Report Title:

Shorelines; Beach Restoration

 

Description:

Establishes visitor area beach restoration special fund; dedicates moneys in tourism special fund to visitor area beach restoration special fund for 1 year only.  Appropriates moneys from the special fund to pay for visitor area beach restoration project on Waikiki beach fronting the Royal Hawaiian Hotel.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2323

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to beaches.

 

 

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

 


     SECTION 1.  Chapter 201B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§201B-A  Visitor area beach restoration special fund.  (a)  There is established the visitor area beach restoration special fund to be administered by the authority, into which shall be deposited the revenues prescribed by section 237D-6.5(b).  All investment earnings from the moneys in the special fund shall be credited back to the visitor area beach restoration special fund.

     (b)  Moneys in the visitor area beach restoration special fund shall be used to provide for the development and restoration of sandy beaches and the maintenance of any permanent improvements placed on the beaches or in the nearshore waters for visitor area beaches throughout the State, as determined by the authority, including debt service on any capital expenditures projects and the contracting for services for those purposes.

     (c)  For the purposes of this section, "visitor area beaches" means sandy beaches within or in the near vicinity of resort destination areas throughout the State, including but not limited to:

     (1)  Mahaulepu-Poipu-Lawai, Kalapaki, Kapaa, and Hanalei-Princeville on the island of Kauai;

     (2)  Waikiki and Makaha on the island of Oahu;

     (3)  Kapalua, Kaanapali, Kihei, Wailea, and Makena on the island of Maui; and

     (4)  Kalapana, Keauhou, and Hapuna on the island of Hawaii."

     SECTION 2.  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 as follows, with the excess revenues to be deposited into the general fund:

     (1)  17.3 per cent of the revenues collected under this chapter shall be deposited into the convention center enterprise special fund established under section 201B-8; provided that beginning January 1, 2002, if the amount of the revenue collected under this paragraph exceeds $33,000,000 in any calendar year, revenues collected in excess of $33,000,000 shall be deposited into the general fund;

     (2)  34.2 per cent of the revenues collected under this chapter shall be deposited into the tourism special fund established under section 201B-11 for tourism promotion and visitor industry research; provided that [beginning]:

         (A)  Beginning on July 1, 2002, of the first $1,000,000 in revenues deposited:

        [(A)] (i)  Ninety per cent shall be deposited into the state parks special fund established in section 184-3.4; and

        [(B)] (ii)  Ten per cent shall be deposited into the special land and development fund established in section 171-19 for the Hawaii statewide trail and access program;

          [provided that of the 34.2 per cent,]

         (B)  0.5 per cent 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)  For the period beginning on July 1, 2008 and ending on June 30, 2009 only, five per cent shall be transferred to the visitor area beach restoration special fund established in section 201B-A;

          provided further that 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 trust fund, established in section 201B-10, in a manner sufficient to maintain a fund balance of $5,000,000 in the tourism emergency trust fund; and

     (3)  44.8 per cent of the revenues collected under this chapter shall be transferred 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.

     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."

     SECTION 3.  There is appropriated out of the visitor area beach restoration special fund the sum of $            or so much thereof as may be necessary for fiscal year 2008-2009 for paying the entire cost of the visitor area beach restoration project fronting the Royal Hawaiian Hotel on Waikiki beach on Oahu.

     The sum appropriated shall be expended by the Hawaii tourism authority for the purposes of this Act.

     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, 2008.

 

INTRODUCED BY:

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