HOUSE OF REPRESENTATIVES	H.B. NO.	699
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to the repeal of 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 repeal the Captain Cook memorial fund.

     The legislature finds that the fund is no longer necessary.  It has had no activity in recent years and a very small balance.

     SECTION 2.  Section 6E-4, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§6E-4[]]  Administration.  All state historic areas and buildings surplus to the operations of the department of accounting and general services shall be transferred by executive order to the department[, except as provided in section 6E-33].  All state projects and programs relating to historic preservation shall come under the authority of the department."

     SECTION 3.  Section 6E-33, Hawaii Revised Statutes, is repealed.

     ["[§6E-33]  Captain Cook Memorial Fund.  All moneys in the Captain Cook memorial fund or which may be paid into the same from the proceeds of sales or which may be received by way of gift or otherwise for any of the purposes provided by this section, the acceptance of such gifts and the receipt of such funds being authorized, shall be expendable by the comptroller from time to time for any of the purposes provided by this section, and any original historical documents or other articles, or copies, facsimiles, or replicas thereof, so collected, and copies of publications made under this section shall be deposited in the archives of Hawaii to constitute a collection to be known as the "Captain Cook Memorial Collection".

     The comptroller may purchase or otherwise acquire original books, mementos, pamphlets, documents, or other articles of historical value relating to the life of Captain James Cook, or connected with the history, discovery, and exploration of the Hawaiian Islands, or copies, facsimiles, or replicas thereof of other data relating thereto, and prepare and publish in the comptroller's discretion books, documents, pamphlets, or other publications relating thereto.

     The comptroller may distribute free copies of such publications to libraries, museums, and other places of references open to the public in the United States or in other countries, not to exceed, however, one-third of the number of copies of each published.  The remaining copies may be sold at such reasonable prices as may be fixed by the comptroller, the proceeds of such sales to be paid into the trust fund."]

PART II

     SECTION 4.  The purpose of this part is to repeal the Kapolei recreational sports complex special fund. 

     The legislature finds that in 2002, the land originally identified for the Kapolei recreational sports complex was transferred to the University of Hawaii West Oahu, thus negating the original purpose of the fund.

     SECTION 5.  Section 109-3, Hawaii Revised Statutes, is amended to read as follows:

     "§109-3  Stadium special fund.  There is created a special fund to be known as the stadium special fund into which funds collected by the authority shall be deposited[; provided that all funds received pursuant to this section shall be kept completely separate from the Kapolei recreational sports complex special fund.  Moneys may not be transferred between the stadium special fund and the Kapolei recreational sports complex special fund].  The stadium special fund shall be applied, used, and disposed of for the payment of:

     (1)  The expenses of the operation, maintenance, promotion, and management of; and

     (2)  All or a portion of the cost of financing any capital improvement project for;

the stadium and related facilities; provided that all services required for the stadium and related facilities shall be performed by persons hired on contract or otherwise, without regard for chapter 76; provided further that the authority shall report to the legislature all receipts and expenditures of the stadium special fund account twenty days prior to the convening of each regular session."

     SECTION 6.  Section 109-9, Hawaii Revised Statutes, is repealed.

     ["[§109-9]  Kapolei recreational sports complex special fund.  There is created a special fund to be known as the Kapolei recreational sports complex special fund into which funds appropriated by the legislature, received pursuant to a management contract under section 109-2(3), or collected by the authority from the operations of the Kapolei recreational sports complex shall be deposited subject to contracts entered into pursuant to section 109-2(3); provided that all funds received pursuant to this section shall be kept completely separate from the stadium special fund.  Moneys may not be transferred between the Kapolei recreational sports complex special fund and the stadium special fund.  The Kapolei [recreational] sports complex special fund shall be applied, used, and disposed of for the payment of:

     (1)  The expenses of the operation, maintenance, promotion, and management of; and

     (2)  All or a portion of the cost of financing any capital improvement project for;

the Kapolei recreational sports complex; provided that all services required for the Kapolei recreational sports complex shall be performed by persons hired on contract or otherwise, without regard for chapter 76; provided further that the authority shall report annually to the legislature all receipts and expenditures of the Kapolei recreational [sports] complex special fund account no later than twenty days prior to the convening of each regular session."]

PART III

     SECTION 7.  The purpose of this part is to address the statewide geospatial information and data integration special fund.  More specifically, this part repeals the special fund and requires that fees generated by the statewide geographic information system program be deposited into the general fund.

     The legislature finds that the statewide geospatial information and data integration special fund is not necessary.  It has no balance or annual revenues.

