§266-19  Creation of harbor special fund;disposition of harbor special fund.  [Effect and application.  L 1989, c309, §10.]  (a)  There is created in the treasury of the State the harborspecial fund.  All moneys received by the department of transportation from therates and fees pursuant to section 266-17(a)(1) shall be paid into the harborspecial fund.  The harbor special fund and the second separate harbor specialfund heretofore created shall be consolidated into the harbor special fund atsuch time as there are no longer any revenue bonds payable from the secondseparate harbor special fund.  The harbor reserve fund heretofore created isabolished.

All moneys derived pursuant to this chapterfrom harbor properties of the statewide system of harbors (excluding propertiesprincipally used for recreation or the landing of fish, except propertieslocated at Kewalo Basin, ewa of Ala Moana Park, Honolulu) shall be paid intothe harbor special fund and each fiscal year shall be appropriated, applied, orexpended by the department of transportation for the statewide system ofharbors for any purpose within the jurisdiction, powers, duties, and functionsof the department of transportation related to the statewide system of harbors(excluding properties principally used for recreation or the landing of fish,except the properties located at Kewalo Basin, ewa of Ala Moana Park,Honolulu), including, without limitation, the costs of operation, maintenanceand repair of the statewide system of harbors and reserves therefor, andacquisitions (including real property and interests therein), constructions,additions, expansions, improvements, renewals, replacements, reconstruction,engineering, investigation, and planning, for the statewide system of harbors,all or any of which in the judgment of the department of transportation arenecessary to the performance of its duties or functions.

(b)  At any time the director of transportationmay transfer from the harbor special fund created by paragraph (a) of thissection, all or any portion of available moneys on deposit in the harborspecial fund determined by the director of transportation to be in excess ofone hundred fifty per cent of the requirements for the ensuing twelve monthsfor the harbor special fund as permitted by and in accordance with section37-53.  For purposes of such determination, the director of transportationshall take into consideration the amount of federal funds and bond funds ondeposit in, and budgeted to be expended from, the harbor special fund duringsuch period, amounts on deposit in the harbor special fund which are encumberedor otherwise obligated, budgeted amounts payable from the harbor special fundduring such period, and revenues anticipated to be received by and expendituresto be made from the harbor special fund during such period based on existingagreements and other information for the ensuing twelve months, and such otherfactors as the director of transportation shall deem appropriate.

(c)  All expenditures by the department shallbe made on vouchers duly approved by the director of transportation or suchother officer as may be designated by the director of transportation. [L 1941,c 142, §2; am L 1943, c 97, §1; RL 1945, §4998; am L 1945, c 112, §2; am L1947, c 72, §3; RL 1955, §112-20; am L 1967, c 221, §6; HRS §266-19; am L 1979,c 105, §25; am L 1989, c 309, §7; am L 1998, c 114, §2]

 

Cross References

 

  Transfer from harbor special fund, see §36-29.