| 47 | | - | PART I SECTION 1. Section 264-19, Hawaii Revised Statutes, is repealed. ["[§264-19] Transportation improvement special fund. (a) There is created within the state treasury the transportation improvement special fund to fund qualified transportation projects and to receive reimbursements from private developers who have been advanced public funds to fulfill the conditions of land use development relating to transportation. The director may expend from the special fund such sums as are necessary to advance transportation projects, including administrative expenses, to the extent permissible: (1) When such projects: (A) Have been identified in or are consistent with the statewide transportation plan adopted pursuant to chapter 279A; and (B) Satisfy all applicable federal and state eligibility requirements; or (2) When the director determines that funds previously authorized for the aforementioned projects are inadequate or any delay in the completion of such projects would unnecessarily increase their cost or intensify undesirable transportation conditions. (b) Expenditures from the special fund shall be made on vouchers approved by the director or such other officer as may be designated by the director. (c) There shall be credited to the special fund all reimbursements and any interest earned or penalty accrued on late payments thereon received from developers who have been advanced public funds to fulfill the conditions of land use development relating to transportation or other transportation requirements imposed upon such developers. (d) Expenditures from the special fund may not be made by the director without appropriation by the legislature. No expenditure shall be made from, and no obligation shall be incurred against, the special fund in excess of the amount standing to the credit of the special fund or for any purpose for which moneys from the special fund may not lawfully be expended. (e) The department of transportation shall prepare and submit an annual report to the legislature on the use of the transportation improvement special fund which shall include, but not be limited to: (1) The [special] fund balance and the expenses made from the [special] fund for the immediately preceding fiscal year; and (2) Proposed appropriations from the [special] fund for the next fiscal year. This report shall be submitted to the legislature no later than twenty days prior to the convening of each legislative session. (f) The director may adopt rules pursuant to chapter 91 necessary to effectuate the purposes of, and to administer, this section. (g) As used in this section: "Director" means the director of transportation. "Special fund" means the transportation improvement special fund."] SECTION 2. Section 266-2.3, Hawaii Revised Statutes, is repealed. ["[§266-2.3] Kewalo basin use permit; Honolulu harbor use permit; portability. (a) Notwithstanding any law to the contrary, the department of transportation shall allow, on a space available basis, a vessel with a use permit authorizing the vessel to moor in Kewalo basin to moor in Honolulu harbor at no additional cost and with no additional use permit required under the following conditions: (1) The manager of Kewalo basin prohibits entrance into Kewalo basin because of inclement weather or ocean conditions; provided that as soon as the manager of Kewalo basin opens the entrance to vessels, the vessel shall leave Honolulu harbor; (2) The owner or operator of a commercial fishing vessel desires to sell the owner's or operator's catch of fish to a business operating within Honolulu harbor or otherwise conduct business within Honolulu harbor; provided that the vessel shall not moor in Honolulu harbor for a period longer than is necessary to unload all or some of the catch of fish for sale or otherwise conduct business; and (3) The owner of the vessel is current in its payments of any moneys, rates, fees, dues, compensation, fines, or penalties assessed against the vessel that are due to the State. (b) Notwithstanding any law to the contrary, the department with jurisdiction over Kewalo basin shall allow, on a space available basis, a vessel with a use permit authorizing the vessel to moor in Honolulu harbor to moor in Kewalo basin at no additional cost and with no additional use permit required subject to the discretion of the harbor manager of Kewalo basin. (c) The director of transportation shall adopt rules pursuant to chapter 91, to implement this section."] SECTION 3. Section 266-22, Hawaii Revised Statutes, is repealed. ["§266-22 Maintenance of fire boat. The cost of operating and maintaining the fire boat shall be borne by the department of transportation. The department shall pay annually from its special fund for the operation and maintenance costs."] PART II SECTION 4. Act 1, Special Session Laws of Hawaii 2017, is amended by amending section 18 to read as follows: "SECTION 18. Notwithstanding any law, charter provision, or ordinance to the contrary, in any county with a population greater than five hundred thousand, in order to ensure the appropriate use of state authorized funds to finance a locally preferred alternative for a mass transit project, the president of the senate and speaker of the house of representatives shall each appoint two [non-voting,] voting, ex-officio members to the board of directors of the county's rapid transportation authority. The terms for each member appointed pursuant to this section shall be determined by the presiding officer who appointed them. For the purposes of this section, "county rapid transportation authority" means any entity established by a county in the State with a population greater than five hundred thousand for the purpose of constructing, operating, or maintaining a locally preferred alternative for a mass transit project and that receives moneys from a surcharge on state tax established pursuant to section 46-16.8, Hawaii Revised Statutes, transient accommodations tax revenues pursuant to section 237D-2(e), Hawaii Revised Statutes, or both." PART III SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act shall take effect on January 1, 2050. |
