HOUSE OF REPRESENTATIVES

H.B. NO.

2874

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to broadband.

 

 

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

 


     SECTION 1.  Chapter 201, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§201-     Broadband special fund.  (a)  There is established in the state treasury the broadband special fund into which shall be deposited:

     (1)  Moneys deposited pursuant to Act __, Session Laws of Hawaii 2012;

     (2)  Appropriations from the legislature;

     (3)  All accrued interest from the fund; and

     (4)  Contributions, grants, endowments, or gifts in cash received by the fund.

     (b)  Moneys in the broadband special fund shall be expended by the department of business, economic development, and tourism for the purpose of supporting an initiative to provide:

     (1)  Broadband access to public schools; and

     (2)  The means necessary for technology-based learning in public schools, including but not limited to the provision of laptop computers to public school students.

     (c)  The broadband special 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.  Notwithstanding any provision of law to the contrary, as a condition of a gift to the broadband special fund, a donor may specify a particular county in which the donor's gift shall be used or expended for the purposes listed in subsection (b).

     (d)  The State may appropriate moneys to the special fund, provided that any appropriations made by the State are not intended to supplant the funding of any existing public school program.

     (e)  All unexpended and unencumbered moneys remaining on balance with the broadband special fund on June 30, 2017, shall lapse to the credit of the state general fund."

     SECTION 2.  (a)  Notwithstanding any law to the contrary, beginning January 1, 2013, and in each year thereafter, all recipients of moneys appropriated from fees collected pursuant to chapter 440G, Hawaii Revised Statutes, shall receive no more in annual appropriations than the lesser of:

     (1)  The amount that the recipient received in 2011 that was calculated based upon revenue generated by a cable operator in 2010; or

     (2)  The amount that the recipient would otherwise be calculated to receive in that current year based upon revenue generated by a cable operator in the previous year.

     (b)  Notwithstanding sections 26-9(o) and 440G-15, Hawaii Revised Statutes, and any other law to the contrary, the director of commerce and consumer affairs shall deposit the difference between the amounts calculated each year pursuant to paragraphs (1) and (2) of subsection (a) into the broadband special fund established pursuant to section 201-  , Hawaii Revised Statutes.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2012, and shall be repealed on June 30, 2017.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Broadband; Cable Television Systems; Special Fund

 

Description:

Creates broadband special fund to support funding public school broadband and laptop initiatives.  Beginning 01/01/13, freezes appropriations of moneys derived from cable fees at the lesser of the 2011 appropriation or the amount that a recipient would otherwise receive in the current year.  Requires excess moneys to be deposited into the broadband special fund.  Effective 07/01/12 and repealed 06/30/17.

 

 

 

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