Bill Text: HI HB79 | 2016 | Regular Session | Introduced

Hawaii House Bill 79 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Non-General Funds; Reclassification; Repeal

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Enrolled - Dead) 2016-04-15 - Received notice of discharge of conferees (Hse. Com. No. 610). [HB79 Detail]

Download: Hawaii-2016-HB79-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	79
TWENTY-EIGHTH LEGISLATURE, 2015
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 purpose of this Act is to repeal and reclassify various non-general funds pursuant to the recommendations made by the auditor in auditor's report no. 14-13, entitled review of special funds, revolving funds, trust funds and trust accounts of the departments of the attorney general and business, economic development, and tourism.

PART II

SECTION 2. The purpose of this part is to repeal the Hawaii television and film development special fund.

The legislature finds that the fund does not serve the purpose for which it was created, does not meet the criteria for a special fund, and should be repealed.

SECTION 3. Section 201-111, Hawaii Revised Statutes, is amended by deleting the definition of "fund".

["~~"Fund" means the Hawaii television and film development special fund.~~"]

SECTION 4. Section 201-112, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is established the Hawaii television and film development board. The board shall be attached to the department of business, economic development, and tourism for administrative purposes only. The board shall administer the grant and venture capital investment programs [~~and the Hawaii television and film development special fund established under this part~~]. The board shall also assess and consider the overall viability and development of the television and film industries and make recommendations to appropriate state or county agencies."

SECTION 5. Section 201-113, Hawaii Revised Statutes, is repealed.

["~~[§201-113] Hawaii television and film development special fund.~~ ~~(a) There is established in the state treasury the Hawaii television and film development special fund into which shall be deposited:~~

~~(1)~~ ~~Appropriations by the legislature;~~

~~(2)~~ ~~Donations and contributions made by private individuals or organizations for deposit into the fund;~~

~~(3)~~ ~~Grants provided by governmental agencies or any other source; and~~

~~(4)~~ ~~Any profits or other amounts received from venture capital investments.~~

(b) The fund shall be used by the board to assist in, and provide incentives for, the production of eligible Hawaii projects that are in compliance with criteria and standards established by the board in accordance with rules adopted by the board pursuant to chapter 91. In particular, the board shall adopt rules to provide for the implementation of the following programs:

~~(1)~~ A grant program. The board shall adopt rules pursuant to chapter 91 to provide conditions and qualifications for grants. Applications for grants shall be made to the board and shall contain such information as the board shall require by rules adopted pursuant to chapter 91. At a minimum, the applicant shall agree to the following conditions:

~~(A)~~ ~~The grant shall be used exclusively for eligible Hawaii projects;~~

~~(B)~~ ~~The applicant shall have applied for or received all applicable licenses and permits;~~

~~(C)~~ The applicant shall comply with applicable federal and state laws prohibiting discrimination against any person on the basis of race, color, national origin, religion, creed, sex, age, or physical handicap;

~~(D)~~ ~~The applicant shall comply with other requirements as the board may prescribe;~~

~~(E)~~ ~~All activities undertaken with funds received shall comply with all applicable federal, state, and county statutes and ordinances;~~

~~(F)~~ The applicant shall indemnify and save harmless the State of Hawaii and its officers, agents, and employees from and against any and all claims arising out of or resulting from activities carried out or projects undertaken with funds provided hereunder, and procure sufficient insurance to provide this indemnification if requested to do so by the department;

~~(G)~~ The applicant shall make available to the board all records the applicant may have relating to the project, to allow the board to monitor the applicant's compliance with the purpose of this chapter; and

~~(H)~~ ~~The applicant, to the satisfaction of the board, shall establish that sufficient funds are available for the completion of the project for the purpose for which the grant is awarded; and~~

~~(2)~~ A venture capital program. The board shall adopt rules pursuant to chapter 91 to provide conditions and qualifications for venture capital investments in eligible Hawaii projects. The program may include a written agreement between the borrower and the board, as the representative of the State, that as consideration for the venture capital investment made under this part, the borrower shall share any royalties, licenses, titles, rights, or any other monetary benefits that may accrue to the borrower pursuant to terms and conditions established by the board by rule pursuant to chapter 91. Venture capital investments may be made on such terms and conditions as the board shall determine to be reasonable, appropriate, and consistent with the purposes and objectives of this part."]