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| 47 | + | PART I SECTION 1. Section 264-19, Hawaii Revised Statutes, is repealed. ["[§264-19] Transportation improvement special fund. (a) There is created within the state treasury the transportation improvement special fund to fund qualified transportation projects and to receive reimbursements from private developers who have been advanced public funds to fulfill the conditions of land use development relating to transportation. The director may expend from the special fund such sums as are necessary to advance transportation projects, including administrative expenses, to the extent permissible: (1) When such projects: (A) Have been identified in or are consistent with the statewide transportation plan adopted pursuant to chapter 279A; and (B) Satisfy all applicable federal and state eligibility requirements; or (2) When the director determines that funds previously authorized for the aforementioned projects are inadequate or any delay in the completion of such projects would unnecessarily increase their cost or intensify undesirable transportation conditions. (b) Expenditures from the special fund shall be made on vouchers approved by the director or such other officer as may be designated by the director. (c) There shall be credited to the special fund all reimbursements and any interest earned or penalty accrued on late payments thereon received from developers who have been advanced public funds to fulfill the conditions of land use development relating to transportation or other transportation requirements imposed upon such developers. (d) Expenditures from the special fund may not be made by the director without appropriation by the legislature. No expenditure shall be made from, and no obligation shall be incurred against, the special fund in excess of the amount standing to the credit of the special fund or for any purpose for which moneys from the special fund may not lawfully be expended. (e) The department of transportation shall prepare and submit an annual report to the legislature on the use of the transportation improvement special fund which shall include, but not be limited to: (1) The [special] fund balance and the expenses made from the [special] fund for the immediately preceding fiscal year; and (2) Proposed appropriations from the [special] fund for the next fiscal year. This report shall be submitted to the legislature no later than twenty days prior to the convening of each legislative session. (f) The director may adopt rules pursuant to chapter 91 necessary to effectuate the purposes of, and to administer, this section. (g) As used in this section: "Director" means the director of transportation. "Special fund" means the transportation improvement special fund."] SECTION 2. Section 266-2.3, Hawaii Revised Statutes, is repealed. ["[§266-2.3] Kewalo basin use permit; Honolulu harbor use permit; portability. (a) Notwithstanding any law to the contrary, the department of transportation shall allow, on a space available basis, a vessel with a use permit authorizing the vessel to moor in Kewalo basin to moor in Honolulu harbor at no additional cost and with no additional use permit required under the following conditions: (1) The manager of Kewalo basin prohibits entrance into Kewalo basin because of inclement weather or ocean conditions; provided that as soon as the manager of Kewalo basin opens the entrance to vessels, the vessel shall leave Honolulu harbor; (2) The owner or operator of a commercial fishing vessel desires to sell the owner's or operator's catch of fish to a business operating within Honolulu harbor or otherwise conduct business within Honolulu harbor; provided that the vessel shall not moor in Honolulu harbor for a period longer than is necessary to unload all or some of the catch of fish for sale or otherwise conduct business; and (3) The owner of the vessel is current in its payments of any moneys, rates, fees, dues, compensation, fines, or penalties assessed against the vessel that are due to the State. (b) Notwithstanding any law to the contrary, the department with jurisdiction over Kewalo basin shall allow, on a space available basis, a vessel with a use permit authorizing the vessel to moor in Honolulu harbor to moor in Kewalo basin at no additional cost and with no additional use permit required subject to the discretion of the harbor manager of Kewalo basin. (c) The director of transportation shall adopt rules pursuant to chapter 91, to implement this section."] SECTION 3. Section 266-22, Hawaii Revised Statutes, is repealed. ["§266-22 