Bill Text: HI SB128 | 2012 | Regular Session | Introduced
Bill Title: Attorney General; Attorney General Operations Special Fund
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB128 Detail]
Download: Hawaii-2012-SB128-Introduced.html
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THE SENATE |
S.B. NO. |
128 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the attorney general.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 28, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§28‑ Attorney general operations special fund. (a) There is established in the state treasury the attorney general operations special fund. The attorney general operations special fund shall be administered by the department of the attorney general. Any law to the contrary notwithstanding, the moneys in the fund shall be used to fund the operations of the department.
(b) Within the attorney general operations special fund shall be the antitrust trust subaccount. The following amounts shall be deposited into the antitrust trust subaccount:
(1) Ten per cent of any antitrust judgment or settlement received by the State except where the deposit is inconsistent with the court order or settlement agreement relating to the amount; and
(2) Appropriations made by the legislature.
(c) The antitrust trust subaccount shall be used for expenditures including the enforcement of antitrust laws, such as expenditures for training, equipment purchases, educational resources, and facilitating participation in antitrust lawsuits and investigations initiated by other states.
(d) All unencumbered and unexpended moneys in excess of $ remaining on balance in the antitrust trust subaccount at the close of June 30 of each year shall lapse to the credit of the attorney general operations special fund.
(e) Within the attorney general operations special fund shall be the tobacco enforcement subaccount. The following amounts shall be deposited into the tobacco enforcement subaccount:
(1) Tobacco settlement moneys as provided by section 328L‑2(a);
(2) The allocated portion of the stamp fee designated to pay for the cost of enforcing the cigarette tax stamp as provided by section 245-26; and
(3) Fines as provided for by section 245-41.
(f) Moneys in the tobacco enforcement subaccount shall be used for administering, operating, monitoring, and ensuring compliance with and enforcement of:
(1) The Master Settlement Agreement as defined in chapter 675 and any other statutes or programs relating to that agreement;
(2) Chapter 675;
(3) Tobacco prevention programs;
(4) The cigarette tax stamp as defined in chapter 245 and any other statutes or programs relating to that chapter;
(5) Chapter 245;
(6) Chapter 486P and any other statutes or programs relating to that chapter; and
(7) Any other requirement deemed necessary to carry out the purposes of the subaccount.
(g) All unencumbered and unexpended moneys in excess of $ remaining on balance in the tobacco enforcement subaccount at the close of June 30 of each year shall not lapse to the credit of the state general fund, but shall remain in the attorney general operations special fund.
(h) Within the attorney general operations special fund shall be deposited investment earnings from moneys in the litigation deposits trust fund, as provided by section 28-16(d).
(i) The department of the attorney general shall submit a report to the legislature, no later than twenty days prior to the convening of each regular session, providing an accounting of the receipts and expenditures of the fund."
SECTION 2. Section 28-16, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) Moneys in the fund may be invested
by the department in securities as provided by section 36-21. Investment
earnings shall be deposited in the [general fund.] attorney general operations
special fund."
SECTION 3. Section 245-26, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Stamps shall be sold at their denominated values, plus a stamp fee of 1.7 per cent of the denominated value of each stamp sold, composed of the aggregate of:
(1) .2 per cent of the denominated value of the stamp to pay for the cost to the State of providing the stamps, with that amount to be deposited to the credit of the department of taxation's cigarette tax stamp administrative special fund; and
(2) 1.5 per cent of the denominated value of the
stamp to pay for the cost of enforcing the stamp tax, with that amount to be
deposited to the credit of the department of the attorney general's tobacco
enforcement [special fund;] subaccount;
provided that the department by rule may modify the stamp fee to reflect actual costs incurred by the State in providing the stamps."
SECTION 4. Section 245-41, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Where the attorney general initiates
and conducts an investigation resulting in the imposition and collection of a
criminal fine pursuant to this part, one hundred per cent of the fine shall be
distributed to the attorney general to be deposited to the credit of the department
of the attorney general's tobacco enforcement [special fund;] subaccount;
provided that if the attorney general engages the prosecuting attorney for the
investigation or prosecution, or both, resulting in the imposition and
collection of a criminal fine under this part, the fine shall be shared equally
between the attorney general and the prosecuting attorney."
SECTION 5. Section 28-13, Hawaii Revised Statutes, is repealed.
["[§28-13] Antitrust trust fund.
(a) There is established in the state treasury the antitrust trust fund, into
which shall be deposited:
(1) Ten per cent of any antitrust judgment
or settlement received by the State except where the deposit is inconsistent
with the court order or settlement agreement relating to the amount; and
(2) Appropriations made by the legislature.
(b) The antitrust trust fund shall be
administered by the department of the attorney general and shall be used for
expenditures relating to the enforcement of antitrust laws, including but not
limited to expenditures for training, equipment purchases, educational resources,
and facilitating participation in antitrust lawsuits and investigations
initiated by other states.
(c) All unencumbered and unexpended moneys
in excess of $250,000 remaining on balance in the antitrust trust fund at the
close of June 30 of each year shall lapse to the credit of the general fund.
(d) The department of the attorney general
shall submit a report to the legislature no later than twenty days prior to the
convening of each regular session to provide an accounting of the receipts and
expenditures of the fund."]
SECTION 6. Section 28-15, Hawaii Revised Statutes, is repealed.
["§28-15 Tobacco
enforcement special fund. (a) There is established in the state treasury
the tobacco enforcement special fund, into which shall be deposited the tobacco
settlement moneys as provided by section 328L-2(a), the allocated portion of
the stamp fee designated to pay for the cost of enforcing the cigarette tax
stamp as provided by section 245-26, and fines as provided for by section
245-41.
(b) The tobacco enforcement special fund
shall be administered by the department of the attorney general and shall be
used for administering, operating, monitoring, and ensuring compliance with and
enforcement of:
(1) The Master Settlement Agreement as
defined in chapter 675 and any other statutes or programs relating to that
agreement;
(2) Chapter 675;
(3) Tobacco prevention programs;
(4) The cigarette tax stamp as defined in
chapter 245 and any other statutes or programs relating to that chapter;
(5) Chapter 245;
(6) Chapter 486P and any other statutes or
programs relating to that chapter; and
(7) Any other requirement deemed necessary
to carry out the purposes of the fund.
(c) All unencumbered and unexpended moneys
in excess of $500,000 remaining on balance in the tobacco enforcement special
fund at the close of June 30 of each year shall lapse to the credit of the
state general fund.
(d) The department of the attorney general
shall submit a report to the legislature, no later than twenty days prior to
the convening of each regular session, providing an accounting of the receipts
and expenditures of the fund."]
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Attorney General; Attorney General Operations Special Fund
Description:
Establishes an attorney general operations special fund; moneys from the antitrust trust subaccount, tobacco settlement moneys, and investment earnings from the litigation deposits trust fund shall be deposited into this special fund.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
