| 47 | | - | SECTION 1. The purpose of this Act is to establish the Hawaii farm to food bank program and provide a source of funding for the program to provide moneys to food banks in the State to purchase, store, and transport food grown or produced in Hawaii, for distribution to local communities. This program will serve the State's food needs, provide local food producers with a market to support their operations, and keep moneys circulating within the State to boost the local economy. SECTION 2. Chapter 371K, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows: "Part . Hawaii farm to food bank program §371K-A Hawaii farm to food bank program. (a) There is established the Hawaii farm to food bank program to be administered by the office of community services within the department of labor and industrial relations. The purpose of the program shall be to relieve food shortages experienced by residents of the State, including low-income and unemployed families and individuals, by providing financial support for the distribution of fresh locally grown or produced food to those persons. (b) The office of community services shall make moneys available to food banks located in the State pursuant to subsection (a) using moneys in the Hawaii food assistance program special fund established pursuant to section 371K-B. (c) Food banks that receive moneys pursuant to this section shall use the moneys to purchase, store, and transport food grown or produced in the State, for distribution to recipients at no cost to the recipients. (d) For the purposes of this section: "Food bank" has the same meaning as in title 7 United States Code section 7501(5). "Fresh locally grown or produced food" means fruits, vegetables, nuts, coffee, eggs, poultry and poultry products, livestock products, milk and milk products, aquacultural and maricultural products, and horticultural products that are one hundred per cent grown, raised, and harvested in Hawaii. §371K-B Hawaii food assistance program special fund. (a) There is established in the state treasury the Hawaii food assistance program special fund, into which shall be deposited the following: (1) Appropriations made by the legislature to the special fund; (2) Gifts, donations, and grants from public agencies and private persons; and (3) Interest accrued from moneys in the special fund. (b) Moneys in the Hawaii food assistance program special fund shall be used for programs that provide hunger relief to persons in need. (c) Moneys deposited into the Hawaii food assistance program special fund shall not lapse to the credit of the general fund. (d) Expenditures from the Hawaii food assistance program special fund shall be authorized and administered by the office of community services for purposes of the Hawaii farm to food bank program. (e) The Hawaii food assistance program special fund shall not be subject to sections 36‑27, 36-30, or 37-53. (f) All procurements executed pursuant to this part shall be exempt from the requirements of chapters 103D and 103F; provided that the exemption shall not apply to goods, services, or construction projects that directly benefit the office of community services, including office computers, supplies, furniture, flooring, consulting services, and any other items that fill administrative or operational needs." SECTION 3. Section 36-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) 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) Convention center enterprise special fund under section 201B-8; (5) Special funds established by section 206E-6; (6) Aloha Tower fund created by section 206J-17; (7) Funds of the employees' retirement system created by section 88-109; (8) Hawaii hurricane relief fund established under chapter 431P; (9) Hawaii health systems corporation special funds and the subaccounts of its regional system boards; (10) Universal service fund established under section 269‑42; (11) Emergency and budget reserve fund under section 328L‑3; (12) Public schools special fees and charges fund under section 302A-1130; (13) Sport fish special fund under section 187A-9.5; (14) Neurotrauma special fund under section 321H-4; (15) Glass advance disposal fee established by section 342G-82; (16) Center for nursing special fund under section 304A‑2163; (17) Passenger facility charge special fund established by section 261-5.5; (18) Solicitation of funds for charitable purposes special fund established by section 467B-15; (19) Land conservation fund established by section 173A-5; (20) Court interpreting services revolving fund under section 607-1.5; (21) Trauma system special fund under section 321-22.5; (22) Hawaii cancer research special fund; (23) Community health centers special fund; (24) Emergency medical services special fund; (25) Rental motor vehicle customer facility charge special fund established under section 261-5.6; (26) Shared services technology special fund under section 27-43; (27) Automated victim information and notification system special fund established under section 353-136; (28) Deposit beverage container deposit special fund under section 342G-104; (29) Hospital sustainability program special fund under section 346G-4; (30) Nursing facility sustainability program special fund under section 346F-4; (31) Hawaii 3R's school improvement fund under section 302A-1502.4; (32) After-school plus program revolving fund under section 302A-1149.5; (33) Civil monetary penalty special fund under section 321‑30.2; [and [](34)[]] Stadium development special fund under section 109‑3.5[,]; and (35) Hawaii food assistance program special fund under section 371K-B, 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 4. Section 36-30, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) Each special fund, 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) Special funds established by section 206E-6; (5) Aloha Tower fund created by section 206J-17; (6) Funds of the employees' retirement system created by section 88-109; (7) Hawaii hurricane relief fund established under chapter 431P; (8) Convention center enterprise special fund established under section 201B-8; (9) Hawaii health systems corporation special funds and the subaccounts of its regional system boards; (10) Universal service fund established under section 269‑42; (11) Emergency and