THE SENATE

S.B. NO.

159

TWENTY-EIGHTH LEGISLATURE, 2015

S.D. 1

STATE OF HAWAII

H.D. 1

 

 

 

 

 

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 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 2.  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 3.  Section 6E-33, Hawaii Revised Statutes, is repealed.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be expendable by the comptroller from time to time for any of the purposes provided by this section, and any original historical documents or other articles, or copies, facsimiles, or replicas thereof, so collected, and copies of publications made under this section shall be deposited in the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 4.  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 5.  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 III

     SECTION 6.  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 7.  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 8.  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 IV

     SECTION 9.  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 10.  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 V

     SECTION 11.  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 12.  On July 1, 2015, all unexpended and 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 VI

     SECTION 13.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 14.  This Act shall take effect on July 1, 2015.


 


 

Report Title:

Non-General Funds; Repeal; Transfer of Balances

 

Description:

Repeals various non-general funds and accounts and lapses the unencumbered balances to the general fund.  (SB159 HD1)

 

 

 

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