     SECTION 8.  Section 225M-6, Hawaii Revised Statutes, is amended to read as follows:

     "§225M-6  Fees for statewide planning and geographic information system services and products.  The office of planning may charge fees for statewide planning and geographic information system services and products.  All fees collected for statewide planning and geographic information system analyses and other related services shall be deposited into the [statewide geospatial information and data integration special] general fund [for the sole purpose of supporting the statewide planning and geographic information system].  The office shall adopt rules setting fees for statewide planning and geographic information system services and products."

     SECTION 9.  Section 225M-7, Hawaii Revised Statutes, is repealed.

     ["[§225M-7]  Statewide geospatial information and data integration special fund.  (a)  There is established in the state treasury the statewide geospatial information and data integration special fund, into which shall be deposited:

     (1)  Moneys directed, allocated, or disbursed to the statewide geospatial information and data integration program from other government agencies or private sources to help support the acquisition of hardware, software, applications, and databases;

     (2)  Moneys directed, allocated, or disbursed to the statewide geospatial technologies program from non-state sources, including but not limited to grants, awards, and donations;

     (3)  Moneys collected as fees for statewide planning and geographic information system services rendered; and

     (4)  Investment earnings credited to the assets of the fund and all interest on special fund balances.

     (b)  The statewide geospatial information and data integration special fund shall be used to help defray the cost of, including but not limited to the following:

     (1)  Programs and activities to implement this chapter, including the provision of state funds to match federal funds from the United States Geological Survey or other federal departments; and

     (2)  Operating costs of the statewide planning and geographic information system, including acquisition and maintenance of hardware or software necessary to implement this chapter, acquisition and maintenance of geospatial and other data, application development, training, and other products or services of general benefit to the statewide geospatial information and data integration program and its stakeholders."]

PART IV

     SECTION 10.  The purpose of this part is to repeal the food distribution program revolving fund.

     The legislature finds that the revolving fund has no balance or recent activity.  Thus, the legislature finds that the revolving fund is not necessary.

     SECTION 11.  Section 302A-1315, Hawaii Revised Statutes, is repealed.

     ["§302A-1315  Food distribution program revolving fund.  (a)  There is established the food distribution program revolving fund to be administered by the department.

     (b)  The food distribution program revolving fund shall consist of:

     (1)  Administrative fees collected by the department for administering and operating the food distribution program;

     (2)  All interest earned on the deposit or investment of moneys in the food distribution program revolving fund; and

     (3)  Any other moneys made available to the food distribution program revolving fund from other sources.

     (c)  The food distribution program revolving fund shall be used by the department for the collection and disbursement of generated revenue to support the administration and operation of the food distribution program pursuant to 7 Code of Federal Regulations section 250.15.

     (d)  The balance in the food distribution program revolving fund shall not exceed $2,000,000 to pay for services rendered by state-contracted warehouses for the distribution of federal commodity foods to the recipient agencies.  Any moneys remaining in the revolving fund in excess of $2,000,000 at the end of each fiscal year shall lapse to the credit of the general fund."]

PART V

     SECTION 12.  The purpose of this part is to repeal the career and technical training projects revolving fund for the University of Hawaii at Hilo.

     The legislature finds that the revolving fund is not necessary.

     SECTION 13.  Section 304A-2268, Hawaii Revised Statutes, is repealed.

     ["[§304A-2268]  Career and technical training projects revolving fund; University of Hawaii at Hilo.  There is established the career and technical training projects revolving fund for the career and technical training projects of the community colleges and the University of Hawaii at Hilo into which shall be deposited the receipts from fees for services, supplies, and use of equipment provided by or in connection with these projects.  Funds deposited in this account shall be expended for vocational and technical training projects, and supplies, equipment, and services related thereto."]

PART VI

     SECTION 14.  The purpose of this part is to repeal the University of Hawaii alumni special fund.

     The legislature finds that the special fund is not necessary.

     SECTION 15.  Section 304A-2175, Hawaii Revised Statutes, is repealed.

     ["[§304A-2175]  University of Hawaii alumni special fund.  There is established the University of Hawaii alumni special fund into which shall be deposited funds and proceeds received by the university from alumni activities and donations from alumni.  Funds deposited into this special fund may be expended by the university for all costs associated with conducting alumni affairs, activities, and programs for the university system, including but not limited to expenses for honoraria, hotel and room rentals, food and refreshment, printing and mailing, banners and signs, plaques and awards, airfare and per diem, leis, rental of audiovisual, musical, and stage equipment, and activity supplies and materials, without regard to statutory competitive bidding requirements."]

PART VII

     SECTION 16.  The purpose of this part is to repeal the animal research farm, Waialee, Oahu special fund.

     The legislature finds that the special fund is not necessary.  The University of Hawaii has ceased operation of the animal research farm.

     SECTION 17.  Section 304A-2177, Hawaii Revised Statutes, is repealed.

