HOUSE OF REPRESENTATIVES |
H.B. NO. |
1299 |
THIRTY-FIRST LEGISLATURE, 2021 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO NON-GENERAL FUNDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I. INTRODUCTION
SECTION 1. The coronavirus disease 2019 pandemic has swept across the nation and many parts of the world with unanticipated force and brought with it enormous challenges for governments at all levels. These challenges provide opportunities to restructure.
The legislature finds that, fundamentally, non-general funds must be reviewed and scrutinized just as much as general funds to determine if resources are being deployed effectively and efficiently.
The purpose of this Act is to trigger a full accounting of various non-general funded program objectives, performance, and results by repealing or abolishing those non-general funds.
PART II. DEPARTMENT OF AGRICULTURE
SECTION 2. Section 155-4, Hawaii Revised Statutes, is amended to read as follows:
"§155-4 Powers and duties of the department. The department of agriculture shall have the following powers:
(1) Employ a
secretary, who may be exempt from chapter 76, and other full-time and part-time
employees, subject to chapter 76, as are necessary to effectuate the purposes
of this chapter[, subject further to the limitation of funds in the
agricultural loan reserve fund];
(2) Designate agents throughout the State as may be necessary for property appraisal, the consideration of loan applications, and the supervision of farming operations of borrowers. The agents may be compensated for their services at rates the department in its discretion may fix;
(3) Initiate and carry on a continuing research and education program, utilizing and coordinating the services and facilities of other government agencies and private lenders to the maximum, to inform qualified farmers concerning procedures for obtaining loans and to inform private lenders concerning the advantages of making loans to qualified farmers;
(4) Cooperate with private and federal government farm loan sources to increase the amount of loan funds available to qualified farmers in the State;
(5) Assist individual qualified farmers in obtaining loans from other sources. Insofar as available funds and staff permit, counsel and assist individual farmers in establishing and maintaining proper records to prove their farming ability for loan purposes;
(6) Insure loans made to qualified farmers and food manufacturers by private lenders under section 155-5;
(7) Participate in loans made to qualified farmers and food manufacturers by private lenders under section 155-6;
(8) Make direct loans to qualified farmers and food manufacturers under section 155-8;
(9) Borrow money for loan purposes;
(10) Assign and sell mortgages;
(11) Hold title to, maintain, use, manage, operate, sell, lease, or otherwise dispose of personal and real property acquired by way of foreclosure, voluntary surrender, or otherwise, to recover moneys loaned;
(12) Sue and be sued in the name of the "State of Hawaii";
(13) Exercise incidental powers as are deemed necessary or requisite to fulfill its duty in carrying out the purposes of this chapter;
(14) Delegate authority to its chairperson to approve loans, where the requested amount plus any principal balance on existing loans to the applicant, does not exceed $25,000 of state funds; and
(15) Adopt rules pursuant to chapter 91 necessary for the purpose of this chapter."
SECTION 3. Section 155-14, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) [All interest and fees collected by the
department shall be deposited in the agricultural loan reserve fund to the extent
needed to carry on the operations of the department including payments for
consultative services that would strengthen the agriculture loan program; any
moneys surplus to these needs shall be transferred to the agricultural loan
revolving fund at the discretion of the department.] All payments received on account of principal
shall be credited to the agricultural loan revolving fund."
SECTION 4. Section 150A-4.5, Hawaii Revised Statutes, is repealed.
["§150A-4.5 Pest inspection,
quarantine, and eradication fund. (a) There is established in the state treasury
the pest inspection, quarantine, and eradication fund, into which shall be
deposited:
(1) Legislative
appropriations for biosecurity and inspection, quarantine, and eradication
services;
(2) Service fees,
charges, and penalties collected under section 150A-5.3;
(3) Fees imposed
for services pursuant to this chapter or rules adopted under this chapter;
(4) Fines for
violations of this chapter;
(5) Federal funds
received for biosecurity, pest inspection, control, management, quarantine, and
eradication programs;
(6) Grants
and gifts;
(7) All
interest earned or accrued on moneys deposited in the fund; and
(8) Any
other moneys made available to the fund.
(b) The moneys in the pest inspection,
quarantine, and eradication fund shall be expended by the department for the operation
of biosecurity and pest inspection, quarantine, eradication, and monitoring
programs; the electronic importer manifest program; related facilities; the
execution of emergency remedial measures when pests are detected in the course
of inspection and quarantine activities by the department; training of
inspectors; education of the agricultural industry, permit and certificate
holders, and the general public as to import requirements; and for any other
purposes deemed necessary to carry out the purposes of this chapter. In
addition, the moneys shall be expended to facilitate the processing and
issuance of permits and microorganism import documents and for the operations,
activities, and monitoring of permitted and certified plants, animals, and
microorganisms."]
SECTION 5. Section 155-34, Hawaii Revised Statutes, is repealed.
["[§155‑34] Hawaii water
infrastructure special fund. (a) There is established the Hawaii water
infrastructure special fund into which shall be deposited:
(1) Water infrastructure charges received for
the use and services of the loan program, including the repayment of loans made
under the loan program;
(2) All other funds
received by the department and legally available for the purposes of the water
infrastructure special fund;
(3) Interest earnings
on all amounts in the water infrastructure special fund; and
(4) Any other moneys permitted by the board of
agriculture.
(b) Moneys in the water infrastructure special
fund may be used for the purposes of:
(1) Making water infrastructure loans;
(2) Paying administrative costs of the loan
program; or
(3) Paying any other costs related to the loan
program."]
SECTION 6. Section 157-29, Hawaii Revised Statutes, is repealed.
["§157-29 Milk control special
fund. There is established
the milk control special fund to be administered by the board of
agriculture. All moneys received by the
board of agriculture as application fees and for licenses or otherwise under
this chapter, and any state appropriations or other moneys made available to carry
out the purposes of this chapter, shall be deposited into the special
fund. All interest earned or accrued on
moneys deposited in the special fund shall become part of the special fund. Moneys in the special fund shall be expended
to cover all costs of administering this chapter including but not limited to
the costs of salaries, fringe benefits, operating expenses, equipment, motor
vehicles, contracts for services, and promotional expenses. Moneys in the special fund may be transferred
to the general fund for salaries and fringe benefits of other state employees
assisting in administering this chapter and other related costs. A reserve in an amount of not less than
$300,000 shall be maintained in the special fund to cover contingency costs
including but not limited to accrued vacation leave, audits, unemployment
insurance, and workers' compensation."]
SECTION 7. Sections 150A-5.3(a), 150A-5.4(b), 150A-7.6(b), 150A-21, 150A-23, 150A-31, 150A-42, 150A-54, and 155-6.5(a), Hawaii Revised Statutes, are amended by substituting the words "general fund" or similar term, wherever the words "pest inspection, quarantine, and eradication fund under section 150A‑4.5", or "pest inspection, quarantine, and eradication fund", "agricultural loan reserve fund" or similar term, appears, as the context requires.
SECTION 8. The following funds (account code) are abolished:
(1) Measurement standards (S-309-A);
(2) Aquaculture loan reserve fund (S-310-A);
(3) Biosecurity program(S-312-A);
(4) General administration for agriculture (S-319-A);
(5) Agr dev/food security - add (S-321-A);
(6) Agr dev/food security - pi (S-333-A);
(7) Agr dev/food security - arm (S-335-A);
(8) Agribusiness development & research (S-337-A); and
(9) Agricultural dev & food security spec fd (S-352-A),
and any unencumbered balances shall lapse to the credit of the general fund.
PART III. DEPARTMENT OF BUDGET AND FINANCE
SECTION 9. The mass transit special fund, account code S‑350-O, is abolished and the unencumbered balance shall lapse to the credit of the general fund.
This section shall not be construed to abolish the departmental administration and budget division, account code S‑316-O, commonly known as the main mass transit special fund account or the mass transit special fund account.
PART IV. DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM
SECTION 10. The hydrogen investment capital special fund, account code S-308-B, is abolished and the unencumbered balance shall lapse to the credit of the general fund.
PART V. DEFENSE
SECTION 11. The following
funds (account code) are abolished:
(1) Personal protective equipment (S-350-G);
(2) Tsunami & hurricane preparedness efforts (T-906-G); and
(3) Juvenile accountability block grant (T-911-G),
and any unencumbered balances shall lapse to the credit of the general fund.
PART VI. DEPARTMENT OF EDUCATION
SECTION 12. Section 302A-425, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f) Fees collected pursuant to this section shall
be deposited into the [private trade, vocational, and technical school licensure
special] general fund."
SECTION 13. Section 302A-425.5, Hawaii Revised Statutes, is repealed.
["[§302A-425.5] Private trade,
vocational, and technical school licensure special fund. There is created in the state
treasury a special fund to be designated as the private trade, vocational, and
technical school licensure special fund into which shall be deposited:
(1) All revenues
and fees collected by the department pursuant to section 302A-425; and
(2) Appropriations
from the general fund of the State.
Moneys in the private trade, vocational, and
technical school licensure special fund shall be used to fund activities
related to the licensure requirements established under section 302A‑425,
including funding for permanent staff positions and administrative and
operational costs."]