budget reserve fund under section 328L‑3; (12) Public schools special fees and charges fund under section 302A-1130; (13) Sport fish special fund under section 187A-9.5; (14) Neurotrauma special fund under section 321H-4; (15) Center for nursing special fund under section 304A‑2163; (16) Passenger facility charge special fund established by section 261-5.5; (17) Court interpreting services revolving fund under section 607-1.5; (18) Trauma system special fund under section 321-22.5; (19) Hawaii cancer research special fund; (20) Community health centers special fund; (21) Emergency medical services special fund; (22) Rental motor vehicle customer facility charge special fund established under section 261-5.6; (23) Shared services technology special fund under section 27-43; (24) Nursing facility sustainability program special fund established pursuant to section 346F-4; (25) Automated victim information and notification system special fund established under section 353-136; (26) Hospital sustainability program special fund under section 346G-4; (27) Civil monetary penalty special fund under section 321‑30.2; [and [](28)[]] Stadium development special fund under section 109‑3.5[,]; and (29) Hawaii food assistance program special fund under section 371K-B, 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." SECTION 5. 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 2023-2024 to be deposited into the Hawaii food assistance program special fund. SECTION 6. There is appropriated out of the Hawaii food assistance program special fund the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024, for uses consistent with the purposes of the Hawaii food assistance program special fund. The sum appropriated shall be expended by the department of labor and industrial relations; provided that the office of community services may retain ten per cent of the appropriation for its administrative costs in entering into and overseeing contracts pursuant to section 371K-A, Hawaii Revised Statutes. SECTION 7. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act. SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 9. This Act shall take effect on July 1, 2050. |
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| 47 | + | SECTION 1. The purpose of this Act is to establish the Hawaii farm to food bank program and provide a source of funding for the program to fund state food banks to purchase, store, and transport food grown or produced in Hawaii to local communities for distribution. This program will serve the State's food needs, provide local food producers with a market to support their operations, and keep moneys circulating within the State to boost the local economy. SECTION 2. Chapter 371K, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows: "Part . Hawaii farm to food bank program §371K-A Hawaii farm to food bank program. (a) There is established the Hawaii farm to food bank program to be administered by the office of community services within the department of labor and industrial relations to relieve food shortages experienced by residents of the State, including low-income and unemployed families and individuals, by distributing fresh locally grown or produced food to those persons. (b) The office of community services shall make moneys available to food banks located in the State pursuant to subsection (a) using moneys in the Hawaii food assistance program special fund established pursuant to section 371K-B. (c) Food banks that receive moneys pursuant to this section shall use the moneys to purchase, store, and transport food grown or produced in the State to be distributed to recipients at no cost to the recipients. (d) For the purposes of this section: "Food bank" has the same meaning as in title 7 United States Code Section 7501(5). "Fresh locally grown or produced food" means fruits, vegetables, nuts, coffee, eggs, poultry, and poultry products, livestock products, milk and milk products, aquacultural, and maricultural products, and horticultural products, one hundred per cent grown, raised, and harvested in Hawaii. §371K-B Hawaii food assistance program special fund. (a) There is established in the state treasury the Hawaii food assistance program special fund into which shall be deposited the following: (1) Appropriations by the legislature to the special fund; (2) Gifts, donations, and grants from public agencies and private persons; and (3) Interest accrued from moneys in the special fund. (b) Moneys in the special fund shall be used for programs to provide hunger relief to those in need. (c) Moneys deposited into the special fund shall not lapse to the credit of the general fund. (d) Expenditures from the special fund shall be authorized and administered by the office of community services for purposes of the Hawaii farm to food bank program. (e) The special fund shall not be subject to section 36‑27, 36-30, or 37-53. (f) All procurements executed pursuant to this part shall be exempt from the requirements of chapters 103D and 103F; provided that the exemption shall not apply to goods, services, or construction that directly benefit the office of community services, such as office computers, supplies, furniture, flooring construction, consulting services, and any other administrative or operational needs." SECTION 3. Section 36-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) 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) Convention center enterprise special fund under section 201B-8; (5) Special funds established by section 206E-6; (6) Aloha Tower fund created by section 206J-17; (7) Funds of the employees' retirement system created by section 88-109; (8) Hawaii hurricane relief fund established under chapter 431P; (9) Hawaii health systems corporation special funds and the subaccounts of its regional system boards; (10) Universal service fund established under section 269‑42; (11) Emergency and budget reserve fund under section 328L‑3; (12) Public schools special fees and charges fund under section 302A-1130; (13) Sport fish special fund under section 187A-9.5; (14) Neurotrauma special fund under section 321H-4; (15) Glass advance disposal fee established by section 342G-82; (16) Center for nursing special fund under section 304A‑2163; (17) Passenger facility charge special fund