Report Title:

State Park Repair and Maintenance; Funding

Description:

Establishes a state park imua special fund with community match. Annually utilizes $9 million from the tourism special fund for five years to fund projects. Enables the use of moneys from the special fund to fund youth conservation corps to assist in the repair and maintenance of state parks. Allocates funds as follows: $3 million for general park repair and maintenance; $3 million for the imua fund; and $3 million for the youth conservation corps.

THE SENATE

S.B. NO.

2324

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 a new section 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; provided that of the moneys annually deposited into the fund from the tourism special fund pursuant to section 201B-11(c)(3), at least $3,000,000 shall be reserved for expenditure on programs established under paragraph (2) in each fiscal year that the deposit of moneys from the tourism special fund occurs.

(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 special fund no later than twenty days prior to the convening of each regular session of the legislature."

SECTION 2. Section 201B-11, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Moneys in the tourism special fund shall be used by the authority for the purposes of this chapter, provided that:

(1) Not more than 3.5 per cent of this amount shall be used for administrative expenses, including $15,000 for a protocol fund to be expended at the discretion of the executive director; [and]

(2) At least $1,000,000 shall be made available to support efforts to manage, improve, and protect Hawaii's natural environment and areas frequented by visitors[.];

(3) At least $6,000,000 shall be deposited at the beginning of each fiscal year in the state park imua special fund established under section 184- ; and

(4) At least $3,000,000 shall be transferred to the department of land and natural resources and deposited at the beginning of each fiscal year into the state parks special fund established under section 184-3.4; provided that any funds transferred and deposited under this paragraph shall be expended by the department of land and natural resources in consultation with the authority."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2004; provided that the amendments made to section 201B-11(c), Hawaii Revised Statutes, by section 2 of this Act shall be repealed on June 30, 2009, and the underlying provisions of section 201B-11(c), Hawaii Revised Statutes, shall be reenacted in the form in which they read on the day prior to the effective date of this Act.

INTRODUCED BY:

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