",
and to be administered and expended by the department of human services.
(b) The proceeds of
the special fund shall be reserved for use by the department of human services
for staff programs, and grants or purchases of service, consistent with
chapters 42F and 103F, that support or provide spouse or child abuse
intervention or prevention as authorized by law. These proceeds shall be used for new or
existing programs and shall not supplant any other funds previously allocated
to these programs.
(c) The special fund shall
consist of fees remitted pursuant to sections 338-14.5 and 572-5, income tax
remittances allocated under section 235-102.5, federal reimbursements received
through Title IV-E of the Social Security Act received in the following fiscal
year from which the Title IV-E funds were expended, interest and investment
earnings, grants, donations, and contributions from private or public sources. All realizations of the special fund shall be
subject to the conditions specified in subsection (b).
(d) The department of
human services shall submit an annual report to the legislature, prior to the
convening of each regular session, providing an accounting of the receipts of
and expenditures from the special fund.
(e) All unencumbered
and unexpended moneys in excess of $3,000,000 in the spouse and child abuse
special fund shall lapse to the credit of the general fund. Upon dissolution of the spouse and child abuse
special fund, any unencumbered moneys in the fund shall lapse to the general
fund."]
SECTION 209. Section 346-57.5, Hawaii Revised Statutes, is repealed.
["[§346-57.5] Interim assistance reimbursement special
fund. (a) There is established in the state treasury
the interim assistance reimbursement special fund, to be administered by the department,
into which shall be deposited:
(1) Moneys received from the federal
government pursuant to section 346-57;
(2) Appropriations made by the legislature
to the fund;
(3) Any interest that accrues upon the
balance in the fund; and
(4) Any other revenues designated for
the fund.
(b)
Moneys in the interim assistance
reimbursement special fund shall be used for:
(1) State-funded financial assistance
payments; and
(2) Programs that support and assist recipients
to qualify for supplemental security income.
(c) All unencumbered and unexpended moneys in
excess of $3,000,000 in the interim assistance reimbursement special fund shall
lapse to the credit of the general fund.
Upon dissolution of the special fund, any unencumbered and unexpended
moneys remaining on balance in the fund shall lapse to the credit of the general
fund.
(d) Moneys in the interim assistance
reimbursement special fund may be used for general assistance to households
without minor dependents; provided that these moneys shall not be considered by
the director in determining the general assistance allowance as set forth in
section 346-53(b).
(e) The department shall submit a report to the
legislature detailing the amount of, and reason for, any expenditure from the
interim assistance reimbursement special fund within ten business days of the expenditure."]
SECTION 210. Act 156, Session Laws of Hawaii 2012, section 5, as amended by section 3 of Act 142, Session Laws of Hawaii 2013, as amended by section 2 of Act 124, Session Laws of Hawaii 2014, as amended by section 2 of Act 69, Session Laws of Hawaii 2015, as amended by section 2 of Act 59, Session Laws of Hawaii 2016, as amended by section 5 of Act 60, Session Laws of Hawaii 2017, as amended by section 6 of Act 163, Session Laws of Hawaii 2019, is amended by amending section 5 to read as follows:
"SECTION
5. This Act shall take effect on July 1,
2012, and shall be repealed on June 30, 2021; provided that section -4,
Hawaii Revised Statutes, established by section 2 of this Act, and the
amendment made to section 36-30(a), Hawaii Revised Statutes, in section 3 of
this Act, shall be repealed on [December 31,] July 1, 2021."
SECTION 211. Act 124, Session Laws of Hawaii 2014, section 7, as amended by section 3 of Act 69, Session Laws of Hawaii 2015, as amended by section 3 of Act 59, Session Laws of Hawaii 2016, and as amended by section 6 of Act 60 Session Laws of Hawaii 2017, as amended by section 7 of Act 163, Session Laws of Hawaii 2019, is amended by amending section 7 to read as follows:
"SECTION 7. This Act shall take effect on June 29, 2014;
provided that:
(1) Section 5 shall take effect on July 1, 2014; and
(2) The amendments made to section 36-27(a)
and 36-30(a), Hawaii Revised Statutes, in sections 3 and 4 of this Act shall be
repealed on [December 31,] July 1, 2021."
SECTION 212. Act 217, Session Laws of Hawaii 2012, section 5, as amended by section 2 of Act 141, Session Laws of Hawaii 2013, as amended by section 2 of Act 123, Session Laws of Hawaii 2014, as amended by section 2 of Act 70, Session Laws of Hawaii 2015, as amended by section 3 of Act 60, Session Laws of Hawaii 2016, as amended by section 5 of Act 59, Session Laws of Hawaii 2017, as amended by section 6 of Act 173, Session Laws of Hawaii 2019, is amended to read as follows:
"SECTION
5. This
Act shall take effect on July 1, 2012, and shall be repealed on June 30, 2021; provided that section -4,
Hawaii Revised Statutes, in section 2 of this Act, and the amendment to section
36-30(a), Hawaii Revised Statutes, in section 3 of this Act, shall be repealed
on [December 31,] July 1, 2021."
SECTION 213. Act 123, Session Laws of Hawaii 2014, section 7, as amended by section 3 of Act 70, Session Laws of Hawaii 2015, as amended by section 4 of Act 60, Session Laws of Hawaii 2016, as amended by section 6 of Act 59, Session Laws of Hawaii 2017, as amended by section 7 of Act 173, Session Laws of Hawaii 2019, is amended to read as follows:
"SECTION 7. This Act shall
take effect on June 29, 2014; provided that:
(1) Section 5 shall take effect on July 1, 2014; and
(2) The amendments made to sections
36-27(a) and 36-30(a), Hawaii Revised Statutes, in sections 3 and 4 of this Act
shall be repealed on [December 31,] July 1, 2021."
SECTION 214. The following funds (account code) are abolished:
(1) General Support for health care payments (S-302-K);
(2) Health care payments (S-303-K);
(3) General assistance payments (S-317-K);
(4) Financial assistance for housing (S-339-K); and
(5) Child care grant program (S-353-K),
and the unencumbered balances shall lapse to the credit of the general fund.
PART XII. DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
SECTION 215. Section 383-1, Hawaii Revised Statutes, is amended by deleting the definition of "administration fund".
[""Administration fund"
means the special unemployment insurance administration fund established
pursuant to section 383-127."]
SECTION 216. Section 383-74, Hawaii Revised Statutes, is amended to read as follows:
"§383-74 Appeal; correction of assessment
or contributions. Any person aggrieved
by any assessment of a contribution or a penalty or contributions assessed
pursuant to this chapter, having paid the contribution or penalty, may appeal
from the assessment by filing a written notice of appeal with the department within
twenty days after the date of mailing of the notice of assessment to the
person's last known address. The appeal
shall be heard by the referee in accordance with applicable provisions of sections
383-38 and 383-39. Any amount determined
to have been erroneously paid as a result of the final determination of the
appeal in favor of the employing unit, or as a result of a final judgment for
the employing unit in an action brought pursuant to section 40-35, shall be
refunded, without interest and without the addition of any other charges, in the
same manner as other refunds under this chapter. Notwithstanding any other provisions of law
to the contrary, any amount which is paid under protest or which is covered by
any appeal or action referred to in this section shall not be held as a special
deposit, but the amount shall in all respects be subject to [sections] section
383-122 [and 383-127] to the same effect as though the amount had not
been paid under protest and was not covered by the appeal or action."
SECTION 217. Section 383-76, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) If not later than four years after the date
of payment of any amount as a contribution or contributions or interest thereon
or penalty with respect thereto, an employing unit which has made such payment
erroneously makes application for an adjustment thereof in connection with
subsequent contribution payments, or for a refund thereof because the
adjustment cannot be made within a reasonable time, and if the department of
labor and industrial relations determines that payment of such contribution or
contributions or interest or penalty or any portion thereof was erroneous, the
department shall allow the employing unit to make an adjustment thereof, without
interest, in connection with subsequent contribution payments by the employing
unit, or if the adjustment cannot be made within a reasonable time, the department
shall refund from the unemployment compensation fund [or the administration
fund as may be appropriate], without interest, the amount erroneously
paid. For like cause and within the same
period, adjustment or refund may be so made on the department's own
initiative. Any number of [such]
payments erroneously made by an employing unit may form the basis of one application. The four-year limitation period stated above
shall be applicable with respect to payments made in the year 1937 and in all
subsequent years."
SECTION 218. Section 383-129, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) In addition to contributions determined by
section 383-68, every employer, except an employer who has selected an
alternative method of financing liability for unemployment compensation benefits
pursuant to section 383-62, or an employer who has been assigned a minimum rate
of zero per cent or the maximum rate of the applicable schedule in accordance with
section 383-68, shall be subject to an employment and training [fund]
assessment at a rate of .01 per cent of taxable wages as specified in section
383-61."
SECTION 219. Section 706-650.5, Hawaii Revised Statutes, is amended to read as follows:
"§706-650.5 Human trafficking
victim services [fund.] fee. (1) In
addition to any disposition authorized by chapter 706, any individual who is:
(a) Convicted of an offense under part VIII of chapter 707; or
(b) Convicted of an offense under part I of chapter 712;
shall be ordered to pay a fee under subsection (2).
(2) Fees for individuals subject to subsection (1) shall not exceed the following:
(a) $5,000 when the offense is a class A felony;
(b) $2,500 when the offense is a class B felony;
(c) $1,000 when the offense is a class C felony;
(d) $500 when the offense is a misdemeanor; or
(e) $250 when the offense is a petty misdemeanor.
[(3) There is established within the state treasury
a special fund to be known as the human trafficking victim services fund to be
administered by the department of labor and industrial relations. The disbursement of money from the human
trafficking victim services fund shall be used to supplement programs, grants,
or purchase of service contracts that support or provide comprehensive services
to victims of labor trafficking crimes under part VIII of chapter 707, or victims
of trafficking related to crimes under part I of chapter 712. Moneys in the special fund shall be used for
new or existing programs, grants, or purchase of service contracts and shall
not supplant any other moneys previously allocated to these programs, grants,
or purchase of service contracts.
(4)] (3) All fees paid [and interest accrued on
funds collected] pursuant to this section shall be deposited into the [human
trafficking victim services] general fund.
[(5)] (4) When a defendant is ordered to make payments in
addition to the human trafficking victim services fee authorized under subsection
(2), payments by the defendant shall be made pursuant to section 706-651.
[(6)] (5) The department of labor and industrial relations
shall submit to the legislature no later than twenty days prior to the
convening of each regular session a written annual report that provides the
following:
(a) An accounting of the receipts of and expenditures from the human trafficking victim services fund; and
(b) Any recommendations to improve support of and services to victims of labor trafficking crimes under part VIII of chapter 707, or victims of trafficking related to crimes under part I of chapter 712."
SECTION 220. Section 132C-9, Hawaii Revised Statutes, is repealed.
["[§132C‑9]
Reduced ignition propensity cigarette program special fund. (a)
There is
established in the state treasury a reduced ignition propensity cigarette
program special fund, into which shall be deposited all moneys collected by the
state fire council from the reduced ignition propensity cigarette program
pursuant to section 132C-4. All interest
earned or accrued on moneys deposited in the fund shall become part of the
fund.
(b) Moneys in the reduced ignition
propensity cigarette program special fund shall be administered and expended by
the state fire council to defray
the actual cost of activities and requirements of section 132C-4, including employing
one full-time administrator and one full-time assistant whose duties include:
(1) Adopting administrative
rules for program implementation, establishing compliance inspections, and
approving forms and enforcement procedures and guidelines;
(2) Receiving
certifications for approximately six hundred different brands and styles of cigarettes
from the manufacturers;
(3) Compiling
a list of the cigarette brands and styles for which manufacturers have
submitted certifications, verifying tax stamp
compliance with the department of the attorney general, and posting the list of
certified brands and styles on a state website for informational purposes only;
(4) Reviewing
and approving, as needed, any alternative test methods or fire standard compliance
markings submitted by the manufacturer; and
(5) If needed,
submitting certified cigarettes to an accredited laboratory for testing to
verify that performance standards have been met."]
SECTION 221. Section 371-12.5, Hawaii Revised Statutes, is repealed.
["[§371-12.5] Labor law enforcement
special fund; establishment; purposes. (a) There
is established in the state treasury the labor law enforcement special fund
into which shall be deposited:
(1) All penalties collected pursuant to
section 388-9.7;
(2) All penalties collected pursuant to
section 388-10;
(3) All civil
penalties assessed pursuant to section 396‑10;
(4) Moneys
appropriated by the legislature to the fund; and
(5) Any income and
capital gains earned by the fund.
(1) Personnel and operating expenses;
(2) Staff development, training, fees,
and expenses; and
(3) Litigation
expenses, including but not limited to transcript costs, and interpretation and
translation services.
SECTION 222. Section 383-127, Hawaii Revised Statutes, is repealed.
["[§383-127] Special unemployment
insurance administration fund.
(a) There is created in the state
treasury a special fund to be known as the special unemployment insurance
administration fund. All interest, fines,
and penalties collected under this chapter on and after October 1, 1987, shall
be paid into this fund and shall not be commingled with other state funds but
maintained in a separate account on the books of the depository. Interest earned upon moneys in the
administration fund shall be deposited and credited to the administration fund.
All moneys payable to the
administration fund shall be transferred immediately into the administration fund
from the clearing account of the unemployment compensation fund. The director of finance shall be the treasurer
and custodian of the administration fund and shall administer the fund in accordance
with directions by the director of labor and industrial relations. The director of finance shall be liable on
the director's official bond for the faithful performance of all duties in connection
with the administration fund. All sums
recovered on such surety bond for losses sustained by the administration fund
shall be deposited into the fund.
