Bill Text: HI SB752 | 2011 | Regular Session | Amended

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Bill Title: Community-Based Economic Development; Enterprise Zone Program; Department of Business, Economic Development, and Tourism Operation Special Fund; Temporary Surcharge

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Engrossed - Dead) 2011-04-28 - (S) Conference committee meeting to reconvene on 04-29-11 11:30AM in conference room 423. [SB752 Detail]

Download: Hawaii-2011-SB752-Amended.html

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THE SENATE	S.B. NO.	752
TWENTY-SIXTH LEGISLATURE, 2011		S.D. 2
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

 

 

RELATING TO ECONOMIC DEVELOPMENT.

 

 

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

 

PART I

     SECTION 1.  The purpose of this part is to amend the uses of the Hawaii community-based economic development revolving fund to include operational funding and a funding mechanism for the enterprise zone program.

     SECTION 2.  Section 210D-4, Hawaii Revised Statutes, is amended to read as follows:

     "§210D-4  Hawaii community-based economic development revolving fund; established.  (a)  There is established a revolving fund to be known as the Hawaii community-based economic development revolving fund [from which moneys shall be loaned or granted by the department under this chapter].  All moneys appropriated to the fund by the legislature, received as repayments of loans, payments of interest or fees, and all other moneys received by the fund from any other source shall be deposited into the revolving fund and used for the purposes of this chapter[.] and chapter 209E.

     (b)  The department [may] shall use all appropriations and other moneys in the revolving fund not appropriated for a designated purpose to [make grants or loans.]:

     (1)  Fund the operations of the community-based economic development technical and financial assistance program and the enterprise zone program established under chapter 209E, and the personnel costs of the respective programs for staff positions existing on November 1, 2009; provided that the use of moneys from the fund for current and future personnel costs shall be limited to those employees performing specialized duties and assigned solely to the respective programs;

     (2)  Fund the operating costs of the council; and

     (3)  Make grants and loans in accordance with this chapter."

     SECTION 3.  Section 210D-13, Hawaii Revised Statutes, is amended to read as follows:

     "§210D-13  Exemption from chapter 42F and chapter 103D.  The provisions of chapter 42F and chapter 103D shall not apply to the grants made pursuant to this chapter, but all grants made under this chapter shall be made only in accordance with the standards and conditions specified in section 210D-11."

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2011-2012 and the same sum or so much thereof as may be necessary for fiscal year 2012-2013 for deposit in the Hawaii community-based economic development revolving fund under section 210D-4, Hawaii Revised Statutes.

     SECTION 5.  There is appropriated out of the Hawaii community-based economic development revolving fund the sum of $           or so much thereof as may be necessary for fiscal year 2011-2012 and the same sum or so much thereof as may be necessary for fiscal year 2012-2013 for the operations of the community-based economic development technical and financial assistance program established under chapter 210D, Hawaii Revised Statutes, and the enterprise zone program established under chapter 209E, Hawaii Revised Statutes.

     The sums appropriated shall be expended by the department of business, economic development, and tourism for the purposes of this part.

PART II

     SECTION 6.  The purpose of this part is to clarify that moneys in the hydrogen investment capital special fund shall be expended by the Hawaii strategic development corporation.

     SECTION 7.  Section 211F-5.7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Moneys in the fund shall be [used] expended by the corporation to:

     (1)  Provide seed capital for and venture capital investments in private sector and federal projects for research, development, testing, and implementation of the Hawaii renewable hydrogen program, as set forth in section 196-10; and

     (2)  For any other purpose deemed necessary to carry out the purposes of section 196‑10."

PART III

     SECTION 8.  The legislature finds that the department of business, economic development, and tourism provides services and programs that promote economic development.  Thus, the legislature finds that the continued operation of the department is imperative for the recovery of the economy of the State.

     The legislature also finds that fees for business- and commerce-related permits and authorizations have a nexus with the business climate and economic performance of the State.  The legislature believes that the success of the department of business, economic development, and tourism in promoting the economy should result in increased business activities for most fee payers.  Consequently, the legislature finds that imposing a surcharge upon certain business- and commerce-related permit fees to fund the department of business, economic development, and tourism is appropriate.

