REPORT TITLE:
Federal Revenue Maximization


DESCRIPTION:
Establishes a Washington, D.C., program for federal revenue
maximization within the Research Corporation of the University of
Hawaii to secure eligible federal funds and grants for state
programs.  Makes permanent the interagency federal revenue
maximization revolving fund.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        426
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO FUNDS.



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

 1      SECTION 1.  The legislature finds that there is a need for
 
 2 the creation of an agency within state government to aggressively
 
 3 seek federal dollars on behalf of state programs.  For many of
 
 4 these programs, including various child welfare and other social
 
 5 services programs, there is a very limited time frame to secure
 
 6 emergency assistance and other funding available under applicable
 
 7 federal laws, such as the Social Security Act, much of which is
 
 8 available on a matching basis with state funds.  Moreover, some
 
 9 of these federal funds are limited not only in terms of the time
 
10 in which they may be sought but also in amount, as Congress has
 
11 considered imposing an upper limit on the amount of certain funds
 
12 available to the states, as well as setting other restrictions on
 
13 fund availability.
 
14      In addition, the legislature finds that the current
 
15 piecemeal approach to obtaining new federal funds and grants is
 
16 often counterproductive.  Some departments, acting individually,
 
17 are unable to compete with their mainland counterparts, which
 
18 either serve larger population bases or have pooled their
 
19 resources to maximize the target populations that they serve.
 

 
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 1 The legislature finds that departments in Hawaii should similarly
 
 2 pool together their resources and grant applications to
 
 3 strengthen their positions relative to these mainland
 
 4 departments.  Multi-agency grant applications will prevent
 
 5 Hawaii's agencies from competing among themselves and avoid a
 
 6 piecemeal approach to obtaining federal funding.
 
 7      In the 1995 special session, the legislature created an
 
 8 interagency federal revenue maximization revolving fund, codified
 
 9 as section 29-24, Hawaii Revised Statutes, to be used to
 
10 aggressively pursue, collect, and distribute additional federal
 
11 fund reimbursements.  That fund, which allowed for the retention
 
12 of the services of certified public accountants and other
 
13 consultants to pursue and collect federal fund reimbursements,
 
14 will be repealed on June 30, 1999, and all unobligated,
 
15 unencumbered, or unexpended funds remaining in the fund as of
 
16 that date are to revert to the state general fund.  Upon the
 
17 termination of that fund, there will be no statutorily authorized
 
18 interagency effort to pursue federal funds.
 
19      The legislature finds that there is a need for the
 
20 establishment of a permanent executive department program to
 
21 serve this important function.  The creation of a program office
 
22 will have several advantages over the current system.  First, it
 

 
 
 
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 1 will consolidate the time-consuming but necessary functions of
 
 2 applying for federal funds by integrating and unifying all
 
 3 administrative and paperwork requirements into one agency that
 
 4 has already established an expertise in seeking grant funding.
 
 5 In addition, it will allow persons to draw on the knowledge of
 
 6 persons in program areas from various state departments and
 
 7 agencies in Hawaii to quickly identify which federal and private
 
 8 funds are available for these programs and to actively pursue
 
 9 these funds on a timely basis.  Finally, and perhaps most
 
10 importantly, establishing such a program will free up various
 
11 departmental personnel to allow them to concentrate their efforts
 
12 on other urgent concerns affecting their respective departments.
 
13      The legislature further finds that there is an insufficient
 
14 presence of Hawaii's interests in Washington, D.C., to better
 
15 coordinate the State's efforts in pursuing federal funding,
 
16 follow up on applications to federal agencies on behalf of the
 
17 respective departments, and provide an early alert to
 
18 opportunities to appropriate offices.  A program for federal
 
19 revenue maximization will enlarge this presence, will work
 
20 closely with Hawaii's congressional delegation, and will provide
 
21 greater cost-efficiency in coordinating the routine paperwork and
 
22 miscellaneous functions associated with pursuing federal grants
 

 
 
 
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 1 that are currently being provided by high-priced Washington
 
 2 lobbyists that are contracted by individual departments.
 
 3      Finally, the legislature finds that the new program created
 
 4 by this Act should be placed within the Research Corporation of
 
 5 the University of Hawaii, which already contains the existing
 
 6 infrastructure to handle the type of work specified in this Act.
 
