Report Title:

State Park Repair and Maintenance; Appropriation

Description:

Establishes a state park imua special fund with a community matching component. Enables the use of moneys from the special fund to assist in the repair and maintenance of state parks. Appropriates funds for park repair projects. Effective date of July 1, 2020. (SD1)

THE SENATE

S.B. NO.

2332

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

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 in the state treasury the state park imua special fund into which shall be deposited:

(1) Moneys received from the county or federal government;

(2) Private contributions of cash or other property;

(3) Grants, endowments, or gifts in cash or otherwise from all sources, including corporations or other businesses, foundations, government, individuals, and other interested parties; and

(4) Appropriations made by the legislature to the fund; provided that any appropriation made by the legislature are not intended to supplement the funding of any existing park repair and maintenance programs.

(b) Moneys in the state park imua special fund shall be used for the purpose of grants to organizations or contracts with private vendors for the repair and maintenance of state parks in Hawaii in accordance with this section.

Appropriations made by the legislature are not intended to supplant the funding of any existing park repair and maintenance programs.

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

(1) Soliciting and otherwise raising moneys 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.

(d) 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.

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

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

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

(h) 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.

(i) 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.

(j) 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.

(k) 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.

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

(m) 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.

(n) 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.

(o) 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. There is appropriated out of the general revenues of the State of Hawaii the sum of $1,000,000, or so much thereof as may be necessary for fiscal year 2004-2005, for deposit into the state park imua special fund established in section 1 of this Act.

SECTION 3. The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2020.