THE SENATE

S.B. NO.

1092

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE REPEAL OF NON-GENERAL FUNDS.

 

 

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

 


     SECTION 1.  The purpose of this bill is to repeal various non‑general fund and accounts that have low balances or no activity in recent years.  This bill also transfers the balance of the fee simple residential revolving fund to the general fund.

     This bill is based on House Bill No. 2427, H.D. 1, S.D. 1, C.D. 1, from the 2014 legislature that was vetoed, but excludes repeal of the center for labor education and research revolving fund.  Although the center for labor education and research revolving fund has a relatively low balance, the legislature finds that it still serves its statutory function.  This bill also repeals two other non‑general funds that have been determined to be no longer necessary.

PART I

     SECTION 2.  The purpose of this part is to repeal the Captain Cook memorial fund.

     The legislature finds that the fund is no longer necessary.  It has had no activity in recent years and a very small balance.

     SECTION 3.  Section 6E‑4, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§6E-4[]]  Administration.  All state historic areas and buildings surplus to the operations of the department of accounting and general services shall be transferred by executive order to the department[, except as provided in section 6E-33].  All state projects and programs relating to historic preservation shall come under the authority of the department."

     SECTION 4.  Section 6E‑33, Hawaii Revised Statutes, is repealed.

     ["[§6E-33]  Captain Cook Memorial Fund.  All moneys in the Captain Cook memorial fund or which may be paid into the same from the proceeds of sales or which may be received by way of gift or otherwise for any of the purposes provided by this section, the acceptance of such gifts and the receipt of such funds being authorized, shall be expendable by the comptroller from time to time for any of the purposes provided by this section, and any original historical documents or other articles, or copies, facsimiles, or replicas thereof, so collected, and copies of publications made under this section shall be deposited in the archives of Hawaii to constitute a collection to be known as the "Captain Cook Memorial Collection".

     The comptroller may purchase or otherwise acquire original books, mementos, pamphlets, documents, or other articles of historical value relating to the life of Captain James Cook, or connected with the history, discovery, and exploration of the Hawaiian Islands, or copies, facsimiles, or replicas thereof of other data relating thereto, and prepare and publish in the comptroller's discretion books, documents, pamphlets, or other publications relating thereto.

     The comptroller may distribute free copies of such publications to libraries, museums, and other places of references open to the public in the United States or in other countries, not to exceed, however, one-third of the number of copies of each published.  The remaining copies may be sold at such reasonable prices as may be fixed by the comptroller, the proceeds of such sales to be paid into the trust fund."]

PART II

     SECTION 5.  The purpose of this part is to repeal the infrastructure development fund.

     The legislature finds that the fund is no longer necessary.  It has had no balance or activity in recent years.

     SECTION 6.  Section 171‑19.5, Hawaii Revised Statutes, is repealed.

     ["§171-19.5  Infrastructure development fund; establishment.  (a) There is established in the state treasury the infrastructure development fund to be administered by the department of land and natural resources.  Funds transferred or appropriated by the legislature and moneys received or collected by the department of land and natural resources, as authorized by the legislature, shall be deposited into the infrastructure development fund.

     (b)  The infrastructure development fund shall be used to provide funding for infrastructure development in the Kikala‑Keokea area on the island of Hawaii to benefit residents of Kalapana who have been dispossessed of their homes and lands as a result of the continued volcanic eruptions on the island of Hawaii, which began on January 3, 1983.  Proceeds of this fund may be used for necessary expenses in the administration of the fund.

     (c)  Upon fulfillment of the purposes of this section, any unexpended or unencumbered funds appropriated by the legislature or remaining in the infrastructure development fund as of the close of business on December 31, 2004, shall not lapse into that fund or to the credit of the general fund, but shall be transferred to the credit of the Kikala‑Keokea housing revolving fund established in section 201H‑81 as of that date; provided that any unexpended or unencumbered moneys that were provided by the office of Hawaiian affairs and deposited into the infrastructure development fund for the purpose of infrastructure development shall be refunded to the office of Hawaiian affairs upon the completion of the fund's intended purpose.  No funds shall be transferred until all funding commitments entered into by the department of land and natural resources to complete the design and construction of infrastructure improvements have been executed."]

