Report Title:

Convention Center Authority; Special Fund; Repeal

 

Description:

States that the convention center authority act "is repealed" rather than "shall automatically expire", on 6/30/00. Deletes obsolete internal cross references in the Hawaii Revised Statutes to the convention center capital and operations special fund established under repealed section 206X-10.5, HRS.

THE SENATE

S.B. NO.

2459

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE CONVENTION CENTER AUTHORITY.

 

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

SECTION 1. The legislature finds that the convention center authority "automatically expired" on June 30, 2000, pursuant to section 9 of Act 98, Session Laws of Hawaii 1999.

However, the legislature finds that this automatic expiration language is ambiguous, since the language typically used to effectuate the repeal of an act is to simply state that the act is "repealed". Moreover, the term "repealed" is a term that has a clear legal consequence, whereas the intent of the phrase "shall automatically expire", as used in Act 98, is less clear.

The legislature further finds that the automatic expiration language was originally used in the act that enacted the convention center authority, namely, Act 96, Session Laws of Hawaii 1988, in which the authority was referred to as the "Waikiki convention center authority". Section 3 of that Act stated that the Act "shall automatically expire" unless "the private developer's plan for the convention center facility is approved by the authority within three years from the initial empanelling of all of the members of the Waikiki convention center authority...". While this condition was eventually deleted in a subsequent amendment, the automatic expiration language was retained.

In addition, the legislature finds that several other sections of the Hawaii Revised Statutes that have internal cross references to the convention center authority in chapter 206X, Hawaii Revised Statutes -- specifically, to the convention center capital and operations special fund established under section 206X-10.5 -- need to be amended to delete references to that "automatically expired" section.

Accordingly, the purpose of this Act is to remove the ambiguity surrounding the use of the "automatically expired" language with respect to the convention center authority by stating specifically that the "expired" laws are repealed and to delete obsolete references in the Hawaii Revised Statutes to the convention center capital and operations special fund established under repealed section 206X-10.5, Hawaii Revised Statutes.

SECTION 2. Section 36-27, Hawaii Revised Statutes, is amended to read as follows:

"§36-27 Transfers from special funds for central service expenses. Except as provided in this section, and notwithstanding any other law to the contrary, from time to time, the director of finance, for the purpose of defraying the prorated estimate of central service expenses of government in relation to all special funds, except the:

    1. Special summer school and intersession fund under section 302A-1310;
    2. School cafeteria special funds of the department of education;
    3. Special funds of the University of Hawaii;
    4. State educational facilities improvement special fund;

    [(5) Convention center capital and operations special fund under section 206X-10.5;

(6)] (5) Special funds established by section 206E-6;

    [(7)] (6) Housing loan program revenue bond special fund;

    [(8)] (7) Housing project bond special fund;

    [(9)] (8) Aloha Tower fund created by section 206J-17;

   [(10)] (9) Domestic violence prevention special fund under section 321-1.3;

   [(11)] (10) Spouse and child abuse special account under section 346-7.5;

   [(12)] (11) Spouse and child abuse special account under section 601-3.6;

   [(13)] (12) Funds of the employees' retirement system created by section 88-109;

   [(14)] (13) Unemployment compensation fund established under section 383-121;

   [(15)] (14) Hawaii hurricane relief fund established under chapter 431P;

   [(16)] (15) Hawaii health systems corporation special funds;

   [(17)] (16) Boiler and elevator safety revolving fund established under section 397-5.5;

   [(18)] (17) Tourism special fund established under section 201B-11;

   [(19)] (18) Department of commerce and consumer affairs' special funds;

   [(20)] (19) Compliance resolution fund established under section 26-9;

   [(21)] (20) Universal service fund established under chapter 269;

   [(22)] (21) Integrated tax information management systems special fund under section 231-3.2;

   [(23)] (22) Insurance regulation fund under section 431:2-215;

   [(24)] (23) Hawaii tobacco settlement special fund under section 328L-2;

   [(25)] (24) Emergency budget and reserve fund under section 328L-3;

   [(26)] (25) Probation services special fund under section 706-649; and

   [(27)] (26) High technology special fund under section 206M-15.5;

shall deduct five per cent of all receipts of all other special funds, which deduction shall be transferred to the general fund of the State and become general realizations of the State. All officers of the State and other persons having power to allocate or disburse any special funds shall cooperate with the director in effecting these transfers. To determine the proper revenue base upon which the central service assessment is to be calculated, the director shall adopt rules pursuant to chapter 91 for the purpose of suspending or limiting the application of the central service assessment of any fund. No later than twenty days prior to the convening of each regular session of the legislature, the director shall report all central service assessments made during the preceding fiscal year."

