Bill Text: HI SB2553 | 2016 | Regular Session | Amended
Bill Title: Non-General Funds; Repeal; Transfer of Balances
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Passed) 2016-05-02 - Act 042, 04/29/2016 (Gov. Msg. No. 1142). [SB2553 Detail]
Download: Hawaii-2016-SB2553-Amended.html
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THE SENATE |
S.B. NO. |
2553 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
H.D. 1 |
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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
SECTION 1. The purpose of this Act is to repeal and abolish various non-general funds and accounts pursuant to the recommendations made by the auditor in auditor's report no. 15-19.
PART II
SECTION 2. The purpose of this part is to repeal the child care licensing and registration special fund.
The legislature finds that the fund no longer serves the purpose for which it was created.
SECTION 3. Section 346-159, Hawaii Revised Statutes, is repealed.
["[§346-159] Child care licensing
and registration special fund. (a) There is established within the
state treasury, to be administered by the department, the child care licensing
and registration special fund into which shall be deposited:
(1) All fees received from applicants for a
license to operate group child care homes or group child care centers as
provided in section 346-163 and from applicants for a certificate of
registration for family child care homes as provided in section 346-173;
(2) Appropriations made by the legislature
to the fund; and
(3) Any other revenues designated for the
fund.
(b) Moneys in the child care licensing and
registration special fund shall be used for the following purposes:
(1) The costs of administering child care
licensing and registration;
(2) Furthering the provision of quality
child care services; and
(3) Any other purpose deemed necessary by
the department to ensure the health and safety of children.
(c) All interest on special fund balances
shall accrue to the credit of the special fund. Upon dissolution of the child
care licensing and registration special fund, any unencumbered moneys in the
fund shall lapse to the credit of the general fund."]
SECTION 4. On July 1, 2016, all unencumbered balances remaining in the child care licensing and registration special fund repealed by section 3 of this Act shall lapse to the credit of the general fund.
PART III
SECTION 5. The purpose of this part is to repeal the housing first special fund.
The legislature finds that the fund does not meet the self-sustaining criterion because it relies on general fund appropriations. Thus, the fund should be repealed.
SECTION 6. Section 346-378, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The department of human services, in
consultation with the United States Department of Housing and Urban
Development, as necessary, shall implement housing first programs and services,
as the department deems appropriate for clientele who would most likely benefit
from and succeed with the implementation of housing first programs and services,
and subject to the availability of existing funds [or housing first special
fund moneys]."
SECTION 7. Section 346-377, Hawaii Revised Statutes, is repealed.
["[§346-377]
Housing first special fund. (a) There is established in the state
treasury the housing first special fund, into which shall be deposited:
(1) Appropriations by the legislature to
the special fund; and
(2) Gifts, donations, and grants from
public agencies and private persons.
Each county may provide matching funds,
which shall also be deposited into the housing first special fund.
(b) Moneys in the housing first special
fund shall be administered and expended by the department of human services and
shall be used to provide housing first programs and services."]
SECTION 8. On July 1, 2016, all unencumbered balances remaining in the housing first special fund repealed by section 7 of this Act shall lapse to the credit of the general fund.
PART IV
SECTION 9. The purpose of this part is to repeal the housing project bond special funds.
The legislature finds that the funds do not serve the purposes for which they were created.
SECTION 10. Section 356D-23, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The trustee shall also be authorized
by the authority [to hold and administer any housing project bond special
funds established pursuant to section 356D-28, and] to receive and receipt
for, hold, and administer the revenues derived by the authority from any public
housing project or projects for which the bonds are issued or the projects
pledged to the payment of the bonds, and to apply the revenues to the payment
of the cost of administering, operating, and maintaining the public housing
project or projects, to pay the principal of and the interest on the bonds, to
the establishment of reserves, and to other purposes as may be authorized in
the proceedings providing for the issuance of the bonds."
SECTION 11. Section 356D-28, Hawaii Revised Statutes, is amended to read as follows:
"[[]§356D-28[]] Public
housing revolving fund[; housing project bond special funds]. (a)
There is established the public housing revolving fund to be administered by
the authority. Notwithstanding section 36-21, the proceeds in the fund shall
be used for long-term and other special financings of the authority and for
necessary expenses in administering this chapter.
(b) All moneys received and collected by the authority, not otherwise pledged, obligated, or required by law to be placed in any other special fund, shall be deposited into the public housing revolving fund.
[(c) A separate special fund shall be
established for each public housing project or projects financed from the
proceeds of bonds secured under the trust indenture. Each fund shall be
designated "housing project bond special fund" and shall bear any
additional designation as the authority deems appropriate to properly identify
the fund.
(d) Notwithstanding any other law to the
contrary, all revenues, income, and receipts derived from a public housing
project or projects financed from the proceeds of bonds or pledged to the
payment of principal of and interest and premium on bonds, shall be paid into
the housing project bond special fund established for the public housing
project or projects and applied as provided in the proceedings authorizing the
issuance of bonds.]"
SECTION 12. On July 1, 2016, all unencumbered balances remaining in all housing project bond special funds repealed by section 11 of this Act shall lapse to the credit of the general fund.
PART V
SECTION 13. The temporary deposits - payroll overpayment housing and community development corporation of Hawaii trust fund, administratively created in 2006, is reclassified as a trust account.
PART VI
SECTION 14. The following funds and accounts are abolished:
(1) The blueprint for change program special fund administratively established in 2010;
(2) The costs related to homeless assistance special fund administratively established in 2003;
(3) The Hale Mahaolu special fund administratively created in 2010;
(4) The Hawai‘i immigrant health initiative program special fund administratively created in 2010;
(5) The outreach services special fund administratively created in 2010;
(6) The outreach services to located uninsured children special fund administratively created in 2010;
(7) The outstationed eligibility worker services special fund administratively created in 2010;
(8) The shelter plus care program special fund administratively created in 2010;
(9) The support domestic violence shelters statewide special fund administratively established in 2010; and
(10) The financial assistance for housing special fund administratively established in 2001;
and any remaining unencumbered balances shall be transferred to the emergency and budget reserve fund established pursuant to section 328L-3, Hawaii Revised Statutes.
PART VII
SECTION 15. The following funds and accounts are abolished:
(1) The blind shop revolving and handicraft fund established by section 347-12, Hawaii Revised Statutes, which has been repealed by Act 147, Session Laws of Hawaii 2015;
(2) The department of human services homeless trust fund created in 2006;
(3) The Geist foundation trust account created in 1997;
(4) Kahikolu ‘Ohana O Wai‘anae project trust fund created in 2007; and
(5) The recruitment of foster parents trust account created in 1987;
and any remaining unencumbered balances shall be transferred to the general fund.
PART VIII
SECTION 16. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 17. This Act shall take effect on July 1, 2016.
Report Title:
Non-General Funds; Repeal; Transfer of Balances
Description:
Repeals and transfers the unencumbered balances of various non-general funds and accounts recommended by the Auditor in Auditor's Report No. 15-19. (SB2553 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
