REPORT TITLE:



DESCRIPTION:


 
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HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE ENFORCEMENT OF THE TOBACCO SETTLEMENT AGREEMENT.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 28, Hawaii Revised Statutes, is amended
 
 2 by adding to part I a new section to be appropriately designated
 
 3 and to read as follows:
 
 4      "§28-     Tobacco enforcement special fund.  (a)  There is
 
 5 established in the state treasury the tobacco enforcement special
 
 6 fund, into which shall be deposited the tobacco settlement moneys
 
 7 as provided by section 328L-2(a).
 
 8      (b)  Moneys in the tobacco enforcement special fund shall be
 
 9 administered by the department of the attorney general and shall
 
10 be used for administering, operating, monitoring, and ensuring
 
11 compliance with and enforcement of:
 
12      (1)  The Master Settlement Agreement as defined in chapter
 
13           675 and any other statutes or programs relating to that
 
14           Agreement;
 
15      (2)  The provisions of chapter 675;
 
16      (3)  Tobacco prevention programs; and
 
17      (4)  Any other requirement deemed necessary to carry out the
 
18           purposes of the fund.
 
19      (c)  All moneys in excess of $500,000 remaining on balance
 

 
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 1 in the tobacco enforcement special fund on June 30 of each year
 
 2 shall lapse to the credit of the Hawaii tobacco settlement
 
 3 special fund.
 
 4      (d)  The department of the attorney general shall submit a
 
 5 report to the legislatrue no later than twenty days prior to the
 
 6 convening of each regular session, providing an accounting of the
 
 7 receipts and expenditures of the fund."
 
 8      SECTION 2.  Section 36-27, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "§36-27  Transfers from special funds for central service
 
11 expenses.  Except as provided in this section, and
 
12 notwithstanding any other law to the contrary, from time to time
 
13 the director of finance, for the purpose of defraying the
 
14 prorated estimate of central services expenses of government in
 
15 relation to all special funds, except the:
 
16      (1)  Special summer school and intersession fund under
 
17           section 302A-1310;
 
18      (2)  School cafeteria special funds of the department of
 
19           education;
 
20      (3)  Special funds of the University of Hawaii;
 
21      (4)  State educational facilities improvement special fund;
 
22      (5)  Convention center capital and operations special fund
 
23           under section 206X-10.5;
 

 
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 1      (6)  Special funds established by section 206E-6;
 
 2      (7)  Housing loan program revenue bond special fund;
 
 3      (8)  Housing project bond special fund;
 
 4      (9)  Aloha Tower fund created by section 206J-17;
 
 5     (10)  Domestic violence prevention special fund under section
 
 6           321-1.3;
 
 7     (11)  Spouse and child abuse special account under section
 
 8           346-7.5;
 
 9     (12)  Spouse and child abuse special account under section
 
10           601-3.6;
 
11     (13)  Funds of the employees' retirement system created by
 
12           section 88-109;
 
13     (14)  Unemployment compensation fund established under
 
14           section 383-121;
 
15     (15)  Hawaii hurricane relief fund established under chapter
 
16           431P;
 
17     (16)  Hawaii health systems corporation special funds;
 
18     (17)  Boiler and elevator safety revolving fund established
 
19           under section 397-5.5;
 
20     (18)  Tourism special fund established under section 201B-11;
 
21     (19)  Department of commerce and consumer affairs' special
 
22           funds;
 
23     (20)  Compliance resolution fund established under section
 

 
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 1           26-9;
 
 2     (21)  Universal service fund established under chapter 269;
 
 3     (22)  Integrated tax information management systems special
 
 4           fund under section 231-3.2;
 
 5     (23)  Insurance regulation fund under section 431:2-215;
 
 6     (24)  Hawaii tobacco settlement special fund under section
 
 7           328L-2; [and]
 
 8     (25)  Emergency budget and reserve fund under section 328L-3;
 
 9           and
 
10     (26)  Tobacco enforcement special fund established by section
 
11           28-   ;
 
