Report Title:

Transportation

Description:

Establishes the mass transit special fund. Requires funds in the state highway fund in excess of 135% to be transferred to the mass transit special fund. Authorizes transfer of $10,000,000 from state highway fund to mass transit special fund on 7/1/05.

HOUSE OF REPRESENTATIVES

H.B. NO.

1363

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to transportation.

 

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

SECTION 1. The need for effective and efficient public transportation is one of the primary concerns of the legislature. Hawaii's growing communities and the development of new communities have caused road and highway congestion and long commutes for many who travel from suburban areas into urban business centers to work. The purpose of this Act is to establish a stable source of state funding to be used as matching funds for public transportation projects initiated by the county governments.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

MASS TRANSIT SPECIAL FUND

§   -1 Mass transit special fund; established. There is established in the treasury of the State a fund to be known as the mass transit special fund. There shall be credited to the fund that portion of the state highway fund established by section 248-9 that exceeds one hundred thirty-five per cent of the requirements for the ensuing twelve months for the state highway fund. The director of transportation shall administer the mass transit special fund.

§   -2 Disposition of the mass transit special fund. Any money credited to the mass transit special fund may be expended for the purpose of matching up to fifty per cent of any county funds, or federal funds allocated to a county, to establish any new public mass transportation system. For purposes of this section, "public mass transportation system" means any mass transit system that will either serve the unmet transportation needs of large numbers of county residents or relieve county roads and state highways of traffic congestion, including a light rail or bus system.

§   -3 Exemption from reimbursement for departmental administrative expenses. The mass transit special fund shall be exempt from section 36-30.

§   -4 Report to legislature. The director of transportation shall submit an annual report to the legislature not later than twenty days prior to the convening of each regular session of the legislature on the money credited to the special fund, use of the special fund moneys, and amounts expended in matching funds."

SECTION 3. 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) Special out-of-school time instructional program fund under section 302A-1310;

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

(4) Special funds of the University of Hawaii;

(5) State educational facilities improvement special fund;

(6) Special funds established by section 206E-6;

(7) Aloha Tower fund created by section 206J-17;

(8) Funds of the employees' retirement system created by section 88-109;

(9) Unemployment compensation fund established under section 383-121;

(10) Hawaii hurricane relief fund established under chapter 431P;

(11) Convention center enterprise special fund established under section 201B-8;

(12) Hawaii health systems corporation special funds;

(13) Tourism special fund established under section 201B-11;

(14) Universal service fund established under chapter 269;

(15) Integrated tax information management systems special fund under section 231-3.2;

(16) Emergency and budget reserve fund under section 328L-3;

(17) Public schools special fees and charges fund under section 302A-1130(f);

(18) Sport fish special fund under section 187A-9.5;

(19) Neurotrauma special fund under section 321H-4;

(20) Center for nursing special fund under section 304D-5; [and]

(21) Passenger facility charge special fund established by section 261-5.5; and

(22) Mass transit special fund established by section    -1;

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 4. Section 248-9, Hawaii Revised Statutes, is amended to read as follows:

"§248-9 State highway fund. Moneys in the state highway fund may be expended for the following purposes:

(1) To pay the costs of operation, maintenance, and repair of the state highway system, including without limitation, the cost of equipment and general administrative overhead;

(2) To pay the costs of acquisition (including real property and interests therein), planning, designing, construction and reconstruction of the state highway system, and bikeways, including, without limitation, the cost of equipment and general administrative overhead; and

(3) To reimburse the general fund for interest on and principal of general obligation bonds issued to finance highway projects where the bonds are designated to be reimbursable out of the state highway fund.

[At any time the] The director of transportation [may] shall transfer from the state highway fund all [or any portion of available] moneys determined by the director of transportation to be in excess of one hundred thirty-five per cent of the requirements for the ensuing twelve months for the state highway fund [as permitted by and in accordance with section 37-53.] to the mass transit special fund in accordance with section    -1. For purposes of the determination, the director of transportation shall take into consideration:

(1) The amount of federal funds and bond funds on deposit in, and budgeted to be expended from, the state highway fund during the period;

(2) Amounts on deposit in the state highway fund which are encumbered or otherwise obligated;

(3) Budgeted amounts payable from the state highway fund during the period;

(4) Revenues anticipated to be received by and expenditures to be made from the state highway fund during the period based on existing agreements and other information for the ensuing twelve months; and

(5) Any other factors as the director of transportation shall deem appropriate[.] in order to pay for proper expenditures from the fund."

SECTION 5. The legislature determines that there is in the state highway fund at least $10,000,000 in excess of the one hundred thirty-five per cent needed for the requirements of the fund. On July 1, 2005, the director of finance is authorized to transfer $10,000,000, or so much thereof as may be necessary for fiscal year 2005-2006, to the mass transit special fund.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2005.

INTRODUCED BY:

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