Maintenance of fire boat. The cost of operating and maintaining the fire boat shall be borne by the department of transportation. The department shall pay annually from its special fund for the operation and maintenance costs."] PART II SECTION 4. Act 1, Special Session Laws of Hawaii 2017, is amended by amending section 18 to read as follows: "SECTION 18. Notwithstanding any law, charter provision, or ordinance to the contrary, in any county with a population greater than five hundred thousand, in order to ensure that appropriate use of state authorized funds to finance a locally preferred alternative for a mass transit project, the president of the senate and speak of the house of representatives shall each appoint two [non-voting,] voting, ex-officio members to the board of directors of the county's rapid transportation authority. The terms for each member appointed pursuant to this section shall be determined by the presiding officer who appointed them. For the purposes of this section, "county rapid transportation authority" means any entity established by a county in the State with a population greater than five hundred thousand for the purpose of constructing, operating, or maintaining a locally preferred alternative for a mass transit project and that receives moneys from a surcharge on state tax established pursuant to section 46-16.8, Hawaii Revised Statutes, transient accommodations tax revenues pursuant to section 237D-2(e), Hawaii Revised Statutes, or both." PART III SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act shall take effect on January 1, 2050. |
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| 48 | 48 | | |
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| 49 | 49 | | PART I |
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| 50 | 50 | | |
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| 51 | 51 | | SECTION 1. Section 264-19, Hawaii Revised Statutes, is repealed. |
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| 52 | 52 | | |
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| 53 | 53 | | ["[§264-19] Transportation improvement special fund. (a) There is created within the state treasury the transportation improvement special fund to fund qualified transportation projects and to receive reimbursements from private developers who have been advanced public funds to fulfill the conditions of land use development relating to transportation. |
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| 54 | 54 | | |
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| 55 | 55 | | The director may expend from the special fund such sums as are necessary to advance transportation projects, including administrative expenses, to the extent permissible: |
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| 56 | 56 | | |
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| 57 | 57 | | (1) When such projects: |
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| 58 | 58 | | |
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| 59 | 59 | | (A) Have been identified in or are consistent with the statewide transportation plan adopted pursuant to chapter 279A; and |
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| 60 | 60 | | |
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| 61 | 61 | | (B) Satisfy all applicable federal and state eligibility requirements; or |
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| 62 | 62 | | |
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| 63 | 63 | | (2) When the director determines that funds previously authorized for the aforementioned projects are inadequate or any delay in the completion of such projects would unnecessarily increase their cost or intensify undesirable transportation conditions. |
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| 64 | 64 | | |
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| 65 | 65 | | (b) Expenditures from the special fund shall be made on vouchers approved by the director or such other officer as may be designated by the director. |
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| 66 | 66 | | |
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| 67 | 67 | | (c) There shall be credited to the special fund all reimbursements and any interest earned or penalty accrued on late payments thereon received from developers who have been advanced public funds to fulfill the conditions of land use development relating to transportation or other transportation requirements imposed upon such developers. |
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| 68 | 68 | | |
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| 69 | 69 | | (d) Expenditures from the special fund may not be made by the director without appropriation by the legislature. No expenditure shall be made from, and no obligation shall be incurred against, the special fund in excess of the amount standing to the credit of the special fund or for any purpose for which moneys from the special fund may not lawfully be expended. |
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| 70 | 70 | | |
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| 71 | 71 | | (e) The department of transportation shall prepare and submit an annual report to the legislature on the use of the transportation improvement special fund which shall include, but not be limited to: |
