Bill Text: HI SB951 | 2010 | Regular Session | Introduced
Bill Title: Special Funds; Department of Land and Natural Resources
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB951 Detail]
Download: Hawaii-2010-SB951-Introduced.html
Report Title:
Special Funds; Department of Land and Natural Resources
Description:
Expands authorization of the State Parks and Commercial Fisheries Special Funds and the Special Land and Development Fund to: (1) Allow for deposits of criminal and civil penalties, fines, and other administrative charges collected, and (2) Expend moneys for restoration or mitigation of natural or cultural resources, education and public outreach, and enforcement efforts.
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THE SENATE |
S.B. NO. |
951 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO NATURAL RESOURCE VIOLATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 184-3.4, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) There is established within the state treasury a fund to be known as the state parks special fund, into which shall be deposited:
(1) All proceeds collected by the state parks
programs involving park user fees, any leases or concession agreements, the
sale of any article purchased from the department to benefit the state parks
programs, or any gifts or contributions; provided that proceeds derived from
the operation of Iolani Palace shall be used to supplement its educational and
interpretive programs; [and]
(2) Transient accommodations tax revenues pursuant to
section 237D-6.5; provided that these moneys shall be expended in response to a
master plan developed in coordination with the Hawaii tourism authority[.];
and
(3) Civil, criminal, and administrative penalties, fines, and other charges collected under this chapter or any rule adopted thereunder, notwithstanding the provisions of any other law.
(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) Operation and maintenance costs of state parks and
state parks programs; [and]
(5) Administrative costs of the division of state parks[.];
and
(6) Restoration of or mitigation of damage to natural or cultural resources, public education and outreach programs, and enforcement efforts for the state parks program."
SECTION 2. Section 189-2.4, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
"(b) The following revenues shall be deposited into the commercial fisheries special fund:
(1) Moneys collected as fees for licenses and permits related to commercial fishing and the sale of aquatic life, use of public fishing grounds for commercial fishing purposes, and use of commercial fisheries-related facilities;
(2) Moneys collected under the provision of any law or rule related to the importation, rearing, fishing, taking, catching, or killing of any aquatic life for commercial purposes;
(3) Moneys, other than informers' fees authorized under section 187A-14, collected as fines or bail forfeitures or administrative fines for violations of this chapter;
(4) Moneys collected from fines, penalties, and settlements for commercial fishing violations under subtitle 5, or any rule adopted thereunder, notwithstanding the provisions of any other law;
[(4)] (5) Moneys
collected from the sale of any article purchased from the department related to
aquatic life used for commercial purposes or fishing for commercial purposes;
[(5)] (6) Any
monetary contributions or moneys collected from the sale of nonmonetary gifts to
benefit aquatic life used for commercial purposes or fishing for commercial purposes;
and
[(6)] (7) Moneys
derived from interest, dividend, or other income from the above sources.
(c) The commercial fisheries special fund shall be used for the following:
(1) Programs and activities for projects concerning aquatic life used for commercial purposes;
(2) Developing and conducting resource monitoring programs, conducting studies to determine the sustainable use of aquatic life for commercial purposes, and developing recommendations for acceptable levels of use;
(3) Research programs and activities concerning the conservation and management of aquatic life for commercial purposes;
(4) Programs
and activities concerning the importation and management, preservation, propagation,
enforcement, and protection of aquatic life used for commercial purposes; [and]
(5) Payroll for personnel
of the department or the awarding of grants-in-aid to or contracts with the University
of Hawaii or other qualified organizations or individuals to develop or implement
the programs and activities for the conservation and management of aquatic life
for commercial purposes[.];
(6) Restoration or remediation projects where actions that involved commercial purposes have resulted in damage to or destruction of aquatic life; and
(7) Programs and activities, including but not limited to education and outreach to the public on the importance of aquatic life and the ecosystems they compose, on the impact of commercial activities on aquatic life, and on enforcement actions conducted in efforts to protect aquatic life."
SECTION 3. Section 198D-2, Hawaii Revised Statutes, is amended to read as follows:
"§198D-2 Establishment of Hawaii statewide trail and access program. (a) There is established the Hawaii statewide trail and access program, to be known as Na Ala Hele. The department of land and natural resources shall plan, develop, acquire land or rights for public use of land, construct, restore, and engage in coordination activities to implement the program in accordance with this chapter.
(b) The trail and access program shall use funding for the management, maintenance, and development of trails and trail accesses under the jurisdiction of the department from the following sources:
(1) A portion of the highway fuel taxes collected under chapter 243;
(2) Federal government grants;
(3) Private contributions;
(4) Fees, established pursuant to administrative
rules and charged by the department for the commercial and other use of trails
and trail accesses under the jurisdiction of the department; [and]
(5) Transient accommodations tax revenues pursuant to
section 237D-6.5[.]; and
(6) Civil, criminal, and administrative penalties, fines, and other charges collected under this chapter or any rule adopted pursuant to this chapter, notwithstanding the provisions of any other law.
(c) The moneys specified in subsection (b)(2) shall be deposited in the state treasury; provided that moneys received as deposits or contributions from the federal government shall be accounted for in accordance with the conditions established by the agencies making the contribution.
(d) The moneys specified
in subsection (b)(1), (3), (4), [and] (5), and (6) shall be deposited
in the special land and development fund under section 171-19 for the management,
maintenance, and development of trails and trail accesses under the jurisdiction
of the department; provided that the moneys specified in subsection (b)(5) shall
be expended for the management, maintenance, and development of trails and access
areas frequented by visitors in response to a master plan developed in coordination
with the Hawaii tourism authority[.] and moneys specified in subsection
(b)(6) may also be expended for restoration of or mitigation of damage to
natural or cultural resources, enforcement, search and rescue, and public education
and outreach efforts related to Na Ala Hele."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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By Request |
