Report Title:
Department of Education budget; constitutional amendments.
Description:
Proposes constitutional amendments to separate the DOE budget from the Executive budget, prohibit the governor from vetoing line items in the DOE budget, and prohibit the governor from restricting appropriated funds to the DOE.
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THE SENATE |
S.B. NO. |
2101 |
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TWENTY-FIRST LEGISLATURE, 2002 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
proposing a new section in article x, and amendments to Article iii, section 16, and article vii, section 8 of the hawaii constitution to give the department of education greater autonomy in budgetary matters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to provide the department of education (DOE) greater autonomy in budgetary matters by proposing amendments to the State Constitution that:
(1) Prohibit the governor from restricting funds that have been appropriated to DOE;
(2) Prohibit the line-item veto of appropriations to DOE; and
(3) Require the DOE budget to be submitted separately from the executive budget.
SECTION 2. Article X of the Constitution of the State of Hawaii is amended by adding a new section to read as follows:
"DEPARTMENT OF EDUCATION; EXPENDITURES
Section . The governor shall not restrict the release of moneys appropriated to the department of education. All appropriations to the department of education shall be made available to be expended in full by the department of education."
SECTION 3. Article III, section 16, of the Constitution of the State of Hawaii is amended to read as follows:
"APPROVAL OR VETO
Section 16. Every bill which shall have passed the legislature shall be certified by the presiding officers and clerks of both houses and shall thereupon be presented to the governor. If the governor approves it, the governor shall sign it and it shall become law. If the governor does not approve such bill, the governor may return it, with the governor's objections to the legislature. Except for items appropriated to be expended by the judicial and legislative branches[,] or the department of education, the governor may veto any specific item or items in any bill which appropriates money for specific purposes by striking out or reducing the same; but the governor shall veto other bills, if at all, only as a whole.
The governor shall have ten days to consider bills presented to the governor ten or more days before the adjournment of the legislature sine die, and if any such bill is neither signed nor returned by the governor within that time, it shall become law in like manner as if the governor had signed it.
RECONSIDERATION AFTER ADJOURNMENT
The governor shall have forty-five days, after the adjournment of the legislature sine die, to consider bills presented to the governor less than ten days before such adjournment, or presented after adjournment, and any such bill shall become law on the forty-fifth day unless the governor by proclamation shall have given ten days' notice to the legislature that the governor plans to return such bill with the governor's objections on that day. The legislature may convene at or before noon on the forty-fifth day in special session, without call, for the sole purpose of acting upon any such bill returned by the governor. In case the legislature shall fail to so convene, such bill shall not become law. Any such bill may be amended to meet the governor's objections and, if so amended and passed, only one reading being required in each house for such passage, it shall be presented again to the governor, but shall become law only if the governor shall sign it within ten days after presentation.
In computing the number of days designated in this section, the following days shall be excluded: Saturdays, Sundays, holidays and any days in which the legislature is in recess prior to its adjournment as provided in section 10 of this article."
SECTION 4. Article VII, section 8, of the Constitution of the State of Hawaii is amended to read as follows:
"THE BUDGET
Section 8. Within such time prior to the opening of each regular session in an odd-numbered year as may be provided by law, the governor shall submit to the legislature a budget in a form provided by law setting forth a complete plan of proposed expenditures of the executive branch, except for proposed expenditures of the department of education, estimates as provided by law of the aggregate expenditures of the judicial and legislative branches[,] and the department of education, and anticipated receipts of the State for the ensuing fiscal biennium, together with such other information as the legislature may require. A complete plan of proposed expenditures of the judicial branch for the ensuing fiscal biennium shall be submitted by the chief justice to the legislature in a form and within such time prior to the opening of each regular session in an odd-numbered year as shall be provided by law. A complete plan of proposed expenditures of the department of education for the ensuing fiscal biennium shall be submitted by the superintendent of education to the legislature in a form and within such time prior to the opening of each regular session in an odd-numbered year as shall be provided by law. The budget prepared by the governor and the [plan] plans of proposed expenditures prepared by the chief justice and the superintendent of education shall also be submitted in bill form. The governor shall also, upon the opening of each such session, submit bills to provide for such proposed expenditures and for any recommended additional revenues or borrowings by which the proposed expenditures are to be met. The proposed general fund expenditures in the plan of proposed expenditures, including estimates of the aggregate expenditures of the judicial and legislative branches[,] and the department of education, submitted by the governor shall not exceed the general fund expenditure ceiling established by the legislature under section 9 of this article; provided that proposed general fund expenditures in the plan may exceed such ceiling if the governor sets forth the dollar amount and the rate by which the ceiling will be exceeded and the reasons therefor."
SECTION 5. The question to be printed on the ballot shall be as follows:
"Shall the constitution be amended to give the department of education greater autonomy over budgetary matters?"
SECTION 6. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.
SECTION 7. This amendment shall take effect upon compliance with Article XVII, section 3, of the Constitution of the State of Hawaii.
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INTRODUCED BY: |
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