REPORT TITLE:
Universal Service Fund


DESCRIPTION:
Designates the Universal Service Fund as a special fund. (SB1279
HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1279
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 1999                                H.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE UNIVERSAL SERVICE FUND.



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

 1      SECTION 1.  Section 36-27, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§36-27  Transfers from special funds for central service
 
 4 expenses.  Except as provided in this section, and
 
 5 notwithstanding any other law to the contrary, from time to time
 
 6 the director of finance, for the purpose of defraying the
 
 7 prorated estimate of central service expenses of government in
 
 8 relation to all special funds, except the:
 
 9      (1)  Special summer school and intersession fund under
 
10           section 302A-1310;
 
11      (2)  School cafeteria special funds of the department of
 
12           education;
 
13      (3)  Special funds of the University of Hawaii;
 
14      (4)  State educational facilities improvement special fund;
 
15      (5)  Convention center capital special fund under section
 
16           206X-10.5 and the convention center operations special
 
17           fund under section 206X-10.6;
 
18      (6)  Special funds established by section 206E-6;
 
19      (7)  Housing loan program revenue bond special fund;
 

 
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 1      (8)  Housing project bond special fund;
 
 2      (9)  Aloha Tower fund created by section 206J-17;
 
 3     (10)  Domestic violence prevention special fund under section
 
 4           321-1.3;
 
 5     (11)  Spouse and child abuse special account under section
 
 6           346-7.5;
 
 7     (12)  Spouse and child abuse special account under section
 
 8           601-3.6;
 
 9     (13)  Funds of the employees' retirement system created by
 
10           section 88-109;
 
11     (14)  Unemployment compensation fund established under
 
12           section 383-121;
 
13     (15)  Hawaii hurricane relief fund established under chapter
 
14           431P;
 
15     (16)  Hawaii health systems corporation special funds;
 
16     (17)  Boiler and elevator safety revolving fund established
 
17           under section 397-5.5;
 
18     (18)  Tourism special fund established under section [[]201B-
 
19           11[]]; [and]
 
20     (19)  Department of commerce and consumer affairs' special
 
21           funds; and
 

 
 
 
 
 
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 1     (20)  Universal service fund established under chapter 269;
 
 2 shall deduct five per cent of all receipts of all other special
 
 3 funds, which deduction shall be transferred to the general fund
 
 4 of the State and become general realizations of the State.  All
 
 5 officers of the State and other persons having power to allocate
 
 6 or disburse any special funds shall cooperate with the director
 
 7 in effecting these transfers.  To determine the proper revenue
 
 8 base upon which the central service assessment is to be
 
 9 calculated, the director shall adopt rules pursuant to chapter 91
 
10 for the purpose of suspending or limiting the application of the
 
11 central service assessment of any fund.  No later than twenty
 
12 days prior to the convening of each regular session of the
 
13 legislature, the director shall report all central service
 
14 assessments made during the preceding fiscal year."
 
15      SECTION 2.  Section 36-30, Hawaii Revised Statutes, is
 
16 amended by amending subsection (a) to read as follows:
 
17      "(a)  Each special fund, except the:
 
18      (1)  Transportation use special fund established by section
 
19           261D-1;
 
20      (2)  Special summer school and intersession fund under
 
21           section 302A-1310;
 

 
 
 
 
 
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 1      (3)  School cafeteria special funds of the department of
 
 2           education;
 
 3      (4)  Special funds of the University of Hawaii;
 
 4      (5)  State educational facilities improvement special fund;
 
 5      (6)  Special funds established by section 206E-6;
 
 6      (7)  Aloha Tower fund created by section 206J-17;
 
 7      (8)  Domestic violence prevention special fund under section
 
 8           321-1.3;
 
 9      (9)  Spouse and child abuse special account under section
 
10           346-7.5;
 
11     (10)  Spouse and child abuse special account under section
 
12           601-3.6;
 
13     (11)  Funds of the employees' retirement system created by
 
14           section 88-109;
 
15     (12)  Unemployment compensation fund established under
 
16           section 383-121;
 
17     (13)  Hawaii hurricane relief fund established under chapter
 
18           431P;
 
19     (14)  Convention center capital special fund established
 
20           under section 206X-10.5 and the convention center
 
21           operations special fund established under section 206X-
 
22           10.6;
 

 
 
 
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 1     (15)  Hawaii health systems corporation special funds; [and]
 
 2     (16)  Tourism special fund established under section
 
 3           [[]201B-11[]]; and
 
 4     (17)  Universal service fund established under chapter 269;
 
 5 shall be responsible for its pro rata share of the administrative
 
 6 expenses incurred by the department responsible for the
 
 7 operations supported by the special fund concerned."
 
 8      SECTION 3.  Section 269-42, Hawaii Revised Statutes, is
 
 9 amended by amending subsection (a) to read as follows:
 
10      "(a)  There is established outside of the state treasury a
 
11 special fund to be known as the universal service fund to be
 
12 administered by the commission[.] to implement the policies and
 
13 goals of universal service.  The fund shall consist of
 
14 contributions from the sources identified in subsections (e) and
 
15 (f).  Interest earned from the balance of the fund shall become a
 
16 part of the fund.  The commission shall adopt rules regarding the
 
17 distribution of moneys from the fund including reimbursements to
 
18 carriers for providing reduced rates to low-income, elderly,
 
19 residents of underserved or rural areas, or other subscribers, as
 
20 authorized by the commission."
 
21      SECTION 4.  There is appropriated out of the universal
 
22 service fund the sum of $800,000 or so much thereof as may be
 

 
 
 
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 1 necessary for fiscal year 1999-2000 to carry out the purposes of
 
 2 the universal service program; provided that the sum appropriated
 
 3 shall be temporarily loaned from the public utilities special
 
 4 fund to the universal service fund; and provided further that the
 
 5 funds borrowed from the public utilities special fund shall be
 
 6 repaid from the universal service fund as determined by the
 
 7 public utilities commission.
 
 8      SECTION 5.  The sum appropriated shall be expended by the
 
 9 public utilities commission for the purposes of this Act.
 
10      SECTION 6.  Statutory material to be repealed is bracketed.
 
11 New statutory material is underscored.
 
12      SECTION 7.  This Act shall take effect on July 1, 1999;
 
13 provided that the amendments made to sections 36-27 and 36-30,
 
14 Hawaii Revised Statutes, by this Act shall not be repealed when
 
15 those sections are reenacted pursuant to section 13 of Act 216,
 
16 Session Laws of Hawaii 1997, and when section 36-27 is reenacted
 
17 pursuant to section 9 of Act 142, Session Laws of Hawaii 1998.
 
18