     ["[§304A-2177]  Animal research farm, Waialee, Oahu special fund.  There is established the animal research farm, Waialee, Oahu special fund for the animal research farm, Waialee, Oahu, operated by the college of tropical agriculture and human resources of the University of Hawaii, into which shall be deposited the receipts from fees realized from the sale of livestock, services, and supplies.  Funds deposited into this special fund shall be expended for animal research, and services and supplies related thereto."]

PART VIII

     SECTION 18.  The purpose of this part is to address the public health nursing services special fund, which is the source of funding for the program providing case management services for medically fragile children.

     More specifically, this part repeals the special fund, but retains the case management services program.

     The legislature finds that the special fund has a relatively low balance and minimal activity.  Thus, the legislature finds that the special fund is not necessary.

     The legislature believes that case management services for medically fragile children is worthy of continuation.  Accordingly, the legislature retains reference to the program in statute and intends that it be provided with general funds.

     SECTION 19.  Chapter 321, Hawaii Revised Statutes, is amended by amending the title of part XXXV to read as follows:

"[[]PART XXXV.[]  PUBLIC HEALTH NURSING SERVICES SPECIAL FUND] CASE MANAGEMENT SERVICES FOR MEDICALLY FRAGILE CHILDREN"

     SECTION 20.  Section 321-432, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§321-432[]  Public health nursing services special fund.  (a)  There is established within the state treasury a special fund to be known as the public health nursing services special fund.  The special fund shall be administered and expended by the department of health in accordance with this section.

     (b)] Case management services for medically fragile children.  The department of health shall [expend the special funds to] provide ongoing case management services and [to provide] staff training in case management services in collaboration with the department of human services' medicaid early and periodic screening, diagnosis, and treatment program, including but not limited to:

     (1)  Assessment of children who are medically fragile to determine service needs;

     (2)  Development of a specific care plan;

     (3)  Referral for and linkages to services to implement the specific care plan; and

     (4)  Monitoring and follow-up.

     [(c)  The special fund shall consist of medicaid] Medicaid reimbursements received by the department for case management services provided to families of medically fragile children[.] shall be deposited into the general fund."

PART IX

     SECTION 21.  The purpose of this part is to repeal the blind shop revolving and handicraft fund.

     The legislature finds that the revolving fund has a relatively low balance.  Thus, the legislature finds that the revolving fund is not necessary.

     Although the revolving fund is repealed, this part retains the department of human services' authority to provide the blind workshop and home labor program using other sources of funding to be determined under the executive budget process.

     SECTION 22.  Section 347-12, Hawaii Revised Statutes, is amended to read as follows:

     "§347-12  Blind shop [revolving] and handicraft [fund.] program.  The [department of budget and finance shall create and maintain a revolving fund entitled "blind shop revolving and handicraft fund".  This fund may be used by the] department of human services [for] may provide a workshop [purposes] or home labor [purposes] program for the blind or others, who, in the opinion of the department of human services, will [be benefited by such] benefit from the experience [and all moneys in the fund may be expended for materials, machinery, and other facilities and for the erection, operation, and conduct of such workshops and for the payment of such compensation as the department of human services authorizes.  All proceeds derived from the sale of products of the workshops or the home labor shall be deposited in the fund].  Under the program, the department may train blind or other persons to produce crafts and other products for sale.

     This section shall be subject to any federal policies, rules, or regulations[, which] that may be applicable in order to obtain federal aid or the cooperation of any federal agency concerned."

PART X

     SECTION 23.  The following funds are abolished:

     (1)  The donations for voter registration drive trust account established in 1984 and administered by the department of accounting and general services;

     (2)  The Hawaii FYI - ICSD trust account administratively established in 1996 and administered by the department of accounting and general services;

     (3)  The parking control revolving fund escrow account administered by the department of accounting and general services;

     (4)  The returned ACH tax refunds trust account administratively established in 2004 and administered by the department of accounting and general services;

     (5)  The HDOA biocontrol foreign exploration special fund created in 2010 and administered by the department of agriculture;

     (6)  The Hawaii EUTF self-directed investments trust account created in 2007 and administered by the department of budget and finance; and

     (7)  An account controlled by the state commission on fatherhood,

and any remaining balances shall be transferred to the general fund.

     SECTION 24.  On June 30, 2015, all unencumbered balances remaining in the accounts and funds repealed by this Act shall lapse to the credit of the general fund; provided that the director of finance shall transfer the unencumbered balance in the Captain Cook memorial fund to the state parks special fund.

PART XI

     SECTION 25.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 26.  This Act shall take effect on July 1, 2015.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Non-General Funds; Repeal; Transfer of Balances

 

Description:

Repeals and transfers the unencumbered balances of various non-general funds and accounts. 

 

 

 

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