§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 HomesCommission Act of 1920, as amended, and section 5(f) of the Admission Act of1959, all proceeds of sale of public lands, including interest on deferredpayments; all moneys collected under section 171-58 for mineral and waterrights; all rents from leases, licenses, and permits derived from public lands;all moneys collected from lessees of public lands within industrial parks; allfees, fines, and other administrative charges collected under this chapter andchapter 183C; a portion of the highway fuel tax collected under chapter 243;all moneys collected by the department for the commercial use of public trailsand trail accesses under the jurisdiction of the department; transientaccommodations tax revenues collected pursuant to section 237D-6.5(b)(2); andprivate contributions for the management, maintenance, and development oftrails and accesses shall be set apart in the fund and shall be used only asauthorized by the legislature for the following purposes:

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

(2)  For the planning, development, management,operations, or maintenance of all lands and improvements under the control andmanagement of the board, including but not limited to permanent or temporarystaff 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 reservedin any patent, deed, lease, or other documents or as provided by law;

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

(5)  For the payment of publication notices asrequired under this chapter; provided that all or a portion of the expendituresmay be charged to the purchaser or lessee of public lands or any interesttherein under rules adopted by the board;

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

(7)  For the payment to private land developers whohave contracted with the board for development of public lands under section171-60;

(8)  For the payment of debt service on revenue bondsissued by the department, and the establishment of debt service and otherreserves deemed necessary by the board;

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

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

(11)  For other purposes of this chapter.

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

(c)  Notwithstanding the above limitations onuse of the proceeds of sale, where the board sells public lands including thebuildings thereon once used but no longer necessary for school purposes at therecommendation and request of the board of education, all net proceeds derivedfrom the sales shall be used for the acquisition of land or for the erection ofbuildings for school purposes to the extent of an approved building plan in thedepartmental school district wherein the sales occur.  In the absence of anyschool building program in the district or in the event of any surplusremaining after the completion of buildings constructed pursuant to theapproved plan then the proceeds or surplus shall be used in other departmentalschool districts in the county wherein the sales occur.

(d)  When use of the fund is authorized by thelegislature for the development of public lands for a particular project, to bedisposed of by sale, lease, license, or permit, the board may pay from the fundthe costs of the development, including the costs of surveys, construction ofroads, water lines, sewer lines, and such other improvements as may benecessary for the development of the lands; provided that the project shallmeet with the zoning and subdivision requirements of the appropriate countygovernment in which the lands are located, except that plans and specificationsfor recreational projects, including access roads therefor, shall not berequired to meet with such approval; and provided further that no suchdevelopment of public lands for disposal by sale, lease, license, or permitshall be made unless appropriate roads, water lines, and other improvements areinstalled which will make the land usable for the purpose for which it is beingdisposed at the time of disposition.

(e)  All unexpended and unencumbered moneysremaining on balance with the fund at the close of each fiscal year which aredeemed, by the director of finance, to be in excess of the moneys necessary tocarry out the purposes of this section over the next following fiscal yearshall 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 L1976, 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 L1999, 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 untilJune 30, 2015.  L 2009, c 79, §30(a)(3).

 

Cross References

 

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