PART VII. DEPARTMENT OF HEALTH
SECTION 14. Section 103D-407, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) As used in this section:
"Basecourse" means the layer or layers of specified material or selected material of a designed thickness to support a surface course.
["Environmental management
special fund" means the fund established by section 342G-63.]
"Nonstructural backfill" means use as fill in areas not subject to structural loading, including but not limited to utility line bedding, drainage backfill behind retaining walls, drainage line backfill in leachfields or french drains, and similar uses."
SECTION 15. Section 342G-1, Hawaii Revised Statutes, is amended by deleting the definition of "environmental management special fund".
[""Environmental
management special fund" means the fund created by section 342G-63."]
SECTION 16. Section 342G-15, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The coordinator shall prepare and submit an annual report to each county, the director, the governor, and the legislature, twenty days prior to the convening of each regular session of the legislature, describing the activities of the office. The annual report shall provide the information required in this chapter, including, but not limited to:
(1) A summary of the results achieved in meeting the state waste reduction goals, including the amounts of waste disposed of, diverted, and generated in the State, and the progress toward managing waste in consideration of the state solid waste management priorities;
(2) Results achieved in county integrated solid waste management planning and the state plan, with timetables for completion and implementation;
(3) Results achieved in implementing procurement programs, including the amount of recycled goods and materials purchased by the State and counties;
(4) Total paper consumption by state and county agencies and results achieved with the office paper reduction goal;
(5) Results achieved by government agencies in establishing office paper and other materials recovery programs;
(6) Results achieved by state and county agencies in removing barriers to the development of recycling markets and in developing markets and supporting businesses that use recovered materials;
(7) A summary of results achieved by state and county agencies in the provision and execution of the statewide public awareness and education program;
(8) A summary of results achieved by agencies to improve energy efficiency and to reduce reliance on imported fuels in compliance with sections 226-18 and 226-52; and
(9) A summary and
schedule of the key solid waste management goals and objectives planned for the
following year at state and county levels[; and
(10) Revenues into
and expenditures from the environmental management special fund during the
previous fiscal year and projections for revenues and expenditures in the
coming fiscal year]."
SECTION 17. Section 342G-62, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The surcharge collected pursuant to this section
shall be deposited into the [environmental management special fund. All interest earned or accrued on moneys
deposited in the fund shall become a part of the] general fund."
SECTION 18. Section
342G-84, Hawaii Revised Statutes, is amended as follows:
1. By amending its title and subsections (a) and (b) to read:
"§342G-84 Deposit into [environmental
management special] the general fund; distribution to counties. (a)
Revenues generated from the advance disposal fee shall be deposited into
[a special account in the environmental management] the general
fund. [Moneys from the special
account shall be used to] Subject to available funds appropriated by the
legislature, the department may fund county glass recovery programs
established in accordance with the requirements under section 342G-86; provided
that no moneys shall be made available to a county unless the county has first
submitted its formally adopted integrated solid waste management plan to the
department for review. [In the event
of any surplus in the special account, the department shall recommend a
reduction in the fee as deemed necessary.]
(b) The department shall distribute [the moneys
contained in the special account] available funds to the counties in
proportion to the amount of glass imported into each county based on the
county's de facto population. The
distribution shall be in the form of direct contracts with the department as
permitted under chapters 103 and 103D or transfer of funds from the department."
2. By amending subsection (d) to read:
"(d) All moneys distributed to the counties under
subsection (b), and not used by the counties as specified in section 342G-86,
shall be returned to the State for deposit into the [environmental
management special] general fund at the end of each annual contract
period."
SECTION 19. Section 342P-28, Hawaii Revised Statutes, is amended to read as follows:
"§342P-28 Fees. The director may establish reasonable fees
for the issuance of notifications, certificates, licenses, permits, and
variances to cover the cost of issuance thereof, and for the implementation and
enforcement of the terms and conditions of permits and variances not including
court costs or other costs associated with any formal enforcement action. The fees shall be deposited to the credit of
the [asbestos and lead abatement special fund or noise, radiation, and
indoor air quality special] general fund."
SECTION 20. Section 466J-5, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) The applicant applying for a license to
practice as a radiographer, as a radiation therapist, or as a nuclear medicine
technologist shall pay a nonrefundable application fee to the department. All [fees received by the department
pursuant to this section shall be deposited into the noise, radiation, and
indoor air quality special fund established pursuant to section 342P-7;
provided that any other] moneys collected pursuant to this chapter shall be
deposited with the director of finance to the credit of the general fund,
unless otherwise provided by law."
SECTION 21. Section 321-27, Hawaii Revised Statutes, is repealed.
["§321-27 Sanitation and
environmental health special fund.
(a) There is established within
the department of health the sanitation and environmental health special fund
into which shall be deposited all moneys collected from fees for permits,
licenses, inspections, various certificates, variances, investigations, and
reviews, pursuant to sections 321-11.5(c) and 321-15.
(b) Moneys in the fund shall be expended by the
department to partially fund the operating costs of program activities and
functions authorized pursuant to section 321-11 to enhance the capacity of
sanitation and environmental health programs to:
(1) Improve public
outreach efforts and consultations to regulated businesses and industries;
(2) Educate the
public, staff, and regulated businesses and industries;
(3) Plan for future
growth and expansion to meet emerging needs;
(4) Provide
training opportunities to ensure the maintenance of professional competence
among sanitation and environmental health staff and administrators; and
(5) Conduct program
activities and functions of the sanitation branch, including permit issuance,
inspections, and enforcement and the hiring of additional inspectors;
provided that for environmental health programs,
not more than $140,000 of the fund may be used during any fiscal year for fund
administration, including the hiring of not more than two full-time equivalent
personnel, and the purchase of office and electronic equipment.
(c) Any amount in the fund in excess of $1,500,000
on June 30 of each year shall be deposited into the general fund.
(d) The department of health shall submit a
report to the legislature concerning the status of the sanitation and environmental
health special fund, including:
(1) The amount of
moneys taken in by and expended from the fund; and
(2) The sources of
receipts and uses of expenditures,
not less than twenty days prior to the convening
of each regular session."]
SECTION 22. Section 342G-63, Hawaii Revised Statutes, is repealed.
["§342G-63 Establishment of the
environmental management special fund. (a)
There is created in the state treasury an environmental management special
fund. The fund may receive legislative
appropriations, grants and gifts.
(b) All moneys collected pursuant to section
342G-62 shall be deposited into the environmental management special fund. All interest earned or accrued on moneys
deposited into the fund shall become a part of the fund.
(c) The department shall expend moneys contained
in the environmental management special fund to:
(1) Partially fund
the operating costs of the program including its regulatory functions and the
development of waste reduction and diversion activities as mandated by chapter
342G;
(2) Fund statewide
education, demonstration, and market development programs, through direct
contract or direct transfer of funds to the counties and the department of
business, economic development, and tourism, or under a grant program that may
be developed under rules pursuant to chapter 91; and
(3) Provide for
annual training for municipal solid waste operators in compliance with 40 Code
of Federal Regulations Part 258 and chapter 11-58, Hawaii Administrative Rules."]
SECTION 23. Section 342G-64, Hawaii Revised Statutes, is repealed.
["[§342G-64] Administration of
the environmental management special fund. (a)
The department may adopt rules to administer the environmental
management special fund. During the
interim period until such rules are established, the department may distribute
funding to the counties or the department of business, economic development,
and tourism in the form of a contractual agreement pursuant to section 103-22.
(b) The office shall not award any grant or
contract under this section to any county that has failed to comply with the
conditions set forth in this part and any rules adopted pursuant thereto.
(c) Unexpended or unencumbered grant funds shall
revert to the environmental management special fund at the end of the fiscal year
following the year in which the funds were granted."]
SECTION 24. Section 342I-29, Hawaii Revised Statutes, is repealed.
["[§342I-29] Deposit into
environmental management special fund. The surcharge collected pursuant to this part
shall be deposited into a special account in the environmental management
special fund established by section 342G-63.
All interest earned or accrued on moneys deposited in the fund pursuant
to this section shall become part of the account. Moneys from this special account may be used
by the department to:
(1) Support
permitting, monitoring, and enforcement activities, including personnel costs
regarding used tire management, collection, recycling, and disposal facilities;
(2) Promote
improved market development and reuse opportunities for recovered motor vehicle
tires;
(3) Promote tire
recovery, recycling, and reuse in the State through education, research, and
demonstration projects;
(4) Implement the
surcharge program under this part;
(5) Support programs
to prevent illegal dumping; and
(6) Clean up
improper tire disposal sites including conducting related environmental
assessments and remediation."]
SECTION 25. Section 342P-7, Hawaii Revised Statutes, is repealed.
["[§342P-7] Noise, radiation,
and indoor air quality special fund; established. (a)
There is established within the department of health a noise, radiation,
and indoor air quality special fund into which shall be deposited all moneys
collected from fees for permits, licenses, inspections, certificates,
notifications, variances, investigations, and review, pursuant to sections
342F-14, 342P-28, 466J-4, and 466J-5.