PART III

     SECTION 7.  The purpose of this part is to repeal the pineapple workers and retirees housing assistance fund.

     The legislature finds that the fund is no longer necessary.  It has had no balance or activity in recent years.

     SECTION 8.  Section 201H‑85, Hawaii Revised Statutes, is repealed.

     ["[§201H-85]  Pineapple workers and retirees housing assistance fund; established.  (a) There is established in the state treasury the pineapple workers and retirees housing assistance fund to provide mortgage payments or rent subsidies for eligible Del Monte Fresh Produce pineapple workers and retirees and their families who are displaced or affected by the closure of Del Monte Fresh Produce.  The pineapple workers and retirees housing assistance fund shall be administered by the corporation.

     (b) Moneys appropriated for the purposes of this section shall be deposited into the pineapple workers and retirees housing assistance fund; provided that, upon fulfillment of the purposes of this section, all unencumbered moneys shall lapse into the general fund.  The corporation shall establish guidelines with respect to eligible Del Monte Fresh Produce pineapple workers and retirees and mortgage payments or rental assistance payments under this section.

     (c) The corporation shall adopt rules in accordance with chapter 91 to effectuate the purposes of this section."]

PART IV

     SECTION 9.  The purpose of this part is to address the statewide geospatial information and data integration special fund.  More specifically, this part repeals the special fund and requires that fees generated by the statewide geographic information system program be deposited into the general fund.

     The legislature finds that the statewide geospatial information and data integration special fund is not necessary.  It has no balance or annual revenues.

     SECTION 10.  Section 225M‑6, Hawaii Revised Statutes, is amended to read as follows:

     "§225M-6  Fees for statewide planning and geographic information system services and products.  The office of planning may charge fees for statewide planning and geographic information system services and products.  All fees collected for statewide planning and geographic information system analyses and other related services shall be deposited into the [statewide geospatial information and data integration special] general fund [for the sole purpose of supporting the statewide planning and geographic information system].  The office shall adopt rules setting fees for statewide planning and geographic information system services and products."

     SECTION 11.  Section 225M‑7, Hawaii Revised Statutes, is repealed.

     ["[§225M-7]  Statewide geospatial information and data integration special fund.  (a) There is established in the state treasury the statewide geospatial information and data integration special fund, into which shall be deposited:

     (1)  Moneys directed, allocated, or disbursed to the statewide geospatial information and data integration program from other government agencies or private sources to help support the acquisition of hardware, software, applications, and databases;

     (2)  Moneys directed, allocated, or disbursed to the statewide geospatial technologies program from non-state sources, including but not limited to grants, awards, and donations;

     (3)  Moneys collected as fees for statewide planning and geographic information system services rendered; and

     (4)  Investment earnings credited to the assets of the fund and all interest on special fund balances.

     (b) The statewide geospatial information and data integration special fund shall be used to help defray the cost of, including but not limited to the following:

     (1)  Programs and activities to implement this chapter, including the provision of state funds to match federal funds from the United States Geological Survey or other federal departments; and

     (2)  Operating costs of the statewide planning and geographic information system, including acquisition and maintenance of hardware or software necessary to implement this chapter, acquisition and maintenance of geospatial and other data, application development, training, and other products or services of general benefit to the statewide geospatial information and data integration program and its stakeholders."]

PART V

     SECTION 12.  The purpose of this part is to address the transportation use special fund.

     The legislature finds that the transportation use special fund established by section 261D‑1, Hawaii Revised Statutes, has been unused, has held no deposits for many years, and should be abolished.  According to the department of transportation and state auditor, this fund has outlived its purpose.

     SECTION 13.  Section 261D‑1, Hawaii Revised Statutes, is repealed.