 7 In addition, the research corporation is excepted from the state
 
 8 procurement code, civil service and compensation laws, and other
 
 9 relevant laws under section 307-4, Hawaii Revised Statutes.  The
 
10 research corporation will receive five per cent of the amount of
 
11 funds obtained with the assistance of the research corporation as
 
12 processing fees.
 
13      The purpose of this Act is therefore to establish a program
 
14 for federal revenue maximization to be placed within the Research
 
15 Corporation of the University of Hawaii, in order to secure both
 
16 federal reimbursements and new moneys and grants for any
 
17 applicable state program.  In addition, this Act makes permanent
 
18 the interagency federal revenue maximization revolving fund.
 
19      SECTION 2.  Chapter 307, Hawaii Revised Statutes, is amended
 
20 as follows:
 
21      1.  By designating sections 307-1 to 307-10 as part I and
 
22 inserting a title before section 307-1 to read:
 

 
 
 
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 1                   "PART I.  GENERAL PROVISIONS"
 
 2      2.  By adding a new part to be appropriately designated and
 
 3 to read as follows:
 
 4        "PART  .  PROGRAM FOR FEDERAL REVENUE MAXIMIZATION
 
 5      �307-A  Definitions.  As used in this part, unless the
 
 6 context otherwise requires:
 
 7      "Agency" means a state department, board, commission,
 
 8 office, or other state entity, including the judicial branch of
 
 9 state government.
 
10      "Director" means the director of the program for federal
 
11 revenue maximization.
 
12      "Federal funds" means all assistance provided or potentially
 
13 available to state agencies from the federal government in the
 
14 form of grants, matching funds, reimbursements, contracts, loans,
 
15 loan guarantees, property, cooperative agreements, interest
 
16 subsidies, insurance, direct appropriations, or any other method
 
17 of disbursement pursuant to any federal act, regulation, order,
 
18 or other federal law.
 
19      "Program" means the program for federal revenue maximization
 
20 established by this part.
 
21      "Research corporation" means the Research Corporation of the
 
22 University of Hawaii.
 

 
 
 
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 1      �307-B  Program for federal revenue maximization
 
 2 established.(a)  There is established the program for federal
 
 3 revenue maximization within the Research Corporation of the
 
 4 University of Hawaii.  The program shall be located in
 
 5 Washington, District of Columbia; provided that there shall be
 
 6 sufficient personnel located in Hawaii to coordinate the local
 
 7 activities of the program.
 
 8      (b)  The governor shall appoint, without regard to chapters
 
 9 76 and 77, a director of the program who shall serve at the
 
10 pleasure of the governor.  The director's salary shall be within
 
11 the range of salaries paid to deputy directors of the departments
 
12 of the state government.  The director shall be a member of the
 
13 state employees' retirement system and shall be eligible to
 
14 receive the benefits of any state or federal employee benefit
 
15 program generally applicable to officers and employees of the
 
16 State.
 
17      (c)  The director shall have expertise in applying for
 
18 federal funds for state programs.  The director shall hire,
 
19 without regard to chapter 76 and 77, persons having an expertise
 
20 in applying for federal grant funding.  Personnel from other
 
21 agencies may be temporarily transferred to the program pursuant
 
22 to section 307-F as may be needed to assist the program.
 

 
 
 
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 1      (d)  The director, by contracts entered into without regard
 
 2 to chapter 103D, may retain the services of certified public
 
 3 accountants and other consultants, including a pool of
 
 4 professional grant writers pursuant to sections 307-I and 307-J,
 
 5 to pursue and collect federal funds, and perform other duties
 
 6 necessary to administer this part.  At the option of the
 
 7 comptroller, consultants retained by contract under this
 
 8 subsection may be compensated:
 
 9      (1)  On a fixed-price basis;
 
10      (2)  On an hourly rate basis with or without a fixed cap; or
 
11      (3)  Through a contingent fee arrangement specified in the
 
12           contract.
 