(b) Moneys in the fund shall be expended by the
department to:
(1) Partially fund
the operating costs of the program mandated activities and functions;
(2) Fund statewide
education, demonstration, and outreach programs;
(3) Provide
training opportunities to ensure the maintenance of professional competence
among staff and administrators; and
(4) Plan for future
growth and expansion to meet emerging needs."]
SECTION 26. Section 342P-8, Hawaii Revised Statutes, is repealed.
["[§342P-8 Asbestos and lead abatement special fund.] (a)
There is established within the department of health an asbestos and lead abatement special fund into which shall be deposited all
moneys collected from fees for permits, licenses, inspections, certificates,
notifications, variances, investigations, and reviews.
(b) Moneys in the asbestos and lead abatement
special fund shall be expended by the department to:
(1) Partially fund
the operating costs of the asbestos and lead abatement program's mandated
activities and functions;
(2) Fund statewide
education, demonstration, and outreach programs;
(3) Provide for the
accreditation of training programs;
(4) Provide
training opportunities to ensure the maintenance of professional competence
among staff and administrators; and
(5) Plan for future
growth and expansion to meet emerging needs."]
SECTION 27. Section 448B-10, Hawaii Revised Statutes, is repealed.
["§448B-10 Dietitian licensure special fund.
(a) There is established
in the state treasury a special fund to be known as the dietitian licensure
special fund to be administered by the department. Fees collected under section
448B-9 shall be deposited in the dietitian licensure special fund and may be
expended for costs associated with administering the licensure program,
including but not limited to education.
(b) Not more than $30,000 of the dietitian
licensure special fund may be used during any fiscal year for activities
associated with administering the licensure program including the costs
associated with administering the licensure program.
(c) Any amount in the dietitian licensure special
fund in excess of $35,000 on June 30 of each fiscal year shall be deposited
into the general fund.
(d) The department shall submit a report to the
legislature concerning the status of the dietitian licensure special fund,
including deposits to and expenditures from the dietitian licensure special
fund and the sources of receipts and uses of expenditures, no later than twenty
days prior to the convening of each regular session."]
SECTION 28. Sections 321-11.5(c),
321-15(a), 342F-14, 342I-28(b), 342I-30(b), and 466J-4(b), Hawaii Revised Statutes, are amended
by substituting the words "general fund" wherever the words "sanitation
and environmental health special fund established under section 321-27", "noise,
radiation, and indoor air quality special fund established pursuant to section
342P‑7", "environmental management special fund as provided in
section 342I-29", "special account of the environmental management
special fund", or similar
term appears, as the context requires.
SECTION 29. The following funds
(account code) are abolished:
(1) Communicable disease & pub hlth nursing (S-318-H);
(2) Maui memorial hospital (S-355-H);
(3) Hana medical center (S-356-H);
(4) Lanai community hospital (S-358-H);
(5) Home visitation program (S-369-H);
(6) Kula hospital (S-371-H); and
(7) Hawaii health systems corp (S-403-H),
and any unencumbered balances shall lapse to the
credit of the general fund.
PART VIII. DEPARTMENT OF HUMAN SERVICES
SECTION 30. Act 156, Session Laws of Hawaii 2012, section
5, as amended by section 3 of Act 142, Session Laws of Hawaii 2013, as amended
by section 2 of Act 124, Session Laws of Hawaii 2014, as amended by section 2
of Act 69, Session Laws of Hawaii 2015, as amended by section 2 of Act 59,
Session Laws of Hawaii 2016, as amended by section 5 of Act 60, Session Laws of
Hawaii 2017, as amended by section 6 of Act 163, Session Laws of Hawaii 2019,
is amended by amending section 5 to read as follows:
"SECTION
5. This Act shall take effect on July 1,
2012, and shall be repealed on June 30, 2021; provided that section
-4, Hawaii Revised Statutes, established by
section 2 of this Act, and the amendment made to section 36-30(a), Hawaii
Revised Statutes, in section 3 of this Act, shall be repealed on [December
31,] July 1, 2021."
SECTION 31. Act 124, Session Laws of Hawaii 2014, section 7, as amended by section 3 of Act 69, Session Laws of Hawaii 2015, as amended by section 3 of Act 59, Session Laws of Hawaii 2016, and as amended by section 6 of Act 60 Session Laws of Hawaii 2017, as amended by section 7 of Act 163, Session Laws of Hawaii 2019, is amended by amending section 7 to read as follows:
"SECTION 7. This Act shall take effect on June 29, 2014; provided that:
(1) Section 5 shall take effect on July 1, 2014; and
(2) The amendments made to section 36-27(a)
and 36-30(a), Hawaii Revised Statutes, in sections 3 and 4 of this Act shall be
repealed on [December 31,] July 1, 2021."
SECTION 32. Act 217, Session Laws of Hawaii 2012, section 5, as amended by section 2 of Act 141, Session Laws of Hawaii 2013, as amended by section 2 of Act 123, Session Laws of Hawaii 2014, as amended by section 2 of Act 70, Session Laws of Hawaii 2015, as amended by section 3 of Act 60, Session Laws of Hawaii 2016, as amended by section 5 of Act 59, Session Laws of Hawaii 2017, as amended by section 6 of Act 173, Session Laws of Hawaii 2019, is amended to read as follows:
"SECTION
5. This
Act shall take effect on July 1, 2012, and shall be repealed on June 30, 2021; provided that section -4,
Hawaii Revised Statutes, in section 2 of this Act, and the amendment to section
36-30(a), Hawaii Revised Statutes, in section 3 of this Act, shall be repealed
on [December 31,] July 1, 2021."
SECTION 33. Act 123, Session Laws of Hawaii 2014, section 7, as amended by section 3 of Act 70, Session Laws of Hawaii 2015, as amended by section 4 of Act 60, Session Laws of Hawaii 2016, as amended by section 6 of Act 59, Session Laws of Hawaii 2017, as amended by section 7 of Act 173, Session Laws of Hawaii 2019, is amended to read as follows:
"SECTION 7. This Act shall take effect on June 29, 2014; provided that:
(1) Section 5 shall take effect on July 1, 2014; and
(2) The amendments made to sections
36-27(a) and 36-30(a), Hawaii Revised Statutes, in sections 3 and 4 of this Act
shall be repealed on [December 31,] July 1, 2021."
SECTION 34. The following funds
(account code) are abolished:
(1) General support for health care payments (S-302-K);
(2) Health care payments (S-303-K); and
(3) Financial assistance for housing (S-339-K),
and any unencumbered balances shall lapse to the credit of the general fund.
PART IX. DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
SECTION 35. Section 706-650.5, Hawaii Revised Statutes, is amended to read as follows:
"§706-650.5 Human trafficking
victim services [fund.] fee. (1) In
addition to any disposition authorized by chapter 706, any individual who is:
(a) Convicted of an offense under part VIII of chapter 707; or
(b) Convicted of an offense under part I of chapter 712;
shall be ordered to pay a fee under subsection (2).
(2) Fees for individuals subject to subsection (1) shall not exceed the following:
(a) $5,000 when the offense is a class A felony;
(b) $2,500 when the offense is a class B felony;
(c) $1,000 when the offense is a class C felony;
(d) $500 when the offense is a misdemeanor; or
(e) $250 when the offense is a petty misdemeanor.
[(3) There is established within the state treasury
a special fund to be known as the human trafficking victim services fund to be
administered by the department of labor and industrial relations. The disbursement of money from the human
trafficking victim services fund shall be used to supplement programs, grants,
or purchase of service contracts that support or provide comprehensive services
to victims of labor trafficking crimes under part VIII of chapter 707, or victims
of trafficking related to crimes under part I of chapter 712. Moneys in the special fund shall be used for
new or existing programs, grants, or purchase of service contracts and shall
not supplant any other moneys previously allocated to these programs, grants,
or purchase of service contracts.
(4)] (3) All fees paid [and interest accrued on
funds collected] pursuant to this section shall be deposited into the [human
trafficking victim services] general fund.
[(5)] (4) When a defendant is ordered to make payments in
addition to the human trafficking victim services fee authorized under subsection
(2), payments by the defendant shall be made pursuant to section 706-651.
[(6)] (5) The department of labor and industrial relations
shall submit to the legislature no later than twenty days prior to the
convening of each regular session a written annual report that provides the
following:
(a) An accounting of the receipts of and expenditures from the human trafficking victim services fund; and
(b) Any recommendations to improve support of and services to victims of labor trafficking crimes under part VIII of chapter 707, or victims of trafficking related to crimes under part I of chapter 712."
SECTION 36. Section 396-20, Hawaii Revised Statutes, is repealed.
["§396-20 Hoisting machine operators' certification
revolving fund. (a) There is established in the state treasury a
revolving fund to be known as the hoisting machine operators' certification
revolving fund into which shall be deposited all fees, penalties, fines, and
interest collected from:
(1) Certification
of hoisting machine operators;
(2) Interest and
investment moneys earned on any moneys in the fund; and
(3) All moneys received
for the fund from any source.
The moneys in the fund may be used to carry out
the purposes of this section. The director
of finance shall disburse the moneys in the fund in accordance with instructions
from the director.
