THE SENATE	S.B. NO.	1092
TWENTY-EIGHTH LEGISLATURE, 2015		S.D. 1
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:

PART I

SECTION 1.  The purpose of this Act is to repeal the pineapple workers and retirees housing assistance fund and the transportation use special fund, which are no longer necessary.

PART II

SECTION 2.  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 3.  Section 201H‑85, Hawaii Revised Statutes, is repealed.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 III

SECTION 4.  The purpose of this part is to repeal 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by section 261D‑1, Hawaii Revised Statutes, has been unused, has held no deposits for many years, and should be repealed.  According to the department of transportation and state auditor, this fund has outlived its purpose.

     SECTION 5.  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."

     SECTION 6.  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 7.  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 8.  Section 261D-3, Hawaii Revised Statutes, is repealed.

     ["[[§261D-3]  Exempted from reimbursement for departmental administrative expenses.  The transportation use special fund is exempted from section 36-30."]

     SECTION 9.  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."]

PART IV

SECTION 10.  On June 30, 2015, all unencumbered balances remaining in the funds repealed by this Act shall lapse to the credit of the general fund.

PART V

SECTION 11.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 12.  This Act shall take effect on July 1, 2015; provided that section 5 of this Act shall take effect on June 29, 2015; provided further that the amendments made in section 5 shall not be repealed when section 36‑30, Hawaii Revised Statutes, is reenacted on:

(1) June 30, 2015, pursuant to section 34 of Act 79, Session Laws of Hawaii 2009; and

(2) December 31, 2015, pursuant to section 7 of Act 124, Session Laws of Hawaii 2014.

Report Title:

Department of Budget and Finance

Description:

Repeals the pineapple workers and retirees housing assistance fund and the transportation use special fund.  (SD1)

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