13      �307-C  Duties of the program.  The purpose of the program
 
14 shall be to secure federal funds for any applicable state
 
15 program.  To achieve this purpose, the program shall:
 
16      (1)  Serve as the principal program in state government
 
17           responsible for applying for and maximizing federal
 
18           funds;
 
19      (2)  Serve as the State's clearinghouse for information on
 
20           federal funds;
 
21      (3)  Serve as an "early alert" on opportunities for
 
22           obtaining federal funds to appropriate state agencies
 

 
 
 
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 1           by monitoring the federal register and other federal
 
 2           publications to identify federal funding opportunities,
 
 3           with special emphasis on discretionary grants or other
 
 4           funding opportunities that the State is not pursuing;
 
 5      (4)  Develop procedures to formally notify appropriate state
 
 6           and county agencies of the availability of federal
 
 7           funds;
 
 8      (5)  Coordinate all state efforts in applying for federal
 
 9           funds;
 
10      (6)  Pool resources of all applicable state departments and
 
11           agencies, as necessary;
 
12      (7)  Monitor federal compliance, including following-up with
 
13           applicable federal agencies on behalf of state
 
14           departments;
 
15      (8)  Serve as liaison between the state and federal
 
16           governments with respect to federal funds;
 
17      (9)  Work with county agencies and local communities in
 
18           determining local needs;
 
19     (10)  Periodically review the funding strategies and methods
 
20           of those states that rank significantly above the
 
21           national average in the per capita receipt of federal
 
22           funds to determine whether those strategies and methods
 

 
 
 
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 1           could be successfully employed by this State;
 
 2     (11)  Analyze proposed and pending federal and state
 
 3           legislation to determine whether the legislation would
 
 4           have a significant negative effect on the State's
 
 5           ability to receive an equitable share of federal funds;
 
 6     (12)  Adopt rules pursuant to chapter 91 as may be necessary
 
 7           to implement this part; and
 
 8     (13)  Do all other things necessary or proper to carry out
 
 9           the purposes of this part.
 
10      �307-D  Consortium of agencies; multi-agency applications.
 
11 The program, as appropriate, shall provide for the pooling of all
 
12 applicable agency applications for federal funds into one or more
 
13 multi-agency applications to maximize the target populations that
 
14 are served by those agencies in applying for federal funds.
 
15      �307-E  Cooperation with the program; incentives;
 
16 expenditure of federal funds.(a)  All agencies shall cooperate
 
17 with the program in providing such information as the program
 
18 deems necessary for the effective discharge of its duties.
 
19      (b)  All agencies, to the greatest extent feasible, shall
 
20 work with the program to actively seek all federal funds
 
21 available to the State.  As an incentive to agencies to work with
 
22 the program in aggressively pursuing federal funds, the program
 

 
 
 
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 1 shall establish a special account in the interagency federal
 
 2 revenue maximization revolving fund for each agency that works
 
 3 with the program in accordance with criteria established by the
 
 4 program, into which shall be deposited one hundred per cent of
 
 5 all federal funds received by the State for the particular
 
 6 program or programs administered by that agency.  The agency may
 
 7 expend federal funds so received for the purposes of the program
 
 8 or programs administered by that agency, except as otherwise
 
 9 provided by law; provided that the research corporation shall be
 
10 entitled to receive up to five per cent of the amounts deposited
 
11 in each such special account to reimburse the research
 
12 corporation for processing and related costs.  Only those federal
 
13 funds obtained by the program shall be eligible for the incentive
 
14 provided in this subsection.
 
15      (c)  Before an agency may expend federal funds as provided
 
16 in subsection (b), the head of the department of which the agency
 
17 is a part or attached to for administrative purposes shall
 
18 certify to the comptroller that the funds to be expended are
 
19 federal funds.
 
20      (d)  All unexpended and unencumbered moneys remaining in
 
21 each special account established under subsection (b) at the
 
22 close of each fiscal year, which are deemed by the director of
 

 
 
 
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 1 finance to be in excess of the moneys necessary to carry out the
 
 2 purposes of the program or programs in question over the next
 
 3 following fiscal year, shall lapse to the credit of the state
 
 4 general fund.
 
 5      (e)  Notwithstanding any law to the contrary, federal funds
 
 6 obtained by any state agency shall not be used and are not
 
 7 intended to supplant any other moneys previously allocated to the
 
 8 agency for any existing agency programs, or regularly
 
 9 appropriated to the agency for such purposes.
 
