Bill Text: HI SB159 | 2015 | Regular Session | Amended
Bill Title: Non-General Funds; Repeal; Transfer of Balances
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2015-07-01 - Act 147, on 06/26/2015 (Gov. Msg. No. 1248). [SB159 Detail]
Download: Hawaii-2015-SB159-Amended.html
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THE SENATE |
S.B. NO. |
159 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE REPEAL OF 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 repeal the Captain Cook memorial fund.
The legislature finds that the fund is no longer necessary. It has had no activity in recent years and a very small balance.
SECTION 2. Section 6E-4, Hawaii Revised Statutes, is amended to read as follows:
"[[]§6E-4[]] Administration.
All state historic areas and buildings surplus to the operations of the department
of accounting and general services shall be transferred by executive order to the
department[, except as provided in section 6E-33]. All state projects and
programs relating to historic preservation shall come under the authority of the
department."
SECTION 3. Section 6E-33, Hawaii Revised Statutes, is repealed.
["[§6E-33] Captain Cook Memorial Fund.
All moneys in the Captain Cook memorial fund or which may be paid into the same
from the proceeds of sales or which may be received by way of gift or otherwise
for any of the purposes provided by this section, the acceptance of such gifts and
the receipt of such funds being authorized, shall be expendable by the comptroller
from time to time for any of the purposes provided by this section, and any original
historical documents or other articles, or copies, facsimiles, or replicas thereof,
so collected, and copies of publications made under this section shall be deposited
in the archives of Hawaii to constitute a collection to be known as the "Captain
Cook Memorial Collection".
The comptroller may purchase or otherwise acquire
original books, mementos, pamphlets, documents, or other articles of historical
value relating to the life of Captain James Cook, or connected with the history,
discovery, and exploration of the Hawaiian Islands, or copies, facsimiles, or replicas
thereof of other data relating thereto, and prepare and publish in the comptroller's
discretion books, documents, pamphlets, or other publications relating thereto.
The comptroller may distribute free copies of
such publications to libraries, museums, and other places of references open to
the public in the United States or in other countries, not to exceed, however, one-third
of the number of copies of each published. The remaining copies may be sold at
such reasonable prices as may be fixed by the comptroller, the proceeds of such
sales to be paid into the trust fund."]
PART II
SECTION 4. The purpose of this part is to address the statewide geospatial information and data integration special fund. More specifically, this part repeals the special fund and requires that fees generated by the statewide geographic information system program be deposited into the general fund.
The legislature finds that the statewide geospatial information and data integration special fund is not necessary. It has no balance or annual revenues.
SECTION 5. Section 225M-6, Hawaii Revised Statutes, is amended to read as follows:
"§225M-6
Fees for statewide planning and geographic information system services and products.
The office of planning may charge fees for statewide planning and geographic information system services and
products. All fees collected for statewide planning and geographic information
system analyses and other related services shall be deposited into the [statewide
geospatial information and data integration special] general fund [for
the sole purpose of supporting the statewide planning and geographic information
system]. The office shall adopt rules setting fees for statewide planning and
geographic information system services and products."
SECTION 6. Section 225M-7, Hawaii Revised Statutes, is repealed.
["[§225M-7]
Statewide geospatial information and data integration special fund. (a)
There is established in the state treasury the statewide geospatial information
and data integration special fund, into which shall be deposited:
(1) Moneys directed, allocated, or
disbursed to the statewide geospatial information and data integration program
from other government agencies or private sources to help support the
acquisition of hardware, software, applications, and databases;
(2) Moneys directed, allocated, or disbursed to the statewide
geospatial technologies program from non-state sources, including but not limited
to grants, awards, and donations;
(3) Moneys collected as fees for statewide planning and geographic
information system services rendered; and
(4) Investment
earnings credited to the assets of the fund and all interest on special fund balances.
