Report Title:

Special Funds; Revolving Funds; Transfer of Funds

Description:

Authorizes the transfer of excess revenues in special funds, revolving funds, and special accounts to the credit of the general fund. Reduces the balance ceiling for the environmental health education special fund. Repeals governor's ability to transfer excess balances of special funds. (SD1)

THE SENATE

S.B. NO.

1491

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to state government.

 

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

PART I

SECTION 1. The legislature determines that there is in the animal quarantine special fund at least $600,000 in excess of the requirements of the fund. On July 1, 2004, the director of finance is authorized to transfer from the animal quarantine special fund to the general fund the sum of $600,000 or so much thereof as may be necessary for fiscal year 2004-2005.

SECTION 2. The legislature determines that there is in the motor pool revolving fund at least $900,000 in excess of the requirements of the fund. On July 1, 2004, the director of finance is authorized to transfer from the motor pool revolving fund to the general fund the sum of $900,000 or so much thereof as may be necessary for fiscal year 2004-2005.

SECTION 3. The legislature determines that there is in the parking revolving fund at least $400,000 in excess of the requirements of the fund. On July 1, 2004, the director of finance is authorized to transfer from the parking revolving fund to the general fund the sum of $400,000 or so much thereof as may be necessary for fiscal year 2004-2005.

SECTION 4. The legislature determines that there is in the stadium special fund at least $600,000 in excess of the requirements of the fund. On July 1, 2004, the director of finance is authorized to transfer from the stadium special fund to the general fund the sum of $600,000 or so much thereof as may be necessary for fiscal year 2004-2005.

SECTION 5. The legislature determines that there is in the state identification revolving fund at least $296,000 in excess of the requirements of the fund. On July 1, 2004, the director of finance is authorized to transfer from the state identification revolving fund to the general fund the sum of $296,000 or so much thereof as may be necessary for fiscal year 2004-2005.

SECTION 6. The legislature determines that there is in the tobacco enforcement special fund at least $500,000 in excess of the requirements of the fund. On July 1, 2004, the director of finance is authorized to transfer from the tobacco enforcement special fund to the general fund the sum of $500,000 or so much thereof as may be necessary for fiscal year 2004-2005.

SECTION 7. The legislature determines that there is in the Aloha Tower fund at least $750,000 in excess of the requirements of the fund. On July 1, 2004, the director of finance is authorized to transfer from the Aloha Tower fund to the general fund the sum of $750,000 or so much thereof as may be necessary for fiscal year 2004-2005.

SECTION 8. The legislature determines that there is in the dwelling unit revolving fund at least $8,000,000 in excess of the requirements of the fund. On July 1, 2004, the director of finance is authorized to transfer from the dwelling unit revolving fund to the general fund the sum of $8,000,000 or so much thereof as may be necessary for fiscal year 2004-2005.

SECTION 9. The legislature determines that there is in the convention center enterprise special fund at least $750,000 in excess of the requirements of the fund. On July 1, 2004, the director of finance is authorized to transfer from the convention center enterprise special fund to the general fund the sum of $750,000 or so much thereof as may be necessary for fiscal year 2004-2005.

SECTION 10. The legislature determines that there is in the foreign trade zones special fund at least $250,000 in excess of the requirements of the fund. On July 1, 2004, the director of finance is authorized to transfer from the foreign trade zones special fund to the general fund the sum of $250,000 or so much thereof as may be necessary for fiscal year 2004-2005.

SECTION 11. The legislature determines that there is in the capital loan revolving fund at least $1,500,000 in excess of the requirements of the fund. On July 1, 2004, the director of finance is authorized to transfer from the capital loan revolving fund to the general fund the sum of $1,500,000 or so much thereof as may be necessary for fiscal year 2004-2005.

SECTION 12. The legislature determines that there is in the Hawaii community development revolving fund at least $4,000,000 in excess of the requirements of the fund. On July 1, 2004, the director of finance is authorized to transfer from the Hawaii community development revolving fund to the general fund the sum of $4,000,000 or so much thereof as may be necessary for fiscal year 2004-2005.

SECTION 13. The legislature determines that there is in the strategic development corporation revolving fund at least $200,000 in excess of the requirements of the fund. On July 1, 2004, the director of finance is authorized to transfer from the strategic development corporation revolving fund to the general fund the sum of $200,000 or so much thereof as may be necessary for fiscal year 2004-2005.

SECTION 14. The legislature determines that there is in the compliance resolution fund at least $10,700,000 in excess of the requirements of the fund. On July 1, 2004, the director of finance is authorized to transfer from the compliance resolution fund to the general fund the sum of $10,700,000 or so much thereof as may be necessary for fiscal year 2004-2005.

SECTION 15. The legislature determines that there is in the spouse and child abuse special account, established pursuant to section 346-7.5, Hawaii Revised Statutes, at least $200,000 in excess of the requirements of the fund. On July 1, 2004, the director of finance is authorized to transfer from the spouse and child abuse special account, established pursuant to section 346-7.5, Hawaii Revised Statutes, to the general fund the sum of $200,000 or so much thereof as may be necessary for fiscal year 2004-2005.

