Report Title:

Mass Transit; Mass Transit Special Fund

Description:

Establishes a mass transit special fund that is funded by the general excise tax on gasoline to assist the counties with mass transit issues.

HOUSE OF REPRESENTATIVES

H.B. NO.

1902

TWENTY-THIRD LEGISLATURE, 2006

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to transportatiOn.

 

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

SECTION 1. Chapter 264, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§264- Mass transit special fund. (a) There is established within the treasury of the State a special fund to be known as the mass transit special fund.

(b) The funds collected under section 237-31(3) and any appropriation made by the legislature shall be deposited into the special fund.

(c) The fund shall be managed by the department of transportation, which shall make expenditures from the fund for the following purposes:

(1) Providing grants-in-aid to the counties to implement or improve an existing mass transit system, including purchasing buses and subsidizing bus fares; provided that any fare subsidy shall be on a sliding scale to assist needy residents; provided further that all grants-in-aid shall be made by legislative appropriation; and

(2) Expanding and improving the state van pool system.

(d) Notwithstanding any other law to the contrary, no moneys from the special fund may be expended for any purposes contrary to this section unless otherwise approved by the legislature.

(e) The department of transportation may adopt rules under chapter 91 to effectuate this section."

SECTION 2. Section 237-31, Hawaii Revised Statutes, is amended to read as follows:

"§237-31 Remittances. All remittances of taxes imposed by this chapter shall be made by money, bank draft, check, cashier's check, money order, or certificate of deposit to the office of the department of taxation to which the return was transmitted. The department shall issue its receipts therefor to the taxpayer and shall pay the moneys into the state treasury as a state realization, to be kept and accounted for as provided by law; provided that:

(1) The sum from all general excise tax revenues realized by the State that represents the difference between $45,000,000 and the proceeds from the sale of any general obligation bonds authorized for that fiscal year for the purposes of the state educational facilities improvement special fund shall be deposited in the state treasury in each fiscal year to the credit of the state educational facilities improvement special fund;

(2) A sum, not to exceed $5,000,000, from all general excise tax revenues realized by the State shall be deposited in the state treasury in each fiscal year to the credit of the compound interest bond reserve fund; and

(3) [A sum, not to exceed the amount necessary to meet the obligations of the integrated tax information management systems performance-based contract may be retained and deposited in the state treasury to the credit of the integrated tax information management systems special fund. The sum retained by the director of taxation for deposit to the integrated tax information management systems special fund for each fiscal year shall be limited to amounts appropriated by the legislature. This paragraph shall be repealed on July 1, 2005.] The sum from all general excise tax revenues collected for motor vehicle gasoline shall be deposited each fiscal year into the state treasury to the credit of the mass transit special fund under section 264-   ; provided that the following sums shall be transferred to the mass transit special fund on the following dates:

(A) January 1, 2007–-ten per cent of the revenues collected;

(B) January 1, 2008–-twenty per cent of the revenues collected;

(C) January 1, 2009–-thirty per cent of the revenues collected;

(D) January 1, 2010–-forty per cent of the revenues collected; and

(E) January 1, 2011–-fifty per cent of the revenues collected.

The department may adopt rules pursuant to chapter 91 to effectuate this paragraph. This paragraph shall be repealed on December 31, 2011."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval and shall be repealed on December 31, 2011; provided that section 237-31, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day before the approval of this Act.

INTRODUCED BY:

_____________________________