HOUSE OF REPRESENTATIVES |
H.B. NO. |
1800 |
THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE STATE BUDGET.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION
1. This Act shall be known and may be cited
as the Supplemental Appropriations Act of 2024.
SECTION 2. This Act amends
Act 164, Session Laws of Hawaii 2023, and other appropriations and authorizations
effective during fiscal biennium 2023‑2025 pursuant to article VII, section
9, of the State Constitution, which provides that the governor may submit to the
legislature a bill to amend any appropriation for operating expenditures of the
current fiscal biennium and bills to amend any appropriations for capital expenditures
of the current fiscal biennium. As provided
by section 37‑72, supplemental budget, Hawaii Revised
Statutes, the supplemental budget reflects the changes being proposed in the
State's program and financial plan and has been prepared in the manner provided
in section 37‑71, the budget, Hawaii Revised Statutes.
Section 37-71(b)(4), Hawaii Revised Statutes, prescribes that the
information provided in the budget be formatted such that program costs include
all costs, including research and development, operating and capital, regardless
of the means of financing. Section 37‑71(c)(3),
Hawaii Revised Statutes, requires a summary listing of all capital improvement projects
by program, at the lowest level of the program structure, which shows for each project,
by investment cost elements, the amount of new appropriations and authorizations
proposed. Under section 37‑62, definitions,
Hawaii Revised Statutes, "cost elements" means the major subdivisions
of a cost category. The category "capital
investment" includes plans, land acquisition, design, construction, and equipment
and furnishing.
SECTION 3. Part I of Act 164,
Session Laws of Hawaii 2023, is amended by amending
section 2 to read as follows:
"SECTION 2. DEFINITIONS. Unless otherwise clear from the context, as
used in this Act:
"Capital project number" means the official number of the
capital project, as assigned by the responsible
organization.
"Expending agency" means the executive department, independent
commission, bureau, office, board, or other establishment of the state government
(other than the legislature, Office of Hawaiian Affairs, and judiciary), the political
subdivisions of the State, or any quasi‑public institution supported in whole
or in part by state funds, which is authorized
to expend specified appropriations made by this Act.
Abbreviations, where used to denote the expending agency, shall mean the following:
AGR Department of agriculture
AGS Department of accounting and general services
ATG Department of the attorney general
BED Department of business, economic development and tourism
BUF Department of budget and finance
CCA Department of commerce and consumer affairs
DEF Department of defense
EDN Department of education
GOV Office of the governor
HHL Department of Hawaiian home lands
HMS Department of human services
HRD Department of human resources development
HTH Department of health
LAW Department of law enforcement
LBR Department of labor and industrial relations
LNR Department of land and natural resources
LTG Office of the lieutenant governor
PSD Department of public safety/corrections and rehabilitation
SUB Subsidies
TAX Department of taxation
TRN Department of transportation
UOH University of Hawaii
CCH City and county of Honolulu
COH County of Hawaii
COK County of Kauai
COM
County of Maui
"Means of financing" or "MOF" means the source
from which funds are appropriated or authorized to be expended for the programs
and projects specified in this Act. All appropriations
are followed by letter symbols. Such letter
symbols, where used, shall have the following
meanings:
A general
funds
B special
funds
C general
obligation bond fund
D general
obligation bond fund with debt service
cost to be paid from special funds
E revenue
bond funds
N federal
funds
P other
federal funds
R private
contributions
S county
funds
T trust funds
W revolving funds
X other funds
"Position ceiling" means the maximum number of permanent
and temporary full‑time equivalent positions that an expending agency is authorized
for a particular program during a specified period or periods, as denoted by a single
asterisk for permanent full‑time equivalent positions and [a pound sign]
double asterisks for temporary full‑time equivalent positions.
"Program ID" means the unique identifier for the specific
program and consists of the abbreviation for the organization responsible for carrying
out the program, followed by the organization number for the program."
