REPORT TITLE:
Federal Impact Aid; Education


DESCRIPTION:
Prohibits federal impact aid received by the DOE from being
returned to the general fund unless the legislature, by
concurrent resolution, approves the return of the federal impact
aid to the general fund during any regular or special session
next following the receipt of the federal impact aid.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO FEDERAL AID.



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

 1      SECTION 1.  Chapter 29, Hawaii Revised Statutes, is amended
 
 2 by adding two new sections to be appropriately designated and to
 
 3 read as follows:
 
 4      "§29-     Federal fund reimbursements.  (a)  Except as
 
 5 otherwise provided by law, or except as prohibited by specific
 
 6 grant conditions, all federal fund reimbursements received by
 
 7 state programs shall be returned to the general fund, or other
 
 8 appropriate program fund.
 
 9      (b)  The governor shall submit a report to the legislature
 
10 concerning the exact amount and specific nature of federal fund
 
11 reimbursements returned to the general fund pursuant to
 
12 subsection (a).  The governor shall submit the report to the
 
13 legislature not less than twenty days prior to the convening of
 
14 each regular session.
 
15      (c)  Federal impact aid received by the department of
 
16 education shall not be returned to the general fund in accordance
 
17 with subsection (a) unless the legislature, by concurrent
 
18 resolution, approves the return of the federal impact aid to the
 
19 general fund during any regular or special session next following
 

 
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 1 the receipt of the federal impact aid.
 
 2      §29-     Federal impact aid; general fund offset.  Except as
 
 3 provided in section 29-   (c), if the amount of federal impact
 
 4 aid received by the department of education exceeds the
 
 5 authorized appropriation in the General Appropriations Act or the
 
 6 Supplemental Appropriations Act, then the governor shall allow
 
 7 the department of education to increase the federal fund
 
 8 expenditure ceiling for EDN 100, school-based budgeting, by the
 
 9 amount that the federal impact aid received by the department of
 
10 education exceeds the authorized appropriation in the General
 
11 Appropriations Act or the Supplemental Appropriations Act."
 
12      SECTION 2.  If any provision of this Act, or the application
 
13 thereof to any person or circumstance is held invalid, the
 
14 invalidity does not affect other provisions or applications of
 
15 the Act which can be given effect without the invalid provision
 
16 or application, and to this end the provisions of this Act are
 
17 severable.
 
18      SECTION 3.  It is the intent of this Act not to jeopardize
 
19 the receipt of any federal aid nor to impair the obligation of
 
20 the State or any agency thereof to the holders of any bond issued
 
21 by the State or by any such agency, and to the extent, and only
 
22 to the extent, necessary to effectuate this intent, the governor
 
23 may modify the strict provisions of this Act, but shall promptly
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 report any such modification with reasons therefor to the
 
 2 legislature at its next session thereafter for review by the
 
 3 legislature.
 
 4      SECTION 4.  New statutory material is underscored.
 
 5      SECTION 5.  This Act shall take effect upon its approval.
 
 6 
 
 7                           INTRODUCED BY:  _______________________