HOUSE OF REPRESENTATIVES	H.B. NO.	1387
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

A BILL FOR AN ACT

relating to conservation and resources.

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

     SECTION 1.  Chapter 468M, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§468M-   Cost of activity surcharge. (a)  There shall be levied, assessed, and collected on all sales of activities by an activity desk, a cost of activity surcharge.  The surcharge shall be equal to five per cent of the gross proceeds or gross income received by the activity desk.

(b)  Proceeds collected under this section shall be remitted quarterly with the director of finance and deposited to the credit of the conservation and resource enforcement special fund established under section 199-1.5."

     SECTION 2.  Section 199-1.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The following shall be deposited into the conservation and resources enforcement special fund:

     (1)  Grants, awards, donations, gifts, transfers, or moneys derived from public or private sources for the purposes of enforcing the provisions of title 12; chapters 6D, 6E, and 6K; or any rule adopted thereunder;

     (2)  Fees, reimbursements, administrative charges, and penalties collected for activities related to the enforcement of natural, cultural, and historic resources protection laws and rules, except as otherwise provided by law that provides for deposits into other special funds administered by the department;

(3) Proceeds of the cost of activity surcharge established in section 468M-   ;

    [(3)] (4)  Moneys derived from interest, dividends, or other income from the above-mentioned sources; and

    [(4)] (5)  Appropriations by the legislature to the special fund."

     SECTION 3.  Section 468M-9, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  This section shall not prevent the withdrawal from the trust account of:

     (1)  The amount of the sales commission, up to a maximum of fifteen per cent;

(2) The amount of the cost of activity surcharge;

    [(2)] (3)  Any interest earned and credited to the trust account;

    [(3)] (4)  Refunds; or

    [(4)] (5)  Remaining funds of a consumer once the activity provider has been paid."

     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  Statutory material to be repealed is bracketed and stricken.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, 2015.

INTRODUCED BY:

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Report Title:

Activity Desks; Cost of Activity Surcharge; Conservation and Resources Enforcement Special Fund

Description:

Establishes a surcharge on the sale of activities by activity desks.  Requires proceeds to be deposited into the conservation and resources enforcement special fund.

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