THE SENATE	S.B. NO.	159
TWENTY-EIGHTH LEGISLATURE, 2015		S.D. 1
STATE OF HAWAII

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  Section 6E-33, Hawaii Revised Statutes, is repealed.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be expendable by the comptroller from time to time for any of the purposes provided by this section, and any original historical documents or other articles, or copies, facsimiles, or replicas thereof, so collected, and copies of publications made under this section shall be deposited in the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.