Land and Development Fund

Allows for the deposit of moneys generated by the disposition of
mineral and water rights into the Special Land and Development
Fund.  (HD1)

THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                H.D. 1
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 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 moneys collected under section 171-58 for
10 mineral and water rights; all rents from leases, licenses, and
11 permits derived from public lands; all fees, fines, and other
12 administrative charges collected under this chapter; a portion of
13 the highway fuel tax collected under chapter 243; fees charged by
14 the department for the commercial use of public trails and trail
15 accesses under the jurisdiction of the department; [and] private
16 contributions for the management, maintenance, and development of
17 trails and accesses shall be set apart in the fund and shall be
18 used only as authorized by the legislature for the following
19 purposes:

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

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                                                        H.D. 1

 1           trails and trail accesses under the jurisdiction of the
 2           department not to exceed $500,000 in any fiscal year;
 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[.]; and
 7      (9)  For the protection, planning, management, and
 8           regulation of water resources under chapter 174C."
 9      SECTION 2. Statutory material to be repealed is bracketed.
10 New statutory material is underscored.
11      SECTION 3. This Act shall take effect on July 1, 2000.