(b) The fund may be used for:
(1) Personnel and
operating expenses, including consultants as necessary, for the hoisting
machine operators advisory board;
(2) All necessary
board costs and reimbursements;
(3) Preparation and
dissemination of public information on hoisting machine operators'
certification and training;
(4) Preparation of
annual reports on certification program activities and accomplishments and on
the fund; and
(5) Any
reimbursements to the state general fund for funds appropriated by the
legislature to establish the revolving fund.
(c) The director shall submit an annual report to
the legislature on the status of the fund, including expenditures and program
results, not less than twenty days prior to the convening of each regular
session."]
SECTION 37. The following funds (account code) are abolished:
(1) Office of community services (S-338-L); and
(2) Placement services (employment & trng) (S-318-L),
and any unencumbered balances shall lapse to the credit of the general fund.
PART X. DEPARTMENT OF LAND AND NATURAL RESOURCES
SECTION 38. The following funds (account code) are abolished:
(1) Conservation
& resources enforcement (S-302-C);
(2) Native resources & fire protection pgm (S-314-C);
(3) Public land trust inventory & info sys (S-315-C);
(4) Ecosystem protection and restoration (S-341-C);
(5) Iucn – sldf (S-371-C);
(6) Hawaii historic preservation special fnd (S-373-C); and
(7) County lifeguard services spec fd (S-376-C),
and any unencumbered balances shall lapse to the credit of the general fund.
PART XI. DEPARTMENT OF THE ATTORNEY GENERAL
SECTION
39. The following funds (account code) are
abolished:
(1) Legal services (S-302-N);
(2) Sex assault response, train & kit test (S-308-N);
(3) Medicaid investigations recovery fund (S-328-N);
(4) Collective bargaining (S-365-N); and
(5) Legislative relief for claims – dot (S-399-N),
and the unencumbered balances shall lapse
to the credit of the general fund.
PART XII. DEPARTMENT OF PUBLIC SAFETY
SECTION 40. The drug law enforcement equipment procurement fund (T-905-V1) is abolished and the unencumbered balance shall lapse to the credit of the general fund.
PART XIII. DEPARTMENT OF TRANSPORTATION
SECTION
41. The following funds (account code) are
abolished:
(1) Kewalo basin (S-053-D);
(2) Barbers point harbor (S-054-D);
(3) Water transportation fac &
svcs support (S-055-D);
(4) Kona international airport (S-066-D);
(5) Legis claims against the state-airports (S-395-D);
and
(6) Legis claims against the state-hwy (S-396-D),
and the unencumbered balances shall lapse
to the credit of the general fund.
PART XIV. UNIVERSITY OF HAWAII
SECTION 42. The following funds (account code) are abolished:
(1) Grant for the bridge-to-hope program (S-320-F); and
(2) Legislative relief for claims – UH (S-399-F),
and the unencumbered balances shall lapse to the credit of the general fund.
PART XV. AUDITOR'S REPORT NO. 20-01, DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM
SECTION 43. The purpose of this part is to reclassify, repeal, or abolish various non-general funds, including accounts of the department of business, economic development, and tourism pursuant to the recommendations made by the auditor in auditor's report no. 20-01 and to transfer the unencumbered balances to the general fund.
SECTION 44. Section 206E-6, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:
"(g)
All sums collected under this section shall be deposited in the Hawaii
community development [revolving] special fund established by section
206E-16; except that notwithstanding section 206E-16, all moneys collected on
account of assessments and interest thereon for any specific public facilities
financed by the issuance of bonds shall be set apart in a separate special fund
and applied solely to the payment of the principal and interest on these bonds,
the cost of administering, operating, and maintaining the program, the
establishment of reserves, and other purposes as may be authorized in the
proceedings providing for the issuance of the bonds. If any surplus remains in any special fund
after the payment of the bonds chargeable against [such] that fund,
it shall be credited to and become a part of the Hawaii community development [revolving]
special fund. Moneys in the
Hawaii community development [revolving] special fund may be used
to make up any deficiencies in the special fund."
SECTION 45. Section 206E-16, Hawaii Revised Statutes, is amended to read as follows:
"[[]§206E-16[]]
Hawaii community development [revolving]
special fund. There is
created the Hawaii community development [revolving] special fund
into which all receipts and revenues of the authority shall be deposited. Proceeds from the fund shall be used for the
purposes of this chapter."
SECTION 46. Section 206E-16.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§206E-16.5[]]
Expenditures of [revolving] special funds under the authority
exempt from appropriation and allotment.
Except as to administrative expenditures, and except as otherwise
provided by law, expenditures from any [revolving] special fund
administered by the authority may be made by the authority without appropriation
or allotment of the legislature; provided that no expenditure shall be made
from and no obligation shall be incurred against any [revolving] special
fund in excess of the amount standing to the credit of the fund or for any
purpose for which the fund may not lawfully be expended. Nothing in sections 37-31 to 37-41 shall
require the proceeds of any [revolving] special fund administered
by the authority to be reappropriated annually."
SECTION 47. Section 206E-184, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) In addition to the conditions and terms set forth in this part, any special facility lease entered into by the authority shall at least contain provisions obligating the other person to the special facility lease:
(1) To pay to the authority during the initial term of the special facility lease, whether the special facility is capable of being used or occupied or is being used or occupied by the other person, a rental or rentals at the time or times and in the amount or amounts that will be sufficient:
(A) To pay the principal and interest on all special facility revenue bonds issued for the special facility;
(B) To establish or maintain any reserves for these payments; and
(C) To pay all fees and expenses of the trustees, paying agents, transfer agents, and other fiscal agents for the special facility revenue bonds issued for the special facility;
(2) To pay to the authority:
(A) A ground rental, as determined by the authority, if the land on which the special facility is located was not acquired from the proceeds of the special facility revenue bonds; or
(B) A properly allocable share of the administrative costs of the authority in carrying out the special facility lease and administering the special facility revenue bonds issued for the special facility, if the land was acquired from the proceeds of the special facility revenue bonds;
(3) To either operate, maintain, and repair the special facility and pay the costs thereof or to pay to the authority all costs of operation, maintenance, and repair of the special facility;
(4) To:
(A) Insure, or cause to be insured, the special facility under builder's risk insurance (or similar insurance) in the amount of the cost of construction of the special facility to be financed from the proceeds of the special facility revenue bonds;
(B) Procure and maintain, or cause to be procured or maintained, to the extent commercially available, a comprehensive insurance policy providing protection and insuring the authority and its officers, agents, servants, and employees (and so long as special facility revenue bonds are outstanding, the trustee) against all direct or contingent loss or liability for damages for personal injury or death or damage to property, including loss of use thereof, occurring on or in any way related to the special facility or occasioned by reason of occupancy by and the operations of the other person upon, in, and around the special facility;
(C) Provide all risk casualty insurance, including insurance against loss or damage by fire, lightning, flood, earthquake, typhoon, or hurricane, with standard extended coverage and standard vandalism and other malicious mischief endorsements; and
(D) Provide insurance for workers' compensation and employer's liability for personal injury or death or damage to property (the other party may self-insure for workers' compensation if permitted by law);
provided that all policies with respect to loss or damage of property including fire or other casualty and extended coverage and builder's risk shall provide for payments of the losses to the authority, the other person, or the trustee as their respective interests may appear; and provided further that the insurance may be procured and maintained as part of or in conjunction with other policies carried by the other person; and provided further that the insurance shall name the authority, and so long as any special facility revenue bonds are outstanding, the trustee, as additional insured; and
(5) To indemnify, save, and hold the authority, the trustee and their respective agents, officers, members, and employees harmless from and against all claims and actions and all costs and expenses incidental to the investigation and defense thereof, by or on behalf of any person, firm, or corporation, based upon or arising out of the special facility or the other person's use and occupancy thereof, including, without limitation, from and against all claims and actions based upon and arising from any:
(A) Condition of the special facility;
(B) Breach or default on the part of the other person in the performance of any of the person's obligations under the special facility lease;
(C) Fault or act of negligence of the other person or the person's agents, contractors, servants, employees, or licensees; or
(D) Accident to, or injury or death of, any person or loss of, or damage to any property occurring in or about the special facility, including any claims or actions based upon or arising by reason of the negligence or any act of the other person.
Any moneys received by the authority
pursuant to paragraphs (2) and (3) shall be paid into the Hawaii community
development [revolving] special fund and shall not be nor be
deemed to be revenues of the special facility."
