Bill Text: HI HB1652 | 2018 | Regular Session | Amended
Bill Title: Relating To Non-general Funds.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2018-07-11 - Act 164, on 07/10/2018 (Gov. Msg. No. 1273). [HB1652 Detail]
Download: Hawaii-2018-HB1652-Amended.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1652 |
|
TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO NON-GENERAL FUNDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. The purpose of this part is to abolish various non-general funds and accounts pursuant to the recommendations by the auditor in auditor's report no. 17-10 and to transfer the unencumbered balances to the general fund.
SECTION 2. The est/adm license and permit tobacco and cigarette special fund is abolished and any remaining unencumbered balance shall lapse to the general fund.
SECTION 3. The IRS refund intercept trust account is abolished and any remaining unencumbered balance shall lapse to the general fund.
SECTION 4. The special enforcement section collections trust account is abolished and any remaining unencumbered balance shall lapse to the general fund.
SECTION 5. The taxes payable to counties - fuel trust accounts are abolished and any remaining unencumbered balances shall lapse to the general fund.
PART II
SECTION 6. The premium taxes paid pending appeal trust account is abolished and any remaining unencumbered balance shall lapse to the general fund.
PART III
SECTION 7. The purpose of this part is to repeal the premium supplementation trust fund.
SECTION 8. Section 393-32, Hawaii Revised Statutes, is amended to read as follows:
"[[]§393-32[]] Rulemaking and other powers of the director. The director may adopt[, amend, or repeal,]
rules pursuant to chapter 91[, such rules and regulations as the
director deems] necessary [or suitable] for the [proper
administration and enforcement] purposes of this chapter.
[The director may round off the
amounts specified in this chapter for the purpose of eliminating payments from
the premium supplementation fund in other than even dollar amounts or other
purposes.]
The director may prescribe the
filing of reports by prepaid health care plan contractors [and prescribe the
form and content of requests by employers for premium supplementation and the
period for the payment thereof]."
SECTION 9. Section 393-33, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) If an employer fails to comply with section
393-11, 393-12, 393-13, or 393-15 the employer shall pay a penalty of not less
than $25 or of $1 for each employee for every day during which such failure
continues, whichever sum is greater. The
penalty shall be assessed under rules [and regulations promulgated] adopted
pursuant to chapter 91 and shall be collected by the director and paid into the
[trust] general fund [for premium supplementation established
by section 393-41]. The director [may],
for good cause shown, may remit all or any part of the penalty."
SECTION 10. Section 393-34, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) All fines collected pursuant to this chapter
shall be deposited into the [[premium supplementation trust fund] created by
section 393-41.] general fund."
SECTION 11. Chapter 393, part IV, Hawaii Revised Statutes, is repealed.
SECTION 12. On June 30, 2018, all unencumbered balances remaining in the premium supplementation trust fund repealed by this part shall lapse to the credit of the general fund.
PART IV
SECTION 13. The purpose of this part is to establish end-of-year carryover balances for various non-general funds and to require that moneys in excess of those balances shall lapse to the credit of the general fund at the end of each fiscal year.
SECTION 14. Section 132C-9, Hawaii Revised Statutes, is amended to read as follows:
"[[]§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.
(c) All moneys in excess of $200,000 remaining on
balance in the reduced ignition
propensity cigarette program special fund on June 30 of each year shall
lapse to the credit of the general fund."
SECTION 15. Section 383-127, Hawaii Revised Statutes, is amended to read as follows:
"[[]§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 shall be
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.
(g) All moneys in excess of $3,000,000 remaining on balance in the special unemployment insurance administration fund on June 30 of each year shall lapse to the credit of the general fund."
SECTION 16. Section 392-61, Hawaii Revised Statutes, is amended to read as follows:
"§392-61 Establishment of trust
fund for disability benefits. (a)
There is established in the treasury of the State, separate and apart
from all public moneys or funds of the State, a trust fund for disability
benefits which shall be administered by the director exclusively for the
purposes of this chapter; and for the establishment and maintenance of a family
leave data collection system under section 398-9.5. All contributions pursuant to this part shall
be paid into the fund and all benefits payable under this part shall be paid
from the fund. The fund shall consist of[[]:[]]
(1) All contributions collected pursuant to this part, together with any interest thereon;
(2) All fines and penalties for the fund pursuant to this chapter;
(3) All moneys collected by way of subrogation;
(4) Interest earned on any moneys in the fund;
(5) Any property or securities acquired through the use of moneys belonging to the fund;
(6) All earnings of such property and securities; and
(7) All other moneys received for the fund from any source.