10      �307-F  Temporary transfer of government personnel.(a)  In
 
11 order to take advantage of the expertise in various program areas
 
12 in applying for federal funds, which may be needed by the program
 
13 from time to time and which is available within various state
 
14 government agencies, the director may arrange for temporary
 
15 transfers for personnel from other state agencies into the
 
16 program for periods not exceeding one year.  These employees
 
17 shall receive their regular salary from the program during the
 
18 transfer period and shall have the right to return to their
 
19 position at the termination of the transfer period.
 
20      (b)  No officer or employee of the State having tenure shall
 
21 suffer any loss of salary, seniority, prior service credit,
 
22 vacation, sick leave, or other employee benefit or privilege as a
 

 
 
 
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 1 consequence of being temporarily transferred to the program.
 
 2      (c)  In the event that an office or position held by an
 
 3 officer or employee having tenure is abolished prior to the
 
 4 officer's or employee's return to their former position, the
 
 5 officer or employee shall not thereby be separated from public
 
 6 employment, but shall remain in the employment of the State with
 
 7 the same pay and classification and shall be transferred to some
 
 8 other office or position for which the officer or employee is
 
 9 eligible under the personnel laws of the State as determined by
 
10 the head of the department or the governor.
 
11      �307-G Report.  The program shall annually prepare a
 
12 comprehensive report to the legislature on the effectiveness of
 
13 the State's efforts to ensure receipt of an equitable share of
 
14 federal funds for the preceding federal fiscal year.  The report
 
15 shall include:
 
16      (1)  An executive summary that provides an overview of the
 
17           major findings and recommendations included in the
 
18           report;
 
19      (2)  A comparative analysis of the State's receipt of
 
20           federal funds relative to other states, prepared using
 
21           the best available sources of data;
 
22      (3)  An analysis of federal funding trends that may have a
 

 
 
 
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 1           significant effect on resources available to the State;
 
 2      (4)  A description of any instances in which the State or a
 
 3           state agency has not pursued available opportunities to
 
 4           receive federal funds or earned federal funds and the
 
 5           reason for the failure to pursue the opportunity; and
 
 6      (5)  Recommendations, developed in consultation with the
 
 7           comptroller, for any state legislative or
 
 8           administrative action necessary to increase the State's
 
 9           receipt of federal funds, enhance the recovery of
 
10           indirect costs, or otherwise improve the State's
 
11           management of federal funds.
 
12      �307-H Federal funds coordinators; agency reports.(a)
 
13 Each state agency shall designate an employee on the management
 
14 or senior staff level to serve as the agency's federal funds
 
15 coordinator.  An agency may not create a staff position for a
 
16 federal funds coordinator.  The coordinator's duties are
 
17 additional duties of an employee of the agency.  Each federal
 
18 funds coordinator shall:
 
19      (1)  Oversee and coordinate the agency's efforts in
 
20           acquiring federal funds;
 
21      (2)  Send the program a quarterly report listing the grants
 
22           for which the agency has applied and listing the
 

 
 
 
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 1           catalogue of federal domestic assistance number and
 
 2           giving a short description of the grant; and
 
 3      (3)  Notify the program of the award or denial of a federal
 
 4           grant to the agency.
 
 5      (b)  Each state agency or institution shall file an annual
 
 6 report with the program concerning the agency's efforts in
 
 7 acquiring available federal funds during the preceding state
 
 8 fiscal year.  The program shall establish guidelines for
 
 9 information included in the annual report required by this
 
10 section.  The program shall evaluate the effectiveness of each
 
11 agency in acquiring federal funds and shall report to the
 
12 governor and the legislature.
 
13      �307-I Grant writing team.  The director shall establish a
 
14 grant writing team in the program, which shall:
 
15      (1)  Develop a plan for increased access by the State to
 
16           available federal funds; and
 
17      (2)  Coordinate with other state agencies to develop a plan
 
18           for the use of federal grant funds.
 