PART III

SECTION 6. The purpose of this part is to rename and reclassify the tourism emergency trust fund as a special fund.

The legislature finds that the fund functions more like a special fund and should be classified as a special fund.

SECTION 7. Section 201B-10, Hawaii Revised Statutes, is amended to read as follows:

"[[]§201B-10[]] Tourism emergency [~~trust~~] special fund. (a) There is established outside the state treasury a tourism emergency [~~trust~~] special fund to be administered by the board as trustee, into which shall be deposited the revenues prescribed by section 237D‑6.5(b). All investment earnings from moneys in the [~~trust~~] special fund shall be credited to the tourism special fund[.] established pursuant to section 201B-11.

(b) Moneys in the [~~trust~~] special fund shall be used exclusively to provide for the development and implementation of emergency measures to respond to any tourism emergency pursuant to section 201B-9, including providing emergency assistance to tourists during the tourism emergency.

(c) Use of the [~~trust~~] special fund, consistent with subsection (b), shall be provided for in articles, bylaws, resolutions, or other instruments executed by the board as trustee for the [~~trust~~] special fund."

SECTION 8. Section 237D-6.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Revenues collected under this chapter shall be distributed as follows, with the excess revenues to be deposited into the general fund:

(1) $26,500,000 shall be allocated to the convention center enterprise special fund established under section 201B-8;

(2) $82,000,000 shall be allocated to the tourism special fund established under section 201B-11; provided that:

(A) Beginning on July 1, 2012, and ending on June 30, 2015, $2,000,000 shall be expended from the tourism special fund for development and implementation of initiatives to take advantage of expanded visa programs and increased travel opportunities for international visitors to Hawaii;

(B) Of the $82,000,000 allocated:

(i) $1,000,000 shall be allocated for the operation of a Hawaiian center and the museum of Hawaiian music and dance at the Hawaii convention center; and

(ii) 0.5 per cent of the $82,000,000 shall be transferred to a sub-account in the tourism special fund to provide funding for a safety and security budget, in accordance with the Hawaii tourism strategic plan 2005-2015; and

(C) Of the revenues remaining in the tourism special fund after revenues have been deposited as provided in this paragraph and except for any sum authorized by the legislature for expenditure from revenues subject to this paragraph, beginning July 1, 2007, funds shall be deposited into the tourism emergency [~~trust~~] special fund, established in section 201B-10, in a manner sufficient to maintain a fund balance of $5,000,000 in the tourism emergency [~~trust~~] special fund;

(3) $103,000,000 for fiscal year 2014-2015, $103,000,000 for fiscal year 2015-2016, and $93,000,000 for each fiscal year thereafter shall be allocated as follows: Kauai county shall receive 14.5 per cent, Hawaii county shall receive 18.6 per cent, city and county of Honolulu shall receive 44.1 per cent, and Maui county shall receive 22.8 per cent; provided that commencing with fiscal year 2018-2019, a sum that represents the difference between a county public employer's annual required contribution for the separate trust fund established under section 87A-42 and the amount of the county public employer's contributions into that trust fund shall be retained by the state director of finance and deposited to the credit of the county public employer's annual required contribution into that trust fund in each fiscal year, as provided in section 87A-42, if the respective county fails to remit the total amount of the county's required annual contributions, as required under section 87A-43;

(4) $3,000,000 shall be allocated to the Turtle Bay conservation easement special fund established under section 201B-8.6 for the payment of debt service on revenue bonds, the proceeds of which were used to acquire the conservation easement in Turtle Bay, Oahu, until the bonds are fully amortized; and

(5) Of the excess revenues deposited into the general fund pursuant to this subsection, $3,000,000 shall be allocated subject to the mutual agreement of the board of land and natural resources and the board of directors of the Hawaii tourism authority in accordance with the Hawaii tourism authority strategic plan for:

(A) The protection, preservation, and enhancement of natural resources important to the visitor industry;

(B) Planning, construction, and repair of facilities; and

All transient accommodations taxes shall be paid into the state treasury each month within ten days after collection and shall be kept by the state director of finance in special accounts for distribution as provided in this subsection.

