TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO VISITOR IMPACTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that an ever increasing number of visitors can negatively impact the quality of life of Hawaii residents by straining the State's infrastructure and natural resources. Between 2009 and 2014, the total number of annual visitors increased every year, from 6,517,054 in 2009 to 8,308,114 in 2014. With the steady rise in visitors to the islands, the legislature finds it important to ensure support and funds to manage and maintain state parks, trails, beaches, and other natural resources.
The purpose of this Act is to support the State's tourism industry by allocating funds from the transient accommodations tax to the special land and development fund for the management, maintenance, and development of trails and trail access, state parks, beaches, and other natural resources.
SECTION 2. Section 171-19, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) There is created in the department a
special fund to be designated as the "special land and development
fund". Subject to the Hawaiian Homes Commission Act of 1920, as amended,
and section 5(f) of the Admission Act of 1959, all proceeds of sale of public
lands, including interest on deferred payments; all moneys collected under
section 171-58 for mineral and water rights; all rents from leases, licenses,
and permits derived from public lands; all moneys collected from lessees of
public lands within industrial parks; all fees, fines, and other administrative
charges collected under this chapter and chapter 183C; a portion of the highway
fuel tax collected under chapter 243; all moneys collected by the department
for the commercial use of public trails and trail accesses under the
jurisdiction of the department; transient accommodations tax revenues collected
pursuant to section 237D-6.5(b)(5)[
;] and (6); and private
contributions for the management, maintenance, and development of trails and
accesses shall be set apart in the fund and shall be used only as authorized by
the legislature for the following purposes:
(1) To reimburse the general fund of the State for advances made that are required to be reimbursed from the proceeds derived from sales, leases, licenses, or permits of public lands;
(2) For the planning, development, management, operations, or maintenance of all lands and improvements under the control and management of the board pursuant to title 12, including but not limited to permanent or temporary staff positions who may be appointed without regard to chapter 76; provided that transient accommodations tax revenues allocated to the fund shall be expended as provided in section 237D-6.5(b)(5);
(3) To repurchase any land, including improvements, in the exercise by the board of any right of repurchase specifically reserved in any patent, deed, lease, or other documents or as provided by law;
(4) For the payment of all appraisal fees; provided that all fees reimbursed to the board shall be deposited in the fund;
(5) For the payment of publication notices as required under this chapter; provided that all or a portion of the expenditures may be charged to the purchaser or lessee of public lands or any interest therein under rules adopted by the board;
(6) For the management, maintenance, and development of trails and trail accesses, state parks, beaches, and other natural resources under the jurisdiction of the department;
(7) For the payment to private land developers who have contracted with the board for development of public lands under section 171-60;
(8) For the payment of debt service on revenue bonds issued by the department, and the establishment of debt service and other reserves deemed necessary by the board;
(9) To reimburse the general fund for debt service on general obligation bonds issued to finance departmental projects, where the bonds are designated to be reimbursed from the special land and development fund;
(10) For the protection, planning, management, and regulation of water resources under chapter 174C; and
(11) For other purposes of this chapter."
SECTION 3. Section 237D-6.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Revenues collected under this chapter shall be distributed in the following priority, with the excess revenues to be deposited into the general fund:
(1) $1,500,000 shall be allocated to the Turtle Bay conservation easement special fund beginning July 1, 2015, for the reimbursement to the state general fund of debt service on reimbursable general obligation bonds, including ongoing expenses related to the issuance of the bonds, the proceeds of which were used to acquire the conservation easement and other real property interests in Turtle Bay, Oahu, for the protection, preservation, and enhancement of natural resources important to the State, until the bonds are fully amortized;
(2) $26,500,000 shall be allocated to the convention center enterprise special fund established under section 201B-8;
(3) $82,000,000 shall be allocated to the tourism special fund established under section 201B-11; provided that:
(A) Beginning on July 1, 2012, and ending on June 30, 2015, $2,000,000 shall be expended from the tourism special fund for development and implementation of initiatives to take advantage of expanded visa programs and increased travel opportunities for international visitors to Hawaii;
(B) Of the $82,000,000 allocated:
(i) $1,000,000 shall be allocated for the operation of a Hawaiian center and the museum of Hawaiian music and dance at the Hawaii convention center; and
(ii) 0.5 per cent of the $82,000,000 shall be transferred to a sub-account in the tourism special fund to provide funding for a safety and security budget, in accordance with the Hawaii tourism strategic plan 2005-2015; and
(C) Of the revenues remaining in the tourism special fund after revenues have been deposited as provided in this paragraph and except for any sum authorized by the legislature for expenditure from revenues subject to this paragraph, beginning July 1, 2007, funds shall be deposited into the tourism emergency special fund, established in section 201B-10, in a manner sufficient to maintain a fund balance of $5,000,000 in the tourism emergency special fund;
(4) $103,000,000 for fiscal year 2014-2015,
$103,000,000 for fiscal year 2015-2016, $103,000,000 for fiscal year 2016-2017,
and $93,000,000 for each fiscal year thereafter shall be allocated as follows:
Kauai county shall receive 14.5 per cent, Hawaii county shall receive 18.6 per
cent, city and county of Honolulu shall receive 44.1 per cent, and Maui county
shall receive 22.8 per cent; provided that commencing with fiscal year
2018-2019, a sum that represents the difference between a county public
employer's annual required contribution for the separate trust fund established
under section 87A-42 and the amount of the county public employer's contributions
into that trust fund shall be retained by the state director of finance and
deposited to the credit of the county public employer's annual required
contribution into that trust fund in each fiscal year, as provided in section
87A-42, if the respective county fails to remit the total amount of the
county's required annual contributions, as required under section 87A-43; [
(5) $3,000,000 shall be allocated to the special land and development fund established under section 171-19; provided that the allocation shall be expended in accordance with the Hawaii tourism authority strategic plan for:
(A) The protection, preservation, maintenance, and enhancement of natural resources, including beaches, important to the visitor industry;
(B) Planning, construction, and repair of facilities; and
(C) Operation and maintenance costs of public
lands, including beaches, connected with enhancing the visitor experience[
(6) Two per cent of the transient accommodations tax revenues shall be allocated to the special land and development fund established under section 171-19 and expended for the purposes established under section 171-19(a)(6).
All transient accommodations taxes shall be paid into the state treasury each month within ten days after collection and shall be kept by the state director of finance in special accounts for distribution as provided in this subsection.
As used in this subsection, "fiscal year" means the twelve-month period beginning on July 1 of a calendar year and ending on June 30 of the following calendar year."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2017.
Visitor Arrivals; Natural Resources; Infrastructure; Special Land and Development Fund
Allows use of the special land and development fund for the management, maintenance, and development of state parks, beaches, and other natural resources. Allocates two per cent of the transient accommodations tax to the special land and development fund category for the management, maintenance, and development of trails and trail access, state parks, beaches, and other natural resources. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.