Bill Text: HI HB2415 | 2016 | Regular Session | Amended
Bill Title: Non-general Funds; Repeal; Reclassify; Transfer of Balances
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2016-06-08 - Act 061, on 06/06/2016 (Gov. Msg. No. 1162). [HB2415 Detail]
Download: Hawaii-2016-HB2415-Amended.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2415 |
|
TWENTY-EIGHTH LEGISLATURE, 2016 |
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 Act is to repeal, reclassify, or abolish selected funds.
PART II
SECTION 2. The purpose of this part is to repeal the Kapolei recreational sports complex special fund as recommended by the auditor in auditor's report 14-01.
The legislature finds that the original purpose of the fund no longer exists, as the land originally identified for the Kapolei recreational sports complex was transferred to the University of Hawaii-West Oahu.
SECTION 3. Section 109-1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) There shall be within the department
of accounting and general services for administrative purposes only, a stadium
authority whose responsibility shall be to maintain, operate, and manage the
stadium and facilities attached thereto [and to provide for the maintenance,
operation, management, and promotion of the Kapolei recreational sports complex].
The authority shall consist of nine members who shall be appointed by the
governor in the manner prescribed by section 26-34. Each member of the
authority shall have been a citizen of the United States and a resident of the
State for at least five years next preceding the member's appointment. The
president of the University of Hawaii and the superintendent of education shall
be ex officio members of the authority but shall not vote."
SECTION 4. 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[, and to provide for the maintenance, operation,
management, and promotion of the Kapolei recreational sports complex];
(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[, including entering into contracts under
chapter 102 or 103D for the management of the Kapolei recreational sports
complex, to include but not be limited to the operation, maintenance, and
promotion of the complex in a manner that is beneficial to both the State and
the contractor. These contracts may contain revenue sharing incentives based
on increased usage of the complex];
(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 [such] 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, [and to provide for a management contract for the Kapolei
recreational sports complex,] 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 [such] 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[, its]
and related facilities[, and the Kapolei recreational sports complex]."
SECTION 5. Section 109-3, Hawaii Revised Statutes, is amended to read as follows:
"§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[; provided that
all funds received pursuant to this section shall be kept completely separate from
the Kapolei recreational sports complex special fund. Moneys may not be
transferred between the stadium special fund and the Kapolei recreational
sports complex special fund]. 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 6. Section 109-5, Hawaii Revised Statutes, is amended to read as follows:
"§109-5 Security personnel, powers.
The person employed as the chief security officer by the authority shall have
all of the powers of police officers, including the power of arrest; provided
that [such] the powers shall remain in force and in effect only
while the person is in the actual performance of the person's duties at the
stadium [or the Kapolei recreational sports complex]."
SECTION 7. Section 109-7, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
"(b) Any person violating any rule of the
stadium authority regulating conduct on the stadium [or Kapolei recreational
sports complex] premises shall be guilty of a petty misdemeanor punishable
by a fine not exceeding $1,000, or imprisonment not exceeding thirty days, or
both.
(c) Any person violating any rule of the
stadium authority regulating parking or traffic on the stadium [or Kapolei
recreational sports complex] premises shall have committed a traffic
infraction as set forth in chapter 291D, the adjudication of which shall be
subject to the provisions contained therein."
SECTION 8. Section 109-9, Hawaii Revised Statutes, is repealed.
["[§109-9] Kapolei recreational
sports complex special fund. There is created a special fund to be
known as the Kapolei recreational sports complex special fund into which funds
appropriated by the legislature, received pursuant to a management contract
under section 109-2(3), or collected by the authority from the operations of
the Kapolei recreational sports complex shall be deposited subject to contracts
entered into pursuant to section 109-2(3); provided that all funds received
pursuant to this section shall be kept completely separate from the stadium
special fund. Moneys may not be transferred between the Kapolei recreational
sports complex special fund and the stadium special fund. The Kapolei
[recreational] sports complex 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 Kapolei recreational sports complex; provided
that all services required for the Kapolei recreational sports complex shall be
performed by persons hired on contract or otherwise, without regard for chapter
76; provided further that the authority shall report annually to the
legislature all receipts and expenditures of the Kapolei recreational [sports]
complex special fund account no later than twenty days prior to the convening
of each regular session."]
SECTION 9. On July 1, 2016, all unencumbered balances remaining in the Kapolei recreational sports complex special fund repealed by section 8 of this Act shall lapse to the credit of the general fund.
PART III
SECTION 10. The purpose of this part is to reclassify the prepaid airport use charge fund from a special fund to a trust fund as recommended by the auditor in auditor's report 14-05.
The legislature finds that the fund does not meet the criteria of a special fund and should be classified as a trust fund because moneys deposited in the fund are the property of signatory airlines and may not be used for any purpose other than those set forth in the prepaid airport use charge fund agreement.
SECTION 11. The prepaid airport use charge fund, a special fund administratively established in 1977, is reclassified as a trust fund.
All balances in the fund shall remain as if no reclassification had occurred.
PART IV
SECTION 12. The purpose of this part is to abolish the photo enforcement revolving fund.
The legislature finds that the fund does not meet the criteria of a revolving fund because it is inactive.
SECTION 13. The photo enforcement revolving fund is abolished and any unencumbered remaining balances shall be transferred to the general fund.
PART V
SECTION 14. Statutory material to be repealed is bracketed and stricken.
SECTION 15. This Act shall take effect on July 1, 2016.
Report Title:
Non-general Funds; Repeal; Reclassify; Transfer of Balances
Description:
Repeals the Kapolei recreational sports complex special fund, reclassifies the prepaid airport use charge fund to a trust fund, and abolishes the photo enforcement revolving fund. Transfers the remaining unencumbered balances to the general fund. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