As used in this subsection, "fiscal year" means the twelve-month period beginning on July 1 of a calendar year and ending on June 30 of the following calendar year."

PART IV

SECTION 9. The purpose of this part is to reclassify the various housing loan special funds established pursuant to section 201H-80, Hawaii Revised Statutes, as revolving funds.

The legislature finds that each of these funds functions as, and meets the criteria for, a revolving fund and should be reclassified as a revolving fund.

SECTION 10. 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) 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~~] revolving fund;

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

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

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

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

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

(14) Universal service fund established under section 269-42;

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

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

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

(18) Glass advance disposal fee established by section 342G-82;

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

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

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

(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; and

(29) Hospital sustainability program special fund under Act 217, Session Laws of Hawaii 2012, as amended by Act 141, Session Laws of Hawaii 2013;

[[](30)[]] Nursing facility sustainability program special fund under Act 156, Session Laws of Hawaii 2012;

[[](31) Hawaii 3R's school improvement fund[]] under section 302A-1502.4; and

[[](32)[]] After-school plus program revolving fund under section 302A-1149.5,

shall deduct five per cent of all receipts of all 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 11. Section 201H-75, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The trustee shall also be authorized by the corporation to hold and administer any housing project bond [~~special~~] revolving funds and housing loan program revenue bond [~~special~~] revolving funds established pursuant to section 201H-80. The trustee may receive and receipt for, hold, and administer the revenues derived by the corporation from any housing project or projects or loan program for which the bonds are issued or the projects or loan programs pledged to the payment of the bonds. The trustee shall apply the revenues to the payment of the cost of administering, operating, and maintaining the housing project or projects or loan program; to pay the principal of and the interest on the bonds; to the establishment of reserves; and to other purposes as may be authorized in the proceedings providing for the issuance of the bonds."

SECTION 12. Section 201H-80, Hawaii Revised Statutes, is amended as follows:

1. By amending its title to read:

"[[]§201H-80[]] Housing finance revolving fund; bond [~~special~~] revolving funds."

2. By amending subsections (b) to (d) to read as follows:

"(b) All moneys received and collected by the corporation, not otherwise pledged or obligated nor required by law to be placed in any other special or revolving fund, shall be deposited in the housing finance revolving fund.

(c) A separate [~~special~~] revolving fund shall be established for each housing project or system of housing projects or loan program financed from the proceeds of bonds secured under the same trust indenture. Each fund shall be designated "housing project bond [~~special~~] revolving fund" or "housing loan program revenue bond [~~special~~] revolving fund", as appropriate, and shall bear any additional designation as the corporation deems appropriate to properly identify the fund.

(d) Notwithstanding any other law to the contrary, all revenues, income, and receipts derived from a housing project or system of projects or loan program financed from the proceeds of bonds or pledged to the payment of the principal of and interest and premium on bonds, shall be paid into the housing project bond [~~special~~] revolving fund or housing loan program revenue bond [~~special~~] revolving fund established for the housing project or system of projects or loan program and applied as provided in the proceedings authorizing the issuance of the bonds."

SECTION 13. The housing loan program revenue bond special fund - rental housing system, established in 1987 and administered by the department of business, economic development, and tourism, shall be reclassified as a revolving fund and renamed the housing loan program revenue bond revolving fund - rental housing system.

SECTION 14. The housing loan program revolving bond fund, established in 1979 and administered by the department of business, economic development, and tourism, and also known as the single family mortgage purchase revenue bond fund, shall be reclassified as a revolving fund.

SECTION 15. The housing project bond special fund - multi family, established in 1980 and administered by the department of business, economic development, and tourism, shall be reclassified as a revolving fund and be renamed the housing project bond revolving fund - multi family.

PART V

SECTION 16. The purpose of this part is to repeal the pineapple workers and retirees housing assistance fund.

