2451
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO A REPAIRS AND MAINTENANCE SPECIAL FUND.
 


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

 1      SECTION 1.  The Legislature finds that the State's physical
 
 2 plant needs an on-going source of funds to finance major repairs.
 
 3 The State cannot continue to construct new facilities, while
 
 4 neglecting its investments in the existing physical plant.  The
 
 5 purpose of this Act is to create a repairs and maintenance
 
 6 special fund to finance major repairs.
 
 7      SECTION 2.  Chapter 103, Hawaii Revised Statutes, is amended
 
 8 by adding a new section to be appropriately designated and to
 
 9 read as follows:
 
10      "§103-    Repairs and Maintenance Special Fund.  (a)  There
 
11 is created a repairs and maintenance special fund, which shall be
 
12 administered by the department of accounting and general
 
13 services, into which shall be transferred one and one-half per
 
14 cent of all general obligation bond and State educational
 
15 facilities improvement special fund appropriations for capital
 
16 improvements designated for the construction cost element;
 
17 provided that this transfer shall not apply to capital
 
18 improvement appropriations that are designated for transfers to
 
19 other funds or agencies.
 

 
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 1      (b)  The one and one-half per cent amount, which is included
 
 2 in all general obligation bond and State educational facilities
 
 3 improvement special fund appropriations, shall be calculated at
 
 4 the time the appropriations bills are signed into law.  The
 
 5 moneys will be transferred into the repairs and maintenance
 
 6 special fund upon allotment of moneys from the appropriations.
 
 7      (c)  The repairs and maintenance special fund shall be used
 
 8 for major repairs that extend the useful life of a facility
 
 9 through a significant improvement or upgrade, or provide a better
 
10 functional or operational efficiency.  Major repairs include
 
11 reroofing, upgrading power distribution systems, replacing air
 
12 conditioning equipment, and other repairs that have an
 
13 anticipated life that generally reflect the life of the bond.
 
14 The fund shall not be used for repairs that are performed for
 
15 preventive or routine maintenance purposes.
 
16      (d)  The Comptroller and user agencies shall decide on the
 
17 specific repair and maintenance projects to be implemented.  The
 
18 Comptroller shall make an effort to implement the user agency's
 
19 respective repair and maintenance projects based on the amount
 
20 contributed to the repair and maintenance special fund by the
 
21 user agency.
 
22      (e)  The Comptroller may transfer funds from the repair and
 
23 maintenance special fund account to agencies which implement
 

 
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 1 their own repair and maintenance program.
 
 2      SECTION 3.  Section 36-27, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "§36-27 Transfers from special funds for central service
 
 5 expenses.  Except as provided in this section, and
 
 6 notwithstanding any other law to the contrary, from time to time
 
 7 the director of finance, for the purpose of defraying the
 
 8 prorated estimate of central service expenses of government in
 
 9 relation to all special funds, except the:
 
10      (1)  Special summer school and intersession fund under
 
11           section 302A-1310;
 
12      (2)  School cafeteria special funds of the department of
 
13           education;
 
14      (3)  Special funds of the University of Hawaii;
 
15      (4)  State educational facilities improvement special fund;
 
16      (5)  Convention center capital and operations special fund
 
17           under section 206X-10.5 [and the convention center
 
18           operations special fund under section 206X-10.6];
 
19      (6)  Special funds established by section 206E-6;
 
20      (7)  Housing loan program revenue bond special fund;
 
21      (8)  Housing project bond special fund;
 
22      (9)  Aloha Tower fund created by section 206J-17;
 
23     (10)  Domestic violence prevention special fund under section
 

 
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 1           321-1.3;
 
 2     (11)  Spouse and child abuse special account under section
 
 3           346-7.5;
 
 4     (12)  Spouse and child abuse special account under section
 
 5           601-3.6;
 
 6     (13)  Funds of the employees' retirement system created by
 
 7           section 88-109;
 
 8     (14)  Unemployment compensation fund established under
 
 9           section 383-121;
 
10     (15)  Hawaii hurricane relief fund established under chapter
 
11           431P;
 
12     (16)  Hawaii health systems corporation special funds;
 
13     (17)  Boiler and elevator safety revolving fund established
 
14           under section 397-5.5;
 
15     (18)  Tourism special fund established under section 201B-11;
 
16           [and]
 
17     (19)  Department of commerce and consumer affairs' special
 
18           funds; and
 
19     (20)  Repairs and maintenance special fund established under
 
20           section 103-  ;
 
21      shall deduct five per cent of all receipts of all special
 
22      funds, which deduction shall be transferred to the general
 
23      fund of the State and become general realizations of the
 

 
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 1      State.  All officers of the State and other persons having
 
 2      power to allocate or disburse any special funds shall
 
 3      cooperate with the director in effecting these transfers.
 
 4      To determine the proper revenue base upon which the central
 
 5      service assessment is to be calculated, the director shall
 
 6      adopt rules pursuant to chapter 91 for the purpose of
 
 7      suspending or limiting the application of the central
 
 8      service assessment of any fund.  No later than twenty days
 
 9      prior to the convening of each regular session of the
 
10      legislature, the director shall report all central service
 
11      assessments made during the preceding fiscal years."
 
12      SECTION 4.  Section 36-30, Hawaii Revised Statutes, is
 
13 Amended by amending subsection (a) to read as follows:
 
14      "(a) Each special fund, except the:
 
15      (1)  Transportation use special fund established by section
 
16           261D-1;
 
17      (2)  Special summer school and intersession fund under
 
18           section 302A-1310;
 
19      (3)  School cafeteria special funds of the department of
 
20           education;
 
21      (4)  Special funds of the University of Hawaii;
 
22      (5)  State educational facilities improvement special fund;
 
23      (6)  Special funds established by section 206E-6;
 

 
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 1      (7)  Aloha Tower fund created by section 206J-17;
 
 2      (8)  Domestic violence prevention special fund under section
 
 3           321-1.3;
 
 4      (9)  Spouse and child abuse special account under section
 
 5           346-7.5;
 
 6     (10)  Spouse and child abuse special account under section
 
 7           601-3.6;
 
 8     (11)  Funds of the employees' retirement system created by
 
 9           section 88-109;
 
10     (12)  Unemployment compensation fund established under
 
11           section 383-121;
 
12     (13)  Hawaii hurricane relief fund established under chapter
 
13           431P;
 
14     (14)  Convention center capital and operations special fund
 
15           established under section 206X-10.5 [and the convention
 
16           center operations special fund established under
 
17           section 206X-10.6];
 
18     (15)  Hawaii health systems corporation special funds; [and]
 
19     (16)  Tourism special fund established under section 201B-1;
 
20           and
 
21     (17)  Repairs and maintenance special fund established under
 
22           section 103-  ;
 
23      shall be responsible for its pro rata share of the
 

 
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 1      administrative expenses incurred by the department
 
 2      responsible for the operations supported by the special fund
 
 3      concerned."
 
 4           SECTION 5.  Statutory material to be repealed is
 
 5           bracketed.  New statutory material is underscored.
 
 6      SECTION 6.  This Act shall take effect July 1, 2001,
 
 7 provided that the provisions of this Act shall only be applied to
 
 8 appropriations made after June 30, 2001.
 
 9 
 
10                           INTRODUCED BY:_________________________
 

 
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