Hawaii-2010-HB679-Amended

SECTION 1. The legislature finds that the state parks special fund is vital to enhance parks used by many Hawaii residents and visitors. However, the fund is currently subject to a transfer of five per cent of its receipts from the transient accommodation tax for central services expenses. Eliminating the five per cent transfer from the state parks special fund increases the money in the fund to address aging facilities, deferred maintenance, vandalism, erosion, and other conditions affecting the state's parks and natural resources.

Further, the fund currently cannot be used to finance debt service on revenue bonds used for the construction, repairs, replacement, additions, and extensions of state parks facilities.

It is important for the state to maintain its natural beauty, lush open spaces, recreational areas, and historical and cultural places to meet tourists' expectation of paradise in Hawaii. Thus, the moneys from the state parks special fund play a vital role in the health of the state's tourism industry and economy.

The purpose of this Act is to:

(1) Eliminate the five per cent reduction from the state parks special fund to increase the amount of funds available for construction, repairs, replacement, additions, and extensions of state park facilities; and

(2) Include payment of the debt service on revenue bonds that are issued for the construction, repair, replacement, additions, and extensions of state park facilities as an authorized expenditure from the state parks special fund.

SECTION 2. Section 36-27, Hawaii Revised Statutes, is amended to read as follows:

"§36-27 Transfers from special funds for central service expenses. 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) State educational facilities improvement special fund;

(5) Convention center enterprise special fund under section 201B-8;

(6) Special funds established by section 206E-6;

(7) Housing loan program revenue bond special fund;

(8) Housing project bond special fund;

(9) Aloha Tower fund created by section 206J-17;

(10) Funds of the employees' retirement system created by section 88-109;

(11) Unemployment compensation fund established under section 383-121;

(12) Hawaii hurricane relief fund established under chapter 431P;

(13) Hawaii health systems corporation special funds and the subaccounts of its regional system boards;

(14) Tourism special fund established under section 201B-11;

(15) Universal service fund established under chapter 269;

(16) Emergency and budget reserve fund under section 328L-3;

(17) Public schools special fees and charges fund under section 302A-1130(f);

(18) Sport fish special fund under section 187A-9.5;

(19) Neurotrauma special fund under section 321H-4;

(20) Deposit beverage container deposit special fund under section 342G-104;

(21) Glass advance disposal fee special fund established by section 342G-82;

(22) Center for nursing special fund under section 304A-2163;

(23) Passenger facility charge special fund established by section 261-5.5;

(24) Solicitation of funds for charitable purposes special fund established by section 467B-15;

(25) Land conservation fund established by section 173A-5;

(26) Court interpreting services revolving fund under section 607-1.5;

(27) Trauma system special fund under section 321-22.5;

(28) Hawaii cancer research special fund;

(29) Community health centers special fund;

(30) Emergency medical services special fund; [~~and~~]

(31) Rental motor vehicle customer facility charge special fund established under section 261-5.6; and

(32) State parks special fund under section 184-3.4;

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."

SECTION 3. Section 184-3.4, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The department shall expend the moneys from the state parks special fund for the following purposes:

(1) Permanent and temporary staff positions;

(2) Planning and development of state parks programs, including the aina hoomalu state parks program;

(3) Construction, repairs, replacement, additions, and extensions of state parks facilities;

(4) Payment of debt service on revenue bonds issued by the department, and the establishment of debt service and other reserves deemed necessary by the board for the construction, repairs, replacement, additions, and extensions of state parks facilities;

[~~(4)~~] (5) Operation and maintenance costs of state parks and state parks programs; and

[~~(5)~~] (6) Administrative costs of the division of state parks."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2009.

HOUSE OF REPRESENTATIVES	H.B. NO.	679
TWENTY-FIFTH LEGISLATURE, 2009		H.D. 1
STATE OF HAWAII