SB1612 SD1.DOC

PART I.

TRANSPORTATION ENERGY INFRASTRUCTURE

SECTION 1. Chapter 248, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§248‑ Land transportation modernization special fund. (a) There is established in the state treasury the land transportation modernization special fund, that excludes the taxes and fees collected on any island with a total resident population of less than 20,000 persons, to be administered by the department of transportation, into which shall be deposited:

(1) A portion of the tax collected under section 2(a) of S.B. No. 1611 (2009), equal to 10 cents per gallon of liquid fuel;

(2) A portion of the state registration fee collected under section 3 of S.B. No. 1611 (2009), equal to $20 for each annual motor vehicle registration fee collected;

(3) A portion of the annual state vehicle weight tax collected under section 4 of S.B. No. 1611 (2009), equal to 2 cents a pound for vehicles up to and including ten thousand pounds net weight, and a rate of $300 per vehicle for vehicles over ten thousand pounds net weight;

(4) Interest from investment of deposits; and

(5) Legislative and county appropriations.

(b) Moneys in the land transportation modernization special fund shall be used for the purposes of Act , Session Laws of Hawaii 2009, and shall be authorized for expenditure by the department of transportation for payment of revenue bond debt service, including principal and interest.

(c) The land transportation modernization special fund shall be exempt from the requirements of section 36-27 transfers from special funds for central service expenses, and section 36‑30 special fund reimbursements for departmental administrative expenses."

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:

(1) Special out-of-school time instructional program fund under section 302A-1310;

(2) School cafeteria special funds of the department of education;

(3) Special funds of the University of Hawaii;

(4) State educational facilities improvement special fund;

(5) Convention center enterprise special fund under section 201B-8;

(6) Special funds established by section 206E-6;

(7) Housing loan program revenue bond special fund;

(8) Housing project bond special fund;

(9) Aloha Tower fund created by section 206J-17;

(10) Funds of the employees' retirement system created by section 88-109;

(11) Unemployment compensation fund established under section 383-121;

(12) Hawaii hurricane relief fund established under chapter 431P;

(13) Hawaii health systems corporation special funds and the subaccounts of its regional system boards;

(14) Tourism special fund established under section 201B‑11;

(15) Universal service fund established under chapter 269;

(16) Emergency and budget reserve fund under section 328L‑3;

(17) Public schools special fees and charges fund under section 302A-1130(f);

(18) Sport fish special fund under section 187A-9.5;

(19) Neurotrauma special fund under section 321H-4;

(20) Deposit beverage container deposit special fund under section 342G-104;

(21) Glass advance disposal fee special fund established by section 342G-82;

(22) Center for nursing special fund under section 304A‑2163;

(23) Passenger facility charge special fund established by section 261-5.5;

(24) Solicitation of funds for charitable purposes special fund established by section 467B-15;

(25) Land conservation fund established by section 173A-5;

(26) Court interpreting services revolving fund under section 607-1.5;

(27) Trauma system special fund under section 321-22.5;

(28) Hawaii cancer research special fund;

(29) Community health centers special fund;

(30) Emergency medical services special fund; [~~and~~]

(31) Rental motor vehicle customer facility charge special fund established under section 261-5.6; and

(32) Land transportation modernization special fund established under section 248- ;

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 out-of-school time instructional program 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) Funds of the employees' retirement system created by section 88-109;

(9) Unemployment compensation fund established under section 383-121;

(10) Hawaii hurricane relief fund established under chapter 431P;

(11) Convention center enterprise special fund established under section 201B-8;

(12) Hawaii health systems corporation special funds and the subaccounts of its regional system boards;

(13) Tourism special fund established under section 201B‑11;

(14) Universal service fund established under chapter 269;

(15) Emergency and budget reserve fund under section 328L‑3;

(16) Public schools special fees and charges fund under section 302A-1130(f);

(17) Sport fish special fund under section 187A-9.5;

(18) Neurotrauma special fund under section 321H-4;

(19) Center for nursing special fund under section 304A‑2163;

(20) Passenger facility charge special fund established by section 261-5.5;

(21) Court interpreting services revolving fund under section 607-1.5;

(22) Trauma system special fund under section 321-22.5;

(23) Hawaii cancer research special fund;

(24) Community health centers special fund;

(25) Emergency medical services special fund; [~~and~~]

(26) Rental motor vehicle customer facility charge special fund established under section 261-5.6[,]; and

(27) Land transportation modernization special fund established under section 248- ,

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."

The increase in taxes and fees under this Act shall not take effect until the state economy has improved with a resultant one per cent growth in Hawaii's statewide non agricultural wage and salary job growth for two consecutive quarters as compared with the same quarters in the previous year as published by the department of business, economic development, and tourism."

SECTION 4. The increases in sections 1 of this Act shall be effective six months following receipt of moneys by the State and deposited into the state general fund pursuant to the federal American Recovery and Reinvestment Act of 2009.

SECTION 5. If, however, the tax and fee increases under this Act are not triggered by the third year following the effective date of this Act, the department of transportation shall return to current operational and priority status, scaling back its efforts to match and appropriately manage available resources.

SECTION 6. In codifying the new sections added by this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 7. In codifying the new section contained in section 1 of this Act, the revisor of statutes shall insert the act number of S.B. No. 1611 for the references to S.B. No. 1611(2009) contained in that section.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon approval.

THE SENATE	S.B. NO.	1612
TWENTY-FIFTH LEGISLATURE, 2009		S.D. 1
STATE OF HAWAII