(b) Notwithstanding any other provisions of this
section to the contrary, the moneys in the administration fund shall be used
for the payment of the following expenses and obligations relating to the
administration of the unemployment insurance program:
(1) Refunds or
adjustments of interest on delinquent contributions and penalties or fines erroneously
collected under this chapter;
(2) Expenses for which
allocation of federal funds have been duly requested but not yet received,
subject to the reimbursement of the expenditures against the funds received;
(3) Expenditures
deemed necessary by the director in the administration of this chapter for
which no allocations of federal administration funds have been made; and
(4) Interest due
under the provisions of section 1202(b) of the Social Security Act, as amended,
for advances made to the unemployment compensation fund.
(c) No moneys in the administration fund shall be
expended for any purpose for which federal funds would otherwise be available.
(d) All expenditures from the administration fund,
except for refunds of penalties and interest erroneously collected, shall be
approved by the director.
(e) All moneys deposited or paid into the
administration fund shall be continuously available to the director for
expenditures consistent with this section and shall not lapse at any time. The director may transfer moneys deposited in
the administration fund to the unemployment compensation fund as the director
deems necessary.
(f) Twenty days before the convening of the
legislature in regular session each year, the director shall submit a report to
the legislature on the financial status of the special unemployment insurance
administration fund."]
SECTION 223. Section 383-128, Hawaii Revised Statutes, is repealed.
["§383-128 Employment and training
fund established. (a) Effective January 1, 1992, there is
established in the state treasury, apart from all other funds in this State, a
special fund to be known as the employment and training fund. All assessments collected pursuant to section
383-129 and all other moneys received by the fund from any other source shall
be deposited into the employment and training fund.
(b) The moneys in the employment and training fund
may be used for funding:
(1) The operation
of the state employment service for which no federal funds have been allocated;
(2) Business-specific
training programs to create a more diversified job base and to carry out the
purposes of the new industry training program pursuant to section 394-8 with emphasis
on serving small businesses by serving the training needs for industries
included in the State's
economic development strategy as recommended by the department of business, economic
development, and tourism and training needs identified by the county workforce investment
boards, employer organizations, industry or trade associations, labor
organizations and similar organizations;
(3) Industry or
employer-specific training programs where there are critical skill shortages in
high growth occupational or industry areas with emphasis on serving small businesses
by serving the training needs for industries included in the State's economic development strategy
as recommended by the department of business, economic development, and tourism
and training needs identified by the county workforce investment boards, employer
organizations, industry or trade associations, labor organizations and similar
organizations;
(4) Training and
retraining programs to assist workers who have become recently unemployed or are
likely to be unemployed;
(5) Programs to assist
residents who do not otherwise qualify for federal or state job training
programs to overcome employment barriers;
(6) Training programs
to provide job-specific skills for individuals in need of assistance to improve
career employment prospects; and
(7) For the period
from July 1, 2013, to June 30, 2014, costs to administer, manage, report, and
oversee title I programs funded under the federal Workforce Investment Act of
1998, P.L. 105-220, as amended.
(c) The director shall require employers who use or
who are assisted by any of these programs to contribute fifty per cent of the
cost of the assistance in cash or in-kind contributions.
(d) The department may contract for employment, education,
and training services from public and private agencies and nonprofit corporations. Contracts, pursuant to subsection (b), shall
be exempt from chapter 103F so funds for these services may be expended in a
timely manner to effectuate the purposes of this section. All other disbursements shall be in accordance
with chapters 103D and 103F.
(e) The department shall ensure the proper
administration of the employment and training fund program by:
(1) Standardizing contractual
language and requirements for all grantees and vendors;
(2) Expediting the
program's macro grant application process by either eliminating the county
advisory committees' review or by formalizing, defining, and including specific
time frames related to these committees;
(3) Providing
evidence that grant applications are treated in accordance with fund policies
by documenting the reasons for acceptance and denial of each proposed grant;
(4) Improving the
program's monitoring of funds disbursed by, at a minimum:
(A) Establishing
and implementing an organized filing system;
(B) Requiring
documentation of all contact made with grant applicants and recipients; and
(C) Ensuring
that staff in all branch offices are familiar with the various reports and
submittals required of the different fund recipients;
(5) Developing and
disseminating the state participant evaluation form to the program's vendors;
(6) Developing and
implementing strategies for evaluating the program's overall success that include
but are limited to:
(A) Assessing
whether the program is improving the long-term employability of Hawaii's people;
(B) Measuring
program outcomes related to work unit and company performance; and
(C) Collecting
and comparing wage data from workers who have utilized the fund versus those
who have not;
(7) Increasing awareness
of the fund and its programs by strengthening publicity;
(8) Establishing
consistent attendance-reporting requirements for both macro grant projects and
micro vendors and comparing attendance rates for projects and vendors who
charge additional fees to participants versus those who do not; and
(9) Reporting as
encumbrances only those obligations for which the fund has entered into bona
fide contracts.
(f) For purposes of grants awarded under
subsection (d), any organization requesting a grant shall:
(1) Be licensed and
accredited, as applicable, under the laws of the State;
(2) Have at least
one year's experience with the project or in the program area for which the request
or proposal is being made; except that the director may grant an exception
where the project or program area deals with new industry training; and
(3) Be, employ, or
have under contract persons who are qualified to engage in the program or
activity to be funded by the State.
(g) Recipients of grants shall be subject to the following
conditions:
(1) Any organization
requesting a grant shall submit its request together with all the information
required by the director on an application form provided by the department;
(2) The recipient
of a grant shall not use public funds for purposes of entertainment or perquisites;
(3) The recipient
of a grant shall comply with applicable federal, state, and county laws;
(4) The recipient
of a grant shall comply with any other requirements the director may prescribe;
(5) The recipient of
a grant shall allow the director, the legislative bodies, and the legislative
auditor full access to records, reports, files, and other related documents so
that the program, management, and fiscal practices of the grant recipient may
be monitored and evaluated to assure the proper and effective expenditure of
public funds;
(6) Every grant
shall be monitored according to rules established by the director to ensure
compliance with this section; and
(7) Any recipient
of a grant under this section who withholds or omits any material fact or deliberately
misrepresents facts to the director or who violates the terms of the
recipient's contract shall be in violation of this section and, in addition to
any other penalties provided by law, shall be prohibited from applying for a grant
under this section for a period of five years from the date of termination.
(h) The director shall submit a report to the
legislature on the status of the employment and training fund, including
expenditures and program results, at least twenty days prior to the convening
of each regular legislative session.
(i) The director of finance shall act as the treasurer
and custodian of the employment and training fund, invest those moneys in accordance
with applicable laws and rules, and disburse the moneys in the employment and
training fund in accordance with directions by the director of labor and
industrial relations; provided that if administrative encumbrances are
executed, then any portions thereof that are unexpended at the close of each
fiscal year shall be lapsed into the employment and training fund. All interest earned from investment of moneys
in the employment and training fund shall be deposited in the fund. The director of finance shall be liable on
the director's official bond for the faithful performance of all duties in
connection with the employment and training fund. All sums recovered on the surety bond for
losses sustained by the employment and training fund shall be deposited in the
fund.
(j) Administrative costs for the collection of
employment and training fund contributions and for costs related to the
establishment and maintenance of the employment and training fund shall be
borne by the fund beginning with fiscal year 1992-1993 and thereafter.
(k) The director may establish positions and hire
necessary personnel to establish and administer the employment and training
fund in accordance with chapter 76."]
SECTION 224. Sections 132C-4(a), 383-66(b), 383-98(b) and (d), 383-99, 383-123(b), 388-10(a), 394B-9(d), and 396-10(p), Hawaii Revised Statutes, are amended by substituting the words "general fund" wherever the words "reduced ignition propensity cigarette program special fund under section 132C‑9", "special unemployment insurance administration fund in accordance with section 383-127", "employment security administration fund", "labor law enforcement special fund", "employment and training fund under section 383-128", or similar term appears, as the context requires.
SECTION 225. The following funds (account code) are abolished:
(1) Human trafficking victim services fund (S-350-L);
(2) Labor law enforcement special fund (S-351-L);
(3) Placement services (employment & trng) (S-318-L);
(4) Hawaii occupational safety
and health program (S‑331‑L);
(5) Employment and training fund (S-316-L);
(6) Hawaii occupational safety & health prog (S-331-L);
(7) Special unemployment insurance administration fund (S‑313-L);
(8) General administration (S-311-L);
(9) Office of community services (S-338-L);
(10) Food assistance (S-352-L); and
(11) Support to public high school seniors (S-353-L),
and any unencumbered balances shall lapse to the credit of the general fund.
PART XIII. ACCOUNTING AND GENERAL SERVICES
SECTION 226. Section 9-3, Hawaii Revised Statutes, is amended to read as follows:
"§9-3 Duties. The foundation shall:
(1) Assist in coordinating the plans, programs, and activities of individuals, associations, corporations, and agencies concerned with the preservation and furtherance of culture and the arts and history and the humanities;
(2) Establish written standards and criteria by which grant contracts shall be evaluated;
(3) Appraise the availability, adequacy, and accessibility of culture and the arts and history and the humanities to all persons throughout the State and devise programs whereby culture and the arts and history and the humanities can be brought to those who would otherwise not have the opportunity to participate;
(4) Stimulate, guide, and promote culture and the arts and history and the humanities throughout the State;
(5) Devise and recommend legislative and administrative action for the preservation and furtherance of culture and the arts and history and the humanities;
(6) Study the availability of private and governmental grants for the promotion and furtherance of culture and the arts and history and the humanities;
(7) Through its executive director:
(A) Administer funds allocated by grant, gift, or bequest to the foundation; accept, hold, disburse, and allocate funds that may become available from other governmental and private sources; provided that all those funds shall be disbursed or allocated in compliance with any specific designation stated by the donor and in the absence of any designation, the funds shall be disbursed or allocated for the promotion and furtherance of culture and the arts and history and the humanities; and
(B) Accept, hold, disburse, and allocate public funds that are made available to the foundation by the legislature for disbursement or allocation, pursuant to the standards and procedures established in part II, for the promotion and furtherance of culture and the arts and history and the humanities;
(8) Submit an annual report with recommendations to the governor and legislature, prior to February 1, of each year. Annual reports shall include the total number and amount of gifts and other grants and income received, payroll disbursements, contracts entered into, and progress and accomplishments made during the year, including the efforts of the Hawaii arts education partners and its progress in implementing the Hawaii arts education strategic plan and the accomplishments of the art in public places and relocatable works of art programs and the state art museum;
(9) Convene the Hawaii arts education partners, which is composed of the department of education, the colleges of education and arts and humanities of the University of Hawaii at Manoa, the Hawaii Association of Independent Schools, and the Hawaii Alliance for Art Education, to fully implement the terms of the Hawaii arts education strategic plan;
(10) Display student art works in public buildings, sponsor student art displays, promote arts education, and in other ways encourage the development of creative talent among the young people of Hawaii;
(11) In cooperation with qualified organizations, conduct research, studies, and investigations in the fields of ethnohistory and the humanities:
(A) Make, publish, and distribute works documenting the contributions of individual ethnic groups in their relationship to one another and to the whole population of Hawaii;
(B) Place ethnohistorical and cultural materials developed by the foundation or received by the foundation as gifts and donations in public archives, libraries, and other suitable institutions accessible to the public; and
(C) Maintain a register of the location of such materials;
(12) Cooperate with and assist the department of land and natural resources and other state agencies in developing and implementing programs relating to historic preservation, research, restoration, and presentation, as well as museum activities;
(13) Establish an individual artist fellowship program to encourage artists to remain and work in Hawaii and to reaffirm the importance of Hawaii's artists and their cultural and economic contributions to the State by:
(A) Recognizing and honoring Hawaii's exceptionally talented visual and performing artists for their outstanding work in and commitment to the arts; and
(B) Enabling these artists to further their artistic goals;
(14) In consultation with
the comptroller and affected agencies and departments, administer the art in
public places and relocatable works of art programs [established pursuant to
section 103-8.5]; and
(15) Administer the operations of the state art museum established pursuant to section 9-22."
SECTION 227. Section 9-4, Hawaii Revised Statutes, is amended to read as follows:
"§9-4 Student art work.
The foundation, in consultation with the department of education, the
University of Hawaii, private schools, and community art groups, shall
establish a program for the recognition and display of student art work. Student art work shall mean any work of art
made by any student attending any elementary, intermediate, high school, college,
or university in the State.
Recognition shall be through the sponsoring
of student art exhibits and the granting of scholarships, monetary awards, or
certificates to the student whose art work is being recognized. Any funds appropriated to the foundation may
be used for the recognition of student art work. Student art work recognized under this
section may be acquired for the purpose of temporary or permanent display in
state buildings and public facilities [pursuant to section 103-8.5]."
SECTION 228. Section 9-21, Hawaii Revised Statutes, is amended to read as follows:
"[[]§9-21[]] Purpose. The foundation shall administer the
art in public places and relocatable works of art programs[, pursuant to
section 103-8.5,] and the state art museum to achieve the following purposes:
(1) Replace in public state buildings the natural beauty displaced in construction with works of art expressive of the State's cultural, creative, and traditional arts of its various ethnic groups;
(2) Support, promote, and recognize excellence of the State's diverse cultural, creative, and traditional artists; and
(3) Create, display, and maintain in public places and the state art museum a collection of works of art that:
(A) Represents the diversity and excellence of the State's artistic expression; and
(B) Provides to all the citizens of the State the fullest possible access to the highest quality aesthetic and educational experiences available."
SECTION 229. Section 9-22, Hawaii Revised Statutes, is amended to read as follows:
"[[]§9-22[]] State
art museum; establishment. The state
art museum is established within the foundation. The operations of the state art museum shall be
funded and supported by the [works of art special] general fund[,
pursuant to section 103-8.5]."
SECTION 230. Section 27-43, Hawaii Revised Statutes, is amended to read as follows:
"§27-43
Office of enterprise technology services;
chief information officer; information technology steering committee;
establishment; responsibilities. (a) There is established within the department of
accounting and general services the office of enterprise technology services,
which shall be headed by a full-time chief information officer to organize, manage,
and oversee statewide information technology governance. The chief information officer shall be appointed
by the governor as provided in section 26-34.
