SENATE FLOOR AMENDMENT

 

FLOOR AMENDMENT NO. 7 DATE: 04-09-02

TO: H.B. No. 2827, H.D. 1, S.D. 1

 

SECTION 1. House Bill No. 2827, H.D. 1, S.D. 1, is amended as follows:

1. By amending Section 2 of the bill to read as follows:

"SECTION 2. Chapter 37, part III, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:

"§37-     General funds encumbered for more than one fiscal year. (a) Encumbered general funds:

(1) Determined by the department to be the excess difference between the actual cost of a project, contract, or purchase, and the purpose for which the funds were originally encumbered; or

(2) Not expended within the fiscal year succeeding the fiscal year of the original encumbrance on the purpose for which the funds were originally encumbered,

shall lapse into the general fund. The department shall include in its executive budget request, a detailed listing of all moneys subject to this section and the amounts lapsed into the general fund. This section shall not apply to funds encumbered by the department of education or for court imposed mandates.

(b) For the purposes of this section, "excess difference" means the amount of funds remaining from an original encumbrance of funds after the actual cost of the project, contract, or purchase has been subtracted.

§37-     Criteria for the establishment and continuance of special funds. Special funds shall only be established pursuant to an act of the legislature. The legislature, in establishing or reviewing a special fund to determine whether it should be continued, shall ensure that the special fund:

(1) Serves the purpose for which it was originally established;

 

(2) Reflects a clear nexus between the benefits sought and charges made upon the users or beneficiaries of the program, as opposed to serving primarily as a means to provide the program or users with an automatic means of support that is removed from the normal budget and appropriation process;

(3) Provides an appropriate means of financing for the program or activity; and

(4) Demonstrates the capacity to be financially self- sustaining.

§37-     Criteria for the establishment and continuance of revolving funds. Revolving funds shall only be established pursuant to an act of the legislature. The legislature, in establishing or reviewing a revolving fund to determine whether it should be continued, shall ensure that the revolving fund:

(1) Serves the purpose for which it was originally established;

(2) Reflects a clear nexus between the benefits sought and charges made upon the users or beneficiaries of the program, as opposed to serving primarily as a means to provide the program or users with an automatic means of support that is removed from the normal budget and appropriation process;

(3) Provides an appropriate means of financing for the program or activity; and

(4) Demonstrates the capacity to be financially self- sustaining.""

2. By amending Section 61 of the bill to read as follows:

"SECTION 61. This Act shall take effect on July 1, 2050."

 

 

 

 

 

 

 

Offered by:

( ) Carried

 

( ) Failed to Carry

 

( ) Withdrawn