Bill Text: HI HB2465 | 2016 | Regular Session | Introduced
Bill Title: Non-General Funds; Repeal; Transfer of Balances
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled - Dead) 2016-04-19 - Received notice of appointment of House conferees (Hse. Com. No. 611). [HB2465 Detail]
Download: Hawaii-2016-HB2465-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2465 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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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, abolish, or amend various non-general funds pursuant to the recommendations made by the auditor in auditor's report no. 15‑19.
PART II
SECTION 2. The purpose of this part is to repeal the child care licensing and registration special fund.
The legislature finds that the fund no longer serves the purpose for which it was created.
SECTION 3. Section 346-159, Hawaii Revised Statutes, is repealed.
["[§346-159] Child care licensing
and registration special fund. (a) There is established within the
state treasury, to be administered by the department, the child care licensing
and registration special fund into which shall be deposited:
(1) All fees received from applicants for a
license to operate group child care homes or group child care centers as
provided in section 346-163 and from applicants for a certificate of
registration for family child care homes as provided in section 346-173;
(2) Appropriations made by the legislature
to the fund; and
(3) Any other revenues designated for the fund.
(b) Moneys in the child care licensing and
registration special fund shall be used for the following purposes:
(1) The costs of administering child care
licensing and registration;
(2) Furthering the provision of quality
child care services; and
(3) Any other purpose deemed necessary by
the department to ensure the health and safety of children.
(c) All interest on special fund balances
shall accrue to the credit of the special fund. Upon dissolution of the child
care licensing and registration special fund, any unencumbered moneys in the
fund shall lapse to the credit of the general fund."]
SECTION 4. On July 1, 2016, all unencumbered balances remaining in the child care licensing and registration special fund repealed by section 3 of this Act shall lapse to the credit of the general fund.
PART III
SECTION 5. The purpose of this part is to repeal the housing first special fund.
The legislature finds that the fund does not meet the self-sustaining criterion because it relies on general fund appropriations. Thus, the fund should be repealed.
SECTION 6. Section 346-378, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The department of human services, in
consultation with the United States Department of Housing and Urban
Development, as necessary, shall implement housing first programs and services,
as the department deems appropriate for clientele who would most likely benefit
from and succeed with the implementation of housing first programs and services,
and subject to the availability of existing funds [or housing first special
fund moneys]."
SECTION 7. Section 346-377, Hawaii Revised Statutes, is repealed.
["[§346-377]
Housing first special fund. (a) There is established in the state
treasury the housing first special fund, into which shall be deposited:
(1) Appropriations by the legislature to
the special fund; and
(2) Gifts, donations, and grants from
public agencies and private persons.
Each county may provide matching funds,
which shall also be deposited into the housing first special fund.
(b) Moneys in the housing first special
fund shall be administered and expended by the department of human services and
shall be used to provide housing first programs and services."]
SECTION 8. On July 1, 2016, all unencumbered balances remaining in the housing first special fund repealed by section 7 of this Act shall lapse to the credit of the general fund.
PART IV
SECTION 9. The purpose of this part is to amend the revenue sources of the spouse and child abuse special account.
The legislature finds that the account does not meet the clear nexus criterion. Specifically, there is no clear link between the benefits of spouse and child abuse intervention and prevention programs supported by the fund and revenues derived from a portion of fees for copies of birth, marriage, divorce, and death certificates, and marriage licenses issued by the department of health, pursuant to sections 338-14.5 and 572-5, Hawaii Revised Statutes.
SECTION 10. Section 338-14, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The department shall keep an account
of all fees collected and shall deposit them to the general fund of the State
except as provided in sections 321-1.3, 338-14.5, 338‑14.6, [346-7.5,]
and 601-3.6."
SECTION 11. Section 338-14.5, Hawaii Revised Statutes, is amended to read as follows:
"§338-14.5 Copies of certificate; fees. The fees for certified copies of birth, marriage, divorce, or death certificates issued by the department of health shall consist of $10 for the first copy issued and $4 for each copy issued thereafter. These fees shall be collected for each single request for certified copies. All fees received for the issuance of certified copies of birth, marriage, divorce, or death certificates shall be remitted to the director of health. Upon the receipt of remittances under this section, the director of health shall deposit:
[(1) $1 for each certified copy to the
credit of the spouse and child abuse special account established under section
346-7.5;]
[(2)] (1) $1 for each certified copy to
the credit of the spouse and child abuse special account established under
section 601-3.6;
[(3)] (2) $1 for each certified
copy to the credit of the domestic violence and sexual assault special fund
established under section 321-1.3;
[(4)] (3) $1 for each certified
copy to the credit of the vital statistics improvement special fund established
under section 338-14.6; and
[(5)] (4) The remainder of the fee
for each certified copy to the credit of the state general fund."
SECTION 12. Section 346-7.5, Hawaii Revised Statutes, is amending by amending subsection (c) as follows:
"(c) The account shall consist of [fees
remitted pursuant to sections 338-14.5 and 572-5,] income tax remittances
allocated under section 235-102.5, interest and investment earnings, grants,
donations, and contributions from private or public sources. All realizations
of the account shall be subject to the conditions specified in subsection (b)."