     ["§261D-1  Transportation use special fund; established.  There is created in the treasury of the State, as a separate account in the airport revenue fund established by section 248‑8, the transportation use special fund.  There shall be credited to such account that portion of the moneys received by the department of transportation paid under any contract entered into as authorized by section 261‑7 on account of the display, sale, and delivery of in‑bond merchandise displayed or sold at locations in the State other than on airport properties in the manner provided by rules adopted pursuant to chapter 91 as permitted under federal law without causing a violation of federal grant agreements, or as shall be mutually agreed upon by the State and any appropriate agency of the federal government; provided that no moneys so credited may be appropriated, applied, or expended from the transportation use special fund prior to July 1, 1990, except for purposes provided under section 261-5.  The director of transportation shall administer the fund."]

     SECTION 14.  Section 261D‑4, Hawaii Revised Statutes, is repealed.

     ["[§261D-4]  Report to the legislature.  The director of transportation shall submit a report to the legislature, not later than thirty days after the end of each fiscal year with respect to the transportation use special fund.  The report shall include, but not be limited to, the following:

     (1)  The amount of moneys received and deposited in the transportation use special fund and the amount of moneys transferred from the transportation use special fund to any other special fund of the department of transportation for the fiscal year just ended;

     (2)  The amount of moneys expected to be received by the department of transportation, pursuant to section 261D‑1, for the transportation use special fund and to be transferred to any other special fund of the department of transportation for the current fiscal year; and

     (3)  Any interest accrued or expense deducted from the moneys in the transportation use special fund, with an explanation for each."]

     SECTION 15.  Section 261‑5, Hawaii Revised Statutes, is amended to read as follows:

     "§261-5  Disposition of airport revenue fund.  (a) Except for:

    [(1)  That portion of the payments received by the department under a contract entered into as authorized by section 261‑7 and deposited in the transportation use special fund pursuant to section 261D‑1;]

    [(2)] (1)  All proceeds from the passenger facility charge and deposited in the passenger facility charge special fund; and

    [(3)] (2)  All proceeds from the rental motor vehicle customer facility charge and deposited in the rental motor vehicle customer facility charge special fund,

all moneys received by the department from rents, fees, and other charges collected pursuant to this chapter, as well as all aviation fuel taxes paid pursuant to section 243‑4(a)(2), shall be paid into the airport revenue fund created by section 248‑8.

     All moneys paid into the airport revenue fund shall be appropriated, applied, or expended by the department for any purpose within the jurisdiction, powers, duties, and functions of the department related to the statewide system of airports, including, without limitation, the costs of operation, maintenance, and repair of the statewide system of airports and reserves therefor, and acquisitions (including real property and interests therein), constructions, additions, expansions, improvements, renewals, replacements, reconstruction, engineering, investigation, and planning for the statewide system of airports, all or any of which in the judgment of the department are necessary to the performance of its duties or functions.  The department shall generate sufficient revenues from its airport properties to meet all of the expenditures of the statewide system of airports and to comply with section 39‑61; provided that as long as sufficient revenues are generated to meet such expenditures, the director of transportation may, in the director's discretion, grant a rebate of the aviation fuel taxes paid into the airport revenue fund during a fiscal year pursuant to sections 243‑4(a)(2) and 248‑8 to any person who has paid airport use charges or landing fees during such fiscal year.  Such rebate may be granted during the next succeeding fiscal year but shall not exceed one‑half cent per gallon per person, and shall be computed on the total number of gallons for which the tax was paid by such person, for such fiscal year.

     (b) At any time the director of transportation may transfer from the airport revenue fund all or any portion of the moneys received by the department paid under a contract entered into as authorized by section 261‑7 on account of the display, sale and delivery of in‑bond merchandise displayed or sold at locations in the State other than on airport properties, as permitted under federal law without causing a violation of federal grant agreements, which the director of transportation shall determine, pursuant to rules promulgated pursuant to chapter 91, to be in excess of one hundred fifty per cent of the requirements of the airport revenue fund for the ensuing twelve months.

     (c) All expenditures by the department shall be on vouchers duly approved by the director of transportation or such other officer as may be designated by the director.

     [(d) Notwithstanding the provisions contained in any contract authorized by section 261‑7 in effect on June 13, 1989, from and after June 13, 1989, to and including June 30, 1990, all payments made under such contract allocable to the display and sale of in‑bond merchandise at locations in the State other than on airport properties shall be credited to the transportation use special fund established by section 261D‑1 in the airport revenue fund established by section 248‑8, but shall not be appropriated, applied, or expended prior to July 1, 1990, except for purposes provided under this section.]"

