Diamond Head State Monument; Special Fund; GO Bonds
Earmarks funds deposited into the state parks special fund for the benefit of the Diamond Head state monument. Authorizes issuance of general obligation bonds for the planning and design of a Diamond Head state monument interpretive and visitors center. (SD2)
TWENTY-SECOND LEGISLATURE, 2003
STATE OF HAWAII
A BILL FOR AN ACT
relating to the diamond head state monument.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Diamond Head is a world-famous landmark, representing Hawaii to millions of people throughout the world. In recognition of Diamond Head's wealth of information about Hawaii's geology, plants, and ancient Hawaiian culture, the legislature adopted Act 104, Session Laws of Hawaii 1976, to establish a Diamond Head state monument as an historical site on Oahu. Subsequently, the Diamond Head state monument plan of 1979 established a state policy of establishing a semi-wilderness park with minimal enhancement to Diamond Head. The Diamond Head Citizens Advisory Committee was formed in 1977 to advise the department of land and natural resources on the preservation and management of Diamond Head. In 1992, the legislature adopted Act 313, reaffirming the recognition of Diamond Head crater as a natural landmark by the federal government and a state monument by the State of Hawaii.
The legislature further finds that over one million visitors annually visit Diamond Head. This high level of public use requires a permanent program to maintain the fragile environment of the Diamond Head state monument area.
Currently, the state parks special fund receives, among other moneys, park user fees collected by the state parks programs and expended for: planning and development of state parks programs; construction, repairs, replacement, additions, and extensions of state parks facilities; parks operation and maintenance; and administrative costs, including staff positions. Because Diamond Head receives more visitors than other state parks, Diamond Head state monument park user fees essentially subsidize other state parks. Accordingly, funds should be dedicated to ensure that the Diamond Head state monument is preserved and protected as a historical and cultural natural resource for future generations.
The purpose of this Act is to earmark funds of the state parks special fund to be expended for the protection and preservation of the Diamond Head state monument and to authorize issuance of general obligation bonds for the planning and design of a Diamond Head state monument interpretive and visitors center.
SECTION 2. Section 184-3.4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) There is established within the state treasury a fund to be known as the state parks special fund, into which shall be deposited:
(1) All proceeds collected by the state parks programs involving park user fees, any leases or concession agreements, the sale of any article purchased from the department to benefit the state parks programs, or any gifts or contributions; provided that [
(A) Proceeds derived from the operation of Iolani Palace shall be used to supplement its educational and interpretive programs; and
(B) Proceeds derived from user fees and any leases or concession agreements involving the Diamond Head state monument, or from funds to benefit the Diamond Head state monument resulting from the sale of any article purchased from the department, gifts, donations, contributions, grants, and appropriations by the legislature, shall be used for:
(i) Planning, design, and construction of the Diamond Head state monument, including the interpretive and visitors center;
(ii) Construction, repairs, replacement, and additions of Diamond Head state monument;
(iii) Operation and maintenance of Diamond Head state monument, including the interpretive and visitors center; and
(iv) Funding educational programs relating to the Diamond Head state monument; and
(2) Transient accommodations tax revenues pursuant to section 237D-6.5(b)(2); provided that these moneys shall be expended in response to a master plan developed in coordination with the Hawaii tourism authority."
SECTION 3. The director of finance is authorized to issue general obligation bonds in the sum of $ , or so much thereof as may be necessary, and the same sum, or so much thereof as may be necessary, is appropriated for fiscal year 2003-2004 for the purpose of planning and design of a Diamond Head state monument interpretive and visitors center.
SECTION 4. The appropriation made for the capital improvement project authorized by this Act shall not lapse at the end of the fiscal biennium for which the appropriation is made; provided that all moneys from the appropriation unencumbered as of June 30, 2006, shall lapse as of that date.
SECTION 5. The sum appropriated for the capital project set forth in section 3 shall be deposited into the state parks special fund for and to the sole benefit of the Diamond Head state monument and expended by the department of land and natural resources for the purposes of this Act.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2003.