established by section 261-5.5; (18) Solicitation of funds for charitable purposes special fund established by section 467B-15; (19) Land conservation fund established by section 173A-5; (20) Court interpreting services revolving fund under section 607-1.5; (21) Trauma system special fund under section 321-22.5; (22) Hawaii cancer research special fund; (23) Community health centers special fund; (24) Emergency medical services special fund; (25) Rental motor vehicle customer facility charge special fund established under section 261-5.6; (26) Shared services technology special fund under section 27-43; (27) Automated victim information and notification system special fund established under section 353-136; (28) Deposit beverage container deposit special fund under section 342G-104; (29) Hospital sustainability program special fund under section 346G-4; (30) Nursing facility sustainability program special fund under section 346F-4; (31) Hawaii 3R's school improvement fund under section 302A-1502.4; (32) After-school plus program revolving fund under section 302A-1149.5; (33) Civil monetary penalty special fund under section 321‑30.2; [and [](34)[]] Stadium development special fund under section 109‑3.5[,]; and (35) Hawaii food assistance program special fund under section 371K-B, 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 4. Section 36-30, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) Each special fund, 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) Special funds established by section 206E-6; (5) Aloha Tower fund created by section 206J-17; (6) Funds of the employees' retirement system created by section 88-109; (7) Hawaii hurricane relief fund established under chapter 431P; (8) Convention center enterprise special fund established under section 201B-8; (9) Hawaii health systems corporation special funds and the subaccounts of its regional system boards; (10) Universal service fund established under section 269‑42; (11) Emergency and budget reserve fund under section 328L‑3; (12) Public schools special fees and charges fund under section 302A-1130; (13) Sport fish special fund under section 187A-9.5; (14) Neurotrauma special fund under section 321H-4; (15) Center for nursing special fund under section 304A‑2163; (16) Passenger facility charge special fund established by section 261-5.5; (17) Court interpreting services revolving fund under section 607-1.5; (18) Trauma system special fund under section 321-22.5; (19) Hawaii cancer research special fund; (20) Community health centers special fund; (21) Emergency medical services special fund; (22) Rental motor vehicle customer facility charge special fund established under section 261-5.6; (23) Shared services technology special fund under section 27-43; (24) Nursing facility sustainability program special fund established pursuant to section 346F-4; (25) Automated victim information and notification system special fund established under section 353-136; (26) Hospital sustainability program special fund under section 346G-4; (27) Civil monetary penalty special fund under section 321‑30.2; [and [](28)[]] Stadium development special fund under section 109‑3.5[,]; and (29) Hawaii food assistance program special fund under section 371K-B, 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." SECTION 5. There is appropriated out of the general fund the sum of $5,000,000 or so much thereof as may be necessary for fiscal year 2023-2024 to be deposited into the Hawaii food assistance special fund. SECTION 6. There is appropriated out of the Hawaii food assistance special fund the sum of $5,000,000 or so much thereof as may be necessary for fiscal year 2023-2024, with such moneys to be used consistent with the Hawaii food assistance program special fund. The sum appropriated shall be expended by the department of labor and industrial relations; provided that the office of community services may retain ten per cent of the appropriation for its administrative costs in entering into and overseeing contracts adopted pursuant to section 371K-A, Hawaii Revised Statutes. SECTION 7. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act. SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 9. This Act shall take effect on July 1, 2023. |
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| 84 | 84 | | |
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| 85 | 85 | | SECTION 3. Section 36-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: |
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| 86 | 86 | | |
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| 87 | 87 | | "(a) 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: |
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| 88 | 88 | | |
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| 89 | 89 | | (1) Special out-of-school time instructional program fund under section 302A-1310; |
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| 90 | 90 | | |
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| 91 | 91 | | (2) School cafeteria special funds of the department of education; |
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| 92 | 92 | | |
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| 93 | 93 | | (3) Special funds of the University of Hawaii; |
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| 94 | 94 | | |
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| 95 | 95 | | (4) Convention center enterprise special fund under section 201B-8; |
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| 96 | 96 | | |
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| 97 | 97 | | (5) Special funds established by section 206E-6; |
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| 98 | 98 | | |
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| 99 | 99 | | (6) Aloha Tower fund created by section 206J-17; |
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| 100 | 100 | | |
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| 101 | 101 | | (7) Funds of the employees' retirement system created by section 88-109; |
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| 102 | 102 | | |
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| 103 | 103 | | (8) Hawaii hurricane relief fund established under chapter 431P; |
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| 104 | 104 | | |