SECTION 4. Part II of Act
164, Session Laws of Hawaii 2023, is amended by amending
section 3 to read as follows:
"SECTION 3. APPROPRIATIONS. The following sums, or so much thereof as may
be sufficient to accomplish the purposes and programs designated herein, are hereby
appropriated or authorized, as the case may be, from the means of financing specified
to the expending agencies designated for the fiscal biennium beginning July 1, 2023,
and ending June 30, 2025. The total expenditures
and the number of positions in each fiscal year of the biennium shall not exceed
the sums and the number indicated for each fiscal year, except as provided elsewhere
in this Act, or as provided by general law.
SECTION 5.
Part III of Act 164, Session Laws of Hawaii 2023, is amended:
(1) By
adding a new section to read as follows:
"SECTION XX. Provided that of the special fund appropriation
for tourism (BED113), the sum of $11,000,000 or so much thereof as may be necessary
for fiscal year 2024-2025 shall be transferred to the general fund to reimburse
general fund expenditures incurred for convention center operations during fiscal
year 2023-2024."
(2) By
adding a new section to read as follows:
"SECTION XX. Provided that out of the general fund appropriation
for charter schools (EDN600), the charter schools commission shall determine the
sum necessary for fiscal year 2024-2025 for teacher differentials for hard‑to-staff
and Hawaiian immersion teachers and disburse it to the impacted schools; provided
further that any funds not expended or encumbered for this purpose shall be distributed
to the charter schools (EDN600) on a per pupil basis."
(3) By adding a new section to read as follows:
"SECTION XX. Provided that of the general fund appropriation
for the Hawaii emergency management agency (DEF118), the sum of $5,000,000 or so
much thereof as may be necessary for fiscal year 2024‑2025 shall be expended
for relief from major disasters pursuant to section 127A‑16, Hawaii Revised
Statutes; provided further that any funds not expended for this purpose shall lapse
to the general fund."
(4) By
adding a new section to read as follows:
"SECTION XX. Provided
that of the general fund appropriation for office of the public defender (BUF151),
the sum of $126,364 or so much thereof as may be necessary for fiscal year 2024-2025
shall be transferred to the judiciary for the administration and operation of the
community outreach court project."
(5) By
adding a new section to read as follows:
"SECTION XX. Provided that of the general fund appropriation
for office of the public defender (BUF151), the sum of $165,404 or so much thereof
as may be necessary for fiscal year 2024-2025 shall be transferred to the office
of the prosecuting attorney of the city and county of Honolulu for the operation
of the community outreach court project."
(6) By adding a new section to read as follows:
"SECTION XX. Provided that of the general
fund appropriation for departmental administration and budget division (BUF101),
the sum of $186,160,000 or so much thereof as may be necessary for fiscal year 2024-2025
shall be expended for the purposes of response and recovery efforts related to the
2023 wildfires; provided further that the director of finance may transfer the funds
to other departments and programs as necessary with the approval of the governor;
provided further that the funds shall initially be transferred into a subaccount;
provided further that both the subaccount and the funds held within shall not lapse
at the end of the fiscal year for which the appropriation is made; and provided
further that all moneys from the appropriation that are unencumbered as of June
30, 2026, shall lapse on that date."
(7) By
adding a new section to read as follows:
"SECTION XX. Provided that of the general fund appropriation
for departmental administration and budget division (BUF101), the sum of $13,356,628
or so much thereof as may be necessary for fiscal year 2024-2025 shall be used for
state match requirements of broadband equity, access, and deployment state grants;
provided further that the director of finance may transfer the funds to other departments
and programs as needed to facilitate the distribution of subgrants."
(8) By
adding a new section to read as follows:
"SECTION XX. Provided that of the general fund appropriation
for vacation payout - statewide (BUF103), the sum of $9,700,000 or so much thereof
as may be necessary for fiscal year 2024-2025 shall be expended for the purposes
of reimbursing all executive departments and agencies for vacation payouts for general
funded employees who have left the employ of the executive branch; provided further
that any unexpended funds shall lapse to the general fund at the end of the fiscal
year."