SECTION 48. Section 206E-185, Hawaii Revised Statutes, is amended to read as follows:
"§206E-185 Special facility revenue bonds. All special facility revenue bonds authorized to be issued in principal amounts not to exceed the total amount of bonds authorized by the legislature shall be issued pursuant to part III of chapter 39, except as follows:
(1) No revenue bonds shall be issued unless at the time of issuance the authority shall have entered into a special facility lease with respect to the special facility for which the revenue bonds are to be issued;
(2) The revenue bonds shall be issued in the name of the authority, and not in the name of the State;
(3) The revenue bonds shall be payable solely from and secured solely by the revenues derived by the authority from the special facility for which they are issued;
(4) The final maturity date of the revenue bonds shall not be later than either the estimated life of the special facility for which they are issued or the initial term of the special facility lease;
(5) If deemed necessary or advisable by the authority, or to permit the obligations of the other person to the special facility lease to be registered under the U.S. Securities Act of 1933, the authority, with the approval of the director of finance, may appoint a national or state bank within or without the State to serve as trustee for the holders of the revenue bonds and may enter into a trust indenture or trust agreement with the trustee. The trustee may be authorized by the authority to collect, hold, and administer the revenues derived from the special facility for which the revenue bonds are issued and to apply the revenues to the payment of the principal and interest on the revenue bonds. If any trustee shall be appointed, any trust indenture or agreement entered into by the authority with the trustee may contain the covenants and provisions authorized by part III of chapter 39 to be inserted in a resolution adopted or certificate issued, as though the words "resolution" or "certificate" as used in that part read "trust indenture or agreement". The covenants and provisions shall not be required to be included in the resolution or certificate authorizing the issuance of the revenue bonds if included in the trust agreement or indenture. Any resolution or certificate, trust indenture, or trust agreement adopted, issued, or entered into by the authority pursuant to this part may also contain any provisions required for the qualification thereof under the U.S. Trust Indenture Act of 1939. The authority may pledge and assign to the trustee the special facility lease and the rights of the authority including the revenues thereunder;
(6) If the authority, with the approval of the director of finance, shall have appointed or shall appoint a trustee for the holders of the revenue bonds, then notwithstanding the provisions of the second sentence of section 39-68, the director of finance may elect not to serve as fiscal agent for the payment of the principal and interest, and for the purchase, registration, transfer, exchange, and redemption, of the revenue bonds, or may elect to limit the functions the director of finance shall perform as the fiscal agent. The authority, with the approval of the director of finance, may appoint the trustee to serve as the fiscal agent, and may authorize and empower the trustee to perform the functions with respect to payment, purchase, registration, transfer, exchange, and redemption, that the authority may deem necessary, advisable, or expedient, including, without limitation, the holding of the revenue bonds and coupons which have been paid and the supervision and conduction of the destruction thereof in accordance with sections 40-10 and 40-11. Nothing in this paragraph shall be a limitation upon or construed as a limitation upon the powers granted in the preceding paragraph to the authority, with the approval of the director of finance, to appoint the trustee, or granted in sections 36-3 and 39-13 and the third sentence of section 39-68 to the director of finance to appoint the trustee or others, as fiscal agents, paying agents, and registrars for the revenue bonds or to authorize and empower the fiscal agents, paying agents, and registrars to perform the functions referred to in that paragraph and sections, it being the intent of this paragraph to confirm that the director of finance as aforesaid may elect not to serve as fiscal agent for the revenue bonds or may elect to limit the functions the director of finance shall perform as the fiscal agent, that the director of finance may deem necessary, advisable, or expedient;
(7) The authority may sell the revenue bonds either at public or private sale;
(8) If
no trustee shall be appointed to collect, hold, and administer the revenues
derived from the special facility for which the revenue bonds are issued, the revenues
shall be held in a separate account in the treasury of the State, separate and
apart from the Hawaii community development [revolving] special
fund, to be applied solely to the carrying out of the resolution, certificate,
trust indenture, or trust agreement authorizing or securing the revenue bonds;
(9) If the resolution, certificate, trust indenture, or trust agreement shall provide that no revenue bonds issued thereunder shall be valid or obligatory for any purpose unless certified or authenticated by the trustee for the holders of the revenue bonds, signatures of the officers of the State upon the bonds required by section 39-56 may be facsimiles of their signatures;
(10) Proceeds of the revenue bonds may be used and applied by the authority to reimburse the other person to the special facility lease for all preliminary costs and expenses, including architectural and legal costs; and
(11) If
the special facility lease shall require the other person to operate, maintain,
and repair the special facility which is the subject of the lease, at the other
person's expense, the requirement shall constitute compliance by the authority with
section 39‑61(a)(2), and none of the revenues derived by the authority
from the special facility shall be required to be applied to the purposes of
section 39‑62(2). Sections
39-62(4), 39-62(5), and 39-62(6) shall not apply to the revenues derived from a
special facility lease."
SECTION 49. Section 206E-195, Hawaii Revised Statutes, is amended by amending its title and subsections (a) and (b) to read as follows:
"[[]§206E-195[]]
Kalaeloa community development [revolving]
special fund. (a)
There is established in the state treasury the Kalaeloa community development
[revolving] special fund, into which shall be deposited:
(1) All revenues, income, and receipts of the
authority for the Kalaeloa community development district, notwithstanding any
other law to the contrary, including section 206E-16;
(2) Moneys directed, allocated, or disbursed to the Kalaeloa
community development district from government agencies or private individuals
or organizations, including grants, gifts, awards, donations, and assessments
of landowners for costs to administer and operate the Kalaeloa community
development district; and
(3) Moneys appropriated to the fund by the legislature.
(b) Moneys in the Kalaeloa community development [revolving]
special fund shall be used for the purposes of this part."
SECTION 50. Section 206E-201, Hawaii Revised Statutes, is amended by amending the definition of "fund" to read as follows:
""Fund"
means the Heeia community development [revolving] special fund."
SECTION 51. Section 206E-204, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:
"[[]§206E-204[]] Heeia community development [revolving]
special fund. (a) There is established in the state treasury the
Heeia community development [revolving] special fund, into which
shall be deposited:
(1) All revenues, income, and receipts of the authority for the district, notwithstanding any other law to the contrary, including section 206E-16;
(2) Moneys directed, allocated, or disbursed to the
district from government agencies or private individuals or organizations, including
grants, gifts, awards, donations, and assessments of landowners for costs to
administer and operate the district; and
(3) Moneys appropriated to the fund by the legislature."
SECTION 52. Section 206M-15.2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Subject to available funds, the research and development program shall:
(1) Apply [the research and development
special fund] funds to support product development, technology
transfer, and commercialization;
(2) Provide capital to support accelerated commercialization activities for qualified Hawaii-based small businesses;
(3) Provide capital to sustain high-potential infrastructure development to assist qualified Hawaii-based small businesses towards commercial success;
(4) Promote efforts that reverse the loss of qualified workers to other states by providing jobs to retain existing Hawaii technology employees and enable highly qualified scientists and engineers to return to living-wage jobs in Hawaii;
(5) Promote efforts that keep technology companies in Hawaii by limiting the need to seek out-of-state venture capital, which dilutes local ownership and increases the probability of high-potential technology companies moving from Hawaii; and
(6) Provide grants of up to $300,000 for
critical product development that enables a qualified Hawaii-based small
business to achieve significant product development and technical milestones."
SECTION 53. Section 210D-4, Hawaii Revised Statutes, is amended to read as follows:
"§210D-4
Hawaii
community-based economic development [revolving] special fund;
established. There is established a [revolving] special
fund to be known as the Hawaii community-based economic development [revolving]
special fund from which moneys shall be loaned or granted by the department
under this chapter. All moneys
appropriated to the fund by the legislature, received as repayments of loans,
payments of interest or fees, and all other moneys received by the fund from
any other source shall be deposited into the [revolving] special
fund and used for the purposes of this chapter.
The department may deposit moneys it receives from the repayments of
loans and payments of interest or fees from the Hawaii capital loan program
established by chapter 210, the Hawaii large fishing vessel purchase,
construction, renovation, maintenance, and repair loan program established by
part II of chapter 189, and the Hawaii small fishing vessel loan program
established by part IV of chapter 189, into the Hawaii community-based economic
development [revolving]
special fund to be used for the purposes of this chapter. The department may use all appropriations and
other moneys in the [revolving] special fund not appropriated for
a designated purpose to make grants or loans."
SECTION 54. Section 210D-8, Hawaii Revised Statutes, is amended to read as follows:
"§210D-8 Powers and duties. The department shall have the necessary powers to carry out the purposes of this chapter, including the following:
(1) With advice from the council, prescribe the qualifications for eligibility of applicants for loans and grants;
(2) With advice from the council, establish preferences and priorities in determining eligibility for financial assistance;
(3) Establish the conditions, consistent with the purpose of this chapter, for the awarding of financial assistance;
(4) Provide for inspection at reasonable hours of facilities, books, and records of a community-based organization that has applied for or has been awarded financial assistance and require the submission of progress and final reports;
(5) Provide loans and grants for community-based economic development activities and community-based enterprises for purposes consistent with this chapter;
(6) Determine the necessity for and the extent of security required in a loan;
(7) Prescribe and provide appropriate management counseling and monitoring of business activities;
(8) Administer the Hawaii community-based
economic development [revolving] special fund;
(9) Include in its budget for subsequent fiscal periods amounts necessary to effectuate the purposes of this chapter;
(10) Participate in loans made to qualified persons by private lenders;
(11) Establish interest rates chargeable by the State for direct and participation loans; and
(12) Adopt rules pursuant to chapter 91 to implement this chapter."
SECTION 55. Section 206M-15.3, Hawaii Revised Statutes, is repealed.