(b) All moneys in excess of $1,000,000 remaining on balance in the trust fund for disability benefits on June 30 of each year shall lapse to the credit of the general fund."
SECTION 17. Section 431:2-214, Hawaii Revised Statutes, is amended to read as follows:
"§431:2-214 The commissioner's education and training fund. (a) The commissioner may establish a separate fund designated as the commissioner's education and training fund.
(b) This fund may be used to compensate or reimburse staff and personnel of the insurance division for education and training. Upon approval by the commissioner, staff and personnel may be compensated or reimbursed for:
(1) Actual travel expenses in amounts customary for these expenses;
(2) A reasonable living expense allowance at a rate customary for these expenses;
(3) Per diem compensation at a customary rate; and
(4) Any fees or charges necessary to attend educational and training conferences, workshops, seminars, and any other event of this nature.
(c) Any person receiving reimbursement or compensation from the commissioner's education and training fund shall submit to the commissioner, for approval, a detailed account of all expenses and compensation necessarily incurred on account of any education and training for the insurance division.
(d) The commissioner's education and training fund may be used to pay the cost of consumer education and information, including publication of information, brochures, and consumer guides and costs related to conferences, workshops, seminars, and any other event of this nature which the commissioner sponsors or in which the commissioner or insurance division staff participates.
(e) All moneys in excess of $500,000 remaining on balance in the commissioner's education and training fund on June 30 of each year shall lapse to the credit of the general fund."
SECTION 18. 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) Motor vehicles insured under the joint underwriting plan shall be excluded from the drivers education fund assessment.
(e) The commissioner shall adopt rules in accordance with chapter 91 for the execution of this section and the distribution of this fund.
(f) All unencumbered and unexpended moneys remaining on balance in the special drivers education fund account at the close of June 30 of each year shall lapse to the credit of the general fund."
SECTION 19. Section 431:19-101.8, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) [Moneys deposited by the commissioner in
the fund shall not revert to] All moneys in excess of $3,000,000
remaining on balance in the captive insurance administrative fund on June 30 of
each year shall lapse to the credit of the general fund."
SECTION 20. Section 444-26, Hawaii Revised Statutes, is amended to read as follows:
"§444-26 Contractors recovery fund; use of fund; person injured; fees. (a) The board is authorized to establish and maintain a contractors recovery fund from which any person injured by an act, representation, transaction, or conduct of a duly licensed contractor, which is in violation of this chapter or the rules adopted pursuant thereto, may recover by order of the circuit court or district court of the judicial circuit where the violation occurred, an amount of not more than $12,500 per contract, regardless of the number of persons injured under the contract, for damages sustained by the act, representation, transaction, or conduct. Recovery from the fund shall be limited to the actual damages suffered by the claimant, including court costs and fees as set by law, and reasonable attorney fees as determined by the court; provided that recovery from the fund shall not be awarded to persons injured by an act, representation, transaction, or conduct of a contractor whose license was suspended, revoked, forfeited, terminated, or in an inactive status at the time the claimant entered into the contract with the contractor.
(b) For purposes of this chapter, "person injured" or "injured person" means and is limited to owners or lessees of private residences, including condominium or cooperative units, who have contracted with a duly licensed contractor for the construction of improvements or alterations to the owners' or lessees' own private residences and owners or lessees of real property who have contracted with a duly licensed contractor for the construction of the owners' or lessees' own private residences on the owners' or lessees' real property.
(c) When any person applies for a contractors license, the person shall pay, in addition to the person's original license fee, a fee of $150 for deposit in the contractors recovery fund, and a fee for deposit in the contractors education fund as provided in rules adopted by the director pursuant to chapter 91. In the event that the board does not issue the license, these fees shall be returned to the applicant.
(d) All moneys in excess of $500,000 remaining on balance in the contractors recovery fund on June 30 of each year shall lapse to the credit of the general fund."
SECTION 21. Section 444-29, Hawaii Revised Statutes, is amended to read as follows:
"[[]§444-29[]] Management of fund. (a)
The sums received by the contractors license board for deposit in the
contractors recovery fund shall be held by the contractors license board in
trust for carrying out the purposes of the contractors recovery fund. The contractors license board, as trustee of
the recovery fund, shall be authorized to retain private legal counsel to
represent the board in any action [which] that may result in
collection from the contractors recovery fund.
These funds may be invested and reinvested in the same manner as funds
of the state employees' retirement system, and the interest from these
investments shall be deposited to the credit of the contractors education fund,
[and] which is hereby created, and shall be available to the
contractors license board for educational purposes[, which is hereby created].