(9) By adding a new section to read as follows:
"SECTION XX. Provided
that of the general fund appropriations for debt service payments (BUF721-BUF728)
for fiscal year 2024-2025, balances that are unrequired for debt service payments
may be used to pay for expenses related to section 39-14, Hawaii Revised Statutes,
and for costs of issuance, or may be transferred only to retirement benefits payments
(BUF741-BUF748) and health premium payments (BUF761‑BUF768); provided further
that the funds shall not be expended for any other purpose; and provided further
that any unexpended funds shall lapse to the general fund at the end of the fiscal
year."
(10) By adding a new section
to read as follows:
"SECTION XX. Provided
that of the general fund appropriations for retirement benefits payments (BUF741‑BUF748)
for fiscal year 2024-2025, balances that are unrequired may be transferred only
to debt service payments (BUF721-BUF728) and health premium payments (BUF761-BUF768);
provided further that the funds shall not be expended for any other purpose; and
provided further that any unexpended funds shall lapse to the general fund at the
end of the fiscal year."
(11) By adding a new section
to read as follows:
"SECTION XX. Provided
that of the general fund appropriations for health premium payments (BUF761-BUF768)
for fiscal year 2024-2025, balances that are unrequired may be transferred only
to debt service payments (BUF721‑BUF728) and retirement benefits payments
(BUF741‑BUF748); provided further that the funds shall not be expended for
any other purpose; and provided further that any unexpended funds shall lapse to
the general fund at the end of the fiscal year."
SECTION 6. Part V of Act 164,
Session Laws of Hawaii 2023, is amended by amending section 7 to read as follows:
"SECTION 7. CAPITAL IMPROVEMENT
PROJECTS AUTHORIZED. The sums appropriated
or authorized in part II of this Act for capital improvements shall be expended
for the projects listed below. Accounting
of the appropriations by the department of accounting and general services shall
be based on the projects as the projects are listed in this section. Several related or similar projects may be combined
into a single project if the combination is advantageous or convenient for implementation;
provided that the total cost of the projects thus combined shall not exceed the
total of the sum specified for the projects separately. The amount after each cost element and the total
funding for each project listed in this part are in thousands of dollars.
SECTION 7.
Part VI of Act 164, Session Laws of Hawaii 2023, is amended:
(1) By
amending Section 8 to read as follows:
"SECTION
8. Any law to the contrary notwithstanding,
the appropriations under Act 40, Session Laws of Hawaii 2019, section 4, as amended
by Act 6, Session Laws of Hawaii 2020, section 4, in the amounts indicated or balances
thereof, unallotted, allotted, encumbered, and unrequired, are hereby lapsed:
G-7 $ 470,800 C
G-10 99,984 C
G-11 225,043 C
G-23 616,118 C
G-30 12,515 C
G-32 3,283,085 C
G-39 16,818 C
G-67 103,090 C
G-70 1,129,108 C
G-75 258,500 C
G-76 245,465 C
G-80 1,808,438 C
G-90 300,000 C
G-93 249,385 C
G-95 307,810 C
G-106 2,746,302 C
G-107 178,200 C
G-108 373,870 C
G-109 782,223 C
G-113 131,900 C
G-119 99,088 C
G-130 874,768 C
G-131 133,802 C
G-142 [$]16,830,000 C