The legislature finds that the fund does not meet the criteria for a special fund, does not serve the purpose for which it was created, and should be repealed.

SECTION 17. Section 201H-85, Hawaii Revised Statutes, is repealed.

["~~[§201H-85] Pineapple workers and retirees housing assistance fund; established.~~ (a) There is established in the state treasury the pineapple workers and retirees housing assistance fund to provide mortgage payments or rent subsidies for eligible Del Monte Fresh Produce pineapple workers and retirees and their families who are displaced or affected by the closure of Del Monte Fresh Produce. The pineapple workers and retirees housing assistance fund shall be administered by the corporation.

(b) Moneys appropriated for the purposes of this section shall be deposited into the pineapple workers and retirees housing assistance fund; provided that, upon fulfillment of the purposes of this section, all unencumbered moneys shall lapse into the general fund. The corporation shall establish guidelines with respect to eligible Del Monte Fresh Produce pineapple workers and retirees and mortgage payments or rental assistance payments under this section.

~~(c) The corporation shall adopt rules in accordance with chapter 91 to effectuate the purposes of this section.~~"]

PART VI

SECTION 18. The purpose of this part is to reclassify the rental housing trust fund as a revolving fund.

The legislature finds that the fund serves the purpose for which it was created, but does not meet the criteria for a trust fund, and should be reclassified as a revolving fund.

SECTION 19. Section 201H-6, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

"(f) The corporation, through the housing advocacy and information system, shall develop and maintain an affordable housing inventory registry to identify:

(1) Affordable housing projects developed by the corporation utilizing moneys in the rental housing [~~trust~~] revolving fund established pursuant to section 201H-202 or the dwelling unit revolving fund[;] established pursuant to section 201H-191;

(2) State and federal public housing projects identified by the Hawaii public housing authority;

(3) United States Department of Housing and Urban Development Region 9 federally supported and privately managed housing projects; and

(4) State and county lands that may be developed for affordable housing, as defined in section 201H-57(b)."

SECTION 20. Chapter 201H, Hawaii Revised States, is amended by amending the title of part III, subpart J, to read as follows:

"J. Rental Housing [~~Trust~~] Special Fund"

SECTION 21. Section 201H-201, Hawaii Revised Statutes, is amended by amending the definition of "fund" to read as follows:

""Fund" means the rental housing [~~trust~~] revolving fund established [~~in this subpart.~~] pursuant to section 201H-202."

SECTION 22. Section 201H-202, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:

"§201H-202 Rental housing [~~trust~~] revolving fund. (a) There is established the rental housing [~~trust~~] revolving fund to be administered by the corporation."

SECTION 23. Section 247-7, Hawaii Revised Statutes, is amended to read as follows:

"§247-7 Disposition of taxes. All taxes collected under this chapter shall be paid into the state treasury to the credit of the general fund of the State, to be used and expended for the purposes for which the general fund was created and exists by law; provided that of the taxes collected each fiscal year:

(1) Ten per cent shall be paid into the land conservation fund established pursuant to section 173A-5;

(2) Twenty-five per cent from July 1, 2009, until June 30, 2012; thirty per cent from July 1, 2012, until June 30, 2014; and fifty per cent in each fiscal year thereafter shall be paid into the rental housing [~~trust~~] revolving fund established by section 201H-202; and

(3) Twenty per cent from July 1, 2009, until June 30, 2012, and twenty-five per cent in each fiscal year thereafter shall be paid into the natural area reserve fund established by section 195-9; provided that the funds paid into the natural area reserve fund shall be annually disbursed by the department of land and natural resources in the following priority:

(A) To natural area partnership and forest stewardship programs after joint consultation with the forest stewardship committee and the natural area reserves system commission;

(B) Projects undertaken in accordance with watershed management plans pursuant to section 171-58 or watershed management plans negotiated with private landowners, and management of the natural area reserves system pursuant to section 195-3; and

PART VII

SECTION 24. The purpose of this part is to repeal the renewable energy facility siting special fund.

The legislature finds that the fund does not serve the purpose for which it was created and should be repealed.