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| 72 | 72 | | |
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| 73 | 73 | | (1) The [special] fund balance and the expenses made from the [special] fund for the immediately preceding fiscal year; and |
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| 74 | 74 | | |
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| 75 | 75 | | (2) Proposed appropriations from the [special] fund for the next fiscal year. |
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| 76 | 76 | | |
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| 77 | 77 | | This report shall be submitted to the legislature no later than twenty days prior to the convening of each legislative session. |
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| 78 | 78 | | |
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| 79 | 79 | | (f) The director may adopt rules pursuant to chapter 91 necessary to effectuate the purposes of, and to administer, this section. |
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| 80 | 80 | | |
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| 81 | 81 | | (g) As used in this section: |
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| 82 | 82 | | |
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| 83 | 83 | | "Director" means the director of transportation. |
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| 84 | 84 | | |
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| 85 | 85 | | "Special fund" means the transportation improvement special fund."] |
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| 86 | 86 | | |
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| 87 | 87 | | SECTION 2. Section 266-2.3, Hawaii Revised Statutes, is repealed. |
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| 88 | 88 | | |
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| 89 | 89 | | ["[§266-2.3] Kewalo basin use permit; Honolulu harbor use permit; portability. (a) Notwithstanding any law to the contrary, the department of transportation shall allow, on a space available basis, a vessel with a use permit authorizing the vessel to moor in Kewalo basin to moor in Honolulu harbor at no additional cost and with no additional use permit required under the following conditions: |
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| 90 | 90 | | |
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| 91 | 91 | | (1) The manager of Kewalo basin prohibits entrance into Kewalo basin because of inclement weather or ocean conditions; provided that as soon as the manager of Kewalo basin opens the entrance to vessels, the vessel shall leave Honolulu harbor; |
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| 92 | 92 | | |
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| 93 | 93 | | (2) The owner or operator of a commercial fishing vessel desires to sell the owner's or operator's catch of fish to a business operating within Honolulu harbor or otherwise conduct business within Honolulu harbor; provided that the vessel shall not moor in Honolulu harbor for a period longer than is necessary to unload all or some of the catch of fish for sale or otherwise conduct business; and |
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| 94 | 94 | | |
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| 95 | 95 | | (3) The owner of the vessel is current in its payments of any moneys, rates, fees, dues, compensation, fines, or penalties assessed against the vessel that are due to the State. |
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| 96 | 96 | | |
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| 97 | 97 | | (b) Notwithstanding any law to the contrary, the department with jurisdiction over Kewalo basin shall allow, on a space available basis, a vessel with a use permit authorizing the vessel to moor in Honolulu harbor to moor in Kewalo basin at no additional cost and with no additional use permit required subject to the discretion of the harbor manager of Kewalo basin. |
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| 98 | 98 | | |
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| 99 | 99 | | (c) The director of transportation shall adopt rules pursuant to chapter 91, to implement this section."] |
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| 100 | 100 | | |
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| 101 | 101 | | SECTION 3. Section 266-22, Hawaii Revised Statutes, is repealed. |
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| 102 | 102 | | |
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| 103 | 103 | | ["§266-22 Maintenance of fire boat. The cost of operating and maintaining the fire boat shall be borne by the department of transportation. The department shall pay annually from its special fund for the operation and maintenance costs."] |
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| 104 | 104 | | |
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| 105 | 105 | | PART II |
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| 106 | 106 | | |
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| 107 | 107 | | SECTION 4. Act 1, Special Session Laws of Hawaii 2017, is amended by amending section 18 to read as follows: |
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| 108 | 108 | | |
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