Report Title:

State Park Repair and Maintenance; Funding

Description:

Establishes a state park imua special fund with community match. Enables the use of moneys from the special fund to fund youth conservation employment programs to assist in the repair and maintenance of state parks. Authorizes the issuance of general obligation bonds to fund park repair projects and youth corps. $7 million to DLNR for general park repair and maintenance, $6 million to the imua special fund, and $6 million to the youth corps.

THE SENATE

S.B. NO.

2323

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to state park restoration and maintenance.

 

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

SECTION 1. Chapter 184, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§184- State park imua special fund. (a) There is established the state park imua special fund. Moneys received from the state, county, or federal government, private contributions of cash or other property, and the income and capital gains earned by the fund shall constitute its assets.

(b) The department may expend moneys from the fund:

(1) In the form of either grants to organizations or contracts with private vendors; or

(2) For youth conservation corps programs established pursuant to part IV of chapter 193; provided that of the moneys expended under this paragraph, priority shall be given to programs that employ at-risk youths;

for the repair and maintenance of state parks in Hawaii in accordance with this section.

(c) The fund may receive contributions, grants, endowments, or gifts in cash or otherwise from all sources, including corporations or other businesses, foundations, government, individuals, and other interested parties. The legislature intends that public and private sectors review and investigate all potential funding sources. The legislature may appropriate moneys to the fund; provided that any appropriations made by the legislature are not intended to supplant the funding of any existing park repair and maintenance programs.

(d) The department shall establish an advisory board in each county that shall be responsible for:

(1) Soliciting and otherwise raising funds for the fund;

(2) Establishing criteria for the expenditure of funds;

(3) Reviewing grant proposals using criteria established by the department; and

(4) Making recommendations for grants and other specific expenditures.

Members of the advisory board shall consist of community members with expertise in fundraising, park repair and maintenance, cultural and natural history, and representatives from the department of land and natural resources and the department of accounting and general services.

(e) In managing the moneys in the fund, the department shall exercise ordinary business care and prudence given the facts and circumstances prevailing at the time of action or decision. In doing so, the department shall consider its long- and short-term needs in carrying out its purposes, its present and anticipated financial requirements, expected total return on its investments, price trends, and general economic conditions.

(f) There may be an endowment component of the fund, and the department may accumulate net income and add it to the principal.

(g) The use of any state moneys may be restricted by the legislation appropriating these moneys to the fund.

(h) The department may expend principal from the fund for the purposes of the fund.

(i) Any organization submitting a proposal to the department for moneys shall meet the following standards at the time of application:

(1) Be a for-profit organization duly registered under the laws of the State, or be a nonprofit organization determined by the Internal Revenue Service to be exempt from the federal income tax, or be an agency of the State or a county;

(2) In the case of a nonprofit organization, have a governing board whose members have no material conflict of interest and serve without compensation;

(3) In the case of an applicant that is not a state or county government agency, have bylaws or policies that describe the manner in which business is conducted and policies that relate to the management of a potential situation involving a conflict of interest;

(4) Have experience with the project or in the program area for which the proposal is being made; and

(5) Be licensed and accredited, as applicable, in accordance with the requirements of federal, state, and county governments.

(j) All proposals submitted to the department for moneys shall be approved by the department of land and natural resources or the department of accounting and general services for consistency in meeting design and materials standards for state parks, as applicable.

(k) Organizations or agencies to which moneys are awarded shall agree to comply with the following conditions before receiving the award:

(1) Use persons qualified to engage in the activity to be funded;

(2) Comply with the applicable federal, state, and county laws; and

(3) Comply with any other requirements prescribed by the department to ensure adherence by the recipient of the award with applicable federal, state, and county laws and with the purposes of this section.

(l) Chapter 103D shall not apply to organizations or agencies that apply for grants or contracts under this section; provided that the department shall be held accountable for the use of the funds under a contract with the department of accounting and general services.

(m) Any contract awarded by the department shall be made with as much competition as is practical to execute its purposes.

(n) The fund shall be audited annually by an independent auditor. The results of each annual audit shall be submitted to the department of accounting and general services not later than thirty days from the date the department receives the audit results. In addition, the department shall retain for a period of three years and permit the department of accounting and general services, state legislators, and the auditor, or their duly authorized representatives, to inspect and have access to any documents, papers, books, records and other evidence that is pertinent to the fund.

(o) For every dollar of state moneys granted by the fund to the project, there shall be a minimum of $1 in value matched from private, federal, county, or community service.

(p) The chairperson of the board of land and natural resources shall submit an annual report of the progress of the state park imua fund no later than twenty days prior to the convening of each regular session of the legislature."

SECTION 2. The director of finance is authorized to issue general obligation bonds in the sum of $19,000,000, or so much thereof as may be necessary, and the same sum, or so much thereof as may be necessary, shall be deposited into the state park imua special fund established in section 1 of this Act and may be appropriated for fiscal year 2004-2005 for the purpose of funding state park repair and maintenance projects; provided that of the $19,000,000 appropriated:

(1) $7,000,000 shall be transferred to the state parks special fund established under section 184-3.4, Hawaii Revised Statutes; and

(2) $6,000,000 shall be expended for the purpose of funding the youth conservation corps program pursuant to part IV of chapter 193, Hawaii Revised Statutes.

SECTION 3. 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, 2007, shall lapse as of that date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2004.

INTRODUCED BY:

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