G-170 101,500 C
G-171 209,010 C
G-188.17 436,000 C
G-188.26 403,300 C
G-188.35 2,057,921 C
G-188.38 507,745 C
G-188.39 436,000 C
G-188.42 1,385,900 C
G-188.44 1,347,785 C
G-188.50 478,136 C
G-188.57 363,597 C
G-188.60 393,706 C
G-188.63 1,231,652 C
G-188.66 292,384 C
G-188.69 650,000 C
G-188.77 159,300 C
G-188.87 339,000 C
G-188.96 61,536 C
G-188.97 698 C
G-191.2 177,000 C""
(2) By
amending Section 9 to read as follows:
"SECTION 9. Any law to the contrary notwithstanding, the appropriations
under Act 88, Session Laws of Hawaii 2021, section 26, as amended by Act 248, Session
Laws of Hawaii 2022, section 5, in the amounts indicated or balances thereof, unallotted,
allotted, encumbered, and unrequired, are hereby lapsed:
D-3.02 $ 4,300,000 C
E-8.01 15,000,000 C
G-2.01 1,341,796 C
G-3.03 1,983,800 C
G-4.03 1,000,000 C
G-4.04 3,904,838 C
G-4.12 496,000 C
G-5.04 742,500 C
G-8 6,200,000 C
G-8.01 1,720,000 C
G-8.02 881,651 C
G-9 294,000 C
G-11 98,716 C
G-12 22,540,000 C
G-12.01 1,089,000 C
G-13.01 595,500 C
G-18 500,000 C
G-20 1,459,792 C
G-20.01 1,983,000 C
G-22 500,000 C
G-28 465,450 C
G-32 2,500,000 C
G-39.02 1,090,600 C
G-41 1,869,720 C
G-43 440,000 C
G-44.02 1,188,000 C
G-45 693,000 C
G-50 13,314,599 C
G-51 2,494,800 C
G-52 851,118 C
G-54 14,471,483 C
G-57 668,250 C
G-57.01 3,320,000 C
G-58 460,000 C
G-61 2,355,800 C
G-62 884,725 C
G-62.01 1,487,200 C
G-63 17,820,000 C
G-64 3,320,000 C
G-64.01 995,850 C
G-65 3,633,703 C
G-66 2,965,000 C
G-68 911,698 C
G-69.01 1,497,000 C
G-70 1,314,746 C
G-70.01 1,829,368 C
G-72 1,153,350 C
G-73 1,412,812 C
G-76 2,389,106 C
G-76.01 2,851,038 C
G-77 686,000 C
G-80 1,237,500 C
G-82 1,126,269 C
G-84 2,212,730 C
G-85 800,000 C
G-87 2,258,196 C
G-92 14,775,404 C
G-93 9,900,000 C
G-95 908,711 C
G-95.01 1,770,836 C
G-95.02 5,771,700 C
G-95.04 11,492,427 C
G-95.05 57,420,000 C
G-95.06 19,500,000 C
G-95.07 7,440,000 C
G-95.09 3,469,350 C
G-95.11 100,000 C
G-95.12 3,485,457 C
G-95.13 34,682,000 C
G-95.15 6,289,482 C
G-95.16 3,026,000 C
G-95.17 5,445,000 C
G-95.18 17,106,899 C
G-95.19 1,140,100 C
G-95.23 1,487,350 C
G-95.24 1,739,678 C
G-95.25 5,960,600 C
G-95.29 24,674,000 C
G-95.30 4,955,500 C
G-95.37 4,276,510 C
G-95.41 1,402,780 C
G-95.44 420,000 C
G-95.48 1,350,000 C
G-95.50 867,000 C
G-95.51 1,485,000 C
G-95.54 743,000 C
G-95.57 175,000 C
G-95.58 90,000 C
G-95.59 500,000 C
G-95.60 1,410,750 C
G-95.68 2,722,500 C
G-112 8,700,000 V
G-120 500,000 C
H-1.01 350,000 C
H-13 8,000,000 C
K-6 4,850,000 C
K-6 3,000,000 R
K-6 3,500,000 T
K-10.01 12,000,000 B
K-20 23,500,000 C
K-20 23,500,000 S""
(3) By
adding a new section to read as follows:
"SECTION XX. Act
276, Session Laws of Hawaii 2019, section 15, in the amount of $770,603, or balance
thereof, general obligation bond funds unallotted, allotted, encumbered, and unrequired,
is hereby lapsed."
(4) By
adding a new section to read as follows:
"SECTION XX. Act
88, Session Laws of Hawaii 2021, as amended by Act 248, Session Laws of Hawaii 2022,
part VIII, section 91.1, in the amounts indicated or balances thereof, unallotted,
allotted, encumbered, and unrequired, are hereby lapsed:
"Item No. Amount (MOF)
5 $ 230,000 A
14 49,068 A
19 100,000 A
35 700,000 A
37 3,100,000 A
39 150,000 A
51 237,000 A
54 3,500,000 A
60 514 A
61 1,404,000 A
62 2,000,000 A
64 6,650,000 A
68 14,000 A
70 500,000 A""
SECTION 8.
