THE SENATE

S.B. NO.

251

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO HARBORS.

 

 

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

 


     SECTION 1.  The purpose of this Act is to address harbors.

     More specifically, this Act:

     (1)  Requires the fuel taxes paid by ocean-going ships, tugs, and dredges to be deposited into the harbor special fund instead of the boating special fund; and

     (2)  Authorizes the use of harbor special funds for environmental remediation of the waters of or adjacent to commercial harbors.

     The legislature finds that this Act promotes fairness by requiring the deposit into the harbor special fund of fuel taxes paid by ships.  The legislature notes that this Act follows the situation with respect to fuel taxes paid by small boats, which are currently deposited into the boating special fund.

     The legislature further finds that this Act provides a potential source of funds for environmental clean-up of commercial harbor waters.  Other state sources of funds are not sufficient for this activity, necessitating the pursuit of alternatives.

     SECTION 2.  Section 248-8, Hawaii Revised Statutes, is amended to read as follows:

     "§248-8  Special funds in treasury of State.  (a)  There are created in the treasury of the State three special funds to be known, respectively, as the state highway fund, the airport revenue fund, and the boating special fund.  All taxes collected under chapter 243 in each calendar year, except the "county of Hawaii fuel tax", "city and county of Honolulu fuel tax", "county of Maui fuel tax", and "county of Kauai fuel tax", shall be deposited in the state highway fund; provided that:

     (1)  All taxes collected under chapter 243 with respect to gasoline or other aviation fuel sold for use in or used for airplanes shall be set aside in the airport revenue fund; [and]

     (2)  All taxes collected under chapter 243 with respect to liquid fuel sold for use in or used for small boats shall be deposited in the boating special fund[.]; and

     (3)  All taxes collected under chapter 243 with respect to liquid fuel sold for use in or used for ocean-going ships, tugs, and dredges shall be deposited in the harbor special fund.

     (b)  As used in this section[,]:

     "Ocean-going ships, tugs, and dredges" means all vessels and other watercraft operated in overseas transportation beyond the State and ocean-going tugs and dredges.

     "[small] Small boats" means all vessels and other watercraft except those operated in overseas transportation beyond the State, and ocean-going tugs and dredges.

     (c)  The chairperson of the board of land and natural resources, from July 1, 1992, and every three years thereafter, shall establish standards or formulas that will as equitably as possible establish the total taxes collected under chapter 243 in each fiscal year that are derived from the sale of liquid fuel for use in or used for small boats.  The amount so determined shall be deposited in the boating special fund.

     (d)  An amount equal to 0.3 per cent of the highway fuel tax but not more than $250,000 collected under chapter 243 shall be allocated each fiscal year to the special land and development fund for purposes of the management, maintenance, and development of trails and trail accesses under the jurisdiction of the department of land and natural resources established under section 198D-2."

     SECTION 3.  Section 266-19, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is created in the treasury of the State the harbor special fund.  All moneys received by the department of transportation from the rates, fees, fines, and administrative penalties pursuant to sections 266-17(a)(1), 266-25, 266-28, and 266-30 and liquid fuel taxes pursuant to section 248-8 shall be paid into the harbor special fund.  The harbor special fund and the second separate harbor special fund heretofore created shall be consolidated into the harbor special fund at such time as there are no longer any revenue bonds payable from the second separate harbor special fund.  The harbor reserve fund heretofore created is abolished.

     All moneys derived pursuant to this chapter from harbor properties of the statewide system of harbors shall be paid into the harbor special fund and each fiscal year shall be appropriated, applied, or expended by the department of transportation for the statewide system of harbors for any purpose within the jurisdiction, powers, duties, and functions of the department of transportation related to the statewide system of harbors, including, without limitation, the costs of operation, maintenance, and repair of the statewide system of harbors and reserves therefor, and acquisitions (including real property and interests therein), constructions, additions, expansions, improvements, renewals, replacements, reconstruction, engineering, investigation, and planning, for the statewide system of harbors, all or any of which in the judgment of the department of transportation are necessary to the performance of its duties or functions.  The environmental remediation of waters within or adjacent to the statewide system of harbors shall be an authorized use of the proceeds of the harbor special fund."

     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, 2015.

 

INTRODUCED BY:

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Report Title:

Fuel Taxes Paid By Ships; Harbor Special Fund

 

Description:

Requires fuel taxes paid by ocean-going ships, tugs, and dredges to be deposited into the harbor special fund.  Authorizes the use of harbor special funds for environmental remediation of the waters of harbors.

 

 

 

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