     SECTION 16.  Section 36‑30, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a) Each special fund, except the:

    [(1)  Transportation use special fund established by section 261D‑1;]

    [(2)] (1)  Special out‑of‑school time instructional program fund under section 302A‑1310;

    [(3)] (2)  School cafeteria special funds of the department of education;

    [(4)] (3)  Special funds of the University of Hawaii;

    [(5)] (4)  State educational facilities improvement special fund;

    [(6)] (5)  Special funds established by section 206E‑6;

    [(7)] (6)  Aloha Tower fund created by section 206J‑17;

    [(8)] (7)  Funds of the employees' retirement system created by section 88‑109;

    [(9)] (8)  Hawaii hurricane relief fund established under section 431P-2;

   [(10)] (9)  Convention center enterprise special fund established under section 201B‑8;

   [(11)] (10) Hawaii health systems corporation special funds and the subaccounts of its regional system boards;

   [(12)] (11) Tourism special fund established under section 201B‑11;

   [(13)] (12) Universal service fund established under section 269‑42;

   [(14)] (13) Emergency and budget reserve fund under section 328L‑3;

   [(15)] (14) Public schools special fees and charges fund under section 302A‑1130;

   [(16)] (15) Sport fish special fund under section 187A‑9.5;

   [(17)] (16) Center for nursing special fund under section 304A‑2163;

   [(18)] (17) Passenger facility charge special fund established by section 261‑5.5;

   [(19)] (18) Court interpreting services revolving fund under section 607‑1.5;

   [(20)] (19) Hawaii cancer research special fund;

   [(21)] (20) Community health centers special fund;

   [(22)] (21) Emergency medical services special fund;

   [(23)] (22) Rental motor vehicle customer facility charge special fund established under section 261‑5.6;

   [(24)] (23) Shared services technology special fund under section 27‑43;

   [(25)] (24) Nursing facility sustainability program special fund established pursuant to Act 156, Session Laws of Hawaii 2012;

   [(26)] (25) Automated victim information and notification system special fund established under section 353-136; and

   [(27)] (26) Hospital sustainability program special fund under Act 217, Session Laws of Hawaii 2012, as amended by Act 141, Session Laws of Hawaii 2013,

shall be responsible for its pro rata share of the administrative expenses incurred by the department responsible for the operations supported by the special fund concerned."

PART VI

     SECTION 17.  The purpose of this part is to repeal the food distribution program revolving fund.

     The legislature finds that the revolving fund has no balance or recent activity.  Thus, the legislature finds that the revolving fund is not necessary.

     SECTION 18.  Section 302A‑1315, Hawaii Revised Statutes, is repealed.

     ["§302A-1315  Food distribution program revolving fund.  (a) There is established the food distribution program revolving fund to be administered by the department.

     (b) The food distribution program revolving fund shall consist of:

     (1)  Administrative fees collected by the department for administering and operating the food distribution program;

     (2)  All interest earned on the deposit or investment of moneys in the food distribution program revolving fund; and

     (3)  Any other moneys made available to the food distribution program revolving fund from other sources.

     (c) The food distribution program revolving fund shall be used by the department for the collection and disbursement of generated revenue to support the administration and operation of the food distribution program pursuant to 7 Code of Federal Regulations section 250.15.

     (d) The balance in the food distribution program revolving fund shall not exceed $2,000,000 to pay for services rendered by state-contracted warehouses for the distribution of federal commodity foods to the recipient agencies.  Any moneys remaining in the revolving fund in excess of $2,000,000 at the end of each fiscal year shall lapse to the credit of the general fund."]

PART VII

     SECTION 19.  The purpose of this part is to repeal the career and technical training projects revolving fund for the university of Hawaii at Hilo.

     The legislature finds that the revolving fund is not necessary.

     SECTION 20.  Section 304A‑2268, Hawaii Revised Statutes, is repealed.