["[§206M-15.3] Research and development special fund;
established. There is
established in the treasury of the State of Hawaii the research and development
special fund to be administered by the development corporation pursuant to
section 206M-15.2."]
SECTION 56. Section 206M-15.6, Hawaii Revised Statutes, is repealed.
["[§206M-15.6] Hawaii technology loan revolving fund. There is established the Hawaii technology
loan revolving fund for the purpose of investing in technology development in
Hawaii. The following shall be deposited
into the Hawaii technology loan revolving fund:
(1) Appropriations from the legislature;
(2) Moneys received as repayments of
loans;
(3) Investment earnings;
(4) Royalties;
(5) Premiums, or fees or equity charged
by the corporation, or otherwise received by the corporation; and
(6) Loans that are convertible to
equity;
provided that
the total amount of moneys in the fund shall not exceed $2,000,000 at the end of
any fiscal year."]
SECTION 57. The Kalaeloa facilities trust account administratively established in 2018 is reclassified as a special fund.
SECTION 58. The energy audits - recipients' share of cost trust account administratively established in 2012 is abolished and any unencumbered balance shall lapse to the credit of the general fund.
PART XVI. AUDITOR'S REPORT NO. 20-18, DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
SECTION 59. The purpose of this part is to abolish or reclassify various non-general funds pursuant to the recommendations by the auditor in auditor's report no. 20-18 and to transfer the unencumbered balances to other appropriate non-general funds.
SECTION 60. The compliance resolution fund--appraisal management registration program special fund administratively established in 2017 is abolished and any remaining unencumbered balance shall lapse to the credit of the compliance resolution fund established pursuant to section 26-9(o), Hawaii Revised Statutes.
SECTION 61. The electrical vehicle charging system rebate program special fund administratively established in 2019 is abolished and any remaining unencumbered balance shall lapse to the credit of the public utilities commission special fund established pursuant to section 269-33, Hawaii Revised Statutes.
SECTION 62. The service contract provider's financial security deposit trust account is reclassified as a trust fund.
PART XVII. AUDITOR'S REPORT NO. 20-16, DEPARTMENT OF HAWAIIAN HOME LANDS
SECTION 63. The legislature finds that section 213(g) of the Hawaiian Homes Commission Act established the Hawaiian home receipts fund but did not specify whether the fund should be classified as a special fund, revolving fund, trust fund, or trust account. The department of Hawaiian home lands has classified the fund as a trust fund. However, the auditor, in auditor report no. 20-16, found that the fund does not meet all the criteria for a trust fund because it functions more like a trust account. Accordingly, the auditor recommended that the fund should be reclassified as a trust account.
The purpose of this part is to reclassify the Hawaiian home receipts fund as a trust account as recommended by the auditor.
SECTION 64. The Hawaiian home receipts fund established pursuant to the section 213(g) of the Hawaiian Homes Commission Act, 1920, as amended, is reclassified as a trust account.
PART XVIII. AUDITOR'S REPORT NO. 20-17, JUDICIARY
SECTION 65. The purpose of this part is to:
(1) Repeal the probation services special fund; and
(2) Reclassify the supreme court bar examination fund,
as recommended by the auditor in auditor report no. 20-17.
SECTION 66. Section 353B-6, Hawaii Revised Statutes, is amended to read as follows:
"§353B-6 Interstate transfer fee. The
judiciary may assess a fee not to exceed $200 for each application made by a
parolee or probationer for a transfer out of the State[; provided that the
fees collected shall be deposited into the probation services special fund
established in section 706‑649]."
SECTION 67. Section 706-648, Hawaii Revised Statutes, is amended by amending subsection (4) to read as follows:
"(4) The defendant shall pay the fee to the clerk
of the court. [The fee shall be deposited
with the director of finance who shall transmit the fee to the probation services
special fund pursuant to section 706-649.]"
SECTION 68. Section 706-649, Hawaii Revised Statutes, is repealed.
["§706-649
Probation services special fund. (1) There
is established in the state treasury a special fund to be known as the probation
services special fund. All probation
services fees collected under section 706-648 shall be deposited into this fund.
(2) Moneys in the probation services special fund
shall be used by the judiciary to:
(a) Monitor and enforce compliance with
the terms and conditions of probation and other supervision programs for
defendants; and
(b) Support other duties and activities
related to the supervision of defendants."]
SECTION 69. The supreme court bar examination fund administratively established in 1994 is reclassified as a special fund.
PART XIX. AUDITOR'S REPORT NO. 20-03, UNIVERSITY OF HAWAII
SECTION 70. The purpose of this part is to:
(1) Repeal or reclassify certain non-general funds of the University of Hawaii pursuant to the recommendations of the auditor in auditor's report no. 20-03; and
(2) Transfer authority to the chancellor of the University of Hawaii at Hilo to expend funds from the conference center revolving fund.
SECTION 71. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to part V, subpart D, to be appropriately designated and to read as follows:
"§304A- Community
colleges revolving fund. (a) Section 304A-2003 notwithstanding, there is
established a community colleges revolving fund to receive, disburse, and account
for funds of programs and activities of the community colleges, including but
not limited to off-campus programs, summer session programs, overseas programs,
evening sessions, study abroad, exchange programs, cultural enrichment programs,
and consultative services that help make available the resources of the
community colleges to the communities they serve.
(b) The revolving fund may include deposits from:
(1) The University of Hawaii tuition and
fees special fund established in section 304A-2153;
(2) Tuition, fees, and charges for
affiliated instructional, training, and public service courses and programs;
and
(3) Fees, fines, and other money collected
for:
(A) Student health;
(B) Transcript and diploma;
(C) Library;
(D) Facility use;
(E) Child care;
(F) Auxiliary enterprises;
(G) Alumni; and
(H) Other related activities."
SECTION 72. Section 304A-2272, Hawaii Revised Statutes, is amended to read as follows:
"[[]§304A-2272[]]
Conference center revolving fund; University
of Hawaii at Hilo. (a) There is established the conference center
revolving fund for [the] conference center [program in the college of
continuing education and community service of] programs conducted by
the University of Hawaii at Hilo. All fees,
charges, and other moneys collected in conjunction with the conference center [program]
programs shall be deposited in the revolving fund. The [dean of the college of continuing
education and community service] chancellor of the University of Hawaii at
Hilo or the chancellor's designee is authorized to expend funds from the
revolving fund for all costs associated with conducting conferences, seminars,
and courses by the conference center [program,] programs,
including but not limited to expenses for honoraria, hotel and room rentals,
food and refreshment, printing and mailing, airfare and per diem, [leis,]
lei, rental of audiovisual equipment, and conference supplies and materials.
(b) The chancellor of the University of Hawaii at Hilo shall submit a report to the legislature no later than twenty days prior to the convening of each regular session accounting for all income generated by and expenditures made from the revolving fund."
SECTION
73. Section 304A-2156,
Hawaii Revised Statutes, is repealed.
["[§304A-2156] University of Hawaii community services special
fund. (a) There is established the University of Hawaii
community services special fund. Except
as otherwise provided by law, all revenues, including interest, derived and
collected from the university's provision of public service programs shall be deposited
into the University of Hawaii community services special fund. The university may establish and collect fees
and charges for public service programs.
All revenues deposited into the University of Hawaii community services
special fund shall be used exclusively for the costs of providing public
service programs. The university may
establish accounts under the community services special fund to facilitate the administration
of this fund among the various campuses and operating units of the University of
Hawaii system. All expenditures from
this fund shall be subject to legislative appropriation.
(b) As used in this section, "public service
programs" means:
(1) Noncredit educational programs in
professional development and training, personal growth, and cultural
enrichment; and
(2) Cooperative extension and
consultative services."]
SECTION 74. Section 304A-2162, Hawaii Revised Statutes, is repealed.
["[§304A-2162] Community colleges special fund. (a)
Section [304A-2003] notwithstanding, there is established a community
colleges special fund to receive, disburse, and account for funds of programs
and activities of the community colleges, including but not limited to off-campus
programs, summer session programs, overseas programs, evening sessions, study
abroad, exchange programs, cultural enrichment programs, and consultative
services that help make available the resources of the community colleges to
the communities they serve.
(b) The special fund may include deposits from:
(1) The University of Hawaii tuition and
fees special fund established in section [304A-2153];
(2) Tuition, fees, and charges for affiliated
instructional, training, and public service courses and programs; and
(3) Fees, fines, and other money
collected for:
(A) Student health;
(B) Transcript and diploma;
(C) Library;
(D) Facility use;
(E) Child care;
(F) Auxiliary enterprises;
(G) Alumni; and
(H) Other related activities."]
SECTION 75. Section 304A-2277, Hawaii Revised Statutes, is repealed.
["[§304A-2277] Professional
student exchange program revolving fund.
(a) There is established a
professional student exchange program revolving fund to be administered and expended
by the Hawaii commission.
(b) The following moneys shall be deposited into
the revolving fund:
(1) Principal and interest payments
received as repayment of financial support from former or current participants
of the professional student exchange program, pursuant to section 304A‑3209;
and
(2) Interest earned or accrued on moneys
in the revolving fund.