(b) The statewide
geospatial information and data integration special fund shall be used to help defray
the cost of, including but not limited to the following:
(1) Programs
and activities to implement this chapter, including the provision of state funds
to match federal funds from the United States Geological Survey or other federal
departments; and
(2) Operating
costs of the statewide planning and geographic information system, including acquisition
and maintenance of hardware or software necessary to implement this chapter, acquisition
and maintenance of geospatial and other data, application development, training,
and other products or services of general benefit to the statewide geospatial information
and data integration program and its stakeholders."]
PART III
SECTION 7. The purpose of this part is to repeal the food distribution program revolving fund.
The legislature finds that the revolving fund has no balance or recent activity. Thus, the legislature finds that the revolving fund is not necessary.
SECTION 8. Section 302A-1315, Hawaii Revised Statutes, is repealed.
["§302A-1315
Food distribution program revolving fund. (a) There is established
the food distribution program revolving fund to be administered by the department.
(b) The food
distribution program revolving fund shall consist of:
(1) Administrative
fees collected by the department for administering and operating the food distribution
program;
(2) All interest
earned on the deposit or investment of moneys in the food distribution program revolving
fund; and
(3) Any other
moneys made available to the food distribution program revolving fund from other
sources.
(c) The food
distribution program revolving fund shall be used by the department for the collection
and disbursement of generated revenue to support the administration and operation
of the food distribution program pursuant to 7 Code of Federal Regulations section
250.15.
(d) The balance
in the food distribution program revolving fund shall not exceed $2,000,000 to pay
for services rendered by state-contracted warehouses for the distribution of federal
commodity foods to the recipient agencies. Any moneys remaining in the revolving
fund in excess of $2,000,000 at the end of each fiscal year shall lapse to the credit
of the general fund."]
PART IV
SECTION 9. The purpose of this part is to repeal the career and technical training projects revolving fund for the University of Hawaii at Hilo.
The legislature finds that the revolving fund is not necessary.
SECTION 10. Section 304A-2268, Hawaii Revised Statutes, is repealed.
["[§304A-2268]
Career and technical training projects revolving fund; University of Hawaii at Hilo.
There is established the career and technical training projects revolving fund for
the career and technical training projects of the community colleges and the University
of Hawaii at Hilo into which shall be deposited the receipts from fees for services,
supplies, and use of equipment provided by or in connection with these projects.
Funds deposited in this account shall be expended for vocational and technical training
projects, and supplies, equipment, and services related thereto."]
PART V
SECTION 11. The purpose of this part is to repeal the University of Hawaii alumni special fund.
The legislature finds that the special fund is not necessary.
SECTION 12. Section 304A-2175, Hawaii Revised Statutes, is repealed.
["[§304A-2175]
University of Hawaii alumni special fund. There is established the University
of Hawaii alumni special fund into which shall be deposited funds and proceeds received
by the university from alumni activities and donations from alumni. Funds deposited
into this special fund may be expended by the university for all costs associated
with conducting alumni affairs, activities, and programs for the university system,
including but not limited to expenses for honoraria, hotel and room rentals, food
and refreshment, printing and mailing, banners and signs, plaques and awards, airfare
and per diem, leis, rental of audiovisual, musical, and stage equipment, and activity
supplies and materials, without regard to statutory competitive bidding requirements."]
PART VI
SECTION 13. The purpose of this part is to repeal the animal research farm, Waialee, Oahu special fund.
The legislature finds that the special fund is not necessary. The University of Hawaii has ceased operation of the animal research farm.
SECTION 14. Section 304A-2177, Hawaii Revised Statutes, is repealed.
["[§304A-2177]
Animal research farm, Waialee, Oahu special fund. There is established
the animal research farm, Waialee, Oahu special fund for the animal research farm,
Waialee, Oahu, operated by the college of tropical agriculture and human resources
of the University of Hawaii, into which shall be deposited the receipts from fees
realized from the sale of livestock, services, and supplies. Funds deposited into
this special fund shall be expended for animal research, and services and supplies
related thereto."]