(b) All moneys in excess of $100,000 remaining on balance in the contractors education fund on June 30 of each year shall lapse to the credit of the general fund."
SECTION 22. Section 454F-41, Hawaii Revised Statutes, is amended to read as follows:
"§454F-41 Mortgage loan recovery fund; use of fund; fees. (a) The commissioner shall establish and maintain a fund that shall be known as the mortgage loan recovery fund from which any person aggrieved by an act, representation, transaction, or conduct of a licensee involving fraud, misrepresentation, or deceit may recover by order of the circuit court or district court of the county where the violation occurred, an amount of not more than $25,000 per transaction, including court costs and fees as set by law and reasonable attorney fees as determined by the court, for damages sustained by the fraud, misrepresentation, or deceit of a licensee.
(b) In addition to application fees and any fees required by NMLS, a licensee shall pay to the division a mortgage loan recovery fund fee as follows for deposit in the mortgage loan recovery fund:
(1) The sum of $300 for each principal office location of a mortgage loan originator company;
(2) The sum of $250 for each branch office location of a mortgage loan originator company; and
(3) The sum of $200 for each mortgage loan originator.
(c) Upon application for renewal of a license under this chapter, a licensee shall pay, in addition to the licensee's license renewal fee and fees required by NMLS, a mortgage loan recovery fund fee as follows for deposit in the mortgage loan recovery fund:
(1) The sum of $200 for each principal office location of a mortgage loan originator company;
(2) The sum of $100 for each branch office location of a mortgage loan originator company; and
(3) The sum of $100 for each mortgage loan originator.
Mortgage loan recovery fund fees collected pursuant to this subsection shall be refundable upon the denial of a license renewal by the commissioner.
(d) When the mortgage loan recovery fund attains a funding level of $750,000, the commissioner may make a finding to adjust the fees generated by renewals or may determine that payments made by renewing licensees shall cease. If the funding level falls below $250,000 after the first five years of the establishment of the fund, the commissioner may adjust the fees to a reasonable level for the purpose of attaining a funding level of $750,000.
(e) The commissioner or the commissioner's designee, as the manager of the mortgage loan recovery fund, shall be authorized to expend moneys in the mortgage loan recovery fund to:
(1) Retain private legal counsel to represent the commissioner or the division in any action that involves or may result in payment from the mortgage loan recovery fund;
(2) Retain a certified public accountant for accounting and auditing of the mortgage loan recovery fund;
(3) Employ necessary personnel, not subject to chapter 76, to assist the commissioner in exercising the commissioner's powers and duties with respect to the mortgage loan recovery fund; and
(4) Retain a consultant to recover and collect any payments from the mortgage loan recovery fund plus interest from the judgment debtor.
(f) All moneys in excess of $1,000,000 remaining on balance in the mortgage loan recovery fund on June 30 of each year shall lapse to the credit of the general fund."
SECTION 23. Section 467-16, Hawaii Revised Statutes, is amended to read as follows:
"§467-16 Real estate recovery fund; use of fund; fees. (a) The commission shall establish and maintain a trust fund which shall be known as the real estate recovery fund from which any person aggrieved by an act, representation, transaction, or conduct of a duly licensed real estate broker, or real estate salesperson, upon the grounds of fraud, misrepresentation, or deceit, may recover upon the commission's settlement of a claim or by order of the circuit court or district court of the county where the violation occurred, an amount of not more than $25,000 per transaction for damages sustained by the fraud, misrepresentation, or deceit, including court costs and fees as set by law, and reasonable attorney fees as determined by the court.
(b) When any person makes application for an original license to practice as a real estate broker or salesperson the person shall pay, in addition to the person's original license fee, a real estate recovery fund fee as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91 for deposit in the real estate recovery fund. If the commission does not issue the license, this fee shall be returned to the applicant.
(c) The commission, as the trustee of the real estate recovery fund, shall be authorized to expend the funds to:
(1) Retain private legal counsel to represent the commission in any action involving or which may result in payment from the real estate recovery fund;
(2) Retain a certified public accountant for accounting and auditing of the real estate recovery fund;
(3) Employ necessary personnel, not subject to chapter 76, to assist the commission in exercising its powers and duties with respect to the real estate recovery fund; and
(4) Retain a consultant to recover and collect any payments from the real estate recovery fund plus interest from the judgment debtor.
(d) All moneys in excess of $500,000 remaining on balance in the real estate recovery fund on June 30 of each year shall lapse to the credit of the general fund."