     ["[§304A-2268]  Career and technical training projects revolving fund; University of Hawaii at Hilo.  There is established the career and technical training projects revolving fund for the career and technical training projects of the community colleges and the University of Hawaii at Hilo into which shall be deposited the receipts from fees for services, supplies, and use of equipment provided by or in connection with these projects.  Funds deposited in this account shall be expended for vocational and technical training projects, and supplies, equipment, and services related thereto."]

PART VIII

     SECTION 21.  The purpose of this part is to repeal the university of Hawaii alumni special fund.

     The legislature finds that the special fund is not necessary.

     SECTION 22.  Section 304A‑2175, Hawaii Revised Statutes, is repealed.

     ["[§304A-2175]  University of Hawaii alumni special fund.  There is established the University of Hawaii alumni special fund into which shall be deposited funds and proceeds received by the university from alumni activities and donations from alumni.  Funds deposited into this special fund may be expended by the university for all costs associated with conducting alumni affairs, activities, and programs for the university system, including but not limited to expenses for honoraria, hotel and room rentals, food and refreshment, printing and mailing, banners and signs, plaques and awards, airfare and per diem, leis, rental of audiovisual, musical, and stage equipment, and activity supplies and materials, without regard to statutory competitive bidding requirements."]

PART IX

     SECTION 23.  The purpose of this part is to repeal the animal research farm, Waialee, Oahu special fund.

     The legislature finds that the special fund is not necessary.  The university of Hawaii has ceased operation of the animal research farm.

     SECTION 24.  Section 304A‑2177, Hawaii Revised Statutes, is repealed.

     ["[§304A-2177]  Animal research farm, Waialee, Oahu special fund.  There is established the animal research farm, Waialee, Oahu special fund for the animal research farm, Waialee, Oahu, operated by the college of tropical agriculture and human resources of the University of Hawaii, into which shall be deposited the receipts from fees realized from the sale of livestock, services, and supplies.  Funds deposited into this special fund shall be expended for animal research, and services and supplies related thereto."]

PART X

     SECTION 25.  The purpose of this part is to address the public health nursing services special fund, which is the source of funding for the program providing case management services for medically fragile children.

     More specifically, this part repeals the special fund, but retains the case management services program.

     The legislature finds that the special fund has a relatively low balance and minimal activity.  Thus, the legislature finds that the special fund is not necessary.

     The legislature believes that case management services for medically fragile children is worthy of continuation.  Accordingly, the legislature retains reference to the program in statute and intends that it be provided with general funds.

     SECTION 26.  Chapter 321, Hawaii Revised Statutes, is amended by amending the title of part XXXV to read as follows:

"[[]PART XXXV.[] PUBLIC HEALTH NURSING SERVICES SPECIAL FUND] CASE MANAGEMENT SERVICES FOR MEDICALLY FRAGILE CHILDREN"

     SECTION 27.  Section 321‑432, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§321-432[]  Public health nursing services special fund.  (a) There is established within the state treasury a special fund to be known as the public health nursing services special fund.  The special fund shall be administered and expended by the department of health in accordance with this section.

     (b)] Case management services for medically fragile children.  The department of health shall [expend the special funds to] provide ongoing case management services and [to provide] staff training in case management services in collaboration with the department of human services' medicaid early and periodic screening, diagnosis, and treatment program, including but not limited to:

     (1)  Assessment of children who are medically fragile to determine service needs;

     (2)  Development of a specific care plan;

     (3)  Referral for and linkages to services to implement the specific care plan; and

     (4)  Monitoring and follow‑up.

     [(c) The special fund shall consist of medicaid] Medicaid reimbursements received by the department for case management services provided to families of medically fragile children[.] shall be deposited into the general fund."

PART XI

     SECTION 28.  The purpose of this part is to repeal the blind shop revolving and handicraft fund.

     The legislature finds that the revolving fund has a relatively low balance.  Thus, the legislature finds that the revolving fund is not necessary.

     Although the revolving fund is repealed, this part retains the department of human services' authority to provide the blind workshop and home labor program using other sources of funding to be determined under the executive budget process.

