§171-19  Special land and development fund. 
(a)  There is created in the department a special fund to be designated as the
"special land and development fund".  Subject to the Hawaiian Homes
Commission Act of 1920, as amended, and section 5(f) of the Admission Act of
1959, all proceeds of sale of public lands, including interest on deferred
payments; all moneys collected under section 171-58 for mineral and water
rights; all rents from leases, licenses, and permits derived from public lands;
all moneys collected from lessees of public lands within industrial parks; all
fees, fines, and other administrative charges collected under this chapter and
chapter 183C; a portion of the highway fuel tax collected under chapter 243;
all moneys collected by the department for the commercial use of public trails
and trail accesses under the jurisdiction of the department; transient
accommodations tax revenues collected pursuant to section 237D-6.5(b)(2); and
private contributions for the management, maintenance, and development of
trails and accesses shall be set apart in the fund and shall be used only as
authorized by the legislature for the following purposes:



(1)  To reimburse the general fund of the State for
advances made that are required to be reimbursed from the proceeds derived from
sales, leases, licenses, or permits of public lands;



(2)  For the planning, development, management,
operations, or maintenance of all lands and improvements under the control and
management of the board, including but not limited to permanent or temporary
staff positions who may be appointed without regard to chapter 76;



(3)  To repurchase any land, including improvements,
in the exercise by the board of any right of repurchase specifically reserved
in any patent, deed, lease, or other documents or as provided by law;



(4)  For the payment of all appraisal fees; provided
that all fees reimbursed to the board shall be deposited in the fund;



(5)  For the payment of publication notices as
required under this chapter; provided that all or a portion of the expenditures
may be charged to the purchaser or lessee of public lands or any interest
therein under rules adopted by the board;



(6)  For the management, maintenance, and development
of trails and trail accesses under the jurisdiction of the department;



(7)  For the payment to private land developers who
have contracted with the board for development of public lands under section
171-60;



(8)  For the payment of debt service on revenue bonds
issued by the department, and the establishment of debt service and other
reserves deemed necessary by the board;



(9)  To reimburse the general fund for debt service on
general obligation bonds issued to finance departmental projects, where the
bonds are designated to be reimbursed from the special land and development
fund;



(10)  For the protection, planning, management, and
regulation of water resources under chapter 174C; and



(11)  For other purposes of this chapter.



(b)  Notwithstanding the above provisions, but
subject to the restrictions contained in section 5(f) of the Admission Act,
whenever the board sells remnants to abutting owners, the proceeds therefrom
including interest on deferred payments, shall be deposited into the general
fund; provided that such proceeds shall be set apart to the appropriate fund
where mandatory federal requirements affecting federal funds so require.



(c)  Notwithstanding the above limitations on
use of the proceeds of sale, where the board sells public lands including the
buildings thereon once used but no longer necessary for school purposes at the
recommendation and request of the board of education, all net proceeds derived
from the sales shall be used for the acquisition of land or for the erection of
buildings for school purposes to the extent of an approved building plan in the
departmental school district wherein the sales occur.  In the absence of any
school building program in the district or in the event of any surplus
remaining after the completion of buildings constructed pursuant to the
approved plan then the proceeds or surplus shall be used in other departmental
school districts in the county wherein the sales occur.



(d)  When use of the fund is authorized by the
legislature for the development of public lands for a particular project, to be
disposed of by sale, lease, license, or permit, the board may pay from the fund
the costs of the development, including the costs of surveys, construction of
roads, water lines, sewer lines, and such other improvements as may be
necessary for the development of the lands; provided that the project shall
meet with the zoning and subdivision requirements of the appropriate county
government in which the lands are located, except that plans and specifications
for recreational projects, including access roads therefor, shall not be
required to meet with such approval; and provided further that no such
development of public lands for disposal by sale, lease, license, or permit
shall be made unless appropriate roads, water lines, and other improvements are
installed which will make the land usable for the purpose for which it is being
disposed at the time of disposition.



(e)  All unexpended and unencumbered moneys
remaining on balance with the fund at the close of each fiscal year which are
deemed, by the director of finance, to be in excess of the moneys necessary to
carry out the purposes of this section over the next following fiscal year
shall lapse to the credit of the state general fund. [L 1962, c 32, pt of §2;
am L 1963, c 29, §1; am L 1964, c 35, §2 and c 49, §1; am L 1965, c 239, §40;
Supp, §103A-19; am L 1967, c 234, §5; HRS §171-19; am L 1970, c 83, §1; am L
1976, c 50, §1; am L 1981, c 82, §17; am L 1985, c 40, §1; am L 1988, c 361,
§3; am L 1989, c 25, §1; am L 1993, c 280, §53; am L 1997, c 106, §1; am L
1999, c 160, §16; am L 2000, c 122, §1, c 203, §1, and c 253, §150; am L 2003,
c 113, §1]



 



Note



 



  Transfers to general fund.  L 1998, c 141, §7.



  Transfer of certain interest earnings to general fund until
June 30, 2015.  L 2009, c 79, §30(a)(3).



 



Cross References



 



  Schools, state responsibility, see chapter 27, pt II.