SECTION 24. Section 467-19, Hawaii Revised Statutes, is amended to read as follows:
"§467-19 Management of fund. (a)
The sums received by the real estate commission for deposit in the real
estate recovery fund shall be held by the commission in trust for carrying out
the purpose of the real estate recovery fund.
The real estate commission, as the trustee of the recovery fund, shall
be authorized to expend the funds to retain private legal counsel to represent
the commission in any action involving the real estate recovery fund. These funds may be invested and reinvested in
the same manner as funds of the state employees' retirement system, and the
interest from these investments shall be deposited to the credit of the real
estate education fund, which is hereby created, and [which] shall
be available to the commission for educational purposes[, which is hereby
created]. The real estate
commission, as trustee of the real estate education fund, may invest and
reinvest the real estate education fund in the same manner as funds of the
state employees' retirement system. The
commission for investment purposes, may combine the real estate education and
recovery funds and invest and reinvest the combined funds in the same manner as
funds of the state employees' retirement system. The commission shall keep separate accounting
records for the two funds.
(b)
Educational purposes as used in subsection (a) shall include those
purposes to promote the advancement of education and research in the field of
real estate for the benefit of the public and those licensed under the
provisions of this chapter and the improvement and more efficient
administration of the real estate industry.
The commission, in its discretion, may use any and all moneys in the real
estate education fund consistent with the above. The commission and the director of commerce
and consumer affairs may also use moneys in the education fund to employ
necessary personnel, not subject to chapter 76, to fully effectuate [subsection
(b)] this section and carry out its purpose.
(c) All moneys in excess of $1,000,000 remaining on balance in the real estate education fund on June 30 of each year shall lapse to the credit of the general fund."
SECTION 25. Section 481I-4, Hawaii Revised Statutes, is amended to read as follows:
"§481I-4 Arbitration mechanism.
(a) The department of commerce
and consumer affairs shall establish and monitor a state certified arbitration
program which is in substantial compliance with [Title] title 16,
Code of Federal Regulations, part 703, as may be modified by this section, and
shall adopt appropriate rules governing its operation.
(b)
The director of commerce and consumer affairs may contract with an
independent arbitration organization for annual term appointments to screen,
hear, and resolve consumer complaints which have been initiated pursuant to
section 481I-3.
The following criteria shall be considered
in evaluating the suitability of independent arbitration mechanisms: capability, objectivity, experience,
nonaffiliation with manufacturers of or dealers in new motor vehicles,
reliability, financial stability, and fee structure.
(c)
If a consumer agrees to participate in and be bound by the operation and
decision of the state certified arbitration program, then all parties shall
also participate in, and be bound by, the operation and decision of the state
certified arbitration program. The
prevailing party of an arbitration decision made pursuant to this section may
be allowed reasonable attorney's fees.
(d)
The submission of any dispute to arbitration in which the consumer
elects nonbinding arbitration shall not limit the right of any party to a
subsequent trial de novo upon written demand made upon the opposing party to
the arbitration within thirty calendar days after service of the arbitration
award, and the award shall not be admissible as evidence at that trial. If the party demanding a trial de novo does
not improve its position as a result of the trial by at least twenty-five per
cent, then the court shall order that all of the reasonable costs of trial,
consultation, and attorney's fees be paid for by the party making the demand.
If neither party to a nonbinding
arbitration demands a trial de novo within thirty days after service of the arbitration
award, the arbitrator's decision shall become binding on both parties upon the
expiration of the thirty-day period.
(e)
Funding of the state certified arbitration program shall be provided
through an initial filing fee of $200 to be paid by the manufacturer and $50 to
be paid by the consumer upon initiating a case for arbitration under this
section. Every final decision in favor
of the consumer issued by the independent arbitration mechanism shall include
within its relief the return of the $50 filing fee to the consumer. The director of commerce and consumer affairs
may establish a trust fund for the purpose of administering fees and costs
associated with the state certified arbitration program.
(f)
The failure of a manufacturer to timely comply with a binding decision
of a state certified arbitration program shall be prima facie evidence of an
unfair or deceptive act or practice under chapter 480 unless the manufacturer
can prove that it attempted in "good faith" to comply, or that the
failure was beyond the manufacturer's control, the result of a written
agreement with the consumer, or based on an appeal filed under chapter 658A.
(g) All moneys in excess of $25,000 remaining on
balance in the trust fund for the purpose of administering fees and costs
associated with the state certified arbitration program on June 30 of each year
shall lapse to the credit of the general fund."