SECTION 25. Section 201N-11, Hawaii Revised Statutes, is repealed.

["~~[§201N-11] Renewable energy facility siting special fund; uses.~~ ~~(a) There is created within the state treasury a renewable energy facility siting special fund, which shall consist of:~~

~~(1)~~ ~~Moneys appropriated to the fund by the legislature;~~

~~(2)~~ ~~Permit plan application fees collected by the coordinator under this chapter; and~~

~~(3)~~ ~~Moneys allotted to the fund from other sources.~~

(b) Moneys from the fund shall be expended by the energy resources coordinator for the purposes of section 201N-4(a) and for the operation and administration of the renewable energy facility siting process pursuant to this chapter."]

PART VIII

SECTION 26. The purpose of this part is to repeal the public facility revenue bond special fund.

The legislature finds that the fund does not meet the purpose for which it was created and does not meet the criteria for a special fund. Accordingly, since the fund in an integral part of chapter 206E, part IV, the legislature finds that the entire part should be repealed.

SECTION 27. Chapter 206E, part IV, Hawaii Revised Statutes, is repealed.

PART IX

SECTION 28. The purpose of this part is to repeal the Hawaii technology loan revolving fund.

The legislature finds that the fund does not serve the purpose for which it was created and should be repealed.

SECTION 29. Section 206M-15.6, Hawaii Revised Statutes, is repealed.

["~~[§206M-15.6] Hawaii technology loan revolving fund.~~ There is established the Hawaii technology loan revolving fund for the purpose of investing in technology development in Hawaii. The following shall be deposited into the Hawaii technology loan revolving fund:

~~(1)~~ ~~Appropriations from the legislature;~~

~~(2)~~ ~~Moneys received as repayments of loans;~~

~~(3)~~ ~~Investment earnings;~~

~~(4)~~ ~~Royalties;~~

~~(5)~~ ~~Premiums, or fees or equity charged by the corporation, or otherwise received by the corporation; and~~

~~(6)~~ ~~Loans that are convertible to equity;~~

~~provided that the total amount of moneys in the fund shall not exceed $2,000,000 at the end of any fiscal year.~~"]

PART X

SECTION 30. The purpose of this part is to repeal the Hawaii community-based economic development revolving fund.

The legislature finds that the fund does not meet the criteria for a revolving fund and should be repealed.

SECTION 31. Section 210D-8, Hawaii Revised Statutes, is amended to read as follows:

"§210D-8 Powers and duties. The department shall have the necessary powers to carry out the purposes of this chapter, including the following:

(1) With advice from the council, prescribe the qualifications for eligibility of applicants for loans and grants;

(2) With advice from the council, establish preferences and priorities in determining eligibility for financial assistance;

(3) Establish the conditions, consistent with the purpose of this chapter, for the awarding of financial assistance;

(4) Provide for inspection at reasonable hours of facilities, books, and records of a community-based organization that has applied for or has been awarded financial assistance and require the submission of progress and final reports;

(5) Provide loans and grants for community-based economic development activities and community-based enterprises for purposes consistent with this chapter;

(6) Determine the necessity for and the extent of security required in a loan;

(7) Prescribe and provide appropriate management counseling and monitoring of business activities;

[~~(8)~~ ~~Administer the Hawaii community-based economic development revolving fund;~~]

[~~(9)~~] (8) Include in its budget for subsequent fiscal periods amounts necessary to effectuate the purposes of this chapter;

[~~(10)~~] (9) Participate in loans made to qualified persons by private lenders;

[~~(11)~~] (10) Establish interest rates chargeable by the State for direct and participation loans; and

[~~(12)~~] (11) Adopt rules pursuant to chapter 91 to implement this chapter."

SECTION 32. Section 210D-4, Hawaii Revised Statutes, is repealed.

["~~§210D-4 Hawaii community-based economic development revolving fund; established.~~ There is established a revolving fund to be known as the Hawaii community-based economic development revolving fund from which moneys shall be loaned or granted by the department under this chapter. All moneys appropriated to the fund by the legislature, received as repayments of loans, payments of interest or fees, and all other moneys received by the fund from any other source shall be deposited into the revolving fund and used for the purposes of this chapter. The department may use all appropriations and other moneys in the revolving fund not appropriated for a designated purpose to make grants or loans."]

