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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1412 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EDUCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 40-1, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) With respect to the executive
branch, except the University of Hawaii until June 30, 2016, the Hawaii tourism
authority, and the department of education [until June 30, 2015], the comptroller
shall have complete supervision of all accounts. The comptroller shall
preaudit all proposed payments of $10,000 or more to determine the propriety of
expenditures and compliance with executive orders and rules that may be in
effect. When necessary, the comptroller shall withhold approval of any
payment. Whenever approval is withheld, the department or agency concerned
shall be promptly notified. With respect to the University of Hawaii, the
Hawaii tourism authority, and the department of education, the comptroller
shall issue warrants for the release of funds for the operating costs of the
university, the Hawaii tourism authority, or the department of education, as
applicable, in amounts and at times mutually agreed upon by the governor or director
of finance and the university, the Hawaii tourism authority, or department of
education, as applicable; provided that:
(1) The amounts released shall not exceed the allotment ceilings for the respective funding sources of the university's or the department of education's appropriations established by the governor for an allotment period pursuant to section 37-34, or in the case of the Hawaii tourism authority, revenues received by the convention center enterprise special fund and the tourism special fund pursuant to section 237D-6.5; and
(2) The comptroller may issue warrants as an advance from the state treasury to the University of Hawaii, the Hawaii tourism authority, and the department of education to establish a checking account and provide working capital in amounts and at times mutually agreed upon by the governor or director of finance and the University of Hawaii, the Hawaii tourism authority, and the department of education.
The University of Hawaii and the department of education shall preaudit all proposed payments of $10,000 or more and shall preaudit samples of the population of proposed payments of less than $10,000; provided that the sample size comprises at least five per cent of the population, and is of a size that the chief financial officers of the University of Hawaii and the department of education, as applicable, determine appropriate, to determine the propriety of expenditures and compliance with applicable laws, executive orders, and rules. The Hawaii tourism authority shall preaudit all proposed payments to determine the propriety of expenditures and compliance with applicable laws, executive orders, and rules as may be in effect. The University of Hawaii, the Hawaii tourism authority, and the department of education shall make disbursements for operating expenses from the amounts released by the comptroller and maintain records and documents necessary to support those disbursements at times mutually agreed upon by the university president, the executive director of the Hawaii tourism authority, or the superintendent of education, as applicable, and the comptroller; provided that when requested by the university, the Hawaii tourism authority, or department of education, the comptroller shall make all disbursements for the university, the Hawaii tourism authority, or department of education, as applicable, subject to available allotment. Funds released pursuant to this section shall be deposited by the university, the Hawaii tourism authority, or department of education, as applicable, in accordance with the provisions applicable to the director of finance by chapter 38. Except for moneys deposited by the Hawaii tourism authority in the convention center enterprise special fund pursuant to section 201B-8, and in the tourism special fund pursuant to section 201B-11, any interest earned on the deposit of funds released pursuant to this section shall be deposited in the state treasury at the end of each fiscal year."
SECTION 2. Section 40-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The accounting system installed by
the commission on public accountancy under Act 181, Session Laws of Hawaii
1923, as amended by Act 220, Session Laws of Hawaii 1925, for use in the
offices of the comptroller, director of finance, departmental and agency
services of the State, and the auditors, treasurers, departmental and agency
services of the several counties shall be the accounting and reporting systems
of the State and counties; provided that the University of Hawaii, until June
30, 2016, may install a different accounting system that shall be in conformity
with generally accepted accounting principles as applied to colleges and
universities; and provided further that the department of education[, until
June 30, 2011,] may install a different accounting system that shall be in
conformity to generally accepted accounting principles. The comptroller shall
make such changes and modifications in the accounting system as shall from time
to time appear to be in the best interest of the State and counties."
SECTION 3. Section 40-4, Hawaii Revised Statutes, is amended to read as follows:
"§40-4 Publication of statements.
The comptroller shall prepare and submit to the governor, immediately following
the close of each fiscal year, a statement of income and expenditure by funds,
showing the principal sources of revenue, the function or purpose for which
expenditures were made, together with a consolidated statement showing similar
information for all funds; also a statement showing the balance in each fund at
the beginning of the fiscal year, plus the receipts, minus the disbursements,
and the balance on hand at the close of the fiscal year after deducting
outstanding warrants and vouchers. The comptroller may request all agencies,
the judiciary, the University of Hawaii until June 30, 2016, the Hawaii tourism
authority, the department of education [until June 30, 2011], and the
legislature to provide such information as may be required for the preparation
of statements."
SECTION 4. Section 40-6, Hawaii Revised Statutes, is amended to read as follows:
"§40-6 Approval of business and
accounting forms. The comptroller shall determine the forms required to
adequately supply accounting and statistical data for the state government.
The comptroller shall require heads of departments and establishments of the
state government to submit proposed new forms or proposed changes in current
business and accounting forms for review and approval before ordering the same
printed; except that the University of Hawaii until June 30, 2016, the Hawaii
tourism authority, and the department of education [until June 30, 2011,]
shall be subject to this requirement only with respect to uniform business and
accounting forms of statewide use in the State's accounting system. All
standard state forms shall be classified, numbered, and standardized in design,
dimensions, color, and grade of paper and recorded in a catalogue of accounting
and statistical forms by the comptroller."
SECTION 5. Section 40-58, Hawaii Revised Statutes, is amended to read as follows:
"§40-58 In favor of assignees. No
assignment of moneys by a person to whom the State is directly indebted shall
be effective unless the assignment is first approved by the comptroller or, in
the case of the University of Hawaii until June 30, 2016, and the department of
education [until June 30, 2011,] by their respective chief financial
officers. The comptroller or the chief financial officers of the University of
Hawaii and the department of education may prescribe the form for an
assignment, and may approve the assignment within a reasonable time period if,
in their respective discretion, the rights or obligations of the State, the
University of Hawaii, or the department of education under any contract or
other undertaking or under any law, rule, or order by a competent authority
will not be prejudiced thereby. Upon approval of the assignment, the
comptroller or the respective chief financial officers of the University of Hawaii
and the department of education shall draw a warrant payable to the assignee.
Except as to contracts encumbered by the comptroller, the University of Hawaii,
or the department of education, each expending agency, upon notification of the
comptroller's approval of an assignment, shall prepare a claim for payment in
accordance with the terms of the assignment."
SECTION 6. Section 40-81, Hawaii Revised Statutes, is amended to read as follows:
"§40-81 Report by agencies receiving
special moneys. All state officers, departments, boards, bureaus,
commissions, or agencies collecting or receiving any moneys not required by law
to be deposited in the state treasury shall report to the comptroller all
receipts and disbursements on account thereof for each quarterly period of the
calendar year not later than the fifteenth day following the end of each
quarterly period on such forms and under such rules as may be prescribed by the
comptroller; provided that with respect to all moneys held outside the state treasury
by the University of Hawaii until June 30, 2016, or the department of education
[until June 30, 2011,] pursuant to the authority granted to the
university and the department of education by this chapter, the University of
Hawaii and the department of education shall report to the comptroller all
transactions for each quarterly period not later than the fifteenth day
following the end of each quarterly period on such forms and under such rules
as may be prescribed by the comptroller."
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on June 29, 2015.
Report Title:
Department of Education; Fiscal Operations; Housekeeping
Description:
Makes permanent the Department of Education's authority to supervise its accounts. Makes required housekeeping amendments to statutory provisions relating to the Department of Education's fiscal operations. (HB1412 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.