HOUSE OF REPRESENTATIVES	H.B. NO.	61
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII

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 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 2.  The Hawaiian home receipts fund established pursuant to the section 213(g) of the Hawaiian Homes Commission Act is reclassified as a trust account.

PART II

     SECTION 3.   The purpose of this part is to repeal the probation services special fund as recommended by the auditor in auditor report no. 20-17.  

     SECTION 4.  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 5.  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 6.  Section 706-649, Hawaii Revised Statutes, is repealed.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 7.  All unencumbered balances remaining in the probation services special fund repealed by section 6 of this Act shall lapse to the credit of the general fund.

PART III

     SECTION 8.  The purpose of this part is to reclassify the supreme court bar examination fund as recommended by the auditor in auditor report no. 20-17.

     SECTION 9.  The supreme court bar examination fund administratively established in 1994 is reclassified as a special fund.

PART IV

     SECTION 10.  Statutory material to be repealed is bracketed and stricken.

     SECTION 11.  This Act shall take effect on July 1, 2021.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

DHHL; Judiciary; Non-General Funds; Repeal; Transfer of Balances

 

Description:

Reclassifies or repeals non-general funds of the Department of Hawaiian Home Lands or Judiciary.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.