Conservation License Plates

Creates a long-term supplemental funding source from the
voluntary sale of conservation license plates.  Stimulates other
voluntary contributions for endangered species recovery and youth
conservation programs.

THE SENATE                              S.B. NO.           33
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT


 1      SECTION 1.  The legislature recognizes that nearly three
 2 quarters of the documented extinctions in the United States are
 3 Hawaiian species.  The State of Hawaii currently has two hundred
 4 eighty officially listed threatened and endangered plants and
 5 animals with over one hundred more considered at risk.  Native
 6 forest birds continue to decline, many to the brink of
 7 extinction.  As many as twelve species that survived into the
 8 1970's may no longer exist and others survive at critically low
 9 numbers.  Recovery plans are being formulated for listed plants
10 and additional funds are needed to match federal grant moneys to
11 implement these plans.  Hawaii's unique natural heritage is at
12 stake and recent state budget cuts have resulted in the cutting
13 back of crucial endangered species recovery efforts.
14      To ensure the long-term survival of Hawaii's rare plants and
15 animals, the State must not only increase its recovery
16 investments, it must also educate and involve a new generation of
17 resource managers, Hawaii's youth, to become aware and
18 participate in the natural resource management efforts.  The
19 purpose of this Act is to reaffirm the State's commitment to the

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 1 long-term protection of Hawaii's unique natural heritage and
 2 youth conservation programs by creating a long-term supplemental
 3 funding source generated from the voluntary purchase of
 4 conservation license plates and supplemented by other private
 5 contributions.
 6      SECTION 2.  Section 171-19, Hawaii Revised Statutes, is
 7 amended by amending subsection (a) to read as follows:
 8      "(a)  There is created in the department a special fund to
 9 be designated as the "special land and development fund".
10 Subject to the Hawaiian Homes Commission Act of 1920, as amended,
11 and section 5(f) of the Admission Act of 1959, and except as
12 provided under section 171-138 for the industrial park special
13 fund, all proceeds of sale of public lands, including interest on
14 deferred payments; all rents from leases, licenses, and permits
15 derived from public lands; a portion of the highway fuel tax
16 collected under chapter 243; fees charged by the department for
17 the commercial use of public trails and trail accesses under the
18 jurisdiction of the department; and private contributions for the
19 management, maintenance, and development of trails and accesses,
20 moneys collected from the sale of any article purchased from the
21 department related to this section, moneys accrued from the sale
22 of conservation license plates, and grants and private

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 1 contributions for the management and recovery of Hawaii's unique
 2 plants and animals and youth conservation programs shall be set
 3 apart in the fund and shall be used only as authorized by the
 4 legislature for the following purposes:
 5      (1)  To reimburse the general fund of the State for advances
 6           made that are required to be reimbursed from the
 7           proceeds derived from sales, leases, licenses, or
 8           permits of public lands;
 9      (2)  For the maintenance of all lands under the control and
10           management of the board, including repairs or
11           improvements thereon; provided that the department
12           shall not expend in excess of $500,000 in any fiscal
13           year without the prior approval of the governor;
14      (3)  To repurchase any land, including improvements, in the
15           exercise by the board of any right of repurchase
16           specifically reserved in any patent, deed, lease, or
17           other [documents] document or as provided by law;
18      (4)  For the payment of all appraisal fees; provided that
19           all fees reimbursed to the board shall be deposited in
20           the fund;
21      (5)  For the payment of [publication] public notices as
22           required under this chapter; provided that all or a

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 1           portion of the expenditures may be charged to the
 2           purchaser or lessee of public lands or any interest
 3           therein under rules adopted by the board;
 4      (6)  For the management, maintenance, and development of
 5           trails and trail accesses under the jurisdiction of the
 6           department not to exceed $500,000 in any fiscal year;
 7           [and]
 8      (7)  For the payment to private land developers who have
 9           contracted with the board for development of public
10           lands under section 171-60[.];
11      (8)  For the replenishment of products for resale; and
12      (9)  For endangered species and youth conservation programs,
13           if the moneys were collected from the moneys accrued
14           from the sale of conservation license plates, and
15           grants and private contributions for the management and
16           recovery of Hawaii's unique plants and animals and
17           youth conservation programs."
18      SECTION 3.  Chapter 249, Hawaii Revised Statutes, is amended
19 by adding a new section to be appropriately designated and to
20 read as follows:
21      "249-     Special number plates; conservation.  (a)  In
22 addition to the number plates contracted on behalf of the

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 1 counties by the directors of finance of the several counties, the
 2 directors of finance may provide, upon request, conservation
 3 license plates for their respective counties.  The chairperson of
 4 the board of land and natural resources shall authorize the
 5 design of conservation license plates that represent Hawaii's
 6 unique plants and animals.  The designs shall be approved by the
 7 directors of finance and the chiefs of police of each county for
 8 their respective counties.  The conservation number plate shall
 9 be readily identifiable and distinguishable under actual traffic
10 conditions.  Except for color and design, conservation number
11 plates shall conform to the requirements provided for number
12 plates as to size, shape, and arrangements of letters and
13 numbers.
14      (b)  The chairperson shall determine the initial application
15 fee and annual renewal fee to be charged for the conservation
16 number plate.  These fees shall not be refundable.  The directors
17 of finance of the several counties shall retain a portion of the
18 fees collected under this section sufficient to cover the costs
19 of administering the conservation number plate program for their
20 respective counties.  The remaining funds shall be deposited into
21 the special land and development fund.
22      (c)  Number plates issued under this section shall not be

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 1 transferred to any other person upon transfer of ownership of a
 2 vehicle, except upon application and payment of the fee as
 3 provided in this section.  Prior to the transfer of ownership of
 4 the vehicle to another party, the conservation number plates
 5 shall be surrendered to the director of finance as a prerequisite
 6 for the issuance of replacement plates."
 7      SECTION 4.  There is appropriated out of the special land
 8 and development fund the sum of $60,000, or so much thereof as
 9 may be necessary for fiscal year 1999-2000, to be expended by the
10 department of land and natural resources for the purpose of this
11 Act.
12      SECTION 5.  Statutory material to be repealed is bracketed.
13 New statutory material is underscored.
14      SECTION 6.  This Act shall take effect on July 1, 1999.
16                           INTRODUCED BY:  _______________________