HOUSE OF REPRESENTATIVES	H.B. NO.	2465
TWENTY-EIGHTH LEGISLATURE, 2016		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO NON-GENERAL FUNDS.

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

PART I

     SECTION 1.  The purpose of this Act is to repeal, abolish, or amend various non-general funds pursuant to the recommendations made by the auditor in auditor's report no. 15‑19.

PART II

     SECTION 2.  The purpose of this part is to repeal the child care licensing and registration special fund.

     The legislature finds that the fund no longer serves the purpose for which it was created.

     SECTION 3.  Section 346-159, Hawaii Revised Statutes, is repealed.

     ["[§346-159]  Child care licensing and registration special fund.  (a)  There is established within the state treasury, to be administered by the department, the child care licensing and registration special fund into which shall be deposited:

(1) All fees received from applicants for a license to operate group child care homes or group child care centers as provided in section 346-163 and from applicants for a certificate of registration for family child care homes as provided in section 346-173;

(2) Appropriations made by the legislature to the fund; and

(3) Any other revenues designated for the fund.

(b)  Moneys in the child care licensing and registration special fund shall be used for the following purposes:

(1) The costs of administering child care licensing and registration;

(2) Furthering the provision of quality child care services; and

(3) Any other purpose deemed necessary by the department to ensure the health and safety of children.

(c)  All interest on special fund balances shall accrue to the credit of the special fund.  Upon dissolution of the child care licensing and registration special fund, any unencumbered moneys in the fund shall lapse to the credit of the general fund."]

     SECTION 4.  On July 1, 2016, all unencumbered balances remaining in the child care licensing and registration special fund repealed by section 3 of this Act shall lapse to the credit of the general fund.

PART III

     SECTION 5.  The purpose of this part is to repeal the housing first special fund.

     The legislature finds that the fund does not meet the self-sustaining criterion because it relies on general fund appropriations.  Thus, the fund should be repealed.

     SECTION 6.  Section 346-378, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The department of human services, in consultation with the United States Department of Housing and Urban Development, as necessary, shall implement housing first programs and services, as the department deems appropriate for clientele who would most likely benefit from and succeed with the implementation of housing first programs and services, and subject to the availability of existing funds [or housing first special fund moneys]."

SECTION 7.  Section 346-377, Hawaii Revised Statutes, is repealed.

     ["[§346-377]  Housing first special fund.  (a)  There is established in the state treasury the housing first special fund, into which shall be deposited:

(1) Appropriations by the legislature to the special fund; and

(2) Gifts, donations, and grants from public agencies and private persons.

Each county may provide matching funds, which shall also be deposited into the housing first special fund.

(b)  Moneys in the housing first special fund shall be administered and expended by the department of human services and shall be used to provide housing first programs and services."]

     SECTION 8.  On July 1, 2016, all unencumbered balances remaining in the housing first special fund repealed by section 7 of this Act shall lapse to the credit of the general fund.

PART IV

SECTION 9.  The purpose of this part is to amend the revenue sources of the spouse and child abuse special account.

     The legislature finds that the account does not meet the clear nexus criterion.  Specifically, there is no clear link between the benefits of spouse and child abuse intervention and prevention programs supported by the fund and revenues derived from a portion of fees for copies of birth, marriage, divorce, and death certificates, and marriage licenses issued by the department of health, pursuant to sections 338-14.5 and 572-5, Hawaii Revised Statutes.

     SECTION 10.  Section 338-14, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  The department shall keep an account of all fees collected and shall deposit them to the general fund of the State except as provided in sections 321-1.3, 338-14.5, 338‑14.6, [346-7.5,] and 601-3.6."

     SECTION 11.  Section 338-14.5, Hawaii Revised Statutes, is amended to read as follows:

     "§338-14.5  Copies of certificate; fees.  The fees for certified copies of birth, marriage, divorce, or death certificates issued by the department of health shall consist of $10 for the first copy issued and $4 for each copy issued thereafter.  These fees shall be collected for each single request for certified copies.  All fees received for the issuance of certified copies of birth, marriage, divorce, or death certificates shall be remitted to the director of health.  Upon the receipt of remittances under this section, the director of health shall deposit:

    [(1) $1 for each certified copy to the credit of the spouse and child abuse special account established under section 346-7.5;

(2)] (1)  $1 for each certified copy to the credit of the spouse and child abuse special account established under section 601-3.6;

    [(3)]      (2)  $1 for each certified copy to the credit of the domestic violence and sexual assault special fund established under section 321-1.3;

    [(4)]      (3)  $1 for each certified copy to the credit of the vital statistics improvement special fund established under section 338-14.6; and

    [(5)]      (4)  The remainder of the fee for each certified copy to the credit of the state general fund."

     SECTION 12.  Section 346-7.5, Hawaii Revised Statutes, is amending by amending subsection (c) as follows:

     "(c)  The account shall consist of [fees remitted pursuant to sections 338-14.5 and 572-5,] income tax remittances allocated under section 235-102.5, interest and investment earnings, grants, donations, and contributions from private or public sources.  All realizations of the account shall be subject to the conditions specified in subsection (b)."

     SECTION 13.  Section 572-5, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(a)  The department of health shall appoint, and at its pleasure remove, one or more suitable persons as agents authorized to grant marriage licenses under this chapter in each judicial circuit.  The agents may issue licenses from any state facility when deemed necessary by the director.  Any agent appointed under this subsection and receiving an application for a marriage license shall collect from the applicant for the license $60, of which the agent, except those provided for in subsection (b), shall retain $9 for the agent's benefit and compensation and shall remit $51 to the director of health.  Upon the receipt of remittances under this subsection, the director of health shall deposit:

     (1)  [$32] $36.50 for each license issued to the credit of the general fund of the State;

    [(2) $4.50 for each license issued to the credit of the spouse and child abuse special account established under section 346-7.5;

(3)] (2)  $4.50 for each license issued to the credit of the spouse and child abuse special account established under section 601-3.6; and

    [(4)] (3)  $10 for each license issued to the credit of the birth defects special fund established under section 321-426.