The chief information officer shall report directly to the governor and
shall:
(1) Develop, implement, and manage statewide information technology
governance;
(2) Develop, implement, and manage the state information technology
strategic plans;
(3) Develop and implement statewide technology standards;
(4) Work with each executive branch department and agency to
develop and maintain its respective multi-year information technology strategic
and tactical plans and road maps that are part of the State's overall
information technology strategic plans, road maps, and directions;
(5) Coordinate each executive branch department and agency's
information technology budget request, forecast, and procurement purchase to
ensure compliance with the department or agency's strategic plan and road map
and with the office of enterprise technology services' information technology
governance processes and enterprise architecture policies and standards,
including policies and standards for systems, services, hardware, software, and
security management;
(6) Report annually to the governor and the legislature on the status
and implementation of the state information technology strategic plan;
(7) Update the state information technology strategic plan every
four years;
(8) Perform other necessary or desirable functions to facilitate
the intent of this section;
(9) Employ persons exempt from chapters 76 and 89;
(10) Provide centralized computer information management and
processing services, coordination in the use of all information processing
equipment, software, facilities, and services in the executive branch of the State,
and consultation and support services in the use of information processing and
management technologies to improve the efficiency, effectiveness, and
productivity of state government programs;
(11) Establish, coordinate, and manage a program to provide a means for public access to public information and develop and operate an information network in conjunction with overall plans for establishing a communication backbone for state government; and
(12) Adopt rules, pursuant to chapter 91, necessary for the purposes of this part.
(b) There is established an information technology steering committee to assist the chief information officer in developing the State's information technology standards and policies, including but not limited to:
(1) Assisting the chief information officer in developing and implementing the state information technology strategic plans;
(2) Assessing executive branch departments' progress in meeting the objectives defined in the state information technology strategic plans and identifying best practices for shared or consolidated services;
(3) Ensuring technology projects are selected based on their potential impact and risk to the State, as well as their strategic value;
(4) Ensuring that executive branch departments maintain sufficient tools to assess the value and benefits of technology initiatives;
(5) Assisting the chief information officer in developing state information technology standards and policies; and
(6) Clarifying the roles, responsibilities, and authority of the office of enterprise technology services, specifically as it relates to its statewide duties.
The information technology steering committee shall consist of eleven members, with four members to be appointed by the senate president, four members to be appointed by the speaker of the house of representatives, one member to be appointed by the chief justice, and one member to be appointed by the governor, and shall include representatives from executive branch departments, including large user agencies such as the department of education and the University of Hawaii; the judiciary; the legislature; and private individuals. The chief information officer shall serve as the chair of the committee and shall ensure that the committee is evaluated periodically.
[(c)
There is established within the department of accounting and general services
a special fund to be known as the shared services technology special fund to be
administered and expended by the chief information officer for the purposes of
this subsection. Three per cent of the
receipts collected from special funds pursuant to section 36-27 shall be
deposited into the shared services technology special fund. Any law to the contrary notwithstanding, the
moneys in the fund shall be used to fund the operations of the chief
information officer and the information technology steering committee, including
the employment and training of staff and any other activities deemed necessary
by the chief information officer to carry out the purposes of this section.
(d)] (c) The chief information officer and the comptroller
may raise funds to defray administrative costs and may accept donations of
money and personal property on behalf of the information technology steering
committee; provided that all donations accepted from private sources shall be
expended in the manner prescribed by the contributor, and all moneys received
shall be deposited into the information technology trust account. The chief information officer may also directly
receive donated personal services and personal property for which funding is not
required.
[(e)]
(d) The chief information officer
shall submit an annual report to the governor and the legislature no later than
twenty days prior to the convening of each regular session of the legislature on
the activities and programs under the authority of the chief information officer
and the information technology
steering committee, and the expenditures of all moneys received from all
sources and deposited into the information technology trust account [and the
shared services technology special fund].
[(f)]
(e) The chief information officer
shall submit the updated state information technology strategic plan, revised
pursuant to subsection (a)(7), to the governor and the legislature no later than
twenty days prior to the convening of every fourth regular session of the legislature;
provided that the chief information officer shall submit the first updated state
information technology strategic plan to the governor and the legislature no
later than twenty days prior to the convening of the regular session of 2021."
SECTION 231. Section 94-8, Hawaii Revised Statutes, is amended to read as follows:
"[[]§94-8[]] State [archives preservation and long-term
access special fund; state] archives preservation fee. [(a)
There shall be established in the state treasury the state archives
preservation and long-term access special fund for the preservation of and long-term
access to government records.
(b) All revenues collected from fees for services
provided by the state archives shall be deposited in the state archives
preservation and long-term access special fund and be expended by the comptroller
to carry out the purposes of this section, including funding for staff positions
and for administrative and operational costs of the program. All interest earned or accrued on moneys deposited
in the fund shall become part of the fund.
(c)] In addition to any other fee authorized by
law, a state archives preservation fee of $1 shall be assessed for each
document that is filed or registered by members of the public with a governmental
entity and listed on an authorized records retention and disposition schedule
as permanent. The preservation fee shall
be collected and deposited in the [state archives preservation and long-term
access special] general fund [and used to preserve and keep accessible
electronic records of such documents in a usable state for the good of the
public]."
SECTION 232. Section 109-2, Hawaii Revised Statutes, is amended to read as follows:
"§109-2 Stadium authority; powers and duties. The powers and duties of the stadium authority shall be as follows:
(1) To maintain, operate, and manage the stadium and related facilities;
(2) To prescribe and collect rents, fees, and charges for the use or enjoyment of the stadium or any of its facilities;
(3) To make and execute contracts and other instruments necessary or convenient to exercise its powers under this chapter and subject to any limitations in this chapter, to exercise all powers necessary, incidental, or convenient to carry out and effectuate the purposes and provisions of this chapter;
(4) To adopt, amend, and repeal in accordance with chapter 91 rules it may deem necessary to effectuate this chapter and in connection with its projects, operations, and facilities;
(5) To appoint a manager
and a deputy manager who shall have qualifications as the authority deems necessary
and who shall hold their respective offices at the pleasure of the authority. The manager and deputy manager shall be exempt
from the requirements of chapters 76 and 89.
Effective July 1, 2005, the manager shall be paid a salary not to exceed
eighty-seven per cent of the salary of the director of human resources development. Effective July 1, 2005, the deputy manager shall
be paid a salary not to exceed eighty-five per cent of the manager's salary. The manager shall have full power to
administer the affairs of the stadium and related facilities, subject to the
direction and approval of the authority.
The manager shall, subject to the approval of the authority, have power
to appoint, suspend, and discharge a secretary who shall be exempt from the
requirements of chapters 76 and 89, and other employees, subordinates, and assistants
as may be necessary for the proper conduct of the business of the
authority. Except for persons hired on contract
[or otherwise as provided in section 109-3] and except for the manager,
deputy manager, and secretary, all appointments, suspensions, or discharges
shall be made in conformity with the applicable provisions of chapter 76; and
(6) To plan, promote, and market the stadium and related facilities."
SECTION 233. Section 109-8, Hawaii Revised Statutes, is amended to read as follows:
"§109-8 Lost and found money or
property at the stadium. All money
or property found at the stadium shall be reported or delivered by the finder
to the stadium lost and found, and when so delivered shall be held by the
stadium for forty-five days or until claimed by some person who establishes
title or right of custody thereto to the satisfaction of the stadium manager, whichever
is shorter. In the event of
establishment of title or right of custody, the money or property shall be
delivered to the claimant by the manager or the manager's agent. If after forty-five days no claimant
establishes a right to the money or property, the money or property may be
claimed by the person who delivered it to the stadium lost and found; provided
that if the person who delivered it to the stadium lost and found fails to claim
the money or property within thirty days after being notified by the manager,
the manager shall deposit the money into the state treasury to the credit of
the [stadium special] general fund or shall dispose of the property
by public auction. The manager shall
give public notice, giving details as to time and place of the auction and
giving notice to all persons interested in claiming the property that unless
claims are made by persons who can provide satisfactory proof of ownership
before a specified date, the property will be sold at public auction to the
highest bidder; provided that if the manager considers the highest bid to be
insufficient, the manager shall have the right to decline the sale to the highest
bidder and may reoffer the property at a subsequent public auction. On the day and at the place specified in the
notice, all property for which no satisfactory proof of ownership is made shall
be sold by auction by or under the direction of the manager.
If any property [which] that
is of a perishable nature or [which] that is unreasonably
expensive to keep or safeguard remains unclaimed at the stadium, the manager
may sell that property at public auction, at a time and after notice that is
reasonable under the circumstances. If the
manager determines that any property delivered to the manager pursuant to this section
has no apparent commercial value, the manager at any time thereafter may
destroy or otherwise dispose of the property.
The manager shall deposit into the [stadium
special] general fund all moneys received from the sale,
destruction, or disposition of any property.
No action or proceeding shall be brought or maintained against the State
or any officer thereof on account of such sale, destruction, or disposition. The purchaser of property at any sale
conducted by the manager pursuant to this section shall receive good title to
the property purchased and shall take possession of the property free from any
and all claims of the owner, prior owners, and any person claiming title.
For purposes of this section, notice by regular mail to the last known address of the person who delivered the money or property to the stadium lost and found shall be deemed sufficient."
SECTION 234. Section 138-2, Hawaii Revised Statutes, is amended by amending subsection (h) to read as follows:
"(h) The members shall serve without compensation. Members shall be entitled to reimbursements
from the [enhanced 911] general fund for reasonable traveling expenses
incurred in connection with the performance of board duties."
SECTION 235. Section 138-4, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f) A communications service provider or reseller
shall remit to the [enhanced 911] general fund, within sixty days
after the end of the calendar month in which the surcharge is collected, an amount
that represents the surcharges collected less amounts retained for administrative
expenses incurred by the communications service provider or reseller, as provided
in subsection (e)."
SECTION 236. Section 261-5.6, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The rental motor vehicle
customer facility charge special fund shall be exempt from [sections] section
36-30 [and 103-8.5]."
SECTION 237. Section 27G-6, Hawaii Revised Statutes, is repealed.
["§27G-6 Access Hawaii committee
special fund. There
is established in the state treasury the access Hawaii committee special fund,
into which shall be deposited fees collected by the office of enterprise technology
services for the purpose of supporting the access Hawaii committee. The chief information officer may appoint a
portal program manager exempt from chapter 76, which may be funded by the
access Hawaii committee special fund. Expenditures
from the access Hawaii committee special fund shall be approved by the access
Hawaii committee; provided that information on income and expenditures shall be
subject to legislative review and oversight in each budget submittal from the department
of accounting and general services."]
SECTION 238. Section 103-8.5, Hawaii Revised Statutes, is repealed.
["§103-8.5 Works of art special
fund. (a)
There is created a works of art special fund, into which shall be
transferred one per cent of all state fund appropriations for capital
improvements designated for the construction cost element; provided that this
transfer shall apply only to capital improvement appropriations that are
designated for the construction or renovation of state buildings. The one per cent transfer requirement shall
not apply to appropriations from the passenger facility charge special fund
established by section 261-5.5 and the rental motor vehicle customer facility
charge special fund established under section 261-5.6.
(b) The works of art special fund shall be used
solely for the following purposes:
(1) Costs related
to the acquisition of works of art, including any consultant or staff services
required to carry out the art in public places and relocatable works of art
programs;
(2) Site modifications,
display, and interpretive work necessary for the exhibition of works of art;
(3) Upkeep
services, including maintenance, repair, and restoration of works of art;
(4) Storing and
transporting works of art.
(c) The one per cent amount, which is included in
all capital improvement appropriations, shall be calculated at the time the appropriation
bills are signed into law. The moneys
shall be transferred into the works of art special fund upon availability of
moneys from the appropriations. Each agency
receiving capital improvement appropriations shall calculate the one per cent
amount and transfer the moneys into the works of art special fund.
(d) The comptroller and the state foundation on
culture and the arts shall decide on the specific art objects to acquire,
giving first consideration to placing appropriate pieces of art at the
locations of the original appropriation.
The selection of, commissioning
artists for, reviewing of design, execution, and placement of, and the
acceptance of works of art shall be the responsibility of the comptroller and the
state foundation on culture and the arts in consultation with the affected
agency or department.
Expenditures from the works of
art special fund shall be made by the comptroller.
(e) The comptroller shall:
(1) Provide each
agency receiving capital improvement appropriations with information regarding
items that shall be included and excluded from the one per cent amount;
(2) Ensure that
each agency calculates its one per cent amount correctly; and
(3) Ensure that
each agency transfers the correct amount to the works of art special fund in a
timely manner.
(f) The comptroller and the executive director
shall track amounts due from each agency under the one per cent requirement as
provided in this section."]
SECTION 239. Section 109-3, Hawaii Revised Statutes, is repealed.
["§109-3 Stadium special fund. There is created a special fund to be known
as the stadium special fund into which funds collected by the authority shall
be deposited. The stadium special fund
shall be applied, used, and disposed of for the payment of:
(1) The expenses of
the operation, maintenance, promotion, and management of; and
(2) All or a portion
of the cost of financing any capital improvement project for;
the stadium and related facilities; provided that
all services required for the stadium and related facilities shall be performed
by persons hired on contract or otherwise, without regard for chapter 76;
provided further that the authority shall report to the legislature all
receipts and expenditures of the stadium special fund account twenty days prior
to the convening of each regular session."]
SECTION 240. Section 138-1, Hawaii Revised Statutes, is amended by deleting the definition of "enhanced 911 fund".
[""Enhanced 911 fund" or "fund" means the special
fund established by section 138-3."]
SECTION 241. Section 138-3, Hawaii Revised Statutes, is repealed.
["§138-3 Enhanced 911 fund. There
is established outside the state treasury a special fund, to be known as the enhanced
911 fund, to be administered by the board.
The fund shall consist of amounts collected under section 138-4. The board shall place the funds in an
interest-bearing account at any federally insured financial institution,
separate and apart from the general fund of the State. Moneys in the fund shall be expended exclusively
by the board for the purposes of ensuring adequate funding to deploy and
sustain enhanced 911 service, developing and funding future enhanced 911
technologies, and funding expenses of administering the fund."]