Part VIII of Act 164, Session Laws of Hawaii 2023, is amended:
(1) By adding a new section to read as follows:
"SECTION
XX.
GOVERNOR'S DISCRETIONARY POWERS.
Any law or provision to the contrary notwithstanding, the governor may replace
general obligation bond funds appropriated for capital improvement projects with
general obligation reimbursable bond funds, when the expenditure of such general
obligation reimbursable bond funds is deemed appropriate for the project."
(2) By
adding a new section to read as follows:
"SECTION
XX.
All general obligation bond funds used for a public undertaking, improvement,
or system designated by the letter (D) shall have the bond principal and interest
reimbursed from the special fund in which the net revenue, or net user tax receipts,
or combination of both, of such public undertaking, improvement or system, are deposited
or credited. Bonds issued for irrigation
and housing projects shall be reimbursed as provided by section 174‑21 and
chapter 201H, Hawaii Revised Statutes, respectively.
The
governor is authorized to use, at the governor's discretion, the state highway fund,
the harbor special fund, the boating special fund, the airport revenue fund, the
special land and development fund, or other appropriate special funds to finance
the respective public undertaking, improvement, or system described above and authorized
in this Act, where the method of financing is designated to be general obligation
bond fund with debt service cost to be paid from the funds."
(3) By
adding a new section to read as follows:
"SECTION
XX.
In the event that the authorized appropriations specified for a capital
improvement project listed in this Act are insufficient and where the source of
funding is designated as special funds, general obligation bond fund with debt service
cost to be paid from special funds, revenue bond funds, or revolving funds, the
governor may make supplemental allotments from the special fund or revolving fund
responsible for cash or debt service payments for the projects, or transfer unrequired
balances from other unlapsed projects in this Act or prior appropriation acts which
authorized the use of special funds, general obligation bond fund with debt service
costs to be paid from special funds, revenue bond funds, or revolving funds; provided
that such supplemental allotments shall not be used to increase the scope of the
project; and provided further that such supplemental allotments shall not impair
the ability of the fund to meet the purposes for which it was established."
(4) By adding a new section to read as follows:
"SECTION
XX.
In the event that the authorized appropriations specified for a capital
improvement project listed in this Act are insufficient and where the source of
funding is designated as airport passenger facility charge funds, the governor may
make supplemental allotments from the airport revenue fund or airport revenue bond
funds, or transfer unrequired balances from other unlapsed projects in this Act
or prior appropriation acts that authorized the use of airport passenger facility
charge funds; provided that such supplemental allotments shall not be used to increase the scope of the project;
provided further that such supplemental allotments shall not impair the ability
of the fund to meet the purposes for which it was established; and provided further
that the governor, at the governor's discretion, is authorized to increase the passenger
facility charge fund authorization ceiling for the program to accommodate the expenditure
of such funds."
(5) By
adding a new section to read as follows:
"SECTION
XX.
The governor may supplement funds for any cost element for a capital improvement
project authorized under this Act by transferring such sums as may be needed from
the funds appropriated for other cost elements of the same project by this Act or
any other prior or future act which has not lapsed; provided that the total expenditure
of funds for all cost elements shall not exceed the total appropriations for that
project."
(6) By adding a new section to read as follows:
"SECTION
XX.
Where it has been determined that changed conditions, such as a reduction
in the particular population being served, permit the reduction in the scope of
a capital improvement project described in this Act, the governor may authorize
such reduction of project scope."
(7) By
adding a new section to read as follows:
"SECTION
XX.
In releasing funds for capital improvement
projects, the governor shall consider legislative intent and the objectives of the
user agency and its programs; the scope and level of the user agency's intended
service; and the means, efficiency, and economics by which the project will meet
the objectives of the user agency and the State; provided that agencies responsible
for construction shall take into consideration legislative
intent, the objectives of the user agency and its programs, and the scope and level
of the user agency's intended service and construct the improvement to meet the
objectives of the user agency in the most efficient and economical manner possible."
(8) By
adding a new section to read as follows:
"SECTION
XX.
Where county capital improvement projects are partially or totally funded
by state grants as authorized in this Act or any other act of the legislature, this
fact should be appropriately acknowledged during construction and upon completion
of these projects."