12 shall deduct five percent of all receipts of all other special
 
13 funds, which deduction shall be transferred to the general fund
 
14 of the State and become general realizations of the State.  All
 
15 officers of the State and other persons having power to allocate
 
16 or disburse any special funds shall cooperate with the director
 
17 in effecting these transfers.  To determine the proper revenue
 
18 base upon which the central service assessment is to be
 
19 calculated, the director shall adopt rules pursuant to chapter 91
 
20 for the purpose of suspending or limiting the application of the
 
21 central service assessment of any fund.  No later than twenty
 
22 days prior to the convening of each regular session of the
 
23 legislature, the director shall report all central service
 

 
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 1 assessments made during the preceding fiscal year."
 
 2      SECTION 3.  Section 36-30, Hawaii Revised Statutes, is
 
 3 amended by amending subsection (a) to read as follows:
 
 4      "§36-30  Special fund reimbursements for departmental
 
 5 administrative expenses.(a)  Each special fund, except the:
 
 6      (1)  Transportation use special fund established by section
 
 7           261D-1;
 
 8      (2)  Special summer school and intersession fund under
 
 9           section 302A-1310;
 
10      (3)  School cafeteria special funds of the department of
 
11           education;
 
12      (4)  Special funds of the University of Hawaii;
 
13      (5)  State educational facilities improvement special fund;
 
14      (6)  Special funds established by section 206E-6;
 
15      (7)  Aloha Tower fund created by section 206J-17;
 
16      (8)  Domestic violence prevention special fund under section
 
17           321-1.3;
 
18      (9)  Spouse and child abuse special account under section
 
19           346-7.5;
 
20     (10)  Spouse and child abuse special account under section
 
21           601-3.6;
 
22     (11)  Funds of the employees' retirement system created by
 
23           section 88-109;
 

 
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 1     (12)  Unemployment compensation fund established under
 
 2           section 383-121;
 
 3     (13)  Hawaii hurricane relief fund established under chapter
 
 4           431P;
 
 5     (14)  Convention center capital and operations special fund
 
 6           established under section 206X-10.5;
 
 7     (15)  Hawaii health systems corporation special funds;
 
 8     (16)  Tourism special fund established under section 201B-11;
 
 9     (17)  Compliance resolution fund established under section
 
10           26-9;
 
11     (18)  Universal service fund established under chapter 269;
 
12     (19)  Integrated tax information management systems special
 
13           fund;
 
14     (20)  Insurance regulation fund under section 431:2-215;
 
15     (21)  Hawaii tobacco settlement special fund under section
 
16           328L-2; [and]
 
17     (22)  Emergency and budget reserve fund under section 328L-3;
 
18           and
 
19     (23)  Tobacco enforcement special fund established by section
 
20           28   ;
 
21 shall be responsible for its pro rata share of the administrative
 
22 expenses incurred by the department responsible for the operation
 
23 supported by the special fund concerned."
 

 
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 1      SECTION 4.  Section 328L-2, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  There is established in the state treasury the Hawaii
 
 4 tobacco settlement special fund into which shall be deposited:
 
 5      (1)  All tobacco settlement moneys; and
 
 6      (2)  All interest and earnings accruing from the investment
 
 7           of moneys in the fund[.];
 
 8 provided that the first $500,000 from all tobacco settlement
 
 9 moneys received by the State each fiscal year shall be deposited
 
10 in the state treasury in each fiscal year to the credit of the
 
11 tobacco enforcement special fund.  The Hawaii tobacco settlement
 
12 special fund shall be administered by the department."
 
13      SECTION 5.  There is appropriated out of the tobacco
 
14 enforcement special fund the sum of $500,000, or so much thereof
 
15 as may be necessary for fiscal year 2000-2001, to carry out the
 
16 purposes of the tobacco enforcement special fund.  The sum
 
17 appropriated shall be expended by the department of the attorney
 
18 general.
 
19      SECTION 6.  Statutory material to be repealed is bracketed.
 
20 New statutory material is underscored.
 
21      SECTION 7.  This Act shall take effect on July 1, 2000.
 
22 
 
23                       INTRODUCED BY:  ___________________________
 

 
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