SECTION 3. Section 36-30, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Each special fund, except the:

(1) Transportation use special fund established by section 261D-1;

(2) Special summer school and intersession fund under section 302A-1310;

(3) School cafeteria special funds of the department of education;

(4) Special funds of the University of Hawaii;

(5) State educational facilities improvement special fund;

(6) Special funds established by section 206E-6;

(7) Aloha Tower fund created by section 206J-17;

(8) Domestic violence prevention special fund under section 321-1.3;

(9) Spouse and child abuse special account under section 346-7.5;

(10) Spouse and child abuse special account under section 601-3.6;

(11) Funds of the employees' retirement system created by section 88-109;

(12) Unemployment compensation fund established under section 383-121;

(13) Hawaii hurricane relief fund established under chapter 431P;

[(14) Convention center capital and operations special fund established under section 206X-10.5;

    (15)] (14) Hawaii health systems corporation special funds;

   [(16)] (15) Tourism special fund established under section 201B-11;

   [(17)] (16) Compliance resolution fund established under section 26-9;

   [(18)] (17) Universal service fund established under chapter 269;

   [(19)] (18) Integrated tax information management systems special fund;

   [(20)] (19) Insurance regulation fund under section 431:2-215;

   [(21)] (20) Hawaii tobacco settlement special fund under section 328L-2;

   [(22)] (21) Emergency and budget reserve fund under section 328L-3;

   [(23)] (22) Probation services special fund under section 706-649; and

   [(24)] (23) High technology special fund under section 206M-15.5;

shall be responsible for its pro rata share of the administrative expenses incurred by the department responsible for the operations supported by the special fund concerned."

SECTION 4. Section 237D-6.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Beginning on [January 1, 1999[,]] June 30, 2000, revenues collected under this chapter shall be distributed as follows:

(1) 17.3 per cent of the revenues collected under this chapter shall be deposited into the [convention center capital and operations special fund established under section 206X-10.5;] ;

(2) 37.9 per cent of the revenues collected under this chapter shall be deposited into the tourism special fund established under section 201B-11; and

(3) 44.8 per cent of the revenues collected under this chapter shall be transferred as follows: Kauai county shall receive 14.5 per cent, Hawaii county shall receive 18.6 per cent, city and county of Honolulu shall receive 44.1 per cent, and Maui county shall receive 22.8 per cent.

All transient accommodations taxes shall be paid into the state treasury each month within ten days after collection, and shall be kept by the state director of finance in special accounts for distribution as provided in this subsection."

SECTION 5. Act 96, Session Laws of Hawaii 1988, as amended by Act 159, Session Laws of Hawaii 1992; Act 241, Session Laws of Hawaii 1993; Act 75, Session Laws of Hawaii 1994; Act 156, Session Laws of Hawaii 1998; and Act 98, Session Laws of Hawaii 1999, is amended by amending section 3 to read as follows:

"SECTION 3. This Act [shall automatically expire] is repealed on June 30, 2000. The auditor shall continue to audit and monitor the progress made by the convention center authority in resolving various outstanding issues and problems so as to assure the legislature that these issues have been addressed on or before June 30, 2000. By February 28, 2000, the auditor shall submit a management audit report to the legislature on the effectiveness of the steps taken by the convention center authority to resolve traffic, noise, and other outstanding claims against the authority. The management audit may include financial audit issues that the auditor deems appropriate.

In the event any judicial or quasi-judicial proceeding is commenced regarding the validity of this Act or any section of this Act, or any action of the authority, the running of the period shall be suspended until a final nonappealable determination is made in the judicial or quasi-judicial proceeding."

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

SECTION 7. This Act shall take effect upon its approval; provided that section 5 of this Act shall take effect retroactive to June 29, 1999.

INTRODUCED BY:

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