(9) By
adding a new section to read as follows:
"SECTION XX. The governor may authorize the expenditure
of funds for capital improvement projects not previously authorized in this Act
to cope with the effects of natural disasters or unforeseen emergencies, when the
effects of the natural disasters or unforeseen emergencies create an urgent need
to pursue a course of action that is in the best interest of the State; provided
that no funds shall be expended without
a formal declaration of a natural disaster or emergency by the governor; and provided
further that the governor shall use the powers conferred under section 127A‑13,
Hawaii Revised Statutes, or any other applicable law to accomplish the purposes
of this section."
(10)
By adding a new section to read as follows:
"SECTION
XX.
Notwithstanding any provision in part III of this Act, the governor is
authorized to transfer savings or unrequired balances as may be available from the
appropriated funds of any program in this Act to supplement the appropriation for
any other program in this Act to cope with the effects of natural disasters or other
unforeseen emergencies; provided that the effects of such natural disasters or emergencies
create an urgent need to pursue a course of action which is in the best interest
of the State; provided further that the use of such funds does not conflict with
general law; and provided
further that no funds shall be expended without a formal declaration of a natural
disaster or emergency by the governor."
(11)
By adding a new section to read as follows:
"SECTION
XX.
No appropriation authorized in this Act for expenditure by a political
subdivision of this State shall be considered to be a mandate to undertake new programs
or to increase the level of services under existing programs of that political subdivision. If any appropriation authorized in this Act constitutes
such a mandate within the provisions of section 5 of article VIII of the Hawaii
State Constitution, such authorization shall be void and, in the case of capital
improvement appropriations designated to be financed from the general obligation
bond fund, the total general obligation bonds authorized for such projects shall
be correspondingly decreased."
(12)
By adding a new section to read as follows:
"SECTION
XX. In the event the State should
assume the direct operation of any non‑governmental agency receiving state
funds under the provisions of this Act, all such funds shall constitute a credit
to the State against the costs of acquiring all or any portion of the property,
real, personal, or mixed, of such non‑governmental agency. This credit shall be applicable regardless of
when such acquisition takes place."
(13)
By adding a new section to read as follows:
"SECTION XX. Any provision of this Act to the contrary notwithstanding,
the federal fund or other federal fund appropriations made for operating costs authorized
under this Act shall not lapse at the end of the fiscal year for which the appropriation
is made; provided that all federal fund or other federal fund appropriations made
to be expended in fiscal year 2023‑2024 which are unencumbered as of June
30, 2026, shall lapse as of that date and fiscal year 2024‑2025 which are
unencumbered as of June 30, 2027, shall lapse as of that date."
(14)
By adding a new section to read as follows:
"SECTION
XX.
If unanticipated federal funding cutbacks diminish or curtail essential,
federally‑funded state programs, the governor may utilize savings as determined
to be available from other state programs for the purpose of maintaining such programs
until the next legislative session."
(15)
By adding a new section to read as follows:
"SECTION
XX.
The governor may approve the expenditure of all federal funds that are
in excess of levels authorized by the legislature; provided further that the governor
may allow for an increase in the appropriate federal fund authorization ceiling
for the program to accommodate the expenditure of such funds."
(16)
By adding a new section to read as follows:
"SECTION
XX.
Any provision of this Act to the contrary notwithstanding, the governor
may approve the extension of the lapse dates for federal fund or other federal fund
appropriations and appropriations of other means of financing, except general funds,
deemed necessary to qualify for federal aid financing and/or reimbursement, provided
in this Act or authorized by the governor pursuant to section XX of this Act as
necessary to meet the intent of the federal grant awards."
(17)
By adding a new section to read as follows:
"SECTION
XX.
Where an agency is authorized to secure funds or other property from private
organizations or individuals to be expended or utilized in connection with any authorized
program, the agency, with the governor's approval, may enter into such undertaking,
provided that the provisions of the undertaking comply with applicable state constitutional
and statutory requirements."
(18)
By adding a new section to read as follows:
"SECTION
XX.