SECTION 13. Section 572-5, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) The department of health shall appoint, and at its pleasure remove, one or more suitable persons as agents authorized to grant marriage licenses under this chapter in each judicial circuit. The agents may issue licenses from any state facility when deemed necessary by the director. Any agent appointed under this subsection and receiving an application for a marriage license shall collect from the applicant for the license $60, of which the agent, except those provided for in subsection (b), shall retain $9 for the agent's benefit and compensation and shall remit $51 to the director of health. Upon the receipt of remittances under this subsection, the director of health shall deposit:
(1) [$32] $36.50 for each license
issued to the credit of the general fund of the State;
[(2) $4.50 for each license issued to the
credit of the spouse and child abuse special account established under section
346-7.5;
(3)] (2) $4.50 for each license issued
to the credit of the spouse and child abuse special account established under
section 601-3.6; and
[(4)] (3) $10 for each license issued to
the credit of the birth defects special fund established under section 321-426.
(b) The department may appoint, as regular employees under the civil service and classification laws, the number of suitable persons as agents authorized to grant marriage licenses for whom provision has been made in the general appropriation act. In the case of these agents, the full amount collected from applicants shall be remitted to the director of health. Upon the receipt of remittances under this subsection, the director of health shall deposit:
(1) [$41] $45.50 for each license
issued to the credit of the general fund of the State;
[(2) $4.50 for each license issued to the
credit of the spouse and child abuse special account established under section
346-7.5;
(3)] (2) $4.50 for each license issued
to the credit of the spouse and child abuse special account established under
section 601-3.6; and
[(4)] (3) $10 for each license issued to
the credit of the birth defects special fund established under section
321-426."
PART V
SECTION 14. The purpose of this part is to repeal the housing project bond special funds.
The legislature finds that the funds do not serve the purposes for which they were created.
SECTION 15. Section 356D-23, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The trustee shall also be authorized
by the authority [to hold and administer any housing project bond special
funds established pursuant to section 356D-28, and] to receive and receipt
for, hold, and administer the revenues derived by the authority from any public
housing project or projects for which the bonds are issued or the projects
pledged to the payment of the bonds, and to apply the revenues to the payment
of the cost of administering, operating, and maintaining the public housing
project or projects, 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 16. Section 356D-28, Hawaii Revised Statutes, is amended to read as follows:
"[[]§356D-28[]] Public
housing revolving fund[; housing project bond special funds]. (a)
There is established the public housing revolving fund to be administered by
the authority. Notwithstanding section 36-21, the proceeds in the fund shall
be used for long-term and other special financings of the authority and for
necessary expenses in administering this chapter.
(b) All moneys received and collected by the authority, not otherwise pledged, obligated, or required by law to be placed in any other special fund, shall be deposited into the public housing revolving fund.
[(c) A separate special fund shall be
established for each public housing project or projects financed from the
proceeds of bonds secured under the trust indenture. Each fund shall be
designated "housing project bond special fund" and shall bear any
additional designation as the authority deems appropriate to properly identify
the fund.
(d) Notwithstanding any other law to the contrary,
all revenues, income, and receipts derived from a public housing project or
projects financed from the proceeds of bonds or pledged to the payment of
principal of and interest and premium on bonds, shall be paid into the housing
project bond special fund established for the public housing project or
projects and applied as provided in the proceedings authorizing the issuance of
bonds.]"
SECTION 17. On July 1, 2016, all unencumbered balances remaining in the housing project bond special funds repealed by section 16 of this Act shall lapse to the credit of the general fund.
PART VI
SECTION 18. The temporary deposits - payroll overpayment housing and community development corporation of Hawaii trust fund, administratively created in 2006, is reclassified as a trust account.
PART VII
SECTION 19. The following funds and accounts are abolished:
(1) The blueprint for change program special fund administratively established in 2010;
(2) The costs related to homeless assistance special fund administratively established in 2003;
(3) The Hale Mahaolu special fund administratively created in 2010;
(4) The Hawai‘i immigrant health initiative program special fund administratively created in 2010;
(5) The outreach services special fund administratively created in 2010;
(6) The outreach services to located uninsured children special fund administratively created in 2010;
(7) The outstationed eligibility worker services special fund administratively created in 2010;
(8) The shelter plus care program special fund administratively created in 2010; and
(9) The support domestic violence shelters statewide special fund administratively established in 2010; and
(10) The financial assistance for housing special fund administratively established in 2001;
and any remaining unencumbered balances shall be transferred to the emergency and budget reserve fund established pursuant to section 328L-3, Hawaii Revised Statutes.
PART VIII
SECTION 20. The following funds and accounts are abolished:
(1) The blind shop revolving and handicraft fund established by section 347-12, Hawaii Revised Statutes, which has been repealed by Act 147, Session Laws of Hawaii 2015;
(2) The department of human services homeless trust fund created in 2006;
(3) The Geist foundation trust account created 1997;
(4) Kahikolu ‘Ohana O Wai‘anae project trust fund created in 2007; and
(5) The recruitment of foster parents trust account created in 1987;
and any remaining unencumbered balances shall be transferred to the general fund.
PART IX
SECTION 21. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 22. This Act shall take effect on July 1, 2016.
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INTRODUCED BY: |
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Report Title:
Non-General Funds; Repeal; Transfer of Balances
Description:
Repeals and transfers the unencumbered balances of various non-general funds and accounts recommended by the auditor in auditor's report no. 15-19. Amends the revenue sources of the spouse and child abuse special account.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
