REPORT TITLE:



DESCRIPTION:


 
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THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE DEPARTMENT OF THE ATTORNEY GENERAL. 



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

 1      SECTION 1.  Chapter 28, Hawaii Revised Statutes, is amended
 
 2 by adding to part I a new section to be appropriately designated
 
 3 and to read as follows:
 
 4      "28-  Collections fees.  Notwithstanding any other law to
 
 5 the contrary, the attorney general may set, by agreement with
 
 6 state agencies, fees, charges, or other payments for the pursuit
 
 7 and collection of delinquent accounts.
 
 8      All moneys collected pursuant to this section shall be
 
 9 deposited into the civil recoveries special fund established by
 
10 section 28- ."
 
11      SECTION 2.  Chapter 28, Hawaii Revised Statutes, is amended
 
12 by adding to part I a new section to be appropriately designated
 
13 and to read as follows:
 
14      "28-    Civil recoveries special fund.  (a)  There is
 
15 established in the state treasury the civil recoveries special
 
16 fund, into which shall be deposited:
 
17      (1)  All moneys collected pursuant to section 28-   for the
 
18           collection of moneys due and owing to the State;
 
19      (2)  Appropriations made by the legislature to the fund;
 

 
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 1      (3)  Interest earned on moneys in the fund; and
 
 2      (4)  Any other moneys that may be received by the department
 
 3           of the attorney general relating to the collection of
 
 4           delinquent accounts.
 
 5      (b)  The civil recoveries special fund shall be administered
 
 6 by the department of the attorney general.  The department shall
 
 7 pay to its client agencies out of the civil recoveries special
 
 8 fund the net amount due to each client from collections made.
 
 9 Moneys in the civil recoveries special fund shall be used for the
 
10 following purposes:
 
11      (1)  Fees, charges, or other payments for pursuing and
 
12           collecting delinquent accounts;
 
13      (2)  Personnel costs, equipment acquisition, and operating
 
14           and administrative costs necessary for pursuing and
 
15           collecting delinquent accounts; and
 
16      (3)  Any other purpose deemed necessary by the department
 
17           for the purpose of pursuing and collecting delinquent
 
18           accounts."
 
19      SECTION 3.  Chapter 40, Hawaii Revised Statutes, is amended
 
20 by adding a new section to be appropriately designated and to
 
21 read as follows:
 
22      "40-    Delinquent accounts; collection costs.  Fees,
 
23 charges, or other payments incurred for the pursuit and
 

 
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 1 collection of delinquent accounts from any special or revolving
 
 2 fund shall be a permitted expenditure of that fund."
 
 3      SECTION 4.  Section 36-27, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "36-27  Transfers from special funds for central service
 
 6 expenses.  Except as provided in this section, and
 
 7 notwithstanding any other law to the contrary, from time to time
 
 8 the director of finance, for the purpose of defraying the
 
 9 prorated estimate of central service expenses of government in
 
10 relation to all special funds, except the:
 
11      (1)  Special summer school and intersession fund under
 
12           section 302A-1310;
 
13      (2)  School cafeteria special funds of the department of
 
14           education;
 
15      (3)  Special funds of the University of Hawaii;
 
16      (4)  State educational facilities improvement special fund;
 
17      (5)  Convention center capital special fund under section
 
18           206X-10.5 and the convention center operations special
 
19           fund under section 206X-10.6;
 
20      (6)  Special funds established by section 206E-6;
 
21      (7)  Housing loan program revenue bond special fund;
 
22      (8)  Housing project bond special fund;
 
23      (9)  Aloha Tower fund created by section 206J-17;
 
24     (10)  Domestic violence prevention special fund under section
 

 
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 1           321-1.3;
 
 2     (11)  Spouse and child abuse special account under section
 
 3           346-7.5;
 
 4     (12)  Spouse and child abuse special account under section
 
 5           601-3.6;
 
 6     (13)  Funds of the employees' retirement system created by
 
 7           section 88-109;
 
 8     (14)  Unemployment compensation fund established under
 
 9           section 383-121;
 
10     (15)  Hawaii hurricane relief fund established under chapter
 
11           431P;
 
12     (16)  Hawaii health systems corporation special funds;
 
13     (17)  Boiler and elevator safety revolving fund established
 
14           under section 397-5.5;
 
15     (18)  Tourism special fund established under section [[]201B-
 
16           11[]]; [and]
 