PART VII
SECTION 15. The purpose of this part is to address the public health nursing services special fund, which is the source of funding for the program providing case management services for medically fragile children.
More specifically, this part repeals the special fund, but retains the case management services program.
The legislature finds that the special fund has a relatively low balance and minimal activity. Thus, the legislature finds that the special fund is not necessary.
The legislature believes that case management services for medically fragile children is worthy of continuation. Accordingly, the legislature retains reference to the program in statute and intends that it be provided with general funds.
SECTION 16. Chapter 321, Hawaii Revised Statutes, is amended by amending the title of part XXXV to read as follows:
"[[]PART
XXXV.[] PUBLIC HEALTH NURSING SERVICES SPECIAL FUND] CASE MANAGEMENT
SERVICES FOR MEDICALLY FRAGILE CHILDREN"
SECTION 17. Section 321-432, Hawaii Revised Statutes, is amended to read as follows:
"[[]§321-432[]
Public health nursing services special fund. (a) There is established
within the state treasury a special fund to be known as the public health nursing
services special fund. The special fund shall be administered and expended by the
department of health in accordance with this section.
(b)] Case
management services for medically fragile children. The department of
health shall [expend the special funds to] provide ongoing case management
services and [to provide] staff training in case management services in collaboration
with the department of human services' medicaid early and periodic screening, diagnosis,
and treatment program, including but not limited to:
(1) Assessment of children who are medically fragile to determine service needs;
(2) Development of a specific care plan;
(3) Referral for and linkages to services to implement the specific care plan; and
(4) Monitoring and follow-up.
[(c) The special
fund shall consist of medicaid] Medicaid reimbursements received by the
department for case management services provided to families of medically fragile
children[.] shall be deposited into the general fund."
PART VIII
SECTION 18. The purpose of this part is to repeal the blind shop revolving and handicraft fund.
The legislature finds that the revolving fund has a relatively low balance. Thus, the legislature finds that the revolving fund is not necessary.
Although the revolving fund is repealed, this part retains the department of human services' authority to provide the blind workshop and home labor program using other sources of funding to be determined under the executive budget process.
SECTION 19. Section 347-12, Hawaii Revised Statutes, is amended to read as follows:
"§347-12
Blind shop [revolving] and handicraft [fund.] program.
The [department of budget and finance shall create and maintain a revolving fund
entitled "blind shop revolving and handicraft fund". This fund may be
used by the] department of human services [for] may provide a
workshop [purposes] or home labor [purposes] program for the
blind or others, who, in the opinion of the department of human services, will [be
benefited by such] benefit from the experience [and all moneys in
the fund may be expended for materials, machinery, and other facilities and for
the erection, operation, and conduct of such workshops and for the payment of such
compensation as the department of human services authorizes. All proceeds derived
from the sale of products of the workshops or the home labor shall be deposited
in the fund]. Under the program, the department may train blind or other
persons to produce crafts and other products for sale.
This section shall
be subject to any federal policies, rules, or regulations[, which] that
may be applicable in order to obtain federal aid or the cooperation of any federal
agency concerned."
PART IX
SECTION 20. The purpose of this part is to repeal the fee simple residential revolving fund.
The legislature finds that the present balance of the fee simple residential revolving fund is relatively small. More importantly, the legislature finds that the residential leasehold programs intended to be funded from the revolving fund have not been active in recent years. Consequently, there is no need for funds to operate the program and the fund should be repealed.
SECTION 21. Section 201H-211, Hawaii Revised Statutes, is amended to read as follows:
"§201H-211 Expenditures of revolving funds
under the corporation exempt from appropriation and allotment. Except as
to administrative expenditures, and except as otherwise provided by law,
expenditures from the revolving funds administered by the corporation under
subparts I and J of part III, relating to financing programs, or [sections]
section 201H‑80[,] or 201H-123[, or 516‑44]
may be made by the corporation without appropriation or allotment by the
legislature; provided that no expenditure shall be made from and no obligation
shall be incurred against any revolving fund in excess of the amount standing
to the credit of the fund or for any purpose for which the fund may not
lawfully be expended. Nothing in sections 37-31 to 37-41 shall require the
proceeds of the revolving funds identified in subparts I and J of part III[,]
or [sections] section 201H-80[,] or 201H-123[,
or 516‑44] to be reappropriated annually."