(c) Moneys in the revolving fund shall be
expended to:
(1) Support the professional student exchange
program's activities, including the provision of financial support to participants
at Western Interstate Commission for Higher Education receiver institutions;
and
(2) Enforce the collection of delinquent
obligations."]
SECTION 76. All unencumbered balances remaining in the community colleges special fund repealed by this part shall lapse to the credit of the community colleges revolving fund established pursuant to this part.
SECTION 77. The university system bond and interest sinking fund revolving fund administratively established in 2002 is reclassified as a trust account.
PART XX. AUDITOR'S REPORT NO. 19-16, DEPARTMENT OF THE ATTORNEY GENERAL
SECTION 78. The purpose of this part is to reclassify or abolish certain non-general funds of the department of the attorney general pursuant to the recommendations by the auditor in auditor's report no. 19-16 and, for any abolished accounts, transfer the remaining unencumbered balances to the general fund.
SECTION 79. Section 28-16, Hawaii Revised Statutes, is amended to read as follows:
"[[]§28-16[]] Litigation deposits trust [fund.] account.
(a) There is created in the state
treasury the litigation deposits trust [fund.] account. There shall be deposited into this [fund]
account all moneys received through any civil action in which the State
is a party where the settlement amount is $100,000 or higher, except for those
actions involving departments able to procure their own legal services as provided
for by section 28-8.3 and where no other state statute or court order
specifically provides for the deposit of moneys received through the action.
(b) The [fund] account shall be
administered by the department of the attorney general. The department shall maintain accounting records
of [fund] account moneys, including subsidiary records of individual
litigation deposits and disbursements thereof.
Moneys in the [fund] account may be separated into
subsidiary accounts; provided that one subsidiary account shall not be
commingled with moneys from another subsidiary account except for deposit
or investment purposes under subsection (d).
(c) Disbursements from each subsidiary
account maintained under subsection (b) may include attorney's fees and other
necessary expenses that the department determines to be reasonable and directly
related to prosecution of the civil action for which the subsidiary account
is maintained; provided that in the case of moneys deposited as a result of
recoveries by an agency to which a non-general fund applies, the moneys shall be
held and disbursed intact for deposit to the credit of the non-general
fund. Money deposited in the [fund]
litigation deposits trust account pursuant to an order of the court
shall be disbursed in accordance with the order of the court. Any residual funds remaining in [an] a
subsidiary account shall be transferred to the respective non-general or
general fund with which the civil action is associated no later than thirty
days after the civil action for which the subsidiary account is maintained
is closed and all costs of that civil action have been paid, unless otherwise
provided for by statute.
(d) Moneys in the [fund] litigation
deposits trust account may be invested by the department in securities as provided
by section 36-21. Investment earnings shall
be deposited in the general fund.
(e) The department shall submit a report to the legislature no later than twenty days prior to the convening of each regular session on:
(1) The transactions, by subsidiary
account, that take place in the [fund] litigation deposits trust
account for each fiscal year; and
(2) A summary of the collections made in any amount on behalf of other departments and agencies specifying the appropriate number of transactions and amount collected for each department and agency."
SECTION 80. Section 456-9, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d)
The moneys collected by the attorney
general pursuant to this section shall be deposited into the notaries public [revolving]
special fund established by section 456-9.5, except that if that fund is
terminated, the moneys shall thereafter be deposited with the director of
finance to the credit of the general fund."
SECTION 81. Section 456-9.5, Hawaii Revised Statutes, is amended to read as follows:
"§456-9.5 Notaries public [revolving] special
fund.
(a) There is established in the
state treasury the notaries public [revolving] special fund into
which shall be deposited:
(1) All fees, administrative fines, charges, or other
payments received pursuant to section 456-9;
(2) Penalties and fines for violations of section
456-3 or 456-7;
(3) Appropriations made for deposit into the
notaries public [revolving] special fund; and
(4) Interest earned on money in the notaries
public [revolving] special fund.
(b) The notaries public [revolving] special
fund shall be administered by the department of the attorney general. Notwithstanding any law to the contrary,
moneys in the notaries public [revolving] special fund shall be used
for personnel costs, the acquisition of equipment, and operating and administrative
costs deemed necessary by the department of the attorney general to administer
this chapter. The moneys in the fund may
also be used to train personnel as the attorney general deems necessary, and
for any other activity related to notaries public."
SECTION 82. Section 456-18, Hawaii Revised Statutes, is amended to read as follows:
"§456-18 Notaries in government service. Except as otherwise provided for by law, the head of every department (which term as used in this chapter includes any department, board, commission, bureau, or establishment of the United States, or of the State, or any political subdivision thereof) may designate one or more of the head of every department's subordinates to be a notary public who, upon duly qualifying and receiving a commission as a notary public in government service, shall perform, without charge, the services of a notary public in all matters of business pertaining to the State, any political subdivision thereof, or the United States.
Any provision of this chapter to the contrary notwithstanding, a subordinate so designated and thus qualified and commissioned as a notary public in government service shall:
(1) Be authorized to perform the duties of a notary public in one or more of the judicial circuits of the State as the attorney general shall designate;
(2) Not be required to:
(A) Pay any fee to the clerk of any circuit court for filing a copy of the notary's commission;
(B) Pay any fee to the attorney general for the issuance of the notary's commission or the renewal thereof; or
(C) Furnish and file an official bond unless that bond is required by the head of the department in which the notary is a subordinate, in which event, the expense of furnishing any such bond shall be borne by the department concerned; and
(3) Not demand or receive any fee for the
notary's service as a notary public; provided that where the occasion, in the
judgment of the head of the department, is deemed one of urgent necessity and
convenience, the notary may, but shall not be compelled to, administer oaths or
take acknowledgments in nongovernmental matters, for which services the
prescribed fees shall be demanded and received as governmental realizations and
covered into the notaries public [revolving] special fund established
by section 456-9.5, except that if that fund is terminated, the fees shall
thereafter be deposited into the general fund of the State; provided further
that with the prior written approval of the attorney general, the notary public,
upon paying the fees prescribed by law and upon executing, depositing, and
filing at the notary's own expense, the required official bond, may demand or receive
the fees prescribed by law for services rendered by the notary in matters not
pertaining to such public business."
SECTION 83. Section 712A-16, Hawaii Revised Statutes, is amended by amending subsection (4) to read as follows:
"(4) There is established in the department of the
attorney general a [revolving] special fund to be known as the
criminal forfeiture fund, hereinafter referred to as the "fund" in
which shall be deposited one-half of the proceeds of a forfeiture and any
penalties paid pursuant to section 712A‑10(6). All moneys in the fund shall be expended by
the attorney general and are appropriated for the following purposes:
(a) The payment of any expenses necessary to seize, detain, appraise, inventory, safeguard, maintain, advertise, or sell property seized, detained, or forfeited pursuant to this chapter or of any other necessary expenses incident to the seizure, detention, or forfeiture of such property and such contract services and payments to reimburse any federal, state, or county agency for any expenditures made to perform the foregoing functions;
(b) The payment of awards for information or assistance leading to a civil or criminal proceeding;
(c) The payment of supplemental sums to state and county agencies for law enforcement purposes;
(d) The payment of expenses arising in connection with programs for training and education of law enforcement officers;
(e) The payment of expenses arising in connection with enforcement pursuant to the drug nuisance abatement unit in the department of the attorney general; and
(f) The payment of expenses arising in connection with the law enforcement officer independent review board in the department of the attorney general."
SECTION 84. The Hawaii criminal justice commission trust account established in 1985 pursuant to the authority granted by section 28-10.6(a)(5), Hawaii Revised Statutes, is abolished and any remaining unencumbered balance shall lapse to the credit of the general fund.
SECTION 85. The national mortgage settlement trust account administratively established in 2012 is abolished and any remaining unencumbered balance shall lapse to the credit of the general fund.
PART XXI. AUDITOR'S REPORT NO. 19-05, DEPARTMENT OF TRANSPORTATION
SECTION 86. The purpose and intent of this part is to repeal or reclassify certain non-general funds and accounts of the department of transportation pursuant to the recommendations or commentary by the auditor in auditor's report no. 19-05 and the accompanying summary and to transfer the unencumbered balances to the general fund.
SECTION 87. Section 264-16, Hawaii Revised Statutes, is amended to read as follows:
"[[]§264-16[]]
State highway clearing accounts.
The director of transportation may with the prior approval of the
director of finance and comptroller establish the state highway payroll
clearing account, employee benefits clearing account, construction administration
clearing trust account, and any other necessary clearing account or clearing
trust account to effectively account for program costs and appropriations.
The director of transportation may, from time to time, make advances to the clearing accounts or clearing trust accounts from the state highway fund or from any moneys appropriated or otherwise made available to the department. The advances shall be in such amounts as may be required to meet the obligations of the department which are authorized by the legislature.
As
soon as practicable after an expenditure from a clearing account[,] or
clearing trust account, a determination shall be made of the proper fund or
appropriation to which the expenditure should be charged. The fund or account from which funds are
advanced shall thereupon be reimbursed out of the proper fund or appropriation."