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| 105 | 105 | | (9) Hawaii health systems corporation special funds and the subaccounts of its regional system boards; |
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| 106 | 106 | | |
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| 107 | 107 | | (10) Universal service fund established under section 269‑42; |
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| 108 | 108 | | |
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| 109 | 109 | | (11) Emergency and budget reserve fund under section 328L‑3; |
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| 110 | 110 | | |
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| 111 | 111 | | (12) Public schools special fees and charges fund under section 302A-1130; |
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| 112 | 112 | | |
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| 113 | 113 | | (13) Sport fish special fund under section 187A-9.5; |
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| 114 | 114 | | |
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| 115 | 115 | | (14) Neurotrauma special fund under section 321H-4; |
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| 116 | 116 | | |
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| 117 | 117 | | (15) Glass advance disposal fee established by section 342G-82; |
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| 118 | 118 | | |
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| 119 | 119 | | (16) Center for nursing special fund under section 304A‑2163; |
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| 120 | 120 | | |
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| 121 | 121 | | (17) Passenger facility charge special fund established by section 261-5.5; |
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| 122 | 122 | | |
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| 123 | 123 | | (18) Solicitation of funds for charitable purposes special fund established by section 467B-15; |
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| 124 | 124 | | |
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| 125 | 125 | | (19) Land conservation fund established by section 173A-5; |
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| 126 | 126 | | |
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| 127 | 127 | | (20) Court interpreting services revolving fund under section 607-1.5; |
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| 128 | 128 | | |
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| 129 | 129 | | (21) Trauma system special fund under section 321-22.5; |
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| 130 | 130 | | |
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| 131 | 131 | | (22) Hawaii cancer research special fund; |
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| 132 | 132 | | |
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| 133 | 133 | | (23) Community health centers special fund; |
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| 134 | 134 | | |
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| 135 | 135 | | (24) Emergency medical services special fund; |
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| 136 | 136 | | |
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| 137 | 137 | | (25) Rental motor vehicle customer facility charge special fund established under section 261-5.6; |
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| 138 | 138 | | |
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| 139 | 139 | | (26) Shared services technology special fund under section 27-43; |
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| 140 | 140 | | |
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| 141 | 141 | | (27) Automated victim information and notification system special fund established under section 353-136; |
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| 142 | 142 | | |
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| 143 | 143 | | (28) Deposit beverage container deposit special fund under section 342G-104; |
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| 144 | 144 | | |
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| 145 | 145 | | (29) Hospital sustainability program special fund under section 346G-4; |
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| 146 | 146 | | |
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| 147 | 147 | | (30) Nursing facility sustainability program special fund under section 346F-4; |
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| 148 | 148 | | |
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| 149 | 149 | | (31) Hawaii 3R's school improvement fund under section 302A-1502.4; |
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| 150 | 150 | | |
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| 151 | 151 | | (32) After-school plus program revolving fund under section 302A-1149.5; |
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| 152 | 152 | | |
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| 153 | 153 | | (33) Civil monetary penalty special fund under section 321‑30.2; [and |
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| 154 | 154 | | |
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| 155 | 155 | | [](34)[]] Stadium development special fund under section 109‑3.5[,]; and |
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| 156 | 156 | | |
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| 157 | 157 | | (35) Hawaii food assistance program special fund under section 371K-B, |
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| 158 | 158 | | |
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| 159 | 159 | | 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." |
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| 160 | 160 | | |
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| 161 | 161 | | SECTION 4. Section 36-30, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: |
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| 162 | 162 | | |
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| 163 | 163 | | "(a) Each special fund, except the: |
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| 164 | 164 | | |
