THE SENATE

S.B. NO.

867

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE kahoolawe island reserve.

 

 

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

 


SECTION 1. The legislature has historically found that the island of Kahoolawe has significant cultural and historical importance to the native people of Hawaii. The Kahoolawe island reserve commission was established to effectively address the unique challenges of preserving, restoring, and determining the appropriate use of Kahoolawe.

The Kahoolawe island reserve commission is primarily funded by the Kahoolawe rehabilitation trust fund that was created during the federal cleanup of unexploded ordnance on Kahoolawe. The federal appropriation of approximately $44,000,000 over a seven year period, while considerable, was insufficient to establish a sustainable endowment for the long term operation of the Kahoolawe island reserve commission's operations. In a 1993 report to congress, it was envisioned that in the long term, the State would provide the funding to continue and enhance the activities initiated by federal funding.

In 2004, the management and control of Kahoolawe was transferred from the Navy to the State. The Kahoolawe island reserve commission was designated as the state agency responsible for the use and restoration of Kahoolawe.

A 2013 report by the office of the auditor found that the Kahoolawe rehabilitation trust fund will be depleted by 2016. The Kahoolawe island restoration commission held numerous meetings and working groups on all islands that resulted in the issuance of a community based strategic plan for Kahoolawe entitled "I Ola Kanaloa".

The legislature finds that there is a need to preserve and restore the State's natural resources to balance against the pressure to urbanize the State's lands.

It is important to preserve the remote and intact Kahoolawe ecosystem to provide a means of recovery should the ecosystems of the other main Hawaiian islands collapse. The programs of the Kahoolawe island reserve commission serve to ensure, protect, and restore the rich natural biodiversity and biomass of Kahoolawe, which in the future may be key to the State's wellbeing and survival.

The legislature finds that without additional funding, the Kahoolawe island reserve commission will not be able to continue its efforts beyond fiscal year 2015. The purpose of this Act is to provide a portion of the state conveyance tax to replenish the Kahoolawe rehabilitation trust fund.

SECTION 2. Section 6K-9.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is created in the state treasury a trust fund to be designated as the Kahoolawe rehabilitation trust fund to be administered by the department with the prior approval of the commission. Subject to Public Law 103-139[,] and this chapter:

(1) All moneys received from the federal government for the rehabilitation and environmental restoration of the island of Kahoolawe or other purposes consistent with this chapter;

(2) A portion of the conveyance tax under section 247-7;

[(2)] (3) Any moneys appropriated by the legislature to the trust fund;

[(3)] (4) Any moneys received from grants, donations, or the proceeds from contributions; and

[(4)] (5) The interest or return on investments earned from moneys in the trust fund,

shall be deposited in the trust fund and shall be used to fulfill the purposes of this chapter."

SECTION 3. Section 247-7, Hawaii Revised Statutes, is amended to read as follows:

"247-7 Disposition of taxes. All taxes collected under this chapter shall be paid into the state treasury to the credit of the general fund of the State, to be used and expended for the purposes for which the general fund was created and exists by law; provided that of the taxes collected each fiscal year:

(1) [Ten] 10 per cent shall be paid into the land conservation fund established pursuant to section 173A-5;

(2) [Twenty-five] 25 per cent from July 1, 2009, until June 30, 2012; [thirty] 30 per cent from July 1, 2012, until June 30, 2014; and [fifty] 50 per cent in each fiscal year thereafter shall be paid into the rental housing trust fund established by section 201H-202; [and]

(3) [Twenty] 20 per cent from July 1, 2009, until June 30, 2012, and [twenty-five] 25 per cent in each fiscal year thereafter shall be paid into the natural area reserve fund established by section 195-9; provided that the funds paid into the natural area reserve fund shall be annually disbursed by the department of land and natural resources in the following priority:

(A) To natural area partnership and forest stewardship programs after joint consultation with the forest stewardship committee and the natural area reserves system commission;

(B) Projects undertaken in accordance with watershed management plans pursuant to section 171-58 or watershed management plans negotiated with private landowners, and management of the natural area reserves system pursuant to section 195-3; and

(C) The youth conservation corps established under chapter 193[.]; and

(D) 7.5 per cent shall be paid into the Kahoolawe rehabilitation trust fund established by section 6K-9.5."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Kahoolawe Rehabilitation Trust Fund; Conveyance Tax

 

Description:

Provides that a portion of the state conveyance tax be used to replenish the Kahoolawe rehabilitation trust fund.

 

 

 

 

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