SECTION 88. Section 291C-3, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) [The
director of transportation, through the safe routes to school program coordinator
and in consultation with county safe routes to school program coordinators,
shall develop a mechanism to provide funds to county safe routes to school
programs from the safe routes to school program special fund established
under section 291C-4] The legislature shall appropriate funds from the safe
routes to school program special fund to the counties to be used for the
implementation of county safe routes to school program projects. No later than twenty days prior to the
convening of each regular session, each county shall submit to the legislature
an annual report on the status and progress of its county safe routes to school
program, including an accounting of all grants provided through the program and
a timeline for future grant awards."
SECTION 89. Section 291C-4, Hawaii Revised Statutes, is amended to read as follows:
"[[]§291C-4[]] Safe
routes to school program special fund; establishment. [(a)]
There is established in the state treasury the safe routes to school
program special fund, into which shall be deposited:
(1) Assessments collected for speeding in a school zone, pursuant to section 291C-104; and
(2) Safe routes to school program surcharges collected in accordance with sections 291-16 and 291C-5.
[Moneys in the fund shall be distributed
by the director of transportation to the respective counties to expend.
(b) The director of transportation shall adopt
rules pursuant to chapter 91 to implement this section. The rules shall establish a formula by which
the moneys in the fund shall be distributed to each county and provide how the
county shall expend the moneys for the purposes under [section] 291C-3 in public
school zones.]"
SECTION 90. Section 264-19, Hawaii Revised Statutes, is repealed.
["[§264-19] Transportation
improvement special fund. (a) There is created within the state treasury
the transportation improvement special fund to fund qualified transportation
projects and to receive reimbursements from private developers who have been advanced
public funds to fulfill the conditions of land use development relating to
transportation.
The
director may expend from the special fund such sums as are necessary to advance
transportation projects, including administrative expenses, to the extent
permissible:
(1) When such projects:
(A) Have been identified in or are
consistent with the statewide transportation plan adopted pursuant to chapter
279A; and
(B) Satisfy all applicable federal and
state eligibility requirements; or
(2) When the director determines that
funds previously authorized for the aforementioned projects are inadequate or
any delay in the completion of such projects would unnecessarily increase their
cost or intensify undesirable transportation conditions.
(b) Expenditures from the special fund shall be made
on vouchers approved by the director or such other officer as may be designated
by the director.
(c) There shall be credited to the special fund all
reimbursements and any interest earned or penalty accrued on late payments
thereon received from developers who have been advanced public funds to fulfill
the conditions of land use development relating to transportation or other transportation
requirements imposed upon such developers.
(d) Expenditures from the special fund may not be
made by the director without appropriation by the legislature. No expenditure shall be made from, and no
obligation shall be incurred against, the special fund in excess of the amount
standing to the credit of the special fund or for any purpose for which moneys
from the special fund may not lawfully be expended.
(e) The department of transportation shall
prepare and submit an annual report to the legislature on the use of the
transportation improvement special fund which shall include, but not be limited
to:
(1) The [special] fund balance and the
expenses made from the [special] fund for the immediately preceding fiscal
year; and
(2) Proposed appropriations from the [special]
fund for the next fiscal year.
This
report shall be submitted to the legislature no later than twenty days prior to
the convening of each legislative session.
(f) The director may adopt rules pursuant to chapter
91 necessary to effectuate the purposes of, and to administer, this section.
(g) As used in this section:
"Director"
means the director of transportation.
"Special
fund" means the transportation improvement special fund."]
SECTION 91. The following revolving funds of the department of transportation airports division are reclassified as trust accounts:
(1) The airport sinking fund for retire term bond revolving fund administratively created in 1969;
(2) The airport system debt service reserve account revolving fund administratively created in 1969;
(3) The airport system interest account revolving fund administratively created in 1969;
(4) The airport system major maintenance, renewal, and replacement account revolving fund administratively created in 1969;
(5) The airport system serial bond principal account revolving fund administratively created in 1969;
(6) The debt service funded coverage revolving fund administratively created in 1994;
(7) The reserve for airline rate mitigation revolving fund administratively created in 1994; and
(8) The reserve for operating and maintenance expenses revolving fund administratively created in 1994.
SECTION 92. The following revolving funds of the department of transportation harbors division are reclassified as trust accounts:
(1) The 1997 certificate - harbor interest account revolving fund administratively created in 1997;
(2) The 1997 certificate - harbor principal account revolving fund administratively created in 1997;
(3) The 7th supplemental certificate 2010A debt service reserve fund principal revolving fund administratively created in 2010; and
(4) The harbor extraordinary renewal/replacement reserve account revolving fund administratively created in 1997.
SECTION 93. The risk management fire and casualty losses - harbors trust fund administratively created in 2006 is abolished and any remaining unencumbered balances shall lapse to the credit of the general fund.
SECTION 94. The following revolving funds of the department of transportation highways division are reclassified as trust accounts:
(1) The highway senior interest account revolving fund administratively created in 1994;
(2) The highway senior principal account revolving fund administratively created in 1994; and
(3) The highways accrued payroll overhead revolving fund administratively created in 1983.
SECTION 95. The special deposits - highways trust account administratively created in 1979 is reclassified as a trust fund.
SECTION 96. Any unencumbered balances in the highway senior debt service reserve account revolving fund administratively created in 1994 shall be transferred to the credit of the state highway fund established by section 248-8, Hawaii Revised Statutes.
SECTION 97. All unencumbered balances remaining in the transportation improvement special fund repealed by this part shall be transferred to the credit of the state highway fund established by section 248-8, Hawaii Revised Statutes.
PART XXII. AUDITOR'S REPORT NO. 21-02, DEPARTMENT OF HUMAN SERVICES
SECTION 98. The purpose of this part is to repeal or reclassify certain non-general funds of the department of human services pursuant to the recommendations of the auditor in auditor report no. 21-02.
SECTION 99. The donations for social services trust account, a trust account that was administratively established and is administered by the department of human services, is reclassified as a trust fund.
SECTION 100. The Kahikolu Ohana O Waianae project, a trust fund that was administratively established in 2007 and is administered by the department of human services, is abolished and all unencumbered balances remaining shall be lapse to the credit of the general fund.
PART XXIII. AUDITOR'S REPORT NO. 21-02, HAWAII PUBLIC HOUSING AUTHORITY
SECTION 101. The purpose of this part is to repeal or reclassify certain non-general funds of the Hawaii public housing authority pursuant to the recommendations of the auditor in auditor report no. 21-02.
SECTION 102. Section 356D-11, Hawaii Revised Statutes, is amended by amending subsection (h) to read as follows:
"(h) In connection with the development of any public housing dwelling units under this chapter, the authority may also develop commercial and industrial properties and sell or lease other properties if it determines that the uses will be an integral part of the public housing development or a benefit to the community in which the properties are situated. The authority may designate any portions of the public housing development for commercial, industrial, or other use and shall have all the powers granted under this chapter with respect thereto. The authority may use any funding authorized under this chapter to implement this subsection.
The
net proceeds of all sales or leases, less costs to the authority, shall be
deposited in the public housing [revolving] special fund
established by section 356D-28."
SECTION 103. Section 356D-28, Hawaii Revised Statutes, is amended to read as follows:
"§356D-28
Public housing [revolving] special fund. (a) There
is established the public housing [revolving] special fund to be
administered by the authority.
Notwithstanding section 36-21, the proceeds in the fund shall be used
for long-term and other special financings of the authority and for necessary
expenses in administering this chapter.
(b) All moneys received and collected by the authority,
not otherwise pledged, obligated, or required by law to be placed in any other
special fund, shall be deposited into the public housing [revolving] special
fund."
SECTION 104. The financial assistance for housing special fund, a special fund that was administratively established in 2001 and administered by the Hawaii public housing authority, is abolished and all unencumbered balances remaining shall lapse to the credit of the general fund.
SECTION 105. The HPHA administration revolving fund, administratively established in 1982 and administered by the Hawaii public housing authority, is abolished and all unencumbered balances remaining shall lapse to the credit of the general fund.
PART XXIV. MISCELLANEOUS PROVISIONS
SECTION 106. Except as otherwise provided in this Act, all unencumbered balances in the funds repealed by this Act shall lapse to the credit of the general fund.
SECTION 107. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 108. This Act shall take effect on July 1, 2021; provided that the amendments made to section 712A-16, Hawaii Revised Statutes, in section 83 of this Act shall not be repealed when that section is repealed and reenacted on June 30, 2022, by Act 161, Session Laws of Hawaii 2016.
Report Title:
DOA; BUF;
DBEDT; DOD; DOE; DOH; DHS; DLIR; DLNR; AG; PSD; DOT; UH; DCCA; DHHL; JUD; HPHA;
Non-General Funds
Description:
Repeals various
non-general funds of the department of agriculture; department of budget and
finance; department of business, economic development, and tourism; department of
defense; department of education; department of health; department of human
services; department of labor and industrial relations; department of land and
natural resources; department of the attorney general; department of public
safety; department of transportation; University of Hawaii; department of commerce
and consumer affairs; department of Hawaiian home lands; judiciary; and Hawaii public
housing authority. Implements recommendations
of the auditor. Transfers most unencumbered
balances to the credit of the general fund. (HB1299 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.