SECTION 22. Section 516-5, Hawaii Revised Statutes, is amended to read as follows:
"§516-5 Penalty. Any person who
violates this chapter shall be fined not more than $5,000 nor less than $1,000
or imprisoned not more than one year, or both. All fines collected shall be
deposited [in the fee simple [residential] revolving fund created by this
chapter.] into the general fund."
SECTION 23. Section 516-45, Hawaii Revised Statutes, is amended to read as follows:
"§516-45 General obligation bonds.
The director of finance may, from time to time, issue general obligation bonds
in such amounts as may be authorized by the legislature, for the purpose of
acquisition by the Hawaii housing finance and development corporation of
residential houselots within development tracts pursuant to chapter 516, part
II or for the acquisition of suitable properties to exchange pursuant to
section 516-24.5 or for the acquisition by the department of land and natural
resources under section 171-50.1 of suitable properties for exchange pursuant
to section 171-50.2 to effectuate the purpose of this chapter. The principal
and interest of general obligation bonds issued pursuant to this section shall
be reimbursed [to the general fund from the fee simple residential revolving
fund as provided in section 516-44.] by appropriate assessments of the
lessees. Pending the receipt of funds from the issuance and sale of
general obligation bonds, amounts required within the limits of legislative
authorization may be advanced to the Hawaii housing finance and development
corporation from the general fund of the State. Upon the receipt of the bond
funds, the general fund shall be reimbursed the amount advanced."
SECTION 24. Section 516-44, Hawaii Revised Statutes, is repealed.
["§516-44
Fee simple residential revolving fund. A fee simple residential
revolving fund is created. The funds appropriated for the purposes of this
chapter and chapter 519 and all moneys received or collected by the Hawaii
housing finance and development corporation under this chapter and chapter 519
shall be deposited in the revolving fund. Moneys collected to reimburse the
corporation from the lessees for their pro rata share of the direct costs
incurred by the corporation under this chapter shall be deposited into the
revolving fund. The proceeds in the funds shall first be used to pay the
principal and interest on bonds or other indebtedness issued by the
corporation, or by the State, and then for necessary expenses, including
indirect costs of the corporation in administering chapters 516 and 519.
Moneys in the
fund shall be used to pay all costs of chapters 516 and 519 including administration."]
PART X
SECTION 25. The following funds are abolished:
(1) The donations for voter registration drive trust account established in 1984 and administered by the department of accounting and general services;
(2) The Hawaii FYI - ICSD trust account administratively established in 1996 and administered by the department of accounting and general services;
(3) The parking control revolving fund escrow account administered by the department of accounting and general services;
(4) The returned ACH tax refunds trust account administratively established in 2004 and administered by the department of accounting and general services;
(5) The HDOA biocontrol foreign exploration special fund created in 2010 and administered by the department of agriculture;
(6) The Hawaii EUTF self-directed investments trust account created in 2007 and administered by the department of budget and finance; and
(7) An account controlled by the state commission on fatherhood,
and any remaining balances shall be transferred to the general fund.
SECTION 26. On July 1, 2015, all unexpended and unencumbered balances remaining in the accounts and funds repealed by this Act shall lapse to the credit of the general fund; provided that the director of finance shall transfer the unencumbered balance in the Captain Cook memorial fund to the state parks special fund.
PART XI
SECTION 27. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 28. This Act shall take effect on July 1, 2015.
Report Title:
Non-General Funds; Repeal; Transfer of Balances
Description:
Repeals various non-general funds and accounts and lapses the unencumbered balances to the general fund. Transfers the balance of the fee simple residential revolving fund to 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.