PART XI

SECTION 33. The purpose of this part is to repeal the capital formation revolving fund.

The legislature finds that the fund does not serve the purpose for which it was created, does not meet the criteria for a revolving fund, has never been used, has not supported any investment, and should be repealed. The legislature further finds that chapter 211G, Hawaii Revised Statutes, should be repealed because the fund is inactive.

SECTION 34. Section 211F-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The corporation shall have all of the powers necessary to carry out its purposes which shall include but not be limited to the power to:

(1) Adopt rules pursuant to chapter 91 to carry out the purposes of this chapter;

(2) Adopt an official seal;

(3) Sue and be sued, in its own name;

(4) Finance, conduct, or cooperate in financing or conducting technological, business, financial, or other investigations that are related to or likely to lead to business and economic development by making and entering into contracts and other appropriate arrangements, including the provision of loans, start-up and expansion capital, and other forms of assistance;

(5) Solicit, study, and assist in the preparation of business plans and proposals;

(6) Provide advice and technical and marketing assistance, support, and promotion to enterprises in which investments have been made;

(7) Coordinate the corporation's programs with any education and training program;

(8) Carry out specialized programs designed to encourage the development of new products, businesses, and markets;

(9) Prepare, publish, and distribute such technical studies, reports, bulletins, and other materials as it deems appropriate, subject only to the maintenance and respect for confidentiality of client proprietary information;

(10) Organize, conduct, sponsor, or cooperate in and assist in the conduct of conferences, demonstrations, and studies relating to the stimulation and formation of businesses [~~and to fulfilling the objectives and purposes of chapter 211G~~];

(11) Provide and pay for such advisory services and technical, managerial, and marketing assistance, support, and promotion as may be necessary or desirable to carry out the purposes of this chapter;

(12) Acquire, hold, and sell qualified securities;

(13) Consent, subject to the provisions of any contract with noteholders or bondholders, whenever the corporation deems it necessary or desirable in the fulfillment of the purposes of this chapter, to the modification, with respect to rate of interest, time of payment of any installment of principal or interest, or any other terms, of any contract or agreement of any kind to which the corporation is a party;

(14) Accept donations, grants, bequests, and devises of money, property, service, or other things of value that may be received from the United States or any agency thereof, any governmental agency, or any public or private institution, person, firm, or corporation, to be held, used, or applied for any or all of the purposes specified in this chapter. Receipt of each donation or grant shall be detailed in the annual report of the corporation. The report shall include the identity of the donor or lender, the nature of the transaction, and any conditions attaching thereto;

(15) Invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in such investments as may be lawful for fiduciaries in the State;

(16) Acquire real property, or an interest therein, by purchase or foreclosure, where that acquisition is necessary or appropriate to protect or secure any investment or loan in which the corporation has an interest; sell, transfer, and convey the property to a buyer and if the sale, transfer, or conveyance cannot be effected with reasonable promptness or at a reasonable price, to lease the property to a tenant;

(17) Acquire, own, hold, dispose of, and encumber personal property of any nature, or any interest therein;

(18) Enter into agreements or other transactions with any federal, state, or county agency;

(19) Make contracts and execute all instruments necessary or convenient for the carrying on of its business;

(20) Appear in its own behalf before state, county, or federal agencies;

(21) Procure insurance as may be necessary;

(22) Appoint officers, employees, consultants, agents, and advisors who shall not be subject to chapter 76, and prescribe their duties and fix compensation within the limitations provided by law;

(23) Appoint advisory committees as deemed necessary; and

(24) Exercise any other powers of a corporation organized under the laws of the State."

SECTION 35. Chapter 211G, Hawaii Revised Statutes, is repealed.

PART XII

SECTION 36. The purpose of this part is to repeal the statewide geospatial information and data integration special fund.

The legislature finds that the fund does not serve the purpose for which it was created and should be repealed.

SECTION 37. Section 225M-6, Hawaii Revised Statutes, is repealed.

