Bill Text: HI SB683 | 2014 | Regular Session | Introduced


Bill Title: Public Improvements; State Building Code Special Fund; Appropriation ($)

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [SB683 Detail]

Download: Hawaii-2014-SB683-Introduced.html

THE SENATE

S.B. NO.

683

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PUBLIC IMPROVEMENTS.

 

 

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

 


     SECTION 1.  Chapter 107, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§107-    State building code special fund.  (a)  There is created a state building code special fund to be administered by the department of accounting and general services.  Moneys shall be transferred into the state building code special fund in the amount of one quarter of one per cent of all state fund appropriations for capital improvements designated for the construction management cost element; provided that this transfer shall apply only to capital improvement appropriations that are designated for the construction or renovation of state buildings.  The one quarter of one per cent transfer requirement shall not apply to appropriations from the passenger facility charge special fund established by section 261-5.5 and the rental motor vehicle customer facility charge special fund established under section 261-5.6.

     (b)  The state building code special fund shall be used solely for the activities of the council described in section 107-24.

     (c)  The one quarter of one per cent transfer amount, which is included in all capital improvement appropriations, shall be calculated at the time the appropriation bills are signed into law.  The moneys shall be transferred into the state building code special fund upon availability of moneys from the appropriations.  Each agency receiving capital improvement appropriations shall calculate the one quarter of one per cent amount and transfer the moneys into the state building code special fund.

     (d)  The comptroller shall:

     (1)  Provide each agency receiving capital improvement appropriations with information regarding items that shall be included and excluded from the one quarter of one per cent amount;

     (2)  Ensure that each agency calculates its one quarter of one per cent amount correctly; and

     (3)  Ensure that each agency transfers the correct amount to the state building code special fund in a timely manner.

     (e)  The comptroller shall track amounts due from each agency under the one quarter of one per cent requirement as provided in this section."

     SECTION 2.  Section 431P-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The Hawaii hurricane relief fund shall have the following general powers:

     (1)  To sue and be sued;

     (2)  To make and alter policies for its organization and internal administration;

     (3)  To adopt rules in accordance with chapter 91 to effectuate the purposes of this chapter;

     (4)  To borrow moneys, including but not limited to moneys from state or federal sources and to issue notes or other obligations of the fund for the purposes of providing funds for any of its purposes as authorized by the legislature from time to time;

     (5)  To pledge, assign, or grant a security interest in all or any part of the moneys, rents, charges, assessments, or other revenue and any proceeds thereof derived by the fund; provided that any pledge, assignment, or grant of security interest shall constitute a lien and security interest on such money, rents, charges, assessments, or other revenue, and any proceeds thereof to the extent and with the priority set forth in the document establishing the pledge, assignment, or security interest, without the necessity for physical delivery, recording, or further act; and provided further that in effectuating any pledge, assignment, or grant of security interest, the fund may do either or both of the following:

         (A)  Transfer possession of collateral to its secured parties; or

         (B)  Execute and cause to be filed at the bureau of conveyances of the State of Hawaii, Uniform Commercial Code financing statements for the purpose of providing notice to third parties of a pledge, assignment, or grant of security interest; provided that any failure to file a financing statement or the filing of a financing statement that contains incomplete or inaccurate information shall not affect the perfected lien and security interest of the pledge, assignment, or grant of security interest; [and]

     (6)  Enter into contracts as necessary to effectuate the purposes of this chapter[.]; and

     (7)  Provide funding for the state building code special fund as provided under Act     , Session Laws of Hawaii 2013."

     SECTION 3.  There is appropriated out of the Hawaii hurricane relief fund established under section 431P-2, Hawaii Revised Statutes, the sum of $125,000 or so much thereof as may be necessary for fiscal year 2013-2014 for deposit to the state building code special fund created by section 1 of this Act.

     SECTION 4.  There is appropriated out of the state building code special fund established by section 1 of this Act the sum of $125,000 or so much thereof as may be necessary for fiscal year 2013-2014 for the activities of the state building council as described in section 107-24, Hawaii Revised Statutes.

     The sum appropriated shall be expended by the department of accounting and general services for the purposes of this Act.

     SECTION 5.  In printing this Act, the revisor of statutes shall insert in section 2 of this Act the corresponding act number of this Act.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2013; provided that section 2 shall be repealed on June 30, 2014, and section 431P-5(a), Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day prior to the effective date of this Act.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Public Improvements; State Building Code Special Fund; Appropriation

 

Description:

Creates the state building code special fund into which is deposited one quarter of one per cent of all state fund appropriations for capital improvement projects designated for the construction management cost element.  Makes appropriation from the hurricane relief fund for deposit into the state building code special fund.  Clarifies authority of Hurricane relief fund to make the appropriation.

 

 

 

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

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