19      �307-J Grant information.  The program may:
 
20      (1)  Establish a clearinghouse of information relating to
 
21           the availability of federal funds;
 
22      (2)  Establish an automated information system data base for
 

 
 
 
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 1           grant information and make it available for use by
 
 2           state agencies and counties;
 
 3      (3)  Provide counseling to state agencies, counties,
 
 4           nonprofit charitable institutions, educational
 
 5           institutions, and residents of the State relating to
 
 6           the availability and means of obtaining federal funds;
 
 7      (4)  Provide or enter contracts without regard to chapter
 
 8           103D with appropriate entities to provide assistance in
 
 9           writing grant proposals to individuals and through
 
10           workshops and institutional assistance;
 
11      (5)  Publicize the services and activities of the grant
 
12           writing team through chambers of commerce, councils of
 
13           government, department newsletters, county governments,
 
14           state agencies, institutions of higher education,
 
15           business organizations, private philanthropic
 
16           organizations, and other appropriate entities and
 
17           methods;
 
18      (6)  Maintain a list of approved grant managers for grant
 
19           projects that require grant managers; and
 
20      (7)  Analyze the criteria for grants for which state
 
21           agencies are denied access because of state law or
 
22           rules or agency organization and suggest to an affected
 

 
 
 
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 1           state agency changes in rules or organization that
 
 2           would increase the probability of the agency's
 
 3           receiving federal or other grants.
 
 4      �307-K Fees.  When appropriate, the program shall charge
 
 5 and collect fees from persons, other than state or county
 
 6 agencies, who use the grant writing team's services and who
 
 7 receive a grant.  The fees shall be set in amounts necessary to
 
 8 cover all or a part of the costs of carrying out this part."
 
 9      SECTION 3.  Section 29-14, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "�29-14  Boards, etc., may accept funds, comply with federal
 
12 acts.  Except as provided in chapter 307, part  , and as
 
13 otherwise provided by law, any board, commission, department, or
 
14 officer of the State may accept and receive on behalf of the
 
15 State, and receipt for, any and all grants or allotments of
 
16 federal-aid moneys made available to the State by or pursuant to
 
17 an act of Congress, and enter into or make such plan, agreement,
 
18 or other arrangement with the agency designated by the act of
 
19 Congress as is necessary to carry out the purposes of the Act;
 
20 provided that if as a condition to receiving the federal-aid
 
21 moneys it is necessary to match all or any part of the grant or
 
22 allotment with state moneys no plan, agreement, or arrangement
 

 
 
 
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 1 may be entered into unless the board, commission, department, or
 
 2 officer has under its or the officer's control moneys which may
 
 3 be expended lawfully for the purpose.
 
 4      The governor may transfer funds from the department of
 
 5 health to the department of human services and from the
 
 6 department of human services to the department of labor and
 
 7 industrial relations to obtain additional federal funds for
 
 8 medical assistance under Title XIX of the Social Security Act, as
 
 9 amended, and the work incentive program.  The governor may also
 
10 transfer funds from one department to another for the purpose of
 
11 obtaining federal matching grants and allotments; provided that
 
12 the state moneys have been appropriated for the purpose for which
 
13 federal grants and allotments may be obtained."
 
14      SECTION 4.  Section 29-24, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "�29-24  Interagency federal revenue maximization revolving
 
17 fund.  (a)  There is established in the state treasury an
 
18 interagency federal revenue maximization revolving fund into
 
19 which shall be deposited all proceeds collected from the federal
 
20 government and third-party payors for reimbursable costs not
 
21 previously claimed by the State, with the exception of proceeds
 
22 collected for services provided by the Hawaii health systems
 

 
 
 
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 1 corporation, for reimbursement by federally-funded state
 
 2 programs[.], including any federal funds for any applicable state
 
 3 program secured by the program for federal revenue maximization
 
 4 pursuant to part     of chapter 307.  For purposes of this
 
 5 chapter, federally-funded state programs include but shall not be
 
 6 limited to those federally-funded programs within the departments
 
 7 of human services, education, and health.
 
 8      (b)  Expenditures and transfers from the fund shall be made
 
 9 by the comptroller in proportional allocations established by the
 
10 comptroller and the director of finance.  Transfers shall be made
 
11 to the department claiming the reimbursement for expenses
 
12 incurred related to federal fund reimbursement claims and to the
 
13 general fund of the State[.]; provided that if federal funds are
 
14 earmarked for more than one agency, as defined in section 307-A,
 
15 these funds shall be:
 
16      (1)  Allocated to the departments or agencies in accordance
 
17           with a joint expenditure plan to be approved by the
 
18           director prior to the expenditure of any federal funds;
 
19           or
 
20      (2)  In the absence of such a plan, divided equally among
 
21           the respective departments or agencies.
 