SECTION 242. The following funds (account number) are abolished:
(1) State archives preservation and long-term access special fund (S-365-M);
(2) Shared services technology special fund (S-333-M);
(3) Access Hawaii committee special fund (S-338-M);
(4) Central services - custodial services (S-326-M);
(5) State foundation on culture and the arts (S-359-M);
(6) No. 1. captl dist bldg access impr, Oahu-L (S-400-M);
(7) Aloha Stadium - repairs & maintenance (S-353-M);
(8) Enhanced 911 fund (S-341-M);
(9) Wireless enhanced 911 fund (S-341-M);
(10) Kekuanaoa building renovations (S-363-M);
(11) Leeward coast homeless project (S-335-M);
(12) DLNR Kauai dams and reservoirs (S-362-M);
(13) Stadium special fund (S-307-M);
(14) Stadium manager's discretionary fund (S-318-M);
(15) Works of art special fund (S-319-M); and
(16) Works of art special fund (S-366-M),
and any unencumbered balances shall lapse to the credit of the general fund.
PART XIV – DEPARTMENT OF THE ATTORNEY
GENERAL
SECTION 243. Section 706-603, Hawaii Revised Statutes, is amended to read as follows:
"§706-603 DNA analysis monetary assessment; DNA registry special fund. (1) In addition to any disposition authorized by chapter 706 or 853, every defendant convicted of a felony offense shall be ordered to pay a monetary assessment of $500 or the actual cost of the DNA analysis, whichever is less. The court may reduce the monetary assessment if the court finds, based on evidence presented by the defendant and not rebutted by the State, that the defendant is not and will not be able to pay the full monetary assessment and, based on the finding, shall instead order the defendant to pay an assessment that the defendant will be able to pay within five years.
(2)
Notwithstanding any other law to the contrary, the assessment and penalty
provided by this section shall be in addition to, and not in lieu of, and shall
not be used to offset or reduce, any fine or restitution authorized or required
by law. [All assessments and
penalties shall be paid into the DNA registry special fund established in
subsection (3).
(3) There is established a special fund to be
known as the DNA registry special fund which shall be administered by the
attorney general. The fund shall consist
of:
(a) All assessments
and penalties ordered pursuant to subsection (1);
(b) All other moneys
received by the fund from any other source; and
(c) Interest earned
on any moneys in the fund.
Moneys in the DNA registry special fund shall be
used for the Hawaii sexual assault response and training program established pursuant
to chapter 844G; costs related to testing and storage of sexual assault
evidence collection kits pursuant to chapter 844G; and DNA collection, DNA
testing, and related costs of recording, preserving, and disseminating DNA
information pursuant to chapter 844D.
(4)] (3) Restitution shall be made before payment of
the monetary assessment pursuant to section 706-651."
SECTION 244. Section 844D-128, Hawaii Revised Statutes, is amended to read as follows:
"[[]§844D-128[]]
Payment. Analysis ordered pursuant
to section 844D-123(a) shall be paid for using funds [from the DNA registry
special fund established pursuant to section [706-603(3)].] appropriated by the legislature for that purpose.
The court may require payment for
analysis ordered pursuant to section 844D-123(b) to be made by the defendant, [the
DNA registry special fund,] paid from funds appropriated by the legislature
for that purpose, or a combination thereof."
SECTION 245. Section 846F-3, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The defendant shall pay the internet crimes
against children fee to the clerk of the court.
The fee shall be deposited with the director of finance who shall transmit
the fee to the [internet crimes against children special fund pursuant to
section 846F-4.] general fund."
SECTION 246. Section 28-91.5, Hawaii Revised Statutes, is repealed.
["[§28-91.5] Medicaid investigations recovery fund; established. There is established in the state treasury
the medicaid investigations recovery fund as a special fund, and which is to be
administered by the department of the attorney general, into which shall be
deposited all funds that have been recovered as a result of medicaid fraud settlements. Moneys from this special fund shall be used
to support a portion of operating expenses of the medicaid fraud unit within
the department of the attorney general."]
SECTION 247. Section 467B-15, Hawaii Revised Statutes, is repealed.
["[§467B-15] Solicitation of
funds for charitable purposes special fund.
There is established in the state treasury the solicitation of
funds for charitable purposes special fund, into which shall be deposited all fees,
fines, penalties, attorneys' fees, and costs of investigation collected under
this chapter. Moneys in the fund may be
expended by the attorney general for the enforcement of this chapter, the
dissemination of public information, and the oversight of charities and professional
fundraisers."]
SECTION 248. Section 846F-4, Hawaii Revised Statutes, is repealed.
["[§846F-4] Internet crimes
against children special fund; established.
(a) There is
established in the state treasury the internet crimes against children special
fund, into which shall be deposited:
(1) All fees
collected pursuant to section 846F-3;
(2) Moneys
appropriated by the legislature to the fund;
(3) Other grants
and gifts made to the fund; and
(4) Any income and
capital gains earned by the fund.
(b) Moneys in the internet crimes against children
special fund shall be expended by the department of the attorney general for
the following purposes:
(1) To provide
training and equipment for local law enforcement agencies to use in investigating
and prosecuting internet crimes against children, including funding to increase
the forensic capacity of digital evidence;
(2) To enable law
enforcement to investigate and prosecute internet crimes against children; and
(3) To assist groups
working directly to combat internet crimes against children.
(c) All unexpended and unencumbered moneys remaining
in the internet crimes against children special fund at the close of each
fiscal year that are deemed, by the director of finance, to be in excess of the
moneys necessary to carry out the purpose of this section over the following
fiscal year shall lapse to the credit of the state general fund."]
SECTION 249. Sections 245-26(a) and 245-41(c), Hawaii Revised
Statutes, are amended by substituting the words "general fund" wherever
the words "department
of the attorney general's tobacco enforcement special fund"
or "tobacco enforcement
special fund", appears, as the context requires.
SECTION
250. The following funds (account code) are
abolished:
(1) Legislative
relief for claims – dot (S-399-N); and
(2) Sex assault response, train & kit test (S-308-N),
and the unencumbered balances shall lapse
to the credit of the general fund.
PART XV. DEPARTMENT OF BUDGET AND FINANCE
SECTION 251. Section 328L-3, Hawaii Revised Statutes, is repealed.
["§328L-3 Emergency and budget
reserve fund. (a) There is established in the state treasury the
emergency and budget reserve fund, which shall be a special fund administered
by the director of finance and into which shall be deposited:
(1) Moneys received
from the tobacco settlement moneys under section 328L-2;
(2) Appropriations
made by the legislature to the fund; and
(3) Five per cent of the state general fund
balance at the close of the fiscal year, whenever state general fund revenues
for each of two successive fiscal years exceeds revenues for each of the
preceding fiscal years by five per cent.
For the purpose of this section, the general fund balance at the close
of the fiscal year shall be calculated after any:
(A) Tax
refund or tax credit is provided by the legislature;
(B) Deposit
into the emergency and budget reserve fund or another reserve fund is appropriated
by the legislature; or
(C) Prepayment
of general obligation bond debt service or pension or other post-employment
benefit liability is appropriated by the legislature;
during the same regular
session as the transfer depositing such moneys to the emergency and budget
reserve fund; provided that transfers shall not be made to the emergency and
budget reserve fund whenever the balance of the emergency and budget reserve fund
is equal to or more than ten per cent of general fund revenues for the preceding
fiscal year. The transfer shall be
executed by the director of finance.
All moneys deposited into the emergency and
budget reserve fund under paragraphs (1) and (2) and all moneys deposited under
paragraph (3) shall be kept in separate and distinct accounts.
(b) All interest earned from moneys in the
emergency and budget reserve fund shall be credited to the emergency and budget
reserve fund.
(c) Expenditures from the emergency and budget
reserve fund shall be a temporary supplemental source of funding for the State
during times of emergency, severe economic downturn, or unforeseen reduction in
revenues. No expenditures shall be made
from the emergency and budget reserve fund except pursuant to
appropriations. The general
appropriations bill or the supplemental appropriations bill, as defined in
section 9 of article VII of the Hawaii constitution, shall not be used to appropriate
moneys from the emergency and budget reserve fund. The governor, through an appropriations bill,
may recommend expenditures from the emergency and budget reserve fund by
setting forth the purposes of the expenditures consistent with subsection (d),
the amounts, and the reasons justifying the necessity for the appropriations.
(d) The legislature may make appropriations from the
fund for the following purposes:
(1) To maintain
levels of programs determined to be essential to public health, safety, welfare,
and education;
(2) To provide for
counter cyclical economic and employment programs in periods of economic
downturn;
(3) To restore
facilities destroyed or damaged or services disrupted by disaster in any
county; and
(4) To meet other
emergencies when declared by the governor or determined to be urgent by the
legislature.
Any act making appropriations
from the emergency and budget reserve fund shall include a declaration of
findings and purposes setting forth the purposes, the amounts, and the reasons
why the appropriations are necessary and shall require a two-thirds majority
vote of each house of the legislature.
(e) Appropriations for the following purposes
from the emergency and budget reserve fund are specifically prohibited:
(1) To meet expenses
of the legislature;
(2) To provide for
salary adjustments for officials appointed pursuant to article V, section 6 or
article VI, section 3 of the Hawaii constitution and for others whose salaries
are directly related to salaries of these officials; and
(3) To fund cost
items in any collective bargaining contract.
(f) The legislature shall not appropriate from
the emergency and budget reserve fund:
(1) More than fifty
per cent of the total balance of the fund in a fiscal year;
(2) In a fiscal year,
an amount that exceeds ten per cent of the total discretionary funds
appropriated by the legislature for the same fiscal year for which emergency
and budget reserve fund moneys are appropriated. For the purpose of this paragraph, "discretionary
funds" means the total amount of general fund moneys appropriated or
authorized by the legislature for expenditure during the fiscal year for
operating costs less nondiscretionary funds; where "nondiscretionary funds"
means the total amount of general fund moneys appropriated or authorized by the
legislature for expenditure during the same fiscal year for:
(A) Debt
service payments for general obligation bonds;
(B) Employer
contributions for pension and retirement benefits of state government employees;
(C) Employer
contributions for health insurance benefits of state government employees and state
government retirees;
(D) Medicaid
service costs, meaning the costs of services provided to low-income persons
under the medical assistance program established under chapter 346 and funded
in part under title XIX of the federal Social Security Act, as amended. "Medicaid service costs" does not
include the costs of management, administrative, or other overhead services
performed by the department of human services for medicaid; and
(E) Other
costs, including but not limited to payroll, lease costs for real property, and
equipment for the same fiscal year, as determined by the legislature; and
(3) Any amount for expenditure
in the succeeding fiscal year, unless the State has collected or is projected to
collect less general fund tax revenue in the current fiscal year compared to the
immediately preceding fiscal year."]
SECTION 252. The following funds (account code) are abolished:
(1) Departmental administration & budget div (S-316-O);
(2) CB cost items, bu11 (S-331-O);
(3) CB cost items, bu11 excluded (S-332-O);
(4) CB cost items, bu1, 10 (S-346-O);
(5) CB cost items, bu1, 10 excluded (S-351-O);
(6) Emerg & budget reserve fnd separate acct (S-354-O);
(7) Emergency * budget reserve fnd-cares act (S-358-O); and
(8) CB cost items, bu1, 10 - cip (S-416-O),
and the unencumbered balances shall lapse to the credit of the general fund.
PART XVI. DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT
SECTION 253. Section 26-5, Hawaii Revised Statutes, is amended to read as follows:
"§26-5 Department of human resources development. (a) The department of human resources development shall be headed by a single executive to be known as the director of human resources development.
(b) The department shall administer the state human resources program, including human resources development and training, and central human resources services such as recruitment, examination, classification, pay administration, and payment of any claims as required under chapter 386.
(c) There shall be within the department of human resources development a board to be known as the merit appeals board which shall sit as an appellate body on matters set forth in section 76-14. The board shall consist of three members. All members shall have knowledge of public employment laws and prior experience with public employment; provided that at least one member's experience was with an employee organization as a member or an employee of that organization and at least one member's experience was with management. The governor shall consider the names of qualified individuals submitted by employee organizations or management before appointing the members of the board. The chairperson of the board shall be designated as specified in the rules of the board.
(d) The provisions of section 26-34 shall not apply and the board members shall be appointed by the governor for four-year terms and may be re-appointed without limitation; provided that the initial appointments shall be for staggered terms, as determined by the governor. The governor shall fill any vacancy by appointing a new member for a four-year term. The governor may remove for cause any member after due notice and public hearing.
(e) Nothing in this section shall be construed as
in any manner affecting the civil service laws applicable to the several
counties, the judiciary, or the
(f) There is established within the department of human resources development an administrative assistant position exempt from chapter 76. The administrative assistant shall be appointed by and report to the director of human resources development.
The administrative assistant shall:
(1) Facilitate and expedite the hiring and recruitment for civil service positions under the jurisdiction of the department of human resources development; and
(2) Have the authority to reclassify and abolish vacant positions within state departments and agencies that are under the jurisdiction of the department of human resources development, subject to the following conditions:
(A) Prior to reclassifying or abolishing any vacant position as provided under this paragraph, the administrative assistant shall submit a report to the legislature no later than twenty days prior to each regular session. The report shall include a list of vacant positions for reclassification or abolishment, identify the agency each position is attached to, provide reasons for reclassifying or abolishing the position, and state the duration the position has been vacant; and
(B) The administrative assistant
may reclassify or abolish any vacant position as provided under this paragraph
no earlier than sixty days after the report has been submitted to the
legislature as provided under this paragraph.
[(g) There is established in the state treasury
the human resources development special fund, to be administered by the department
of human resources development, which shall consist of: all revenues received by the department as a
result of entrepreneurial efforts in securing new sources of funds not provided
for in the department's budget for services rendered by the department, all revenues
received by the department from the charging of participant fees for in-service
training that are in addition to general fund appropriations in the
department's budget for developing and operating in-service training programs,
appropriations made by the legislature to the fund, and moneys directed to the
department from any other source, including gifts, grants, and awards.