["~~§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 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 38. 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 XIII

SECTION 39. The purpose of this part is to repeal the fee simple residential revolving fund.

The legislature finds that the fund no longer serves the purpose for which it was created, does not meet the criteria for a revolving fund, and should be repealed.

SECTION 40. Section 201H-211, Hawaii Revised Statutes, is amended to read as follows:

"§201H-211 Expenditures of revolving funds under the corporation exempt from appropriation and allotment. Except as to administrative expenditures, and except as otherwise provided by law, expenditures from the revolving funds administered by the corporation under subparts I and J of part III, relating to financing programs, or [~~sections~~] section 201H‑80[,] or 201H-123[~~, or 516‑44~~] may be made by the corporation without appropriation or allotment by the legislature; provided that no expenditure shall be made from and no obligation shall be incurred against any revolving fund in excess of the amount standing to the credit of the fund or for any purpose for which the fund may not lawfully be expended. Nothing in sections 37-31 to 37-41 shall require the proceeds of the revolving funds identified in subparts I and J of part III, or [~~sections~~] section 201H-80[,] or 201H-123[~~, or 516‑44~~] to be reappropriated annually."

SECTION 41. Section 516-5, Hawaii Revised Statutes, is amended to read as follows:

"§516-5 Penalty. Any person who violates this chapter shall be fined not more than $5,000 nor less than $1,000 or imprisoned not more than one year, or both. [~~All fines collected shall be deposited in the fee simple [residential] revolving fund created by this chapter.~~]"

SECTION 42. Section 516-45, Hawaii Revised Statutes, is amended to read as follows:

"§516-45 General obligation bonds. The director of finance may, from time to time, issue general obligation bonds in such amounts as may be authorized by the legislature, for the purpose of acquisition by the Hawaii housing finance and development corporation of residential houselots within development tracts pursuant to chapter 516, part II or for the acquisition of suitable properties to exchange pursuant to section 516-24.5 or for the acquisition by the department of land and natural resources under section 171-50.1 of suitable properties for exchange pursuant to section 171-50.2 to effectuate the purpose of this chapter. [The principal and interest of general obligation bonds issued pursuant to this section shall be reimbursed to the general fund from the fee simple residential revolving fund as provided in section 516-44.] Pending the receipt of funds from the issuance and sale of general obligation bonds, amounts required within the limits of legislative authorization may be advanced to the Hawaii housing finance and development corporation from the general fund of the State. Upon the receipt of the bond funds, the general fund shall be reimbursed the amount advanced."

SECTION 43. Section 516-44, Hawaii Revised Statutes, is repealed.

["~~§516-44 Fee simple residential revolving fund.~~ A fee simple residential revolving fund is created. The funds appropriated for the purposes of this chapter and chapter 519 and all moneys received or collected by the Hawaii housing finance and development corporation under this chapter and chapter 519 shall be deposited in the revolving fund. Moneys collected to reimburse the corporation from the lessees for their pro rata share of the direct costs incurred by the corporation under this chapter shall be deposited into the revolving fund. The proceeds in the funds shall first be used to pay the principal and interest on bonds or other indebtedness issued by the corporation, or by the State, and then for necessary expenses, including indirect costs of the corporation in administering chapters 516 and 519.

~~Moneys in the fund shall be used to pay all costs of chapters 516 and 519 including administration.~~"]

PART XIV

SECTION 44. All balances in the funds renamed and reclassified pursuant to sections 7, 12, 13, 14, 15, and 22 of this Act shall remain in their respective funds as if no renaming and reclassification had occurred.

SECTION 45. On July 1, 2015, all unencumbered balances remaining in the funds repealed by sections 5, 17, 25, 27, 29, 32, 35, 38, and 43 of this Act, shall lapse to the credit of the general fund.

SECTION 46. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 47. This Act shall take effect on July 1, 2015.

INTRODUCED BY:	_____________________________

Report Title:

Non-General Funds; Reclassification; Repeal

Description:

Reclassifies and repeals various non-general funds, as recommended by the auditor in auditor's report no. 14-13.

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