Reduces guarantine user fees. Waives repayment to general fund of revenues used to establish the animal quarantine special fund. Exempts animal quarantine special fund from special fund assessments. (SB204 HD1)

A BILL FOR AN ACT

SECTION 1. The legislature declares that keeping Hawaii rabies-free is a public health and safety concern, and that the cost of animal quarantine should be borne by all the people of Hawaii and not only those people who are required to use the services and facilities of the animal quarantine station. The legislature also recognizes the hardships that animal quarantine user fees place on military personnel and others when being transferred to Hawaii.

The purpose of this Act is to reduce quarantine user fees, waive repayment to the general fund of revenues used to establish the animal quarantine special fund, and exempt the animal quarantine special fund from special fund assessment.

SECTION 2. Section 36-27, Hawaii Revised Statutes, is amended to read as follows:

"§36-27 Transfers from special funds for central service expenses. Except as provided in this section, and notwithstanding any other law to the contrary, from time to time, the director of finance, for the purpose of defraying the prorated estimate of central service expenses of government in relation to all special funds, except the:

shall deduct five per cent of all receipts of all other special funds, which deduction shall be transferred to the general fund of the State and become general realizations of the State. All officers of the State and other persons having power to allocate or disburse any special funds shall cooperate with the director in effecting these transfers. To determine the proper revenue base upon which the central service assessment is to be calculated, the director shall adopt rules pursuant to chapter 91 for the purpose of suspending or limiting the application of the central service assessment of any fund. No later than twenty days prior to the convening of each regular session of the legislature, the director shall report all central service assessments made during the preceding fiscal year."

SECTION 3. Section 36-30, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Each special fund, except the:

1. Transportation use special fund established by section 261D-1;
2. Special summer school and intersession fund under section 302A-1310;
3. School cafeteria special funds of the department of education;
4. Special funds of the University of Hawaii;
5. State educational facilities improvement special fund;
6. Special funds established by section 206E-6;
7. Aloha Tower fund created by section 206J-17;
8. Domestic violence prevention special fund under section 321-1.3;
9. Spouse and child abuse special account under section 346-7.5;
10. Spouse and child abuse special account under section 601-3.6;
11. Funds of the employees' retirement system created by section 88-109;
12. Unemployment compensation fund established under section 383-121;
13. Hawaii hurricane relief fund established under chapter 431P;
14. Convention center capital and operations special fund established under section 206X-10.5;
15. Hawaii health systems corporation special funds;
16. Tourism special fund established under section 201B-11;
17. Compliance resolution fund established under section 26-9;
18. Universal service fund established under chapter 269;
19. Integrated tax information management systems special fund;
20. Insurance regulation fund under section 431:2-215;
21. Hawaii tobacco settlement special fund under section 328L-2;
22. Emergency and budget reserve fund under section 328L-3;
23. Probation services special fund under section 706-649; [and]
24. High technology special fund under section 206M-15.5; and

shall be responsible for its pro rata share of the administrative expenses incurred by the department responsible for the operations supported by the special fund concerned."

SECTION 4. Notwithstanding any other provision of law, any sum, up to $100,000, for fiscal year beginning July 1, 2001 and ending June 30, 2002, appropriated out of the general fund to establish the animal quarantine special fund in fiscal year 1998-1999, shall remain in the animal quarantine special fund and the department of agriculture shall not return those funds to the general fund; provided that any amount already repaid to the general fund as of the effective date of this Act shall remain in the general fund.

SECTION 5. There shall be a animal quarantine fee reduction from the total amount billed by the State according to chapter 4-29, Hawaii administrative rules, for each dog and cat entering quarantine from July 1, 2001 until June 30, 2002, and completing thirty-day or one hundred and twenty-day quarantine. The fee reduction shall be $80 for dogs and cats belonging to civilians and active duty military grades E-7 to O-3, and $140 for active duty military grades E-1 to E-6. There shall be no fee reduction under any circumstances for animals that are:

1. Owned by active duty military officers above grade O-3;
2. Assigned an entry date after the lapse date of the reduction;
3. In transit to another destination;
4. Born during the quarantine period;
5. In the process of qualifying for thirty-day quarantine but unable to enter quarantine during the reduction period; or
6. Pending entry for thirty-day or one hundred and twenty-day quarantine after the lapse date.

Upon lapse of the fee reduction period, fees shall be set at the level designated in section 4-29-17(a) and (b), Hawaii administrative rules.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2001; provided that amendments made to section 36-27, Hawaii Revised Statutes, by this Act shall not be repealed when that section is reenacted on July 31, 2003, pursuant to section 9 of Act 142, Session Laws of Hawaii 1998.