Except as otherwise provided by general law, negotiations for the purchase
of land by state agencies shall be subject to the approval of the governor and the
department of land and natural resources, or other appropriate agency; provided
that private lands may be acquired for the purpose of exchange
for federal lands when the department of land and natural resources and the governor
determine that such acquisition and exchange are necessary for the completion of
any project specifically authorized by this Act."
(19)
By adding a new section to read as follows:
"SECTION
XX.
Except as otherwise provided, or except as prohibited by specific grant
conditions, all federal or non‑general fund reimbursements received by state
programs shall be returned to the general fund or fund of originating expenses."
(20)
By adding a new section to read as follows:
"SECTION
XX.
Unless otherwise provided in this Act, the governor is authorized to transfer
operating funds between appropriations within the same fund, within an expending
agency, for operating purposes."
(21)
By adding a new section to read as follows:
"SECTION
XX.
Except as otherwise provided in this Act, each department or agency is
authorized to transfer positions within its respective authorized position ceiling
for the purpose of maximizing the utilization of personnel resources and staff productivity;
provided that all such
actions shall be with the prior approval of the governor and shall be consistent
with appropriations provided in this Act and with provisions of part II of chapter
37, Hawaii Revised Statutes."
(22)
By adding a new section to read as follows:
"SECTION
XX.
Any law or provision to the contrary notwithstanding, in expending funds
for social welfare programs, education programs, and other programs and agencies
having appropriations that are based on population and workload data as specified
in the executive budget document, only so much as is necessary to provide the level
of services intended by the legislature shall be expended. Affected agencies shall reduce expenditures below
appropriations under procedures prescribed by the department of budget and finance
in the event actual population and workload trends are less than the figures projected."
(23)
By adding a new section to read as follows:
"SECTION
XX.
With the approval of the governor, agencies that use appropriations authorized
in part II of this Act for audit services may delegate that responsibility and transfer
funds to the internal post audit program (AGS104), when it is determined by such
agencies that it is advantageous to do so."
(24)
By adding a new section to read as follows:
"SECTION
XX.
The department of human services is authorized to enter into agreements
with the department of health to furnish outpatient, hospital, and skilled nursing
home care of indigents or medical indigents and to pay the department of health
for such care; provided that with the approval of the director of finance, the department
of health may deposit part of such receipts into the appropriations from which transfers
were made as provided elsewhere in this Act."
(25)
By adding a new section to read as follows:
"SECTION
XX.
Provided that of the appropriation for each principal state department
as defined by section 26‑4, Hawaii Revised Statutes, the sum of $2,500 in
fiscal year 2024‑2025 shall be made available in each department to be established
as a separate account for a protocol fund to be expended at the discretion of the
executive head of the department or agency (i.e., director, chairperson, comptroller,
adjutant general, superintendent, president, or attorney general)."
(26)
By adding a new section to read as follows:
"SECTION
XX.
Provided that of the general fund appropriation for Hawaii state public
library system (EDN407), the sum of $2,500 for fiscal year 2024‑2025 may be
used to establish a separate protocol account to be expended at the discretion of
the state librarian."
(27)
By adding a new section to read as follows:
"SECTION
XX.
Provided that of the general fund appropriation for financial administration
(BUF115), the sum of $4,000 for fiscal year 2024‑2025 may be used to establish
a separate protocol account to be expended at the discretion of the director of
finance for the promotion and improvement of state bond ratings and sales."
(28) By adding a new section to read as follows:
"SECTION
XX. Provided that of the special fund appropriation
for spectator events and shows – aloha stadium (BED180), the sum of $2,500 for fiscal
year 2024‑2025 may be expended at the discretion of the stadium manager for
stadium‑related purposes."
(29)
By adding a new section to read as follows:
"SECTION
XX.
Except as otherwise provided, the appropriation for the office of the
governor (GOV100) shall be expended at the discretion of the governor."
(30)
By adding a new section to read as follows:
"SECTION
XX.
Except as otherwise provided, the appropriation for the office of the
lieutenant governor (LTG100) shall be expended at the discretion of the lieutenant
governor."