     (b)  The department may appoint, as regular employees under the civil service and classification laws, the number of suitable persons as agents authorized to grant marriage licenses for whom provision has been made in the general appropriation act.  In the case of these agents, the full amount collected from applicants shall be remitted to the director of health.  Upon the receipt of remittances under this subsection, the director of health shall deposit:

     (1)  [$41] $45.50 for each license issued to the credit of the general fund of the State;

    [(2) $4.50 for each license issued to the credit of the spouse and child abuse special account established under section 346-7.5;

(3)] (2)  $4.50 for each license issued to the credit of the spouse and child abuse special account established under section 601-3.6; and

    [(4)] (3)  $10 for each license issued to the credit of the birth defects special fund established under section 321-426."

PART V

     SECTION 14.  The purpose of this part is to repeal the housing project bond special funds.

     The legislature finds that the funds do not serve the purposes for which they were created.

     SECTION 15.  Section 356D-23, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  The trustee shall also be authorized by the authority [to hold and administer any housing project bond special funds established pursuant to section 356D-28, and] to receive and receipt for, hold, and administer the revenues derived by the authority from any public housing project or projects for which the bonds are issued or the projects pledged to the payment of the bonds, and to apply the revenues to the payment of the cost of administering, operating, and maintaining the public housing project or projects, to pay the principal of and the interest on the bonds, to the establishment of reserves, and to other purposes as may be authorized in the proceedings providing for the issuance of the bonds."

     SECTION 16.  Section 356D-28, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§356D-28[]]  Public housing revolving fund[; housing project bond special funds].  (a)  There is established the public housing revolving fund to be administered by the authority.  Notwithstanding section 36-21, the proceeds in the fund shall be used for long-term and other special financings of the authority and for necessary expenses in administering this chapter.

     (b)  All moneys received and collected by the authority, not otherwise pledged, obligated, or required by law to be placed in any other special fund, shall be deposited into the public housing revolving fund.

     [(c)  A separate special fund shall be established for each public housing project or projects financed from the proceeds of bonds secured under the trust indenture.  Each fund shall be designated "housing project bond special fund" and shall bear any additional designation as the authority deems appropriate to properly identify the fund.

(d)  Notwithstanding any other law to the contrary, all revenues, income, and receipts derived from a public housing project or projects financed from the proceeds of bonds or pledged to the payment of principal of and interest and premium on bonds, shall be paid into the housing project bond special fund established for the public housing project or projects and applied as provided in the proceedings authorizing the issuance of bonds.]"

     SECTION 17.  On July 1, 2016, all unencumbered balances remaining in the housing project bond special funds repealed by section 16 of this Act shall lapse to the credit of the general fund.

PART VI

     SECTION 18.  The temporary deposits - payroll overpayment housing and community development corporation of Hawaii trust fund, administratively created in 2006, is reclassified as a trust account.

PART VII

     SECTION 19.  The following funds and accounts are abolished:

     (1)  The blueprint for change program special fund administratively established in 2010;

     (2)  The costs related to homeless assistance special fund administratively established in 2003;

     (3)  The Hale Mahaolu special fund administratively created in 2010;

     (4)  The Hawai‘i immigrant health initiative program special fund administratively created in 2010;

     (5)  The outreach services special fund administratively created in 2010;

     (6)  The outreach services to located uninsured children special fund administratively created in 2010;

     (7)  The outstationed eligibility worker services special fund administratively created in 2010;

     (8)  The shelter plus care program special fund administratively created in 2010; and

     (9)  The support domestic violence shelters statewide special fund administratively established in 2010; and

    (10)  The financial assistance for housing special fund administratively established in 2001;

and any remaining unencumbered balances shall be transferred to the emergency and budget reserve fund established pursuant to section 328L-3, Hawaii Revised Statutes.

PART VIII

     SECTION 20.  The following funds and accounts are abolished:

     (1)  The blind shop revolving and handicraft fund established by section 347-12, Hawaii Revised Statutes, which has been repealed by Act 147, Session Laws of Hawaii 2015; 

     (2)  The department of human services homeless trust fund created in 2006;

     (3)  The Geist foundation trust account created 1997;

     (4)  Kahikolu ‘Ohana O Wai‘anae project trust fund created in 2007; and

     (5)  The recruitment of foster parents trust account created in 1987;

and any remaining unencumbered balances shall be transferred to the general fund.

PART IX

     SECTION 21.  There is appropriated out of the general revenues of the State of Hawaii the sum of $         or so much thereof as may be necessary for fiscal year 2016-2017 for the purposes of this Act.

     The sum appropriated shall be expended by the department of human services.

SECTION 22.  There is appropriated out of the general revenues of the State of Hawaii the sum of $         or so much thereof as may be necessary for fiscal year 2016-2017 for the purposes of this Act.

     The sum appropriated shall be expended by the Hawaii public housing authority.

PART X

     SECTION 23.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 24.  This Act shall take effect on July 1, 2016.

Report Title:

Non-General Funds; Repeal; Transfer of Balances; Appropriation

Description:

Repeals and transfers the unencumbered balances of or amends various non-general funds and accounts recommended by the Auditor in Auditor's Report no. 15-19.  Amends the revenue sources of the Spouse and Child Abuse Special Account.  Appropriates funds.  (HB2465 HD1)

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