     The purpose of this part is to:

     (1)  Establish a new special fund for the operation of the department of business, economic development, and tourism; and

     (2)  Impose a surcharge on certain business- and commerce-related fees and require the surcharge revenues to be deposited into the special fund.

     SECTION 9.  Chapter 92, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§92-    Surcharge upon fees for certain business- and commerce-related services by certain departments.  (a)  Beginning July 1, 2011, and ending on June 30, 2015, there shall be added a surcharge of $20 upon every fee charged by:

     (1)  The department of commerce and consumer affairs for the:

          (A)  Application, issuance, renewal, or reissuance of a license, permit, or other authorization for a profession, business, or occupation;

          (B)  Examination or audit of a person engaged in a profession, business, or occupation;

          (C)  Filing, registration, or renewal of a corporate      or other business document;

          (D)  Application for or registration of a trade name,      trademark, or service mark; or

          (E)  Tax on insurance premiums;

     (2)  The public utilities commission pertaining to the regulation of a public utility or the filing of any document; provided that this paragraph shall not apply to a telecommunications carrier that is the carrier of last resort;

     (3)  The department of labor and industrial relations pertaining to the regulation of a hoisting machine operator, blaster or pyrotechnics operator, safety and health professional, boiler installer or installation, and elevator mechanic or installation; and

     (4)  The department of taxation for the application, issuance, renewal, or reissuance of a license, permit, certificate, or other authorization required under the following taxes:

          (A)  General excise;

          (B)  Transient accommodations;

          (C)  Rental motor vehicle and tour vehicle;

          (D)  Liquor;

          (E)  Cigarette and tobacco;

          (F)  Liquid fuel;

          (G)  Public service company; and

          (H)  Bank and financial corporation.

     For purposes of this section, "fee" means a monetary amount charged by a department for a service specified in this subsection, no matter the nomenclature used to describe the amount charged.

     (b)  Each department or agency subject to subsection (a) shall impose and collect the appropriate surcharge and transmit the surcharge revenues to the director of finance for deposit into the department of business, economic development, and tourism operation special fund established under section

201-    .  The director of finance shall establish the deadlines by which the departments shall transmit the surcharge revenues to the director.

     (c)  No surcharge shall be added to the following:

     (1)  Any service for which no fee is charged;

     (2)  Any fine for a violation of a state law;

     (3)  Any fee for the dissemination or copying of a public record; or

     (4)  Any fee charged to a state, county, or federal agency."

     SECTION 10.  Chapter 201, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§201-     Department of business, economic development, and tourism operation special fund.  (a)  Beginning July 1, 2011, and ending on June 30, 2015, there is established, within the treasury of the State, the department of business, economic development, and tourism operation special fund.

     (b)  Moneys required to be deposited into the special fund under section 92-    shall be deposited by the director of finance.

     Any interest earned on moneys in the special fund shall be a realization of the general fund.

     (c)  Moneys in the special fund shall be expended for the operations of the department, including the salary and fringe benefit costs of department personnel.

     (d)  If, on June 30, 2015, there are unexpended and unencumbered moneys remaining in the special fund, the director of finance shall transfer those moneys to the general fund on July 1, 2015."

PART IV

     SECTION 11.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 12.  This Act shall take effect on July 1, 2112.

 

 

Report Title:

Community-Based Economic Development; Enterprise Zone Program; Department of Business, Economic Development, and Tourism Operation Special Fund; Temporary Surcharge

 

Description:

Amends the uses of the Hawaii Community-based Economic Development Revolving Fund to include operational and certain personnel funding for the community-based economic development program and its advisory council and the enterprise zone program.  Appropriates funds.  Clarifies that moneys in the Hydrogen Investment Capital Special Fund are to be expended by the Hawaii Strategic Development Corporation.  Establishes the Department of Business, Economic Development, and Tourism Operation Special Fund (DBEDT Fund).  Imposes a temporary surcharge on certain fees charged by certain departments for deposit into DBEDT Fund.  Effective July 1, 2112.  (SB752 HD1)

 

 

 

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