Moneys in the human resources
development special fund shall be used for the following purposes:
(1) Supporting the department's
entrepreneurial initiatives, training activities, and programs;
(2) Administrative
costs of the department's entrepreneurial initiatives, training activities, and
programs; and
(3) Any other
purpose deemed necessary by the director for the purpose of facilitating the
department's entrepreneurial initiatives, training activities, and programs.
(h)] (g) The department of human resources development
shall submit, no later than twenty days prior to the convening of each regular
session of the legislature beginning with the regular session of 2007, a report
of the number of exempt positions that were converted to civil service positions
during the previous twelve months. The
report shall include but not be limited to:
(1) When the position was established;
(2) The purpose of the position;
(3) Rationale for the conversion; and
(4) How many exempt positions remain in each state department after the conversions."
PART XVII. OFFICE OF THE GOVERNOR
SECTION 254. The governor's discretionary fund, account code S-350-Q, is abolished and any unencumbered funds shall lapse to the credit of the general fund.
PART XVIII. DEPARTMENT OF COMMERCE AND
CONSUMER AFFAIRS
SECTION 255. Section 26-9, Hawaii Revised Statutes, is amended by amending subsection (o) to read as follows:
"(o) Every person licensed under any chapter within
the jurisdiction of the department of commerce and consumer affairs and every
person licensed subject to chapter 485A or registered under chapter 467B shall
pay upon issuance of a license, permit, certificate, or registration a fee and
a subsequent annual fee to be determined by the director and adjusted from time
to time to ensure that the proceeds, together with all other fines, income, and
penalties collected under this section, do not surpass the annual operating
costs of conducting compliance resolution activities required under this
section. The fees may be collected biennially or pursuant to rules
adopted under chapter 91, and shall be deposited into the [special fund established
under this subsection.] general fund. Every filing pursuant to chapter 514E or
section 485A-202(a)(26) shall be assessed, upon initial filing and at each
renewal period in which a renewal is required, a fee that shall be prescribed by
rules adopted under chapter 91, and that shall be deposited into the [special
fund established under this subsection.] general fund. Any unpaid fee shall be paid by the licensed
person, upon application for renewal, restoration, reactivation, or reinstatement
of a license, and by the person responsible for the renewal, restoration, reactivation,
or reinstatement of a license, upon the application for renewal, restoration,
reactivation, or reinstatement of the license.
If the fees are not paid, the director may deny renewal, restoration, reactivation,
or reinstatement of the license. The
director may establish, increase, decrease, or repeal the fees when necessary
pursuant to rules adopted under chapter 91.
The director may also increase or decrease the fees pursuant to section
92-28.
[There is created in the state treasury a special fund to be
known as the compliance resolution fund to be
expended by the director's designated representatives as provided by this subsection. Notwithstanding any law to the contrary, all
revenues, fees, and fines collected by the department shall be deposited into
the compliance resolution fund.
Unencumbered balances existing on June 30, 1999, in the cable television
fund under chapter 440G, the division of consumer advocacy fund under chapter
269, the financial institution examiners' revolving fund, section 412:2-109, the
special handling fund, section 414‑13, and unencumbered balances existing
on June 30, 2002, in the insurance regulation fund, section 431:2-215, shall be
deposited into the compliance resolution fund.
This provision shall not apply to the drivers education fund
underwriters fee, sections 431:10C-115 and 431:10G-107, insurance premium taxes
and revenues, revenues of the workers' compensation special compensation fund,
section 386-151, the captive insurance administrative fund, section 431:19-101.8,
the insurance commissioner's education and training fund, section 431:2-214,
the medical malpractice patients' compensation fund as administered under
section 5 of Act 232, Session Laws of Hawaii 1984, and fees collected for
deposit in the office of consumer protection restitution fund, section 487-14,
the real estate appraisers fund, section 466K-1, the real estate recovery fund,
section 467-16, the real estate education fund, section 467-19, the contractors
recovery fund, section 444-26, the contractors education fund, section 444-29,
the condominium education trust fund, section 514B-71, and the mortgage
foreclosure dispute resolution special fund, section 667-86.] Any law to the
contrary notwithstanding, the director may [use the moneys in the fund to]
employ, without regard to chapter 76, hearings officers and attorneys. All other employees may be employed in
accordance with chapter 76. [Any law
to the contrary notwithstanding, the moneys in the fund shall be used to fund
the operations of the department. The
moneys in the fund may be used to train personnel as the director deems
necessary and for any other activity related to compliance resolution.
A separate special subaccount of
the compliance resolution fund, to be known as the post-secondary education
authorization special subaccount, shall be established for fees collected by
the department of commerce and consumer affairs pursuant to chapter 305J. The special subaccount shall be governed by
section 305J-19.]
As used in this subsection, unless otherwise required by
the context, "compliance resolution"
means a determination of whether:
(1) Any licensee or applicant under any chapter subject to the jurisdiction of the department of commerce and consumer affairs has complied with that chapter;
(2) Any person subject to chapter 485A has complied with that chapter;
(3) Any person submitting any filing required by chapter 514E or section 485A-202(a)(26) has complied with chapter 514E or section 485A-202(a)(26);
(4) Any person has complied with the prohibitions against unfair and deceptive acts or practices in trade or commerce; or
(5) Any person subject to chapter 467B has complied with that chapter;
and
includes work involved in or supporting the above functions, licensing, or
registration of individuals or companies regulated by the department, consumer
protection, and other activities of the department.
[The director shall prepare
and submit an annual report to the governor and the legislature on the use of
the compliance resolution fund. The report
shall describe expenditures made from the fund including non-payroll operating
expenses.]"
SECTION 256. Section 302A-417, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The department may establish the requirements
for the position of traffic safety education specialist and may employ at least
one traffic safety education specialist for the purposes of this section. [The traffic safety education specialist
may be paid out of fees allocated to the director of commerce and consumer
affairs from the special drivers education fund account pursuant to section
431:10C-115.]"
SECTION 257. Section 305J-6, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) In administering its responsibilities, the
department may assess fees sufficient to provide for the self-sufficiency of
the program [pursuant to section 26-9(o)]."
SECTION 258. Section 412:2-109, Hawaii Revised Statutes, is amended to read as follows:
"§412:2-109 Compliance resolution
[fund]; financial institution examiners. (a)
Any law to the contrary notwithstanding, fees and fines collected by the
commissioner of financial institutions shall be deposited into the [compliance
resolution fund established pursuant to section 26-9(o).] general fund.
(b)
The commissioner may appoint financial institution examiners, in accordance
with chapter 76, who shall examine the affairs, transactions, accounts, records,
documents, and assets of financial institutions. The commissioner also may appoint administrative
support personnel, in accordance with chapter 76, who shall assist and support
the examiners. [The commissioner may
pay the salaries of the financial institution examiners and administrative
support personnel from the compliance resolution fund.]
(c)
[The compliance resolution fund also may be used to] Subject to
legislative appropriation, the commissioner may reimburse financial institution
examiners and administrative support personnel for the following expenses
necessarily incurred on account of an examination and the education and
training of financial institution examiners and administrative support
personnel:
(1) Actual travel expenses in amounts customary for these expenses and approved by the commissioner;
(2) A reasonable living expense allowance at a rate customary for these expenses and approved by the commissioner; and
(3) Any fee or tuition necessary to attend educational and training conferences, workshops, seminars, and any similar events of this nature.
(d)
[The compliance resolution fund also may be used] Subject to legislative
appropriation, commissioner may expend funds for other expenses relating to
examinations of financial institutions and administrative costs, including
personnel costs of the division and costs incurred by supporting offices and
divisions.
(e)
All persons receiving any reimbursement or compensation [from the compliance
resolution fund] approved by the commissioner shall submit to the commissioner
for approval a detailed account of all expenses and compensation necessarily incurred. Persons shall not receive or accept any
additional compensation on account of an examination. In the case of an examination, any reimbursement
or compensation [made by the fund and] approved by the commissioner
shall be charged to the financial institution being examined by the
commissioner and all receipts shall be credited to the general fund.
[(f) Moneys in the compliance resolution fund shall
not revert to the general fund.]"
SECTION 259. Section 431:2-215, Hawaii Revised Statutes, is amended by amending its title and subsections (a), (b), (c), and (d) to read as follows:
"§431:2-215 Deposits [to
compliance resolution fund]. (a) All
assessments, fees, fines, penalties, and reimbursements collected by or on
behalf of the insurance division under title 24, except for the commissioner's
education and training fund (section 431:2-214), and the patients'
compensation fund (Act 232, Session Laws of Hawaii 1984), [the drivers
education fund underwriters fee (sections 431:10C-115 and 431:10G-107), and the
captive insurance administrative fund (section 431:19-101.8) to the extent
provided by section 431:19-101.8(b),] shall be deposited into the [compliance
resolution fund under section 26-9(o). All
sums transferred from the insurance division into the compliance resolution
fund may be expended by the commissioner to carry out the commissioner's duties
and obligations under title 24.
(b) Sums from the compliance resolution fund
expended by the commissioner shall be used to defray any administrative costs,
including personnel costs, associated with the programs of the division, and
costs incurred by supporting offices and divisions.] general fund.
(b)
Any law to the contrary notwithstanding,
the commissioner may [use the moneys in the fund to] employ or retain,
by contract or otherwise, without regard to chapter 76, hearings officers,
attorneys, investigators, accountants, examiners, and other necessary professional,
technical, administrative, and support personnel to implement and carry out the
purposes of title 24; provided that any position, except any attorney position,
that was subject to chapter 76 prior to July 1, 1999, shall remain subject to
chapter 76.
[(c) Moneys deposited by the commissioner in the fund
shall not revert to the general fund.
(d)]
(c) The amount or amounts to be
assessed for each line or type of insurance or entity regulated under title 24
shall be determined and assessed as provided below:
(1) The insurers or entities regulated under title
24 shall be provided at least sixty days notice of when their respective
assessments are due;
(2) The total amount or amounts to be assessed of
insurers or entities regulated under title 24 in all lines or types of
insurance shall be calculated based on the commissioner's proposed fiscal year
budget, less funds in the insurance regulation sub-account of the compliance
resolution fund on June 30 of the fiscal year immediately preceding the fiscal
year of the proposed budget and less the commissioner's anticipated revenues;
(3) The assessments by line or type shall bear a
reasonable relationship to the costs of regulating the line or type of insurance,
including any administrative costs of the division; and
(4) The sum total of all assessments made and
collected shall not exceed the special fund ceiling or ceilings related to the
fund that are established by the legislature; provided that the total assessments
for all lines or types of insurance in any one fiscal year shall not exceed $5,000,000."
SECTION 260. Section 431:2-216, Hawaii Revised Statutes, is amended to read as follows:
"§431:2-216 Assessments of health
insurers. (a) Each mutual benefit society under article 1 of
chapter 432, health maintenance organization under chapter 432D, and any other
entity offering or providing health benefits or services under the regulation of
the commissioner, except an insurer licensed to offer accident and health or
sickness insurance under article 10A, shall deposit with the commissioner by
July 1 of each year an assessment of $10,000 for the first seventy thousand
private, nongovernment members the entity covers and an additional assessment
on a pro rata basis to be determined and imposed by the commissioner for
covered members exceeding seventy thousand; provided that in the third year and
each year thereafter, assessments shall be borne on a pro rata basis. The aggregate annual assessment shall not
exceed $1,000,000. This assessment shall
be credited to the [compliance resolution] general fund. If assessments are increased, the commissioner
shall provide to any organization or entity subject to the increased assessment,
justification for the increase.
(b) The assessments shall be used to defray any administrative costs, including personnel costs, associated with the programs of the division, and costs incurred by supporting offices and divisions. Any law to the contrary notwithstanding, the commissioner may use the moneys from assessments to employ or retain, by contract or otherwise, without regard to chapter 76, hearings officers, attorneys, investigators, accountants, examiners, and other necessary professional, technical, administrative, and support personnel to implement and carry out the purposes of title 24 as it relates to accident and health or sickness insurance; provided that any position, except any attorney position, that was subject to chapter 76 prior to July 1, 1999, shall remain subject to chapter 76.
[(c) Moneys credited to the compliance resolution
fund that are not used for insurance regulation, general administration
purposes, or as otherwise allowed pursuant to section 26-9(o) shall not revert
to the general fund nor shall be used for other purposes.
(d)] (c) The commissioner may suspend any assessment
made against any mutual benefit society under article 1 of chapter 432, health
maintenance organization under chapter 432D, and any other entity offering or
providing health benefits or services under the regulation of the commissioner
if the commissioner determines that the entity may reach insolvency or other financial
difficulty if the assessment is made against the entity."
SECTION 261. Section 431:3-221, Hawaii Revised Statutes, is amended to read as follows:
"§431:3-221 Power to fine. In
addition to or in lieu of the suspension, revocation, or refusal to extend any
certificate of authority, the commissioner, after hearing, may levy a fine upon
the insurer in an amount not less than $500 and not more than $50,000. The order levying the fine shall specify the
period within which the fine shall be fully paid, which shall not be less than
thirty nor more than forty-five days from the date of the order. Upon failure to pay the fine when due, the
commissioner shall revoke the insurer's certificate of authority if not already
revoked, and the fine shall be recovered in a civil action brought on behalf of
the commissioner by the attorney general.
Any fine so collected shall be [paid by the commissioner to the director
of finance for the account of the compliance resolution] deposited into the
general fund."
SECTION 262. Section 431:9-238, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) Any fine collected shall be [paid by the
commissioner to the director of finance for the account of the compliance
resolution fund.] deposited into the general fund."
SECTION 263. Section 431:9A-126, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Any fine collected shall be [paid by the
commissioner to the director of finance for the account of the compliance
resolution fund.] deposited into the general fund."