     SECTION 29.  Section 347‑12, Hawaii Revised Statutes, is amended to read as follows:

     "§347-12  Blind shop [revolving] and handicraft [fund.] program.  The [department of budget and finance shall create and maintain a revolving fund entitled "blind shop revolving and handicraft fund". This fund may be used by the] department of human services [for] may provide a workshop [purposes] or home labor [purposes] program for the blind or others, who, in the opinion of the department of human services, will [be benefited by such] benefit from the experience [and all moneys in the fund may be expended for materials, machinery, and other facilities and for the erection, operation, and conduct of such workshops and for the payment of such compensation as the department of human services authorizes. All proceeds derived from the sale of products of the workshops or the home labor shall be deposited in the fund].  Under the program, the department may train blind or other persons to produce crafts and other products for sale.  This section shall be subject to any federal policies, rules, or regulations[, which] that may be applicable in order to obtain federal aid or the cooperation of any federal agency concerned."

PART XII

     SECTION 30.  The purpose of this part is to transfer the balance of the fee simple residential revolving fund into the general fund on June 30, 2015.

     The legislature finds that the present balance of the fee simple residential revolving fund is relatively small.  More importantly, the legislature finds that the residential leasehold programs intended to be funded from the revolving fund have not been active in recent years. Consequently, there is no immediate need for funds to operate the programs.

     If the need for operating funds becomes necessary in the future, the revolving fund may be replenished as provided under the enabling statute for the residential leasehold programs.

     SECTION 31.  Section 516‑44, Hawaii Revised Statutes, is amended to read as follows:

     "§516-44  Fee simple residential revolving fund.  (a) A fee simple residential revolving fund is created.  The funds appropriated for the purposes of this chapter and chapter 519 and all moneys received or collected by the Hawaii housing finance and development corporation under this chapter and chapter 519 shall be deposited in the revolving fund.  Moneys collected to reimburse the corporation from the lessees for their pro rata share of the direct costs incurred by the corporation under this chapter shall be deposited into the revolving fund.  The proceeds in the funds shall first be used to pay the principal and interest on bonds or other indebtedness issued by the corporation, or by the State, and then for necessary expenses, including indirect costs of the corporation in administering chapters 516 and 519.

     Moneys in the fund shall be used to pay all costs of chapters 516 and 519 including administration.

     (b) On June 30, 2015, the director of finance shall transfer the unexpended and unencumbered balance of the revolving fund to the general fund.

     After June 30, 2015, any proceeds deposited into the revolving fund shall be subject to subsection (a)."

PART XIII

     SECTION 32.  The following funds are abolished:

     (1)  The donations for voter registration drive trust account established in 1984 and administered by the department of accounting and general services;

     (2)  The Hawaii FYI - ICSD trust account administratively established in 1996 and administered by the department of accounting and general services;

     (3)  The parking control revolving fund escrow account administered by the department of accounting and general services;

     (4)  The returned ACH tax refunds trust account administratively established in 2004 and administered by the department of accounting and general services;

     (5)  The HDOA biocontrol foreign exploration special fund created in 2010 and administered by the department of agriculture;

     (6)  The Hawaii EUTF self‑directed investments trust account created in 2007 and administered by the department of budget and finance; and

     (7)  An account controlled by the state commission on fatherhood,

and any remaining balances shall be transferred to the general fund.

     SECTION 33.  On June 30, 2015, all unencumbered balances remaining in the accounts and funds repealed by this Act shall lapse to the credit of the general fund; provided that the director of finance shall transfer the unencumbered balance in the Captain Cook memorial fund to the state parks special fund.

PART XIV

     SECTION 34.  Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

     SECTION 35.  This Act shall take effect on July 1, 2015; provided that part V of this Act shall take effect on June 29, 2015; provided that the amendment made in section 16 shall be exempt from the repeal and reenactment of section 36‑30, Hawaii Revised Statutes, on June 30, 2015, pursuant to section 34 of Act 79, Session Laws of Hawaii 2009.

 

INTRODUCED BY:

_____________________________

 

BY REQUEST


 


 

Report Title:

Department of Budget and Finance

 

Description:

Repeal of various non-general fund accounts and transfers the balance of the fee simple residential revolving fund to the general fund.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.