22 The affected departments and agencies shall be held jointly
 

 
 
 
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 1 accountable for all expenditures.  Moneys in the fund may be
 
 2 expended for consultant services rendered under [subsection (b).]
 
 3 section 307-B(d).
 
 4      [(b)  Notwithstanding any other law to the contrary, the
 
 5 comptroller, by contract, may retain the services of certified
 
 6 public accountants and other consultants to pursue and collect
 
 7 federal fund reimbursements, and perform other duties necessary
 
 8 to administer this section.  At the option of the comptroller,
 
 9 consultants retained by contract under this subsection may be
 
10 compensated on:
 
11      (1)  A fixed-price basis;
 
12      (2)  An hourly rate basis with or without a fixed cap; or
 
13      (3)  Through a contingent fee arrangement specified in the
 
14           contract.
 
15 Such compensation shall be payable out of all sums the consultant
 
16 recovers for the State.
 
17      (c)  All unobligated, unencumbered, or unexpended funds
 
18 remaining in the interagency federal revenue maximization
 
19 revolving fund as of June 30, 1999, shall revert to the general
 
20 fund of the State.  Upon final disbursement of remaining balances
 
21 to the general fund on June 30, 1999, the interagency federal
 
22 revenue maximization revolving fund shall be terminated.
 

 
 
 
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 1      (d)] (c)  No later than twenty days prior to the convening
 
 2 of each regular session of the legislature, the comptroller shall
 
 3 submit to the legislature a report including the following
 
 4 information:
 
 5      (1)  Itemized amounts of all federal reimbursements[;] and
 
 6           other federal funds;
 
 7      (2)  Description and amounts of all expenses incurred by the
 
 8           fund;
 
 9      (3)  Method of compensation and amounts of compensation for
 
10           all certified public accountants and other consultants
 
11           retained by the comptroller to pursue and collect
 
12           federal fund reimbursements and other federal funds and
 
13           perform other duties necessary to administer this
 
14           section;
 
15      (4)  Method of determining allocation of funds;
 
16      (5)  Amounts allocated by the comptroller; and
 
17      (6)  Fund balances."
 
18      SECTION 5.  Act 11, Special Session Laws of Hawaii 1995, is
 
19 amended by amending section 15 to read as follows:
 
20      "SECTION 15.  This Act shall take effect on July 1, 1995;
 
21 provided that:
 
22      (1)  Section 10 shall take effect on June 29, 1995; and
 

 
 
 
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 1      (2)  Sections 3, 4, and 8 shall take effect on July 1,
 
 2           1996[; and
 
 3      (3)  Section 2 shall be repealed on June 30, 1999]."
 
 4      SECTION 6.  In codifying the new part added to chapter 307,
 
 5 Hawaii Revised Statutes, by section 2 of this Act, the revisor of
 
 6 statutes shall substitute appropriate section numbers for letters
 
 7 used in the designation of new sections in that part.
 
 8      SECTION 7.  It is the intent of this Act not to jeopardize
 
 9 the receipt of any federal aid nor to impair the obligation of
 
10 the State or any agency thereof to the holders of any bond issued
 
11 by the State or by any such agency, and to the extent, and only
 
12 to the extent, necessary to effectuate this intent, the governor
 
13 may modify the strict provisions of this Act, but shall promptly
 
14 report any such modification with reasons therefor to the
 
15 legislature at its next session thereafter for review by the
 
16 legislature.
 
17      SECTION 8.  There is appropriated out of the general
 
18 revenues of the State of Hawaii the sum of $          , or so
 
19 much thereof as may be necessary for fiscal year 1999-2000, for
 
20 the establishment of the program of federal revenue maximization
 
21 as provided in this Act.  The sum appropriated shall be expended
 
22 by the department of business, economic development, and tourism
 

 
 
 
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 1 for the purposes of this Act.
 
 2      SECTION 9.  Statutory material to be repealed is bracketed.
 
 3 New statutory material is underscored.
 
 4      SECTION 10.  This Act shall take effect on June 29, 1999.