1184
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE SPECIAL LAND AND DEVELOPMENT FUND.



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

 1      SECTION 1.  Section 171-19, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  There is created in the department a special fund to
 
 4 be designated as the "special land and development fund".
 
 5 Subject to the Hawaiian Homes Commission Act of 1920, as amended,
 
 6 and section 5(f) of the Admission Act of 1959, and except as
 
 7 provided under section 171-138 for the industrial park special
 
 8 fund, all proceeds of sale of public lands, including interest on
 
 9 deferred payments; all rents from leases, licenses, and permits
 
10 derived from public lands; all fees, fines, and other
 
11 administrative charges collected under this chapter; a portion of
 
12 the highway fuel tax collected under chapter 243; fees charged by
 
13 the department for the commercial use of public trails and trail
 
14 accesses under the jurisdiction of the department; and private
 
15 contributions for the management, maintenance, and development of
 
16 trails and accesses shall be set apart in the fund and shall be
 
17 used only as authorized by the legislature for the following
 
18 purposes:
 
19      (1)  To reimburse the general fund of the State for advances
 

 
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 1           made that are required to be reimbursed from the
 
 2           proceeds derived from sales, leases, licenses, or
 
 3           permits of public lands;
 
 4      (2)  For the planning, development, management, operations,
 
 5           or maintenance of all lands under the control and
 
 6           management of the board, including repairs or
 
 7           improvements thereon; [provided that the department
 
 8           shall not expend in excess of $500,000 in any fiscal
 
 9           year without the prior approval of the governor;]
 
10      (3)  To repurchase any land, including improvements, in the
 
11           exercise by the board of any right of repurchase
 
12           specifically reserved in any patent, deed, lease, or
 
13           other documents or as provided by law;
 
14      (4)  For the payment of all appraisal fees; provided that
 
15           all fees reimbursed to the board shall be deposited in
 
16           the fund;
 
17      (5)  For the payment of publication notices as required
 
18           under this chapter; provided that all or a portion of
 
19           the expenditures may be charged to the purchaser or
 
20           lessee of public lands or any interest therein under
 
21           rules adopted by the board;
 
22      (6)  For the management, maintenance, and development of
 
23           trails and trail accesses under the jurisdiction of the
 

 
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 1           department not to exceed $500,000 in any fiscal year;
 
 2           and]
 
 3      (7)  For the payment to private land developers who have
 
 4           contracted with the board for development of public
 
 5           lands under section 171-60[.]; and
 
 6      (8)  For other purposes of this chapter."
 
 7      SECTION 2.  Statutory material to be repealed is bracketed.
 
 8 New statutory material is underscored.
 
 9      SECTION 3.  This Act shall take effect upon its approval.
 
10 
 
11                           INTRODUCED BY: ________________________
 

 
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