THE SENATE

S.B. NO.

3070

TWENTY-EIGHTH LEGISLATURE, 2016

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO GRANTS.

 

 

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

 


     SECTION 1.  The legislature finds that it is necessary to improve the grant application and approval process established under chapter 42F, Hawaii Revised Statutes, spread grant appropriations among more recipients, and fund direct services, rather than overhead costs, of grant recipients.

     The purpose of this Act is to add new standards for the appropriation of grants, as required by article VII, section 4, of the Constitution of the State of Hawaii, increase transparency in the legislative grant process, and increase the opportunity for more applicants to receive grants by establishing the following legislative policies:

     (1)  To make appropriations for grants during the regular session of each odd-numbered year for the ensuing fiscal biennium, but still permit the legislature to add new or amend or repeal existing grant appropriations during the regular session of an even-numbered year or a special session;

     (2)  To appropriate funds for not more than one grant for each grant recipient during a fiscal biennium; and

     (3)  To place a low priority on requests to fund general and administrative expenses.

     Because this legislature cannot bind the actions of future legislatures, this Act expressly declares that adherence to the policies shall be subject to the discretion of the legislature and availability of funds.

     SECTION 2.  Chapter 42F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§42F-    Legislative policies; appropriation of funds for grants during legislative sessions; limit on number of grants to a recipient during a fiscal biennium; priority of funding requests for general and administrative expenses.  (a)  It is the policy of the legislature to appropriate funds for grants during the regular session of each odd-numbered year for each fiscal year of the ensuing fiscal biennium.

     This section shall not be construed as prohibiting the legislature from adding new appropriations or amending, or repealing existing appropriations, for grants during the regular session of an even-numbered year or a special session.

     (b)  It is the policy of the legislature to appropriate funds for not more than one grant for each grant recipient during a fiscal biennium.

     (c)  It is the policy of the legislature to place a low priority on a request from a grant applicant to fund the applicant's general and administrative expenses with a grant appropriation.

     (d)  The adherence to a policy set forth in this section shall be subject to the exclusive discretion of the legislature and availability of funds, and no person shall take legal action against the legislature, State, or grant recipient for a deviation from the policy.

     (e)  For the purpose of this section:

     "Ensuing fiscal biennium" means the fiscal biennium commencing on the July 1 that immediately follows the convening of the regular session of an odd-numbered year.

     "General and administrative expenses" means expenses of the applicant that are not directly related to the provision of goods or services by the applicant."

     SECTION 3.  Section 42F-102, Hawaii Revised Statutes, is amended to read as follows:

     "§42F-102  Applications for grants.  Requests for grants shall be submitted to the appropriate standing committees of the legislature [at the start of each regular session of the legislature.] when requested by the standing committees.  Each request shall state:

     (1)  The name of the requesting organization or individual;

     (2)  The public purpose for the grant;

     (3)  The services to be supported by the grant;

     (4)  The target group; and

     (5)  The cost of the grant and the budget."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2016.

 


 


 

Report Title:

Grants; Legislative Policies

 

Description:

Establishes legislative policies to:  (1) make appropriations for grants during the regular session of each odd-numbered year for the ensuing fiscal biennium; (2) appropriate funds for not more than one grant for each grant recipient during a fiscal biennium; and (3) place a low priority on requests to fund the general and administrative expenses of a grant applicant.  States that adherence to the policies shall be subject to legislative discretion and funding availability.  (SD1)

 

 

 

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