SECTION 264. Section 431:10C-115, Hawaii Revised Statutes, is amended to read as follows:
"§431:10C-115 Drivers education fund underwriters fee. (a) The commissioner shall assess and levy upon each insurer, and self-insurer, a drivers education fund underwriters fee of $3 a year on each motor vehicle insured by each insurer or self-insurer. This fee is due and payable on an annual basis by means and at a time to be determined by the commissioner.
(b)
The commissioner shall deposit the fees into [a special drivers
education fund account.
(c) The commissioner shall allocate the fees
deposited for each fiscal year in the following manner:
(1) $1 per
registration to the commissioner to be expended for the operation of the drivers
education program provided in section 286-128(d); and
(2) $2 per registration
to the director of commerce and consumer affairs for:
(A) The
drivers education program administered by the department of education for high school
students; and
(B) The
traffic safety education program established and administered by the department
of education pursuant to section 302A-417.
(d)] the general fund.
(c) Motor vehicles insured under the joint underwriting plan shall be excluded from the drivers education fund assessment.
[(e)] (d) The commissioner shall adopt rules in accordance
with chapter 91 for the execution of this section [and the distribution of
this fund]."
SECTION 265. Section 431:10G-107, Hawaii Revised Statutes, is amended to read as follows:
"§431:10G-107 Drivers education
fund underwriters fee[; motorcycle and motor scooter operators education fund].
[(a)] The commissioner shall assess and levy upon
each insurer, and self-insurer, a drivers education fund underwriters fee of $2
a year on each motorcycle or motor scooter insured by each insurer or
self-insurer. This fee shall be due and
payable on an annual basis by means and at a time to be determined by the
commissioner.
[(b) There is created in the treasury of the State
a special fund to be known as the motorcycle and motor scooter operators
education fund.] The commissioner shall
deposit the fees collected under this section into the [motorcycle and motor
scooter operators education fund.
(c) The fees deposited for each fiscal year into
the motorcycle and motor scooter operators education fund, when appropriated,
shall be available to the department of transportation for the administration
of a drivers education program for operators of motorcycles or motor
scooters. The department of transportation
may spend the amount collected from these fees for the purposes of this section.]
general fund."
SECTION 266. Section 440E-7, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) In addition to the
payment of other fees and moneys due under this chapter, a licensed promoter
shall pay:
(1) An
event fee of two per cent of the total gross receipts from admission fees to an
event, exclusive of federal, state, and local taxes; and
(2) The
lesser of $50,000 or two per cent of the gross receipts from fees charged for
viewing a simultaneous or pay per view telecast of a contest or event,
exclusive of federal, state, and local taxes.
Payments under this subsection shall be
deposited into [a separate account in the compliance resolution fund and
shall be used to cover the costs of administering this chapter.] the general
fund."
SECTION 267. Section 454F-23, Hawaii Revised Statutes, is amended to read as follows:
"§454F-23 Payment of fees. All fees collected pursuant to section
454F-22, administrative fines, and other charges collected pursuant to this chapter,
except fees designated for deposit into the mortgage loan recovery fund shall be
deposited into the [compliance resolution fund established pursuant to
section 26-9(o)] general fund and shall be payable through NMLS, to
the extent allowed by NMLS. Fees not eligible
for payment through NMLS shall be deposited into [a separate account within
the compliance resolution fund for use by the division.] the general fund."
SECTION 268. Section 454M-11, Hawaii Revised Statutes, is amended to read as follows:
"[[]§454M-11[] Compliance
resolution fund.] Fees and fines collected. Any law to the contrary notwithstanding, fees
and fines collected by the commissioner shall be deposited into the [compliance
resolution fund established pursuant to section 26-9(o).] general fund."
SECTION 269. Section 457-9.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§457-9.5[]]
Center for nursing fee. [[](a)[]] Upon the issuance of a new license and at each
license renewal period, each nurse shall pay an additional fee of $40, which
shall be deposited [in a separate account in the compliance resolution fund
established pursuant to section 26-9(o).] into the general fund.
[[](b)[] The] On a quarterly basis, the director
of commerce and consumer affairs shall disburse [on a quarterly basis from the
compliance resolution fund, established pursuant to section 26-9(o),] funds
to the credit of the center for nursing
special fund [all moneys deposited in the separate account established pursuant
to [this section].] that have been appropriated for that purpose."
SECTION 270. Section 465D-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Upon issuance of a new license and at each
license renewal period, each behavior analyst shall pay, in addition to a license
fee or renewal fee, a surcharge of $50[, which shall be maintained in a
separate account within the compliance resolution fund established pursuant to
section 26-9(o). At the end of each
quarter, the moneys contained in the separate account established pursuant to
this section shall be transferred to the compliance resolution fund until such]
until a time that the total [transferred] surcharge
amounts equal the amount appropriated in section 5 of Act 199, Session Laws of
Hawaii 2015. Thereafter, no surcharge
shall be assessed, and any funds in excess of the amount appropriated in section
5 of Act 199, Session Laws of Hawaii 2015, shall be deposited into the [compliance
resolution] general fund."
SECTION 271. Section 667-86, Hawaii Revised Statutes, is amended to read as follows:
"§667-86 Mortgage foreclosure dispute [resolution special
fund.] program revenues; land court affidavit fee; bureau of conveyances
fee. (a) [There is established in the state
treasury a special fund to be known as the mortgage foreclosure dispute
resolution special fund to be administered by the department to implement and
operate the mortgage foreclosure dispute resolution program established by this
part.] Moneys collected as fees or
fines under sections 454M-10, 667-76, 667‑78, 667-79, and 667-53, for the
mortgage dispute resolution program and contributions from the sources
identified under subsection (b) shall be deposited in the general fund. [Interest earned from the balance of the fund
shall become a part of the fund.]
(b) All persons who record an affidavit in the office
of the assistant registrar of the land court, pursuant to section 501-118, or
who record a conveyance document in the bureau of conveyances for an owner-occupied
property subject to a nonjudicial power of sale foreclosure shall pay a fee of
$100, which shall be deposited into the [mortgage foreclosure dispute resolution
special fund on a quarterly basis.] general fund."
SECTION 272. Section 706-643, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) All fines and other
final payments received by a clerk or other officer of a court shall be
accounted for, with the names of persons making payment, and the amount and
date thereof, being recorded. All [such]
funds shall be deposited with the director of finance to the credit of the
general fund of the State. With respect
to fines and bail forfeitures that are proceeds of the wildlife revolving fund
under section 183D-10.5, [and fines that are proceeds of the compliance
resolution fund under sections 26-9(o) and 431:2-410,] the director of
finance shall transmit the fines and forfeitures to [the respective funds.]
that fund."
SECTION 273. Section 269-33, Hawaii Revised Statutes, is amended repealed.
["§269-33 Public utilities commission special fund.
(a) There is established in
the state treasury a public utilities commission special fund to be
administered by the public utilities commission. The proceeds of the fund shall be used by the
public utilities commission and the division of consumer advocacy of the
department of commerce and consumer affairs for all expenses incurred in the
administration of chapters 269, 271, 271G, 269E, and 486J, and for costs incurred
by the department of commerce and consumer affairs to fulfill the department's
limited oversight and administrative support functions; provided that the
expenditures of the public utilities commission shall be in accordance with legislative
appropriations. On a quarterly basis, an
amount not exceeding thirty per cent of the proceeds remaining in the fund
after the deduction for central service expenses, pursuant to section 36-27,
shall be allocated by the public utilities commission to the division of consumer
advocacy and deposited in the compliance resolution fund established pursuant
to section 26-9(o); provided that all moneys allocated by the public utilities
commission from the fund to the division of consumer advocacy shall be in
accordance with legislative appropriations.
(b)
All moneys appropriated to, received, and collected by the public
utilities commission that are not otherwise pledged, obligated, or required by
law to be placed in any other special fund or expended for any other purpose shall
be deposited into the public utilities commission special fund including, but
not limited to, all moneys received and collected by the public utilities
commission pursuant to sections 92-21, 269-28, 269-30, 271-27, 271-36, 271G-19,
269E-6, 269E-14, and 607-5.
(c) The public utilities commission shall submit
an update as part of its annual report submitted pursuant to section 269-5
detailing all funds received and all moneys disbursed out of the fund.
(d)
All moneys in excess of $1,000,000 remaining on balance in the public utilities
commission special fund on June 30 of each year shall lapse to the credit
of the state general fund."]
SECTION 274. Section 305J-19, Hawaii Revised Statutes, is repealed.
["[§305J-19] Post-secondary
education authorization special subaccount. (a)
All moneys collected pursuant to section 305J-18 shall be deposited into
the post-secondary education authorization special subaccount of the compliance
resolution fund established pursuant to section 26-9(o).
(b) Any law to the contrary
notwithstanding, the moneys in the special subaccount shall be used to fund the
operations of the department to carry out its duties under this chapter. Any law to the
contrary notwithstanding, the director may use the moneys in the special subaccount
to employ personnel to carry out the department's duties under this chapter. The moneys in the special subaccount may be
used to train personnel as the director deems necessary and for any other activity
related to this chapter."]
SECTION 275. Section 431:19-101.8, Hawaii Revised Statutes, is repealed.
["§431:19-101.8 Captive
insurance administrative fund.
(a) The commissioner may
establish a separate fund designated as the captive insurance administrative
fund to be expended by the commissioner to carry out the commissioner's duties
and obligations under this article.
(b) All moneys collected pursuant to this article,
including premium taxes from captive insurance companies licensed in this State
under this article, all captive insurance company application fees, annual license
fees, and examination fees, shall be credited to the captive insurance administrative
fund.
(c) Up to ten per cent of the total moneys
credited to the fund in the prior fiscal year may be used for purposes of
promoting Hawaii as a captive insurance domicile. Disbursements for promotional activities from
the fund shall be subject to the approval of the director of commerce and
consumer affairs.
(d) Sums from the fund expended by the commissioner
shall be used to defray any administrative costs, including personnel costs
associated with the captive programs of the insurance division, and costs
incurred by supporting offices, branches, divisions, and departments. Notwithstanding any law to the contrary, the
commissioner may use the moneys in the fund to employ or retain, by contract or
otherwise and without regard to chapter 76, hearings officers, attorneys,
investigators, accountants, examiners, and other necessary professional,
technical, and support personnel to implement and carry out the purposes of this
article; provided that any position, except any attorney position, that is
subject to chapter 76 prior to July 1, 1999, shall remain subject to chapter
76.
(e) Moneys deposited by the commissioner in the
fund shall not revert to the general fund."]
SECTION
276. Sections 26-9(l)(3), 92-24(4), 103D‑709(f)(2),
241-7, 305J-18(c), 412:2-105
, 412:2-105.2, 412:2-315(d),
412:2-611, 414D-5(b), 431:2-203(f), 431:2‑306(b)(1), 431:2-307.5, 431:2-402(g), 431:2-410, 431:3‑306.5(c), 431:3D-109, 431:3G-108, 431:7-101(e), 431:7‑203(a), 431:10C-215(c), 431:11-111(a), 431:15-334(d)(1), 431:15-335(b), 431K-9, 431K-10, 432:1-108(c), 432:2-108(c), 432:2-703(e), 432D-13(c), 432D-17(c), 432E-11(d), 432E-33(a)(4), 432G-4(c), 432G-11(c),
432G-12(c), 432G-15(a), 436B-15, 436B‑26.5(b), 437D-8.4(a), 438-11(d), 439-14(b), 440-13(a), 440E-9, 440E-24, 440G-15(a), 442-18(a), 444-23.5(m), 447-1(a), 449-1.9(6), 449-14, 452-17, 454F-18(b)(8), 454M-10, 457J-7(c), 466-8(g),
466D-6(a), 467-11(a),
467-30(b)(3), 468L-27(c), 481Z‑9, 481Z-17, 482-2(c), 482-36, 482P-4.5(c), 489D-12.5, 489D‑34(10), 514B-62, 667-53(a)(6), and
667-76, Hawaii Revised Statutes, are amended by substituting the words "general
fund" wherever the words "compliance resolution fund",
"state compliance resolution
fund", "compliance
resolution fund under subsection (o)", "special fund established under section 26‑9(o)",
"compliance resolution fund
established by section 26‑9(o)", "compliance resolution fund
established under section 26-9(o)", "compliance resolution fund established pursuant to
section 26-9(o)", "compliance resolution fund as established pursuant to section 26-9(o)",
"post-secondary
education authorization subaccount established pursuant to section 26‑9(o)",
"mortgage
foreclosure dispute resolution special fund established pursuant to section 667-86",
"mortgage foreclosure dispute
resolution special fund established under section 667‑86", or
similar term appears, as the context requires.
SECTION 277. Sections 436B-14, 436B-20, 442-11, 444-15(a), 457-9(b), 463-10(b), and 467-11(c), Hawaii Revised Statutes, are amended by substituting the words "compliance resolution fees" wherever the words "compliance resolution fund fees" appear, as the context requires.
SECTION 278. Sections 437-7(f), 437-23(c), 443B-3.5(c), 463-10.5(g), and 466L-27(a), Hawaii Revised Statutes, are amended by substituting the words "compliance resolution fee" wherever the words "compliance resolution fund fee" appear, as the context requires.
SECTION
279. The following funds (account code) are
abolished:
(1) Puc spcl fd allocation-consumer advocacy (S-303-R);
(2) Compliance resoln fd-prof/voc/pers svs (S-305-R);
(3) Compliance resoln fd-bus regist sub (S-306-R);
(4) Compliance resoln fd-business regist fee (S-306-R);
(5) Driver education fund underwriter's fee (S-309-R);
(6) General support-protection of the consum (S-310-R);
(7) Regulated industries complaints office(S-312-R);
(8) Insurance regulation fund (S-313-R);
(9) Mtg foreclosure dispute resolution fund (S-316-R);
(10) Captive insurance administrative fund (S-317-R);
(11) Public utilities commission special fund (S-339-R);
(12) Compliance resoln fd-bus regist sub (S-343-R);
(13) Public utilities commission special fund (S-344-R);
(14) Public utilities commission special fund (S-345-R);
(15) Electric vehicle charging sys rebate pgm (S-351-R);
(16) Licensure of midwives (S-364-R); and
(17) Protocol funds for executive heads (S-398-R),
and the unencumbered balances shall lapse to the credit of the general fund.
