Report Title:
State Budget; Fund Transfers or Changes; Legislative Approval
Description:
Establishes that legislative approval is required when the executive branch executes a transfer or change of funds.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1392 |
|
TWENTY-THIRD LEGISLATURE, 2005 |
||
|
STATE OF HAWAII |
||
|
|
A BILL FOR AN ACT
relating to the state budget.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that section 37-74(d), Hawaii Revised Statutes, explicitly states that no appropriation transfers or changes between programs or agencies shall be made without legislative authorization, except for certain provisions relating to the University of Hawaii, the department of education, and the Hawaii health systems corporation. However, the state administration has made appropriation transfers and changes without legislative approval. An example of such an unauthorized transfer recently occurred involving the State's tourism liaison program. The state administration effectuated this reallocation of funds and only reported its actions after it executed the transfer.
The purpose of this Act is to clarify the legislature's intent with regard to section 37-74(d), Hawaii Revised Statutes, concerning appropriation transfers or changes between programs and agencies by declaring that these transfers or changes require prior legislative approval.
SECTION 2. Section 37-74, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) No appropriation transfers or changes between programs or agencies shall be made without legislative authorization; provided that:
(1) Transfers or changes shall not be put into effect unless authorized by the legislature;
[(1)] (2) Authorized transfers or changes, when made, shall be reported to the legislature;
[(2)] (3) Except with respect to appropriations to fund financing agreements under chapter 37D, the University of Hawaii shall have the flexibility to transfer appropriated funds and positions for the operating cost category among programs, among cost elements in a program, and between quarters, as applicable; except with respect to appropriations to fund financing agreements under chapter 37D, the department of education shall have the flexibility to transfer appropriated funds and positions for the operating cost category among programs and among cost elements in a program, and between quarters, as applicable; and the Hawaii health systems corporation shall have the flexibility to transfer special fund appropriations among community hospitals facilities as applicable; provided that the Hawaii health systems corporation shall maintain the integrity and services of each individual facility and shall not transfer appropriations out of any facility that would result in a reduction of services offered by the facility, with due regard for statutory requirements, changing conditions, the needs of the programs, and the effective utilization of resources; and
[(3)] (4) The university and the department of education shall account for each transfer implemented under this subsection in quarterly reports to the governor and annual reports at the end of each fiscal year to the legislature and the governor, which shall be prepared in the form and manner prescribed by the governor and shall include information on the sources and uses of the transfer."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |