Bill Text: HI HB2235 | 2024 | Regular Session | Amended
Bill Title: Relating To Non-general Funds.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2024-03-21 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [HB2235 Detail]
Download: Hawaii-2024-HB2235-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2235 |
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THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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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
SECTION 1. The purpose of this part is to reclassify or repeal certain non-general funds of the department of labor and industrial relations, pursuant to the recommendations made by the auditor in auditor's report no. 23-06, and to transfer any unencumbered balance of any repealed fund to the general fund.
SECTION 2. Section 371-12.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§371-12.5[]]
Labor law enforcement [special fund;] trust account;
establishment; purposes. (a) There is established in the state treasury
the labor law enforcement [special fund] trust account into which
shall be deposited:
(1) All penalties collected pursuant to section 388-9.7;
(2) All penalties collected pursuant to section 388-10;
(3) All civil penalties assessed pursuant to section 396‑10;
(4) Moneys
appropriated by the legislature to the [fund;] trust account; and
(5) Any income and
capital gains earned by the [fund.] trust account.
(1) Personnel and operating expenses;
(2) Staff development, training, fees, and expenses; and
(3) Litigation expenses, including but not limited to transcript costs, and interpretation and translation services.
SECTION 3. Section 388-10, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Civil. Any employer who fails to pay wages in
accordance with this chapter without equitable justification or violates this
chapter or the administrative rules adopted under this chapter shall be liable:
(1) To the employee, in addition to the wages legally proven to be due, for a sum equal to the amount of unpaid wages and interest at a rate of six per cent per year from the date that the wages were due; and
(2) For a penalty of
not less than $500 or $100 for each violation, whichever is greater. The penalty shall be deposited into the labor
law enforcement [special fund.] trust account."
SECTION 4. Section 396-10, Hawaii Revised Statutes, is amended by amending subsection (p) to read as follows:
"(p) All civil penalties collected pursuant to
this section shall be deposited into the labor law enforcement [special
fund.] trust account."
SECTION 5. Section 397-5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) All fees received by the department pursuant
to this section shall be paid into the boiler and elevator [revolving] special
fund."
SECTION 6. Section 397-13, Hawaii Revised Statutes, is amended to read as follows:
"§397-13 Boiler and elevator [revolving]
special fund; establishment; purpose. (a)
There is established in the state treasury the boiler and elevator [revolving]
special fund, into which shall be deposited all fees collected pursuant
to section 397-5 and any appropriation from the legislature. All interest and investment moneys earned on
any moneys in the [revolving] special fund shall become part of
the [revolving] special fund.
(b)
The purpose of the [revolving] special fund is to provide
for sufficient operating costs to carry out the purposes of this chapter. Moneys in the fund may be expended for:
(1) Personnel and operating expenses;
(2) Staff training and staff certification fees and expenses;
(3) Preparation and dissemination of public information on safe installation and use of equipment regulated by this chapter;
(4) Preparation of annual reports to the legislature as required by this chapter; and
(5) Reimbursement to the general fund as required by this section.
(c)
The director shall submit a report to the legislature on the status of
the boiler and elevator [revolving] special fund, including
expenditures and program results, not less than twenty days prior to the
convening of each regular session.
(d)
No later than thirteen years from the date of the establishment of the [revolving]
special fund, the director shall reimburse the general fund for the
amount of any initial appropriation that was made by the general revenues of
the State to the [revolving] special fund."
SECTION 7. Section 706-650.5, Hawaii Revised Statutes, is repealed.
["§706-650.5 Human trafficking
victim services fund.
(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) All fees paid and interest accrued on funds
collected pursuant to this section shall be deposited into the human
trafficking victim services fund.
(5) 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) 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 8. The national governors' association grant trust account, administratively established in 2021, shall be reclassified as a trust fund.
SECTION 9. The non-profit employers deposit account, a trust account administratively established in 1972, shall be reclassified as a trust fund.
SECTION 10. Any unencumbered balance in the human trafficking victim services fund shall lapse to the credit of the general fund.
PART II
SECTION 11. Section 36-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Except
as provided in this section, and notwithstanding any other law to the contrary,
from time to time, the director of finance, for the purpose of defraying the
prorated estimate of central service expenses of government in relation to all
special funds, except the:
(1) Special
out-of-school time instructional program fund under section 302A-1310;
(2) School
cafeteria special funds of the department of education;
(3) Special
funds of the University of Hawaii;
(4) Convention
center enterprise special fund under section 201B-8;
(5) Special
funds established by section 206E-6;
(6) Aloha
Tower fund created by section 206J-17;
(7) Funds
of the employees' retirement system created by section 88-109;
(8) Hawaii
hurricane relief fund established under chapter 431P;
(9) Hawaii
health systems corporation special funds and the subaccounts of its regional
system boards;
(10) Universal
service fund established under section 269-42;
(11) Emergency
and budget reserve fund under section 328L-3;
(12) Public
schools special fees and charges fund under section 302A-1130;
(13) Sport
fish special fund under section 187A-9.5;
(14) Neurotrauma
special fund under section 321H-4;
(15) Glass
advance disposal fee established by section 342G-82;
(16) Center
for nursing special fund under section 304A-2163;
(17) Passenger
facility charge special fund established by section 261-5.5;
(18) Solicitation
of funds for charitable purposes special fund established by section 467B-15;
(19) Land
conservation fund established by section 173A-5;
(20) Court
interpreting services revolving fund under section 607-1.5;
(21) Trauma
system special fund under section 321-22.5;
(22) Hawaii
cancer research special fund;
(23) Community
health centers special fund;
(24) Emergency
medical services special fund;
(25) Rental
motor vehicle customer facility charge special fund established under section
261-5.6;
(26) Shared
services technology special fund under section 27-43;
(27) Automated
victim information and notification system special fund established under
section 353-136;
(28) Deposit
beverage container deposit special fund under section 342G-104;
(29) Hospital
sustainability program special fund under section 346G-4;
(30) Nursing facility sustainability program special fund under section 346F-4;
(31) Hawaii 3R's school
improvement fund under section 302A-1502.4;
(32) After-school plus program
revolving fund under section 302A-1149.5;
(33) Civil
monetary penalty special fund under section 321-30.2; [and
[](34)[]] Stadium development special fund under section
109-3.5[,]; and
(35) Boiler
and elevator special fund under section 397-13,
shall deduct five per cent of all receipts of all other special funds, which deduction shall be transferred to the general fund of the State and become general realizations of the State. All officers of the State and other persons having power to allocate or disburse any special funds shall cooperate with the director in effecting these transfers. To determine the proper revenue base upon which the central service assessment is to be calculated, the director shall adopt rules pursuant to chapter 91 for the purpose of suspending or limiting the application of the central service assessment of any fund. No later than twenty days prior to the convening of each regular session of the legislature, the director shall report all central service assessments made during the preceding fiscal year."
PART III
SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 13. This Act shall take effect on July 1, 2050.
Report Title:
DLIR; Auditor; Repeal of Fund; Reclassification of Funds; Transfer of Balances; Boiler and Elevator Special Fund; Exempt
Description:
Reclassifies or repeals certain non-general funds of the Department of Labor and Industrial Relations, pursuant to the recommendations made by the Auditor in Auditor's Report No. 23‑06. Exempts the boiler and elevator special fund from central services expenses. Takes effect 7/1/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
