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



All moneys derived pursuant to this chapter
from harbor properties of the statewide system of harbors (excluding properties
principally used for recreation or the landing of fish, except properties
located at Kewalo Basin, ewa of Ala Moana Park, Honolulu) shall be paid into
the harbor special fund and each fiscal year shall be appropriated, applied, or
expended by the department of transportation for the statewide system of
harbors for any purpose within the jurisdiction, powers, duties, and functions
of 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, maintenance
and repair of the statewide system of harbors and reserves therefor, and
acquisitions (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 are
necessary to the performance of its duties or functions.



(b)  At any time the director of transportation
may transfer from the harbor special fund created by paragraph (a) of this
section, all or any portion of available moneys on deposit in the harbor
special fund determined by the director of transportation to be in excess of
one hundred fifty per cent of the requirements for the ensuing twelve months
for the harbor special fund as permitted by and in accordance with section
37-53.  For purposes of such determination, the director of transportation
shall take into consideration the amount of federal funds and bond funds on
deposit in, and budgeted to be expended from, the harbor special fund during
such period, amounts on deposit in the harbor special fund which are encumbered
or otherwise obligated, budgeted amounts payable from the harbor special fund
during such period, and revenues anticipated to be received by and expenditures
to be made from the harbor special fund during such period based on existing
agreements and other information for the ensuing twelve months, and such other
factors as the director of transportation shall deem appropriate.



(c)  All expenditures by the department shall
be made on vouchers duly approved by the director of transportation or such
other 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 L
1947, 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.