PART XIX. DEPARTMENT OF TAXATION
SECTION 280. Section 235-20.5, Hawaii Revised Statutes, is repealed.
["§235-20.5 Tax
administration special fund; established.
(a) There is established a tax administration
special fund, into which shall be deposited:
(1) Fees collected under sections 235-20 and 235-110.9;
(2) Revenues collected by the special enforcement section
pursuant to section 231-85; provided that in each fiscal year, of the total revenues
collected by the special enforcement section, all revenues in excess of $2,000,000
shall be deposited into the general fund; and
(3) Fines assessed pursuant to section 237D-4.
(b) The moneys in the fund shall be used for the
following purposes:
(1) Issuing comfort letters, letter rulings, written opinions,
and other guidance to taxpayers;
(2) Issuing
certificates under [section] 235-110.9;
(3) Administering
the operations of the special enforcement section;
(4) Funding
support staff positions in the special enforcement section; and
(5) Developing,
implementing, and providing taxpayer education programs, including tax
publications."]
SECTION 281. Section 245-41.5, Hawaii Revised Statutes, is repealed.
["[§245-41.5] Cigarette tax
stamp administrative special fund.
(a) There is established in the
state treasury the cigarette tax stamp administrative special fund, into which
shall be deposited the allocated portion of the stamp fee designated to pay for
the cost to the State of providing the stamps as provided by section 245-26.
(b) Moneys in the cigarette tax stamp administrative
special fund shall be administered by the department of taxation and shall be
used:
(1) To provide the
stamps and administer the cigarette tax stamp provisions as provided in chapter
245; and
(2) For any other
requirements deemed necessary to carry out the purposes of chapter 245."]
SECTION 282. Sections 231-85, 231-91(c), 235-20, and 235‑110.9(f), Hawaii Revised Statutes, are amended by substituting the words "general fund", or similar term, whenever the words "tax administration special fund" or "tax administration special fund established under section 235-20.5" or similar term, appears, as the context requires.
PART XX. DEPARTMENT OF PUBLIC SAFETY
SECTION 283. Section 351-61, Hawaii Revised Statutes, is amended to read as follows:
"§351-61 Terms of order. Except as otherwise provided in this chapter,
any order for the payment of compensation under this chapter may be made on
such terms as the commission deems appropriate.
Without limiting the generality of the preceding sentence, the order may
provide for apportionment of the compensation, for the holding of the
compensation or any part thereof in trust, for the payment of the compensation
in a lump sum or periodic installments, and for the payment of compensation for
hospital, medical, funeral, or burial expenses directly to the person who has
provided such services. All such orders
shall contain words clearly informing the claimant that all awards and orders
for payments under this chapter are subject to the making of an appropriation by
the legislature to pay the claim[, except as otherwise provided in section
351-62.5]."
SECTION 284. Section 351-62.5, Hawaii Revised Statutes, is amended to read as follows:
"§351-62.5 [Crime victim compensation
special fund; when] When payments authorized. [(a)
There is established a crime victim compensation special fund from which
the commission may make payments as provided in subsection (b). The fund shall be administered by the director
of public safety for purposes of this chapter.
Interest and investment earnings credited to the assets of the fund
shall become part of the fund. Any
balance remaining in the fund at the end of any fiscal year shall be carried
forward for the next fiscal year.
(b)] (a) Where the commission has made an award pursuant
to this chapter, the commission shall make the payments to or on behalf of the
victim or one or more of the dependents of a deceased victim, or to or for the
benefit of other persons who have suffered pecuniary loss or incurred expenses
on account of hospital, medical, funeral, or burial expenses as a result of the
victim's injury or death. Victims or
dependents entitled to receive awards shall be notified of the option to have
payments made on their behalf to other designated persons. Payments made pursuant to this section shall
not exceed the total amount of the award.
[(c) The amount appropriated under section 351-70
shall be redeposited into the fund and applied to other payments as authorized by
the commission.
(d)] (b) Funds received pursuant to section
354D-12(b)(1) and amounts received pursuant to sections 351-35, 351-62.6, 351‑63,
706-605, and 853-1 shall be deposited into the [crime victim compensation
special] general fund. [Moneys
received shall be used for compensation payments, operating expenses, salaries
of positions as authorized by the legislature, and collection of fees.] The commission may enter into memorandums of
agreement with the judiciary for the collection of fees by the judiciary[; provided
that no funds shall be deposited by the judiciary into the crime victim compensation
special fund until collected]."
SECTION 285. Section 351-70, Hawaii Revised Statutes, is amended to read as follows:
"§351-70 Annual report. The commission shall transmit annually to the
governor and to the director of public safety, at least thirty days prior to
the convening of the legislature a report of its activities under this chapter
including a brief description of the facts in each case, and the amount, if
any, of compensation awarded, and the names of attorneys and health care
providers where they are the applicants.
The director of public safety [shall], within five days after the
opening of the legislative session, shall transmit the report, together
with a tabulation of the total amount of compensation awarded during the prior
fiscal year and an estimate of the amount that is reasonably estimated to be
required for the next fiscal year, and a legislative bill to appropriate funds
for the [crime victim compensation special fund] the purposes of this
chapter for the next fiscal year. The
commission shall provide, upon request of the governor, the director of
public safety, or the legislature, the relevant data, including the names of
all applicants for compensation, under this chapter."
SECTION 286. Section 353-136, Hawaii Revised Statutes, is amended to read as follows:
"[[]§353-136[]] Automated victim information and notification
system [special fund; authorization of payment.] funding; commissary surcharge; telephone service
agreement proceeds. [(a) There is established a special fund to be
known as the automated victim information and notification system special fund,
to be administered by the department. Interest
and investment earnings credited to the assets of the fund shall become part of
the fund. Any remaining balance in the
fund at the end of any fiscal year shall be carried over to the next fiscal
year.
(b)] For the purpose of offsetting
the costs associated with the automated victim information and notification
system:
(1) Any
item purchased by an in-state or out-of-state inmate from a correctional
facility commissary shall be subject to a four per cent surcharge on the item's
price. The proceeds from the surcharge
shall be deposited into the [automated victim information and notification
system special fund.] general fund; and
[(c)] (2) All proceeds or revenues that are
derived from any commission that is realized pursuant to a telephone service agreement
executed by the department for the provision of telephone services for inmates
shall be deposited into the [automated victim information and notification
system special fund.] general fund.
[(d) Moneys received pursuant to subsections (b) and
(c) shall be used for the development and operating expenses, including
salaries and benefits of positions as authorized by the legislature, of the
system.
(e) The sum total of all moneys expended for development
and operating expenses, including salaries and benefits of positions as authorized
by the legislature, shall not exceed the special fund ceiling related to the fund
established by the legislature; provided that the total moneys expended for
these purposes shall not exceed $600,000 in any one fiscal year.
(f) Federal funds shall not be transferred to, or
deposited into, the automated victim information and notification system special
fund.]"
SECTION 287. Section 353C-7, Hawaii Revised Statutes, is repealed.
["§353C-7 Federal reimbursement
maximization special fund. (a) There is established in the state treasury
the federal reimbursement maximization special fund, into which shall be
deposited all federal reimbursements received by the department relating to the
State Criminal Alien Assistance Program.
Unless otherwise provided by law, all other receipts shall immediately
be deposited to the credit of the general fund of the State.
(b)
Moneys in the federal reimbursement maximization special fund shall be used
by the department for the following purposes:
(1) To meet the state
match requirement for federal grants and costs associated with federal grant
reporting requirements, including administrative expenses such as the hiring of
temporary staff;
(2) For any other
purpose deemed necessary by the department for maintaining existing federal grants
as well as pursuing federal grants;
(3) To hire consultants
to provide training for corrections officers;
(4) To hire
consultants to conduct facility or program evaluations;
(5) To rent or
purchase vehicles to transport inmates;
(6) To provide pre-release
and reentry programs;
(7) To improve
technology; and
(8) To recruit and
retain corrections workforce.
(c) The department shall prepare and submit an
annual report on the status of the federal reimbursement maximization special
fund to the legislature no later than twenty days before the convening of each
regular session. The annual report shall
include but not be limited to a description of the use of the funds."]
SECTION 288. Sections
351-62.6(a), 351-64.5(b),
351‑84(b), and 354D-12(b)(1), Hawaii Revised Statutes, are amended by substituting
the words "general fund" wherever the words "crime victim compensation special fund under
section 351-62.5" or "crime victim compensation special fund" appear
as the context requires.
PART XXI. OFFICE OF HAWAIIAN AFFAIRS
SECTION 289. The following funds (account code) are abolished:
(1) Wao kele o puna fund (S-315-z1);
(2) Hawaiian projects fund (S-320-z1); and
(3) Native Hawaiian rights fund (S-331-z1),
and the unencumbered balances shall lapse to the credit of the general fund.
PART XXII. DEPARTMENT OF TRANSPORTATION
SECTION 290. The following funds (account code) are abolished:
(1) ; and
(2) ,
and the unencumbered balances shall lapse to the credit of the general fund.
PART XXIII. MISCELLANEOUS SECTIONS AMENDED BY MULTIPLE PARTS
SECTION 291. 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 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)] (1) School cafeteria special funds of the
department of education;
[(3)] (2) Special funds of the University of Hawaii;
[(4)] (3) State educational facilities improvement special
fund;
[(5) Convention
center enterprise special fund under section 201B-8;
(6)] (4) Special funds established by section 206E-6;
[(7)] (5) Aloha Tower fund created by section 206J-17;
[(8)] (6) Funds of the employees' retirement system
created by section 88-109;
[(9)] (7) Hawaii hurricane relief fund established
under chapter 431P;
[(10)] (8) Hawaii health systems corporation special
funds and the subaccounts of its regional system boards;
[(11)] (9) Tourism special fund established under section
201B-11;
[(12)] (10) Universal service fund established under
section 269-42;
[(13) Emergency
and budget reserve fund under section 328L-3;
(14)] (11) 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)]] (12)
Glass advance disposal fee established by section 342G-82;
[[(18)] Center
for nursing special fund under section 304A-2163;
[(19)]] (13)
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)]] (14) 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)]] (15)
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)]] (16) Hospital sustainability program special fund
under [[]section 346G-4[]];
[[(32)]] (17)
Nursing facility sustainability program
special fund under [[]section 346F-4[]];
[[(33)]] (18) Hawaii 3R's school improvement
fund under section 302A-1502.4; and
[[(34)]] (19) 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 292. 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)] (1) School cafeteria special funds of the
department of education;
[(3)] (2) Special funds of the University of
Hawaii;
[(4)] (3) State educational facilities improvement
special fund;
[(5)] (4) Special funds established by section
206E-6;
[(6)] (5) Aloha Tower fund created by section
206J-17;
[(7)] (6) Funds of the employees' retirement
system created by section 88-109;
[(8)] (7) Hawaii hurricane relief fund established
under chapter 431P;
[(9) Convention center
enterprise special fund established under section 201B-8;
(10)] (8) Hawaii health systems corporation
special funds and the subaccounts of its regional system boards;
[(11)] (9) Tourism special fund established under
section 201B-11;
[(12)] (10) Universal service fund established
under section 269-42;
[(13) Emergency and
budget reserve fund under section 328L-3;
(14)] (11) 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)]] (12) Passenger
facility charge special fund established by section 261-5.5;
[[(19)]] (13)
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)]] (14)
Rental motor vehicle customer facility
charge special fund established under section 261-5.6;
[[(25)]] (15) Shared services
technology special fund under section 27-43;
[[(26)]] (16) Nursing facility
sustainability program special fund established pursuant to [[]section 346F-4[]]; and
[[(27)] Automated
victim information and notification system special fund established under
section 353-136;
[(28)]] (17) Hospital
sustainability program special fund under [[]section
346G-4[]; and
[(29)] 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 293. Section 235-102.5, Hawaii Revised Statutes, is amended to read as follows:
"§235-102.5 Income check-off authorized. (a) Any individual whose state income tax liability for any taxable year is $3 or more may designate $3 of the liability to be paid over to the Hawaii election campaign fund, any other law to the contrary notwithstanding, when submitting a state income tax return to the department. In the case of a joint return of a husband and wife having a state income tax liability of $6 or more, each spouse may designate that $3 be paid to the fund. The director of taxation shall revise the individual state income tax form to allow the designation of contributions to the fund on the face of the tax return and immediately above the signature lines. An explanation shall be included which clearly states that the check-off does not constitute an additional tax liability. If no designation was made on the original tax return when filed, a designation may be made by the individual on an amended return filed within twenty months and ten days after the due date for the original return for such taxable year. A designation once made whether by an original or amended return may not be revoked.
[(b) Notwithstanding any law to the contrary, any
individual whose state income tax refund for any taxable year is $2 or more may
designate $2 of the refund to be deposited into the school-level minor repairs
and maintenance special fund established by section 302A-1504.5, when submitting
a state income tax return to the department. In the case of a joint return of a husband and
wife having a state income tax refund of $4 or more, each spouse may designate
that $2 be deposited into the special fund.
The director of taxation shall revise the individual state income tax return
form to allow the designation of contributions to the special fund on the face
of the tax return and immediately above the signature lines. If no designation was made on the original
tax return when filed, a designation may be made by the individual on an amended
return filed within twenty months and ten days after the due date for the original
return for such taxable year. A designation
once made, whether by an original or amended return, may not be revoked.
(c)
Notwithstanding any law to the contrary,
any individual whose state income tax refund for any taxable year is $5 or more
may designate $5 of the refund to be paid over to the libraries special fund
established by section 312-3.6, when submitting a state income tax return to
the department. In the case of a joint
return of a married couple having a state income tax refund of $10 or more, each
spouse may designate that $5 be deposited into the special fund. The director of taxation shall revise the
individual state income tax form to allow the designation of contributions to
the fund on the face of the tax return and immediately above the signature
lines. If no designation was made on the
original tax return when filed, a designation may be made by the individual on
an amended return filed within twenty months and ten days after the due date
for the original return for that taxable year.