SECTION 16. The legislature determines that there is in the domestic violence prevention special fund, established pursuant to section 321-1.3, Hawaii Revised Statutes, at least $400,000 in excess of the requirements of the fund. On July 1, 2004, the director of finance is authorized to transfer from the domestic violence prevention special fund, established pursuant to section 321-1.3, Hawaii Revised Statutes, to the general fund the sum of $400,000 or so much thereof as may be necessary for fiscal year 2004-2005.

SECTION 17. The legislature determines that there is in the health planning and development special fund at least $100,000 in excess of the requirements of the fund. On July 1, 2004, the director of finance is authorized to transfer from the health planning and development special fund to the general fund the sum of $100,000 or so much thereof as may be necessary for fiscal year 2004-2005.

SECTION 18. The legislature determines that there is in the driver education and training fund, established pursuant to section 286G-2, Hawaii Revised Statutes, at least $500,000 in excess of the requirements of the fund. On July 1, 2004, the director of finance is authorized to transfer from the driver education and training fund, established pursuant to section 286G-2, Hawaii Revised Statutes, to the general fund the sum of $500,000 or so much thereof as may be necessary for fiscal year 2004-2005.

SECTION 19. The legislature determines that there is in the probation services special fund at least $350,000 in excess of the requirements of the fund. On July 1, 2004, the director of finance is authorized to transfer from the probation services special fund to the general fund the sum of $350,000 or so much thereof as may be necessary for fiscal year 2004-2005.

SECTION 20. The legislature determines that there is in the spouse and child abuse special account, established pursuant to section 601-3.6, Hawaii Revised Statutes, at least $500,000 in excess of the requirements of the fund. On July 1, 2004, the director of finance is authorized to transfer from the spouse and child abuse special account, established pursuant to section 601-3.6, Hawaii Revised Statutes, to the general fund the sum of $500,000 or so much thereof as may be necessary for fiscal year 2004-2005.

SECTION 21. The legislature determines that there is in the natural area reserve fund at least $2,000,000 in excess of the requirements of the fund. On July 1, 2004, the director of finance is authorized to transfer from the natural area reserve fund to the general fund the sum of $2,000,000 or so much thereof as may be necessary for fiscal year 2004-2005.

SECTION 22. The legislature determines that there is in the special land and development fund at least $3,000,000 in excess of the requirements of the fund. On July 1, 2004, the director of finance is authorized to transfer from the special land and development fund to the general fund the sum of $3,000,000 or so much thereof as may be necessary for fiscal year 2004-2005.

SECTION 23. The legislature determines that there is in the state parks special fund at least $1,800,000 in excess of the requirements of the fund. On July 1, 2004, the director of finance is authorized to transfer from the state parks special fund to the general fund the sum of $1,800,000 or so much thereof as may be necessary for fiscal year 2004-2005.

SECTION 24. The legislature determines that there is in the highway fund at least $17,000,000 in excess of the requirements of the fund. On July 1, 2004, the director of finance is authorized to transfer from the highway fund to the general fund the sum of $17,000,000 or so much thereof as may be necessary for fiscal year 2004-2005.

SECTION 25. The legislature determines that there is in the public utilities special fund established pursuant to 269-33, Hawaii Revised Statutes, at least $500,000 in excess of the requirements of the fund. On July 1, 2004, the director of finance is authorized to transfer from the public utilities special fund to the general fund the sum of $500,000 or so much thereof as may be necessary for fiscal year 2004-2005.

PART II

SECTION 26. Section 321-27, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Any amount in the fund in excess of [$300,000] $150,000 on June 30 of each year shall be deposited into the general fund."

SECTION 27. Section 37-53, Hawaii Revised Statutes, is repealed.

["§37-53 Transfer of special funds. At any time during a fiscal year, notwithstanding any other law to the contrary, any department may, with the approval of the governor or the director of finance if so delegated by the governor, transfer from any special fund relating to such department to the general revenues of the State all or any portion of moneys determined to be in excess of fiscal year requirements for such special fund, except for special funds under the control of the department of transportation relating to highways, airports, transportation use, and harbors activities, special funds under the control of the Hawaii health systems corporation, and special funds of the University of Hawaii. At any time the department of transportation, with the approval of the governor or the director of finance if so delegated by the governor, may transfer from any special fund under the control of the department of transportation, or from any account within any such special fund, to the general revenues of the State or to any other special fund under the control of the department of transportation all or any portion of moneys determined to be in excess of requirements for the ensuing twelve months determined as prescribed by rules adopted pursuant to chapter 91; provided that no such transfer shall be made which would cause a violation of federal law or federal grant agreements."]

PART III

SECTION 28. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 29. This Act shall take effect on July 1, 2004.