Bill Text: HI SB648 | 2011 | Regular Session | Amended

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Bill Title: Travel Agency Recovery Fund; Travel Agency Education Fund; Patients' Compensation Fund

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2011-02-16 - (S) Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [SB648 Detail]

Download: Hawaii-2011-SB648-Amended.html

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THE SENATE	S.B. NO.	648
TWENTY-SIXTH LEGISLATURE, 2011		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO SPECIAL FUNDS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that certain funds, established by statutes that have long been repealed, are effectively non-functional.  The legislature further finds that since the statutory purposes for which these funds were established have been repealed, these funds have outlived their usefulness to the State.  Finally, the legislature finds that the moneys currently languishing in these funds will serve the State more effectively if they are deposited into the general fund and, therefore, become accessible to the State.

     The purpose of this Act is to terminate certain funds for which the statutory authority has expired and to deposit the residual amounts left in each fund to the general fund.

     SECTION 2.  Section 28-8.3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  No department of the State other than the attorney general may employ or retain any attorney, by contract or otherwise, for the purpose of representing the State or the department in any litigation, rendering legal counsel to the department, or drafting legal documents for the department; provided that the foregoing provision shall not apply to the employment or retention of attorneys:

     (1)  By the public utilities commission, the labor and industrial relations appeals board, and the Hawaii labor relations board;

     (2)  By any court or judicial or legislative office of the State; provided that if the attorney general is requested to provide representation to a court or judicial office by the chief justice or the chief justice's designee, or to a legislative office by the speaker of the house of representatives and the president of the senate jointly, and the attorney general declines to provide such representation on the grounds of conflict of interest, the attorney general shall retain an attorney for the court, judicial, or legislative office, subject to approval by the court, judicial, or legislative office;

     (3)  By the legislative reference bureau;

     (4)  By any compilation commission that may be constituted from time to time;

     (5)  By the real estate commission for any action involving the real estate recovery fund;

     (6)  By the contractors license board for any action involving the contractors recovery fund;

    [(7)  By the trustees for any action involving the travel agency recovery fund;

     (8)] (7)  By the office of Hawaiian affairs;

    [(9)] (8)  By the department of commerce and consumer affairs for the enforcement of violations of chapters 480 and 485A;

   [(10)] (9)  As grand jury counsel;

   [(11)] (10)  By the Hawaiian home lands trust individual claims review panel;

   [(12)] (11)  By the Hawaii health systems corporation, or its regional system boards, or any of their facilities;

   [(13)] (12)  By the auditor;

   [(14)] (13)  By the office of ombudsman;

   [(15)] (14)  By the insurance division;

   [(16)] (15)  By the University of Hawaii;

   [(17)] (16)  By the Kahoolawe island reserve commission;

   [(18)] (17)  By the division of consumer advocacy;

   [(19)] (18)  By the office of elections;

   [(20)] (19)  By the campaign spending commission;

   [(21)] (20)  By the Hawaii tourism authority, as provided in section 201B-2.5;

   [(22)] (21)  By the division of financial institutions for any action involving the mortgage loan recovery fund; or

   [(23)] (22)  By a department, in the event the attorney general, for reasons deemed by the attorney general to be good and sufficient, declines to employ or retain an attorney for a department; provided that the governor [thereupon] waives the provision of this section."

     SECTION 3.  On July 1, 2011:

     (1)  All moneys in the travel agency recovery fund, the travel agency education fund, and the patients' compensation fund as of June 30, 2011, shall be transferred to the general fund of the State of Hawaii; and

     (2)  The travel agency recovery fund, the travel agency education fund, and the patients' compensation fund shall cease to exist.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2011.

 

 

 

Report Title:

Travel Agency Recovery Fund; Travel Agency Education Fund; Patients' Compensation Fund

 

Description:

Terminates certain funds for which the statutory authority has been repealed and deposits the residual amounts in each fund to the general fund; makes conforming amendment.  (SD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.