SECTION 26. Section 514B-71, Hawaii Revised Statutes, is amended to read as follows:
"§514B-71 Condominium education trust fund. (a) The commission shall establish a condominium education trust fund that the commission shall use for educational purposes. Educational purposes shall include financing or promoting:
(1) Education and research in the field of condominium management, condominium project registration, and real estate, for the benefit of the public and those required to be registered under this chapter;
(2) The improvement and more efficient administration of associations;
(3) Expeditious and inexpensive procedures for resolving association disputes; and
(4) Support for mediation of condominium related disputes.
(b) The commission shall use all moneys in the condominium education trust fund for purposes consistent with subsection (a).
(c) All moneys in excess of $1,000,000 remaining
on balance in the condominium education trust fund on June 30 of each year
shall lapse to the credit of the general fund."
SECTION 27. Section 667-86, Hawaii Revised Statutes, is amended to read as follows:
"§667-86 Mortgage foreclosure dispute resolution special fund. (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 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.
(c) All moneys in excess of $25,000 remaining on balance in the mortgage foreclosure dispute resolution special fund on June 30 of each year shall lapse to the credit of the general fund."
PART V
SECTION 28. The purpose of this part is to increase the deduction for central service expenses.
SECTION 29. 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) School
cafeteria special funds of the department of education;
(3) Special
funds of the University of Hawaii;
(4) State
educational facilities improvement special fund;
(5) Convention
center enterprise special fund under section 201B-8;
(6) Special
funds established by section 206E-6;
(7) Aloha
Tower fund created by section 206J-17;
(8) Funds
of the employees' retirement system created by section 88-109;
(9) Hawaii
hurricane relief fund established under chapter 431P;
(10) Hawaii
health systems corporation special funds and the subaccounts of its regional
system boards;
(11) Tourism
special fund established under section 201B‑11;
(12) Universal
service fund established under section 269‑42;
(13) Emergency
and budget reserve fund under section 328L‑3;
(14) Public
schools special fees and charges fund under section 302A-1130;
(15) Sport
fish special fund under section 187A-9.5;
[[](16)[]] Neurotrauma special fund under section
321H-4;
[[](17)[]] Glass advance disposal fee established by
section 342G-82;
[[](18)[]] Center for nursing special fund under section
304A‑2163;
[[](19)[]] Passenger facility charge special fund
established by section 261-5.5;
[[](20)[]] Solicitation of funds for charitable purposes
special fund established by section 467B-15;
[[](21)[]] Land conservation fund established by section
173A‑5;
[[](22)[]] Court interpreting services revolving fund
under section 607-1.5;
[[](23)[]] Trauma system special fund under section 321-22.5;
[[](24)[]] Hawaii cancer research special fund;
[[](25)[]] Community health centers special fund;
[[](26)[]] Emergency medical services special fund;
[[](27)[]] Rental motor vehicle customer facility charge
special fund established under section 261-5.6;
[[](28)[]] Shared services technology special fund under
section 27-43;
[[](29)[]] Automated victim information and notification
system special fund established under section 353-136;
[[](30)[]] Deposit beverage container deposit special
fund under section 342G-104;
[[](31)[]] Hospital sustainability program special fund
under [[]section 346G-4[]];
[[](32)[]] Nursing
facility sustainability program special fund under [[]section
346F-4[]];
[[](33)[]] Hawaii 3R's
school improvement fund under section 302A-1502.4;
[[](34)[]] After-school
plus program revolving fund under section 302A-1149.5; and
[[](35)[]] Civil monetary penalty special fund under
section 321-30.2,
shall
deduct [five] seven 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 30. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 31. This Act shall take effect on July 1, 2018.
Report Title:
Repeal of Non-General Funds; DOTAX; DCCA; DLIR; Fund Ceilings; End of the Year Carryover Balance; Transfer of Balances; Central Services Expenses
Description:
Abolishes or repeals the est/adm license and permit tobacco and cigarette special fund, IRS refund intercept trust account, special enforcement section collections trust account, taxes payable to counties - fuel trust accounts, premium taxes paid pending appeal trust account, and premium supplementation trust fund and transfers the unencumbered balances to the general fund. Establishes an end of the fiscal year carryover balance for the reduced ignition propensity cigarette program special fund, special unemployment insurance administration fund, trust fund for disability benefits, commissioner's education and training fund, special drivers education fund account, captive insurance administrative fund, contractors recovery fund, contractors education fund, mortgage loan recovery fund, real estate recovery fund, real estate education fund, trust fund for the purpose of administering fees and costs associated with the state certified arbitration program, condominium education trust fund, and mortgage foreclosure dispute resolution special fund. Increases the deduction for central service expenses. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