A designation once made, whether by an original or amended return, may
not be revoked.
(d)] (b) Notwithstanding any law to the contrary, any individual
whose state income tax refund for any taxable year is $5 or more may designate $5
of the refund to be paid over [as follows:
(1) One-third] to
the Hawaii children's trust fund under section 350B-2[; and
(2) Two-thirds to
be divided equally among:
(A) The
domestic violence and sexual assault special fund under the department of health
in section 321-1.3;]
(B) The
spouse and child abuse special fund under the department of human services in
section 346‑7.5; and
(C) The
spouse and child abuse special account under the judiciary in section 601-3.6].
When designated by a taxpayer submitting a state income tax return to the department, the department of budget and finance shall allocate the moneys among the several funds as provided in this subsection. In the case of a joint return of a husband and wife having a state income tax refund of $10 or more, each spouse may designate that $5 be paid over as provided in this subsection. The director of taxation shall revise the individual state income tax form to allow the designation of contributions pursuant to this subsection on the face of the tax return and immediately above the signature lines. If no designation was made on the original tax return when filed, a designation may be made by the individual on an amended return filed within twenty months and ten days after the due date for the original return for such taxable year. A designation once made, whether by an original or amended return, may not be revoked."
SECTION 294. Section 237D-6.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Except for the revenues collected pursuant to section 237D-2(e), revenues collected under this chapter shall be distributed in the following priority, with the excess revenues to be deposited into the general fund:
[(1) $1,500,000
shall be allocated to the Turtle Bay conservation easement special fund
beginning July 1, 2015, for the reimbursement to the state general fund of debt
service on reimbursable general obligation bonds, including ongoing expenses related
to the issuance of the bonds, the proceeds of which were used to acquire the
conservation easement and other real property interests in Turtle Bay, Oahu,
for the protection, preservation, and enhancement of natural resources important
to the State, until the bonds are fully amortized;
(2) $16,500,000 shall
be allocated to the convention center enterprise special fund established under
section 201B-8;
(3)] (1) $79,000,000 shall be allocated to the
tourism special fund established under section 201B-11; provided that:
(A) Beginning on July 1, 2012, and ending on June 30, 2015, $2,000,000 shall be expended from the tourism special fund for development and implementation of initiatives to take advantage of expanded visa programs and increased travel opportunities for international visitors to Hawaii;
(B) Of the $79,000,000 allocated:
(i) $1,000,000 shall be allocated for the operation of a Hawaiian center and the museum of Hawaiian music and dance; and
(ii) 0.5 per cent of the $79,000,000 shall be transferred to a sub-account in the tourism special fund to provide funding for a safety and security budget, in accordance with the Hawaii tourism strategic plan 2005-2015; and
(C) Of the revenues remaining in the tourism special fund after revenues have been deposited as provided in this paragraph and except for any sum authorized by the legislature for expenditure from revenues subject to this paragraph, beginning July 1, 2007, funds shall be deposited into the tourism emergency special fund, established in section 201B-10, in a manner sufficient to maintain a fund balance of $5,000,000 in the tourism emergency special fund; and
[(4)] (2) $103,000,000 shall be allocated as
follows: Kauai county shall receive 14.5
per cent, Hawaii county shall receive 18.6 per cent, city and county of Honolulu
shall receive 44.1 per cent, and Maui county shall receive 22.8 per cent;
provided that commencing with fiscal year 2018-2019, a sum that represents the difference
between a county public employer's annual required contribution for the separate
trust fund established under section 87A-42 and the amount of the county public
employer's contributions into that trust fund shall be retained by the state director
of finance and deposited to the credit of the county public employer's annual
required contribution into that trust fund in each fiscal year, as provided in
section 87A-42, if the respective county fails to remit the total amount of the
county's required annual contributions, as required under section 87A-43[;
and
(5) $3,000,000
shall be allocated to the special land and development fund established under
section 171-19; provided that the allocation shall be expended in accordance with
the Hawaii tourism authority strategic plan for:
(A) The
protection, preservation, maintenance, and enhancement of natural resources,
including beaches, important to the visitor industry;
(B) Planning,
construction, and repair of facilities; and
(C) Operation
and maintenance costs of public lands, including beaches, connected with enhancing the
visitor experience].
All transient accommodations taxes shall be paid into the state treasury each month within ten days after collection and shall be kept by the state director of finance in special accounts for distribution as provided in this subsection."
SECTION 295. Section 243-3.5, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) In addition to any other taxes provided by law,
subject to the exemptions set forth in section 243-7, there is hereby imposed a
state environmental response, energy, and food security tax on each barrel or
fractional part of a barrel of petroleum product sold by a distributor to any
retail dealer or end user of petroleum product, other than a refiner. The tax shall be $1.05 on each barrel or fractional
part of a barrel of petroleum product that is not aviation fuel; provided that
of the tax collected pursuant to this subsection:
(1) 5 cents of the tax on each barrel shall be deposited
into the environmental response revolving fund established under section
128D-2;
[(2) 5 cents of the tax on each barrel shall be deposited
into the energy security special fund established under section 201-12.8;
(3) 10 cents of the tax on each barrel shall be
deposited into the energy systems development special fund established under section
304A-2169.1;] and
[(4)] (2)
15 cents of the tax on each barrel shall be deposited into the
agricultural development and food security special fund established under
section 141‑10.
The tax imposed by this subsection shall be paid by the distributor of the petroleum product.
(b)
In addition to subsection (a), the tax
shall also be imposed on each one million British thermal units of fossil fuel
sold by a distributor to any retail dealer or end user, other than a refiner, of
fossil fuel. The tax shall be 19 cents on
each one million British thermal units of fossil fuel; provided that of the tax
collected pursuant to this subsection:
(1) 4.8 per cent of the tax on each one million
British thermal units shall be deposited into the environmental response revolving
fund established under section 128D-2;
[(2) 14.3 per cent of the tax on each one
million British thermal units shall be deposited into the energy security special
fund established under section 201-12.8;
(3) 9.5 per cent of the tax on each one million
British thermal units shall be deposited into the energy systems development special
fund established under section 304A-2169.1;] and
[(4)] (2)
14.3 per cent of the tax on each one million British thermal units shall
be deposited into the agricultural development and food security special fund
established under section 141-10.
The tax imposed by this subsection
shall be paid by the distributor of the fossil fuel."
SECTION 296. Section 245-15, Hawaii Revised Statutes, is amended to read as follows:
"§245-15 Disposition of revenues. 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.
The department shall provide an annual accounting of these dispositions to the legislature."
SECTION 297. Section 245-26, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Stamps shall be sold at their denominated values,
plus a stamp fee of 1.7 per cent of the denominated value of each stamp sold[,
composed of the aggregate of:
(1) .2 per cent of
the denominated value of the stamp to pay for the cost to the State of
providing the stamps, with that amount to be deposited to the credit of the department
of taxation's cigarette tax stamp administrative special fund; and
(2) 1.5 per cent of
the denominated value of the stamp to pay for the cost of enforcing the stamp
tax, with that amount to be deposited to the credit of the department of the attorney
general's tobacco enforcement special fund];
provided that the department by rule may modify the stamp fee to reflect actual costs incurred by the State in providing the stamps."
SECTION 298. Section 338-14, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The department shall keep an account of all
fees collected and shall deposit them to the general fund of the State except
as provided in sections [321-1.3, 338-14.5,] 338‑14.6[,] and
346-7.5, [and 601-3.6]."
SECTION 299. Section 338-14.5, Hawaii Revised Statutes, is amended to read as follows:
(1) $1 for each certified copy to the credit
of the spouse and child abuse special fund established under section 346-7.5;
(2) $1 for each certified copy to the
credit of the spouse and child abuse special account established under section
601-3.6;
(3) $1 for each certified copy to the credit
of the domestic violence and sexual assault special fund established under
section 321-1.3;
(4) $1 for each certified copy to the
credit of the vital statistics improvement special fund established under
section 338-14.6; and
(5)
The remainder of]
the entire fee for each certified copy to the credit of the state
general fund."
SECTION 300. Section 572-5, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) The department of health shall appoint, and at
its pleasure remove, one or more suitable persons as agents authorized to grant
marriage licenses under this chapter in each judicial circuit. The agents may issue licenses from any state
facility when deemed necessary by the director.
Any agent appointed under this subsection and receiving an application
for a marriage license shall collect from the applicant for the license $60, of
which the agent, except those provided for in subsection (b), shall retain $9
for the agent's benefit and compensation and shall remit $51 to the director of
health. Upon the receipt of remittances
under this subsection, the director of health shall deposit[:
(1) $32 for each license
issued to the credit of the general fund of the State;
(2) $4.50 for each
license issued to the credit of the spouse and child abuse special fund established
under section 346-7.5;
(3) $4.50 for each
license issued to the credit of the spouse and child abuse special account established
under section 601-3.6; and
(4) $10 for each
license issued to the credit of the birth defects special fund established
under section 321‑426.] the amount into the general fund.
(b)
The department may appoint, as regular employees under the civil service
and classification laws, the number of suitable persons as agents authorized to
grant marriage licenses for whom provision has been made in the general appropriation
act. In the case of these agents, the
full amount collected from applicants shall be remitted to the director of health. Upon the receipt of remittances under this
subsection, the director of health shall deposit[:
(1) $41 for each
license issued to the credit of the general fund of the State;
(2) $4.50 for each
license issued to the credit of the spouse and child abuse special fund established
under section 346-7.5;
(3) $4.50 for each
license issued to the credit of the spouse and child abuse special account established
under section 601-3.6; and
(4) $10 for each license
issued to the credit of the birth defects special fund established under
section 321‑426.] the amount into the general fund."
SECTION 301. Section 28-15, Hawaii Revised Statutes, is repealed.
["§28-15 Tobacco enforcement special fund. (a)
There is established in the state treasury the tobacco enforcement
special fund, into which shall be deposited the tobacco settlement moneys as
provided by section 328L-2(a), the allocated portion of the stamp fee
designated to pay for the cost of enforcing the cigarette tax stamp as provided
by section 245-26, and fines as provided for by section 245-41.
(b) The tobacco enforcement special fund shall be
administered by the department of the attorney general and shall be used for
administering, operating, monitoring, and ensuring compliance with and
enforcement of:
(1) The Master
Settlement Agreement as defined in chapter 675 and any other statutes or
programs relating to that agreement;
(2) Chapter 675;
(3) Tobacco
prevention programs;
(4) The cigarette tax
stamp as defined in chapter 245 and any other statutes or programs relating to
that chapter;
(5) Chapter 245;
(6) Chapter 486P
and any other statutes or programs relating to that chapter; and
(7) Any other
requirement deemed necessary to carry out the purposes of the fund.
(c) All unencumbered and unexpended moneys in
excess of $500,000 remaining on balance in the tobacco enforcement special fund
at the close of June 30 of each year shall lapse to the credit of the state
general fund.
(d) The department of the attorney general shall
submit a report to the legislature, no later than twenty days prior to the
convening of each regular session, providing an accounting of the receipts and
expenditures of the fund."]
SECTION 302. Section 328L-2, Hawaii Revised Statutes, is repealed.
["§328L-2 Hawaii tobacco
settlement special fund.
(a) There is established in the state
treasury the Hawaii tobacco settlement special fund into which shall be
deposited:
(1) All tobacco
settlement moneys; and
(2) All interest
and earnings accruing from the investment of moneys in the fund;
provided that of all tobacco settlement moneys
received by the State each fiscal year, the sum representing the first $350,000
of those moneys shall first be deposited in the state treasury in each fiscal
year to the credit of the tobacco enforcement special fund. The Hawaii tobacco settlement special fund shall
be administered by the department.
(b) The fund shall be used for the purpose of
receiving, allocating, and appropriating the tobacco settlement moneys as follows:
(1) Fifteen per
cent shall be appropriated into the emergency and budget reserve fund under
section 328L-3;
(2) Twelve and one-half
per cent shall be appropriated into the Hawaii tobacco prevention and control
trust fund under section 328L-5;
(3) Twenty-six per
cent shall be appropriated into the university revenue-undertakings fund created
in section 304A‑2167.5, to be applied to the payment of the principal of
and interest on, and to generate required coverage, if any, for, revenue bonds
issued by the board of regents of the University of Hawaii to finance the cost
of construction of a university health and wellness center, including a new medical
school facility, to be situated on the island of Oahu; and
(4) Any remaining
amounts shall be deposited to the credit of the state general fund;
in
the succeeding fiscal year."]
SECTION 303. It is the intent of this Act not to jeopardize
the receipt of any federal aid nor to impair the obligation of the State or any
agency thereof to the holders of any bond issued by the State or by any such agency,
and to the extent, and only to the extent, necessary to effectuate this intent,
the governor may modify the strict provisions of this Act, but shall promptly
report any such modification with reasons therefor to the legislature at its
next session thereafter for review by the legislature.
SECTION 304. All unencumbered balances in the funds repealed by this Act shall lapse to the credit of the general fund.
SECTION 305. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 306. This Act shall take effect on July 1, 2021.
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Report Title:
DOA; DBEDT; DLNR; DOE; UH; DOH; DHHL; JUD; DHS; DLIR; DAGS; AG; BUF; DHRD; Governor; DCCA; DOTAX; PSD; OHA
Description:
Repeals various
non-general funds of the department of agriculture; department of business,
economic development, and tourism; department of land and natural resources;
department of education; university of Hawaii; department of Hawaiian home
lands; judiciary; department of human services; department of labor and
industrial relations; department of accounting and general services; department
of the attorney general; department of budget and finance; department of human
resources development; office of the governor; department commerce and consumer
affairs; department of taxation; department of public safety; and office of Hawaiian
affairs. Transfers unencumbered balances
to the credit of the general fund.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