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| 165 | 165 | | (1) Special out-of-school time instructional program fund under section 302A-1310; |
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| 166 | 166 | | |
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| 167 | 167 | | (2) School cafeteria special funds of the department of education; |
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| 168 | 168 | | |
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| 169 | 169 | | (3) Special funds of the University of Hawaii; |
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| 170 | 170 | | |
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| 171 | 171 | | (4) Special funds established by section 206E-6; |
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| 172 | 172 | | |
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| 173 | 173 | | (5) Aloha Tower fund created by section 206J-17; |
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| 174 | 174 | | |
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| 175 | 175 | | (6) Funds of the employees' retirement system created by section 88-109; |
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| 176 | 176 | | |
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| 177 | 177 | | (7) Hawaii hurricane relief fund established under chapter 431P; |
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| 178 | 178 | | |
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| 179 | 179 | | (8) Convention center enterprise special fund established under section 201B-8; |
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| 180 | 180 | | |
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| 181 | 181 | | (9) Hawaii health systems corporation special funds and the subaccounts of its regional system boards; |
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| 182 | 182 | | |
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| 183 | 183 | | (10) Universal service fund established under section 269‑42; |
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| 184 | 184 | | |
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| 185 | 185 | | (11) Emergency and budget reserve fund under section 328L‑3; |
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| 186 | 186 | | |
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| 187 | 187 | | (12) Public schools special fees and charges fund under section 302A-1130; |
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| 188 | 188 | | |
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| 189 | 189 | | (13) Sport fish special fund under section 187A-9.5; |
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| 190 | 190 | | |
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| 191 | 191 | | (14) Neurotrauma special fund under section 321H-4; |
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| 192 | 192 | | |
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| 193 | 193 | | (15) Center for nursing special fund under section 304A‑2163; |
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| 194 | 194 | | |
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| 195 | 195 | | (16) Passenger facility charge special fund established by section 261-5.5; |
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| 196 | 196 | | |
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| 197 | 197 | | (17) Court interpreting services revolving fund under section 607-1.5; |
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| 198 | 198 | | |
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| 199 | 199 | | (18) Trauma system special fund under section 321-22.5; |
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| 200 | 200 | | |
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| 201 | 201 | | (19) Hawaii cancer research special fund; |
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| 202 | 202 | | |
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| 203 | 203 | | (20) Community health centers special fund; |
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| 204 | 204 | | |
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| 205 | 205 | | (21) Emergency medical services special fund; |
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| 206 | 206 | | |
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| 207 | 207 | | (22) Rental motor vehicle customer facility charge special fund established under section 261-5.6; |
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| 208 | 208 | | |
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| 209 | 209 | | (23) Shared services technology special fund under section 27-43; |
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| 210 | 210 | | |
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| 211 | 211 | | (24) Nursing facility sustainability program special fund established pursuant to section 346F-4; |
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| 212 | 212 | | |
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| 213 | 213 | | (25) Automated victim information and notification system special fund established under section 353-136; |
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| 214 | 214 | | |
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| 215 | 215 | | (26) Hospital sustainability program special fund under section 346G-4; |
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| 216 | 216 | | |
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| 217 | 217 | | (27) Civil monetary penalty special fund under section 321‑30.2; [and |
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| 218 | 218 | | |
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| 219 | 219 | | [](28)[]] Stadium development special fund under section 109‑3.5[,]; and |
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| 220 | 220 | | |
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| 221 | 221 | | (29) Hawaii food assistance program special fund under section 371K-B, |
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| 222 | 222 | | |
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| 223 | 223 | | 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." |
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| 224 | 224 | | |
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