REPORT TITLE:
Land Division Special Fund


DESCRIPTION:
Allows for the deposit of moneys collected from lessees of public
lands within industrial parks into the special Land and
Development Fund.  Abolishes the Industrial Special Fund and
transfers the fund balance and liabilities to the Special Land
and Development Fund.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2914
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE SPECIAL FUNDS OF THE LAND DIVISION.



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], as implemented by Article XII, section 6, of the State
 
 9 Constitution, all proceeds of sale of public lands, including
 
10 interest on deferred payments; all rents from leases, licenses,
 
11 and permits derived from public lands; all moneys collected from
 
12 lessees of public lands within industrial parks; all fees, fines,
 
13 and other administrative charges collected under this chapter[;]
 
14 and chapter 183C; a portion of the highway fuel tax collected
 
15 under chapter 243; fees charged by the department for the
 
16 commercial use of public trails and trail accesses under the
 
17 jurisdiction of the department; and private contributions for the
 
18 management, maintenance, and development of trails and accesses
 
19 shall be set apart in the fund and shall be used only as
 

 
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 1 authorized by the legislature for the following purposes:
 
 2      (1)  To reimburse the general fund of the State for advances
 
 3           made that are required to be reimbursed from the
 
 4           proceeds derived from sales, leases, licenses, or
 
 5           permits of public lands;
 
 6      (2)  For the planning, development, management, operations,
 
 7           or maintenance of all lands and improvements under the
 
 8           control and management of the board, including but not
 
 9           limited to permanent or temporary staff positions who
 
10           may be appointed without regard to [[]chapters[]] 76
 
11           and 77;
 
12      (3)  To repurchase any land, including improvements, in the
 
13           exercise by the board of any right of repurchase
 
14           specifically reserved in any patent, deed, lease, or
 
15           other documents or as provided by law;
 
16      (4)  For the payment of all appraisal fees; provided that
 
17           all fees reimbursed to the board shall be deposited in
 
18           the fund;
 
19      (5)  For the payment of publication notices as required
 
20           under this chapter; provided that all or a portion of
 
21           the expenditures may be charged to the purchaser or
 
22           lessee of public lands or any interest therein under
 
23           rules adopted by the board;
 

 
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 1      (6)  For the management, maintenance, and development of
 
 2           trails and trail accesses under the jurisdiction of the
 
 3           department not to exceed $500,000 in any fiscal year;
 
 4      (7)  For the payment to private land developers who have
 
 5           contracted with the board for development of public
 
 6           lands under section 171-60; [and]
 
 7      (8)  For the payment of debt service on revenue bonds issued
 
 8           by the department, and the establishment of debt
 
 9           service and other reserves deemed necessary by the
 
10           board;
 
11      (9)  To reimburse the general fund for debt service on
 
12           general obligation bonds issued to finance departmental
 
13           projects, where the bonds are designated to be
 
14           reimbursed from the special land and development fund;
 
15           and
 
16     [(8)] (10)  For other purposes of this chapter."
 
17      SECTION 2.  Section 171-138, Hawaii Revised Statutes, is
 
18 repealed.
 
19      ["171-138  Industrial park special fund.(a)  There is
 
20 established within the treasury of the State the industrial park
 
21 special fund.  The proceeds of the special fund shall be used for
 
22 the following purposes:
 
23      (1)  Planning, design, improvement, construction, land
 

 
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 1           acquisition, and equipment necessary for the
 
 2           development or maintenance of industrial parks;
 
 3      (2)  Constructing, operating, maintaining, and improving
 
 4           infrastructure and other public or common facilities
 
 5           within industrial parks;
 
 6      (3)  Payment of debt service on revenue bonds issued by the
 
 7           department for industrial park purposes, and the
 
 8           establishment of debt service and other reserves deemed
 
 9           necessary by the board;
 
10      (4)  Reimbursement of the general fund for debt service on
 
11           general obligation bonds issued to finance industrial
 
12           park projects, where the bonds are designated to be
 
13           reimbursable out of the industrial park special fund;
 
14           and
 
15      (5)  Any other purpose deemed necessary by the board for the
 
16           purpose of planning, improving, developing, operating,
 
17           and maintaining industrial parks.
 
18      (b)  The following shall be deposited into the special fund:
 
19      (1)  Appropriations by the legislature to the special fund;
 
20      (2)  Lease rents collected from eligible lessees of public
 
21           lands within industrial parks;
 
22      (3)  Assessments collected from eligible lessees of public
 
23           lands within industrial parks which are charged by the
 

 
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 1           board pursuant to conditions in the leases; and
 
 2      (4)  Interest earned or accrued on moneys in the special
 
 3           fund."]
 
 4      SECTION 3.  The director of finance shall transfer the
 
 5 unexpended balance, including encumbrances and accrued
 
 6 liabilities, of the industrial park special fund calculated as of
 
 7 the close of business on June 30, 2000, to the credit of the
 
 8 special land and development fund.  Encumbered moneys shall
 
 9 continue to be encumbered until paid out or released from prior
 
10 encumbrances.
 
11      SECTION 4.  There is appropriated out of the special land
 
12 and development fund the sum of $2,000,000, or so much thereof as
 
13 may be necessary, for fiscal year 2000-2001 for purposes of this
 
14 fund.  The sum appropriated shall be expended by the department
 
15 of land and natural resources for the purposes of this fund.
 
16      SECTION 5.  Statutory material to be repealed is bracketed.
 
17 New statutory material is underscored.
 
18      SECTION 6.  This Act shall take effect on June 29, 2000,
 
19 except that sections 1, 2, and 4 shall take effect on July 1,
 
20 2000.