THE SENATE

S.B. NO.

33

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to special funds.

 

 

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

 

     SECTION 1.  Chapter 190, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§190-    Special marine life conservation education fund.  There is created in the department of land and natural resources a special fund to be designated as the special marine life conservation education fund.  All fees, fines, and administrative charges imposed or assessed and collected according to this chapter and the rules adopted pursuant to this chapter shall be deposited into the special marine life conservation education fund and shall be used solely for the purposes of public education and outreach regarding:

     (1)  The existence of marine life conservation areas;

     (2)  Activities prohibited by this chapter;

     (3)  Rules adopted pursuant to this chapter;

     (4)  The availability of and criteria for permits issued pursuant to this chapter; and

     (5)  Penalties for violation of this chapter and the rules adopted pursuant to this chapter.

All interest earned or accrued on moneys deposited in the fund shall become a part of the fund."

     SECTION 2.  Section 171-19, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is created in the department a special fund to be designated as the "special land and development fund".  Subject to the Hawaiian Homes Commission Act of 1920, as amended, and section 5(f) of the Admission Act of 1959, all proceeds of sale of public lands, including interest on deferred payments; all moneys collected under section 171-58 for mineral and water rights; all rents from leases, licenses, and permits derived from public lands; all moneys collected from lessees of public lands within industrial parks; all fees, fines, and other administrative charges collected under this chapter and chapter 183C; a portion of the highway fuel tax collected under chapter 243; all moneys collected by the department for the commercial use of public trails and trail accesses under the jurisdiction of the department; transient accommodations tax revenues collected pursuant to section 237D-6.5(b)(2); and private contributions for the management, maintenance, and development of trails and accesses shall be set apart in the fund and shall be used only as authorized by the legislature for the following purposes:

     (1)  [To reimburse] Reimbursement of the general fund of the State for advances [made] that are required to be reimbursed from the proceeds derived from sales, leases, licenses, or permits of public lands;

     (2)  [For the planning,] Planning, development, management, operations, or maintenance of all lands and improvements under the control and management of the board, including but not limited to employment of permanent or temporary staff [positions] who may be appointed without regard to chapter 76;

     (3)  [To repurchase any] Repurchase of land, including improvements, in the exercise by the board of any right of repurchase specifically reserved in any patent, deed, lease, or other documents or as otherwise provided by law;

     (4)  [For the payment] Payment of [all] appraisal fees; provided that [all fees reimbursed] reimbursements of appraisal fees paid to the board shall be deposited in the fund;

     (5)  [For the payment] Payment of publication notices as required under this chapter; provided that all or a portion of [the] publication expenditures may be charged to the purchaser or lessee of the relevant public lands or any interest therein [under] according to rules adopted by the board;

     (6)  [For the management,] Management, maintenance, and development of trails and trail accesses under the jurisdiction of the department;

     (7)  [For the payment] Payment to private land developers who have contracted with the board for development of public lands under section 171-60;

     (8)  [For the payment] Payment of debt service on revenue bonds issued by the department, and [the] establishment of debt service and other reserves deemed necessary by the board;

     (9)  [To reimburse] Reimbursement of the general fund for debt service on general obligation bonds issued to finance departmental projects, where the bonds are designated to be reimbursed from the special land and development fund;

    (10)  [For the protection,] Protection, planning, management, and regulation of water resources under chapter 174C;

    (11)  [For invasive] Invasive species control and mitigation activities by the invasive species council under chapter 194;

    (12)  [To promote] Promotion of reforestation and sediment run-off mitigation; [and]

    (13)  Public education about the purposes of this chapter and conservation and preservation activities conducted pursuant to this chapter; and

   [(13)] (14)  [For other purposes of] Any other purpose authorized by this chapter."

     SECTION 3.  Section 190-5, Hawaii Revised Statutes, is amended to read as follows:

     "§190-5  Penalty.  (a)  Any person [violating] who violates this chapter, any rule adopted pursuant [thereto,] to this chapter, or the terms and conditions of any permit issued under section 190-4[,] shall be guilty of a petty misdemeanor and [punished as provided in subsections (b) and (c).

     (b)  The punishment, in addition to any other penalties, shall be a fine of not less than:] shall be subject to the following fines, in addition to any other penalty imposed by law:

     (1)  $250 for a first offense;

     (2)  $500 for a second offense; and

     (3)  $1,000 for a third or subsequent offense.

     [(c)] (b)  The fines specified in this section shall not be suspended or waived.

     (c)  Moneys from fines collected under this section shall be deposited in the special marine life conservation education fund established pursuant to section 190-  ."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2011; provided that the amendments made to section 171-19(a), Hawaii Revised Statutes, shall not be repealed when that section is repealed and reenacted on June 30, 2013, pursuant to section 5 of Act 209, Session Laws of Hawaii 2010.

 

INTRODUCED BY:

_____________________________

 

 

 

 

Report Title:

Conservation and Resources; Special Funds

 

Description:

Establishes special marine life conservation education fund for the purpose of funding public education and outreach regarding marine life conservation; clarifies that the special land and development fund may be used to fund public education regarding conservation activities; specifies that fines and fees collected for violations of marine life conservation provisions shall be deposited into the marine life conservation education fund.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.