(31)
By adding a new section to read as follows:
"SECTION
XX. The director of finance is authorized to expend
general fund, special fund, and revolving fund savings or balances determined to
be available from authorized general fund, special fund, and revolving fund program
appropriations, up to an aggregate total of $20,000,000 for fiscal year 2024‑2025,
for municipal lease payments under financing agreements entered into pursuant to
chapter 37D, Hawaii Revised Statutes, to finance the acquisition of depreciable
assets, including, but not limited to, automobiles, computers, printers, and telecommunications
equipment; provided that designated expending agencies (including the department
of education and the University of Hawaii) for municipal lease payments and for
depreciable assets, including, but not limited to, automobiles, computers, printers,
and telecommunications equipment authorized in this Act may delegate to the director
of finance the implementation of such acquisitions when it is determined by all
involved agencies that it is advantageous to do so."
(32)
By adding a new section to read as follows:
"SECTION XX. Notwithstanding any
provision in part III of this Act, the governor is authorized to transfer savings
or unrequired balances as may be available of general funds from any program in
this Act to supplement the department of land and natural resources' fire‑fighter's
contingency fund; provided that these funds shall be used to prevent, control, and
extinguish wildland fires within forest reserves, public hunting areas, wildlife
and plant sanctuaries, and natural area reserves, and to fulfill mutual aid agreements in cooperation with fire control
agencies of the counties and federal government."
(33) By adding a new section to read as follows:
"SECTION XX. Provided that the director
of finance shall ensure that non-facility per pupil general fund amounts allocated
for department of education and charter school students are equal on an annualized
fiscal year basis; provided further that, for the purposes of this section, all
general fund appropriations for school-based budgeting (EDN100), instructional support
(EDN200), state administration (EDN300), and school support (EDN400) shall be considered
non-facility appropriations for the department of education; provided further that
for the purposes of this section, the general fund appropriation for charter schools
(EDN600) shall be considered the non‑facility appropriation for charter schools;
provided further that, for
the purposes of this section, all grant appropriations issued pursuant to chapter
42F, Hawaii Revised Statutes, shall be excluded from non-facility appropriations
for the department of education and charter schools;
and provided further that, notwithstanding any other law
to the contrary, for fiscal year 2024‑2025, the director of finance shall:
(1) Determine
the sum of general fund appropriations made for the department of education and
charter school student non‑facility costs;
(2) Determine
the sum of department of education and charter school student enrollment based upon
verified actual student enrollment counts as of October 15;
(3) Determine
a per pupil amount by dividing the sum of general fund appropriations determined
under paragraph (1) by the sum of student enrollment determined under paragraph
(2);
(4) Transfer
a general fund amount between the department of education and charter schools prior
to November 1, 2024, respectively, that will provide each with a per pupil allocation
equal to the amount determined on an annualized fiscal year basis under paragraph
(3); and
(5) Account
for all calculations and transfers made pursuant to this section in a report to
the legislature, governor, department of education, and charter schools within ten
days of any transfer made pursuant to this section."
SECTION 9.
If any portion of this Act or its application to any person, entity, or circumstance
is held to be invalid for any reason, then the legislature declares that the remainder
of the Act and each and every other provision thereof shall not be affected thereby. If any portion of a specific appropriation is
held to be invalid for any reason, the remaining portion shall be expended to fulfill
the objective of such appropriation to the extent possible.
SECTION 10.
In the event manifest clerical, typographical or other mechanical errors
are found in this Act, the governor is hereby authorized to correct such errors.
SECTION 11.
Nothing in this Act shall affect the validity or continuing effectiveness
of any provisions of Act 164, Session Laws of Hawaii 2023, not repealed or modified
by this Act.
SECTION 12. Material to be repealed is bracketed and stricken. New statutory material is underscored. In printing this Act, the revisor of statutes need not include the bracketed material or the underscoring.
SECTION 13. This Act shall take effect upon its approval.
INTRODUCED BY: |
_____________________________ |
|
BY REQUEST |
Report Title:
State Budget
Description:
Adjusts and requests appropriations for fiscal biennium 2023‑2025 funding requirements for operations and capital improvement projects of Executive Branch agencies and programs.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.