Report Title:

Works of Art Special Fund; Appropriation Transfer; Suspension

 

Description:

Suspends until June 30, 2011, the transfer of 1% of all capital improvement project appropriations to the Works of Art Special Fund.  Requires any unexpended and unencumbered moneys in the Special Fund on June 30, 2009, be transferred to the appropriate capital projects fund to be allotted and expended for capital improvement projects.  (HB1224 HD1)

 

HOUSE OF REPRESENTATIVES	H.B. NO.	1224
TWENTY-FIFTH LEGISLATURE, 2009		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO WORKS OF ART SPECIAL FUND.

 

 

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

 

     SECTION 1.  The purpose of this Act is to:

     (1)  Temporarily suspend the transfer of one per cent of all capital improvement project appropriations to the works of art special fund; and

     (2)  Transfer any unexpended and unencumbered moneys in the works of art special fund to the appropriate capital projects fund to be allotted and expended for capital improvement projects.

     SECTION 2.  Section 103-8.5, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  There is created a works of art special fund, into which shall be transferred one per cent of all state fund appropriations for capital improvements designated for the construction cost element; provided that this transfer shall apply only to capital improvement appropriations that are designated for the construction or renovation of state buildings[.] and contained in any acts making appropriations for expenditure in fiscal year 2011-2012 or thereafter.  The one per cent transfer requirement shall not apply to appropriations from the passenger facility charge special fund established by section 261-5.5 and the rental motor vehicle customer facility charge special fund established under section 261-5.6."

     2.  By amending subsection (c) to read:

     "(c)  The one per cent amount, which is included in all capital improvement appropriations[,] subject to subsection (a), shall be calculated at the time the appropriation bills are signed into law.  The moneys shall be transferred into the works of art special fund upon availability of moneys from the appropriations.  Each agency receiving capital improvement appropriations shall calculate the one per cent amount and transfer the moneys into the works of art special fund."

     SECTION 3.  From the effective date of this Act, no portion of any capital improvement project appropriation made before fiscal year 2011-2012 shall be transferred to the works of art special fund.  This section shall apply to any capital improvement project appropriation first made before fiscal year 2011-2012, even if the appropriation does not lapse until that or a later fiscal year.

     SECTION 4.  (a)  Any unexpended and unencumbered moneys in the works of art special fund on June 30, 2009, shall be deposited into the appropriate capital projects fund to be allotted and expended for capital improvement projects, the appropriation and authorization for which were made before that date.  The allotment and expenditure of these moneys for any other purpose shall not be lawful, notwithstanding section 103-8.5(b), Hawaii Revised Statutes.

     (b)  Effective July 1, 2011, section 103-8.5, Hawaii Revised Statutes, in the form in which it read on the day prior to the effective date of this Act, shall again apply to the expenditure of moneys in the works of art special fund.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2112.