HOUSE OF REPRESENTATIVES

H.B. NO.

1977

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO STATE PARKS AND TRAILS.

 

 

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

 


     SECTION 1.  The legislature finds that protecting Hawaii's natural resources is essential to the public interest, particularly during these trying economic times.  People are faced not only with tough financial circumstances, but must also address obesity and other health problems that are commonplace throughout the nation.  Conserving open spaces such as parks and trails promotes the physical and emotional health and well-being of the people of this State.  People can find emotional solace in outdoor activities, such as hiking and family or group gatherings.  Moreover, anyone in this State, regardless of age or income, is able to enjoy and use the State's parks and trails at no cost.  The legislature further finds that parks and trails are an integral part of the State's relaxed, natural lifestyle.  The legislature also finds that parks and trails should be protected to ensure that these open spaces are available for future generations to enjoy.

     The purpose of this Act is to require that one-half of .001 per cent of the general excise tax revenues be allocated each to the special land and development fund for the Hawaii statewide trail and access program and the state parks special fund.

     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; one-half of .001 per cent of the general excise tax revenues collected under chapter 237, pursuant to article XI, section    , of the state constitution, to be used only for the Hawaii statewide trail and access program established under section 198D-2; 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)(2); 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, including but not limited to permanent or temporary staff positions who may be appointed without regard to chapter 76;

     (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 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;

    (11)  For invasive species control and mitigation by the invasive species council under chapter 194;

    (12)  To promote reforestation and sediment run-off mitigation; and

    (13)  For other purposes of this chapter."

     SECTION 3.  Section 184-3.4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is established within the state treasury a fund to be known as the state parks special fund, into which shall be deposited:

     (1)  All proceeds collected by the state parks programs involving park user fees, any leases or concession agreements, the sale of any article purchased from the department to benefit the state parks programs, or any gifts or contributions; provided that proceeds derived from the operation of Iolani Palace shall be used to supplement its educational and interpretive programs; [and]

     (2)  One-half of .001 per cent of the general excise tax revenues under chapter 237, pursuant to article XI, section    , of the state constitution; and

    [(2)] (3)  Transient accommodations tax revenues pursuant to section 237D-6.5; provided that these moneys shall be expended in response to a master plan developed in coordination with the Hawaii tourism authority."

     SECTION 4.  Section 198D-2, Hawaii Revised Statutes, is amended as follows:

     l.  By amending subsection (b) to read:

     "(b)  The trail and access program shall use funding for the management, maintenance, and development of trails and trail accesses under the jurisdiction of the department from the following sources:

     (1)  A portion of the highway fuel taxes collected under chapter 243;

     (2)  Federal government grants;

     (3)  Private contributions;

     (4)  Fees, established pursuant to administrative rules and charged by the department for the commercial and other use of trails and trail accesses under the jurisdiction of the department; [and]

     (5)  Transient accommodations tax revenues pursuant to section 237D-6.5[.]; and

     (6)  General excise tax revenues pursuant to article XI, section    of the state constitution."

     2.  By amending subsection (d) to read:

     "(d)  The moneys specified in subsection (b)(1), (3), (4), [and] (5), and (6) shall be deposited in the special land and development fund under section 171-19 for the management, maintenance, and development of trails and trail accesses under the jurisdiction of the department; provided that the moneys specified in subsection (b)(5) shall be expended for the management, maintenance, and development of trails and access areas frequented by visitors in response to a master plan developed in coordination with the Hawaii tourism authority."

     SECTION 5.  Section 237-31, Hawaii Revised Statutes, is amended to read as follows:

     "§237-31  Remittances.  All remittances of taxes imposed by this chapter shall be made by money, bank draft, check, cashier's check, money order, or certificate of deposit to the office of the department of taxation to which the return was transmitted.  The department shall issue its receipts therefor to the taxpayer and shall pay the moneys into the state treasury as a state realization, to be kept and accounted for as provided by law; provided that:

     (1)  The sum from all general excise tax revenues realized by the State that represents the difference between $45,000,000 and the proceeds from the sale of any general obligation bonds authorized for that fiscal year for the purposes of the state educational facilities improvement special fund shall be deposited in the state treasury in each fiscal year to the credit of the state educational facilities improvement special fund;

     (2)  A sum, not to exceed $5,000,000, from all general excise tax revenues realized by the State shall be deposited in the state treasury in each fiscal year to the credit of the compound interest bond reserve fund; [and]

     (3)  A sum from all general excise tax revenues realized by the State that is equal to one-half of the total amount of funds appropriated or transferred out of the hurricane reserve trust fund under sections 4 and 5 of Act 62, Session Laws of Hawaii 2011, shall be deposited into the hurricane reserve trust fund in fiscal year 2013-2014 and in fiscal year 2014-2015; provided that the deposit required in each fiscal year shall be made by October 1 of that fiscal year[.];

     (4)  The sum that represents one-half of .001 per cent of the general excise tax revenues realized by the State each fiscal year shall be deposited quarterly into the special land and development fund established under section 171-19, to be used only for the Hawaii statewide trail and access program established under section 198D-2; and

     (5)  The sum that represents one-half of .001 per cent of the general excise tax revenues realized by the State each fiscal year shall be deposited quarterly into the state parks special fund, established under section 184-3.4."

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

     SECTION 7.  This Act shall take effect upon ratification of a constitutional amendment requiring .001 per cent of the general excise tax revenues to be appropriated for the special land and development fund for the Hawaii statewide trail and access program and the state parks special fund; provided that the amendments to section 171-19(a), Hawaii Revised Statutes, in section 1 of this Act shall not be repealed when section 171-19(a), Hawaii Revised Statutes, is reenacted on June 30, 2013 pursuant to Act 209, Session Laws of Hawaii 2010.

 

INTRODUCED BY:

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Report Title:

Special Land and Development Fund; Hawaii Statewide Trail and Access Program; State Parks Special Fund; General Excise Tax

 

Description:

Requires that one-half of .001% of GET revenues be allocated each to the special land and development fund for the Hawaii statewide trail and access program and the state parks special fund.  Effective upon constitutional amendment.

 

 

 

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