Report Title:
State Highway Fund; Various Amendments; Tour Vehicle Surcharge Tax
Description:
Repeals provisions authorizing transfers of revenues deemed excess out of the state highway fund; replaces the tour vehicle surcharge tax of $65 for each tour vehicle that falls into the over 25 passenger seat category, and $15 for the 8 to 25 passenger seat category, with unspecified surcharge amounts. (SB3149 SD3)
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THE SENATE |
S.B. NO. |
3149 |
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TWENTY-FOURTH LEGISLATURE, 2008 |
S.D. 3 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HIGHWAYS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Part I
SECTION 1. The purpose of this part is to prohibit the transfer of moneys out of the state highway fund for non-highway purposes.
The legislature finds that this Act is necessary to ensure that moneys in the state highway fund are expended only for state highway projects as intended. The legislature believes that the highway infrastructure needs a guaranteed source of funding. The legislature also finds that public confidence in government is lessened if moneys intended for highway projects are diverted to other uses.
This Act does not affect any provision concerning the authorized revenues of or expenditures from the county highway funds. The legislature intends to honor the principle of home rule in this respect.
SECTION 2. Section 37-53, Hawaii Revised Statutes, is amended to read as follows:
"§37-53 Transfer of special
funds. At any time during a fiscal year, notwithstanding any other law to
the contrary, any department [may,] with the approval of the governor or
the director of finance if so delegated by the governor, may transfer
from any special fund relating to such department to the general revenues of
the State all or any portion of moneys determined to be in excess of fiscal
year requirements for such special fund, except for special funds under the
control of the department of transportation relating to highways, airports,
transportation use, and harbors activities, special funds under the control of
the Hawaii health systems corporation or subaccounts under the control of its
regional system boards, and special funds of the University of Hawaii. At any
time the department of transportation, with the approval of the governor or the
director of finance if so delegated by the governor, may transfer from any
special fund, other than the state highway fund, under the control of
the department of transportation, or from any account within any such special
fund, to the general revenues of the State or to any other special fund,
including the state highway fund, under the control of the department of
transportation all or any portion of moneys determined to be in excess of
requirements for the ensuing twelve months determined as prescribed by rules
adopted pursuant to chapter 91; provided that no such transfer shall be made [which]
that would cause a violation of federal law or federal grant agreements."
SECTION 3. Section 248-9, Hawaii Revised Statutes, is amended to read as follows:
"§248-9 State highway fund. [(a)]
Moneys in the state highway fund may be expended for the following purposes:
(1) To pay the costs of operation, maintenance, and repair of the state highway system, including without limitation, the cost of equipment and general administrative overhead;
(2) To pay the costs of acquisition (including real property and interests therein), planning, designing, construction, and reconstruction of the state highway system and bikeways, including, without limitation, the cost of equipment and general administrative overhead;
(3) To reimburse the general fund for interest on and principal of general obligation bonds issued to finance state highway projects where the bonds are designated to be reimbursable out of the state highway fund; and
(4) To pay the costs of construction, maintenance, and repair of county roads; provided that none of the funds expended on a county road or program shall be federal funds when such expenditure would cause a violation of federal law or a federal grant agreement.
[(b) At any time, the director of
transportation may transfer from the state highway fund all or any portion of
available moneys determined by the director of transportation to exceed one
hundred thirty-five per cent of the requirements for the ensuing twelve months
for the state highway fund as permitted by and in accordance with section
37-53. For purposes of the determination, the director of transportation shall
take into consideration:
(1) The amount of federal funds and bond funds
on deposit in, and budgeted to be expended from, the state highway fund during
the period;
(2) Amounts on deposit in the state highway
fund that are encumbered or otherwise obligated;
(3) Budgeted amounts payable from the state
highway fund during the period;
(4) Revenues anticipated to be received by
and expenditures to be made from the state highway fund during the period based
on existing agreements and other information for the ensuing twelve months; and
(5) Any other factors as the director of transportation
shall deem appropriate.]"
Part II
SECTION 4. The purpose of this part is to generate additional sources of revenue that may be expended for the operation, maintenance, and repair of the state highway system.
SECTION 5. Section 251-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) There is levied and shall be assessed and collected each month a tour vehicle surcharge tax of:
(1) [$65] $ for each
tour vehicle used or partially used during the month that falls into the over
twenty‑five passenger seat category; and
(2) [$15] $ for each
tour vehicle used or partially used during the month that falls into the eight
to twenty-five passenger seat category.
The tour vehicle surcharge tax shall be levied upon the tour vehicle operator."
Part III
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, 2040.