REPORT TITLE:
Land Division Special Fund


DESCRIPTION:
Allows for the deposit of moneys collected from lessees of public
lands within industrial parks into the special Land and
Development Fund.  Abolishes the Industrial Special Fund and
transfers the fund balance and liabilities to the Special Land
and Development Fund.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2573
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                S.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE SPECIAL FUNDS OF THE LAND DIVISION.


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

 1      SECTION 1.  Section 171-19, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  There is created in the department a special fund to
 
 4 be designated as the "special land and development fund".
 
 5 Subject to the Hawaiian Homes Commission Act of 1920, as amended,
 
 6 and section 5(f) of the Admission Act of 1959[, and except as
 
 7 provided under section 171-138 for the industrial park special
 
 8 fund], all proceeds of sale of public lands, including interest
 
 9 on deferred payments; all rents from leases, licenses, and
 
10 permits derived from public lands; all moneys collected from
 
11 lessees of public lands within industrial parks; all fees, fines,
 
12 and other administrative charges collected under this chapter[;]
 
13 and chapter 183C; a portion of the highway fuel tax collected
 
14 under chapter 243; fees charged by the department for the
 
15 commercial use of public trails and trail accesses under the
 
16 jurisdiction of the department; and private contributions for the
 
17 management, maintenance, and development of trails and accesses
 
18 shall be set apart in the fund and shall be used only as
 
19 authorized by the legislature for the following purposes:
 
20      (1)  To reimburse the general fund of the State for advances
 

 
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 1           made that are required to be reimbursed from the
 
 2           proceeds derived from sales, leases, licenses, or
 
 3           permits of public lands;
 
 4      (2)  For the planning, development, management, operations,
 
 5           or maintenance of all lands and improvements under the
 
 6           control and management of the board, including but not
 
 7           limited to permanent or temporary staff positions who
 
 8           may be appointed without regard to [[]chapters[]] 76
 
 9           and 77;
 
10      (3)  To repurchase any land, including improvements, in the
 
11           exercise by the board of any right of repurchase
 
12           specifically reserved in any patent, deed, lease, or
 
13           other documents or as provided by law;
 
14      (4)  For the payment of all appraisal fees; provided that
 
15           all fees reimbursed to the board shall be deposited in
 
16           the fund;
 
17      (5)  For the payment of publication notices as required
 
18           under this chapter; provided that all or a portion of
 
19           the expenditures may be charged to the purchaser or
 
20           lessee of public lands or any interest therein under
 
21           rules adopted by the board;
 
22      (6)  For the management, maintenance, and development of
 
23           trails and trail accesses under the jurisdiction of the
 

 
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 1           department not to exceed $500,000 in any fiscal year;
 
 2      (7)  For the payment to private land developers who have
 
 3           contracted with the board for development of public
 
 4           lands under section 171-60; [and]
 
 5      (8)  For the payment of debt service on revenue bonds issued
 
 6           by the department, and the establishment of debt
 
 7           service and other reserves deemed necessary by the
 
 8           board;
 
 9      (9)  To reimburse the general fund for debt service on
 
10           general obligation bonds issued to finance departmental
 
11           projects, where the bonds are designated to be
 
12           reimbursed from the special land and development fund;
 
13           and
 
14     [(8)] (10)  For other purposes of this chapter."
 
15      SECTION 2.  Section 171-138, Hawaii Revised Statutes, is
 
16 repealed.
 
17      ["171-138  Industrial park special fund.(a)  There is
 
18 established within the treasury of the State the industrial park
 
19 special fund.  The proceeds of the special fund shall be used for
 
20 the following purposes:
 
21      (1)  Planning, design, improvement, construction, land
 
22           acquisition, and equipment necessary for the
 
23           development or maintenance of industrial parks;
 

 
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 1      (2)  Constructing, operating, maintaining, and improving
 
 2           infrastructure and other public or common facilities
 
 3           within industrial parks;
 
 4      (3)  Payment of debt service on revenue bonds issued by the
 
 5           department for industrial park purposes, and the
 
 6           establishment of debt service and other reserves deemed
 
 7           necessary by the board;
 
 8      (4)  Reimbursement of the general fund for debt service on
 
 9           general obligation bonds issued to finance industrial
 
10           park projects, where the bonds are designated to be
 
11           reimbursable out of the industrial park special fund;
 
12           and
 
13      (5)  Any other purpose deemed necessary by the board for the
 
14           purpose of planning, improving, developing, operating,
 
15           and maintaining industrial parks.
 
16      (b)  The following shall be deposited into the special fund:
 
17      (1)  Appropriations by the legislature to the special fund;
 
18      (2)  Lease rents collected from eligible lessees of public
 
19           lands within industrial parks;
 
20      (3)  Assessments collected from eligible lessees of public
 
21           lands within industrial parks which are charged by the
 
22           board pursuant to conditions in the leases; and
 
23      (4)  Interest earned or accrued on moneys in the special
 

 
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 1           fund."]
 
 2      SECTION 3.  The director of finance shall transfer the
 
 3 unexpended balance, including encumbrances and accrued
 
 4 liabilities, of the industrial park special fund calculated as of
 
 5 the close of business on June 30, 2000, to the credit of the
 
 6 special land and development fund.  Encumbered moneys shall
 
 7 continue to be encumbered until paid out or released from prior
 
 8 encumbrances.
 
 9      SECTION 4.  There is appropriated out of the special land
 
10 and development fund the sum of $2,000,000, or so much thereof as
 
11 may be necessary, for fiscal year 2000-2001 for purposes of this
 
12 fund.  The sum appropriated shall be expended by the department
 
13 of land and natural resources for the purposes of this fund.
 
14      SECTION 5.  Statutory material to be repealed is bracketed.
 
15 New statutory material is underscored.
 
16      SECTION 6.  This Act shall take effect on June 29, 2000,
 
17 except that sections 1, 2, and 4 shall take effect on
 
18 July 1, 2000.