17     (19)  Department of commerce and consumer affairs' special
 
18           funds; and
 
19     (20)  Civil recoveries special fund established under section
 
20           28-   ; 
 
21 shall deduct five percent of all receipts of all other special
 
22 funds; which deduction shall be transferred to the general fund
 

 
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 1 of the State and become general realizations of the State.  All
 
 2 officers of the State and other persons having power to allocate
 
 3 or disburse any special funds shall cooperate with the director
 
 4 in effecting these transfers.  To determine the proper revenue
 
 5 base upon which the central service assessment is to be
 
 6 calculated, the director shall adopt rules pursuant to chapter 91
 
 7 for the purpose of suspending or limiting the application of the
 
 8 central service assessment of any fund.  No later than twenty
 
 9 days prior to the convening of each regular session of the
 
10 legislature, the director shall report all central service
 
11 assessments made during the preceding fiscal year."
 
12      SECTION 5.  Section 36-30, Hawaii Revised Statutes, is
 
13 amended by amending subsection (a) to read as follows:
 
14      "(a)  Each special fund, except the:
 
15      (1)  Transportation use special fund established by section
 
16           261D-1;
 
17      (2)  Special summer school and intersession fund under
 
18           section 302A-1310;
 
19      (3)  School cafeteria special funds of the department of
 
20           education;
 
21      (4)  Special funds of the University of Hawaii;
 
22      (5)  State educational facilities improvement special fund;
 
23      (6)  Special funds established by section 206E-6;
 

 
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 1      (7)  Aloha Tower fund created by section 206J-17;
 
 2      (8)  Domestic violence prevention special fund under section
 
 3           321-1.3;
 
 4      (9)  Spouse and child abuse special account under section
 
 5           346-7.5;
 
 6     (10)  Spouse and child abuse special account under section
 
 7           601-3.6;
 
 8     (11)  Funds of the employees' retirement system created by
 
 9           section 88-109;
 
10     (12)  Unemployment compensation fund established under
 
11           section 383-121;
 
12     (13)  Hawaii hurricane relief fund established under chapter
 
13           431P;
 
14     (14)  Convention center capital special fund established
 
15           under section 206X-10.5 and the convention center
 
16           operations special fund established under section 206X-
 
17           10.6;
 
18     (15)  Hawaii health systems corporation special funds; [and]
 
19     (16)  Tourism special fund established under section
 
20           [[]201B-11[]]; and
 
21     (17)  Civil recoveries special fund established under section
 
22           28-  ; 
 
23 shall be responsible for its pro rata share of the administrative
 

 
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 1 expenses incurred by the department responsible for the
 
 2 operations supported by the special fund concerned."
 
 3      SECTION 6.  Act 216, Session Laws of Hawaii 1997, is amended
 
 4 by amending section 13 to read as follows:
 
 5      "SECTION 13.  This Act shall take effect on July 1, 1997,
 
 6 and shall be repealed on June 30, 2000; provided that [any]:
 
 7      (1)  Any statutory or session law material in this Act in
 
 8           existence on June 30, 1997, shall be reenacted on
 
 9           July 1, 2000, in the same form in which it existed on
 
10           June 30, 1997[.]; and
 
11      (2)  Sections 36-27 and 36-30, Hawaii Revised Statutes,
 
12 shall be reenacted in the form in which they read as of June 30,
 
13 1997, as further amended by sections 4 and 5 of Act   , Session
 
14 Laws of Hawaii 1999."
 
15      SECTION 7.  There is appropriated out of the general
 
16 revenues of the State of Hawaii the sum of $        , or so much
 
17 thereof as may be necessary, for fiscal year 1999-2000 to be
 
18 deposited into the civil recoveries special fund for the purposes
 
19 of the fund.
 
20      SECTION 8.  There is appropriated out of the civil
 
21 recoveries special fund the sum of $        , or so much thereof
 
22 as may be necessary, for fiscal year 1999-2000 for the purposes
 
23 of the fund.
 

 
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 1      SECTION 9.  The sums appropriated by this Act shall be
 
 2 expended by the department of the attorney general.
 
 3      SECTION 10.  In printing this Act, the revisor of statutes
 
 4 shall insert the appropriate number of this Act in section 6. 
 
 5      SECTION 11.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 12.  This Act shall take effect on July 1, 1999. 
 
 8 
 
 9                           INTRODUCED BY:  _______________________
 

 
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