Report Title:

Highway Development Special Fund

Description:

Prevents any monies in the highway development special fund from lapsing or being transferred to the general fund. (SD1)

THE SENATE

S.B. NO.

851

TWENTY-THIRD LEGISLATURE, 2005

S.D. 1

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

RELATING TO THE HIGHWAY DEVELOPMENT SPECIAL FUND.

 

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

SECTION 1. The legislature finds that Hawaii has an aging highway infrastructure, which must be maintained to prevent expensive rehabilitation and reconstruction projects. The legislature also finds that there is a greater need to preserve and protect the highway development special fund, as additional federal funds may not be available to meet Hawaii's increasing highway maintenance costs. This Act preserves funding to maintain Hawaii's two thousand four hundred lane miles of roadway.

The purpose of this Act is to safeguard the highway development special fund by prohibiting the transfer of such funds to the general fund.

SECTION 2. Section 264-122, Hawaii Revised Statutes, is amended to read as follows:

"[[]§264-122[]] Highway development special fund. (a) There is established in the state treasury the highway development special fund to be administered by the department, into which shall be deposited:

(1) Transfers of county impact fees assessed under part VIII of chapter 46 and this part to pay for state highway improvements;

(2) Interest from investment of deposits; and

(3) Legislative and county appropriations.

(b) Moneys in the highway development special fund shall be used for the following purposes:

(1) Capital costs of qualifying proposed state highway improvements;

(2) Reevaluation of the need, geographic limitations, amount, and use of impact fees;

(3) Transfers to reimburse other special funds for expenditures which otherwise might have been funded with moneys in the highway development special fund;

(4) Transfers under sections 36-27 and 36-30;

(5) Refunds under section 264-125; and

(6) The department’s costs to implement this part, including but not limited to costs to administer the highway development special fund.

(c) The department may establish accounts in the highway development special fund as necessary to implement this part and rules adopted by the department.

(d) Notwithstanding an other provision of law, no moneys deposited into the highway development special fund shall lapse or be transferred to the general fund."

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.