HOUSE OF REPRESENTATIVES |
H.B. NO. |
574 |
THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RElating to disaster rELIEF.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 37-41.5, Hawaii Revised Statutes, is amended to read as follows:
"§37-41.5 Department of education; carryover of funds.
(a) The department of education
may retain up to five per cent of any appropriation, except for appropriations
to fund financing agreements entered into in accordance with chapter 37D, at
the close of a fiscal year and the funds retained shall not lapse until June 30
of the first fiscal year of the next fiscal biennium. The department of education shall submit:
(1) A report to the director of finance ninety days after the close of each fiscal year, which shall be prepared in the form prescribed by the director of finance and shall identify the total amount of funds that will carry over to the next fiscal year; and
(2) A copy of this report to the legislature, as well as a report identifying the carryover of funds on a school-by-school basis, at least twenty days prior to the convening of the next regular session of the legislature.
(b)
Appropriations allocated to the schools shall remain within the budget
of the school to which they were originally allocated; provided that the
retention of an appropriation shall not be used by the department as a basis
for reducing a school's future budget requirements.
[(c) In addition to the five per cent retainage
under subsection (a), the department of education may retain any appropriation
received pursuant to section 127A-16(a) or as reimbursement for disaster relief
pursuant to section 127A-16(d) at the close of the fiscal year in which the
appropriation or reimbursement was received and the funds retained shall not
lapse until June 30 of the first fiscal year of the next fiscal
biennium. Such funds shall be considered
as separate and distinct from the funds the department of education is
authorized to retain pursuant to subsection (a).]"
SECTION 2. Section 127A-16, Hawaii Revised Statutes, is amended to read as follows:
"§127A-16 Major
disaster fund. (a) The administrator shall submit requests to
the legislature to appropriate from the general revenues of the State
sufficient moneys as may be necessary for expenditure by or under the direction
of the governor for immediate relief in response to an emergency or disaster in
any part of the State; provided that:
(1) The governor has issued a proclamation of a state of
emergency;
(2) The governor [may] shall not expend in excess
of $10,000,000 for immediate relief as a result of any single emergency or
disaster; and
(3) In addition to the funds in paragraph (2), an additional
$5,000,000 may be made available solely for the purpose of matching federal
disaster relief funds when these funds become available to the State following
a presidential disaster declaration.
In expending the moneys, the governor may allot any portion thereof to
any agency, office, or employee of the State or a county for the most efficient
relief for the population.
Notwithstanding this subsection, the only exception to paragraphs (1),
(2), and (3) is that the administrator may use up to $250,000 per year to
support the emergency management reserve corps.
(c) [Except as provided in subsection (d),
federal] Federal reimbursement moneys for disaster relief shall be
deemed to be trust moneys and may be deposited into a trust account with and
under the control of the Hawaii emergency management agency. These moneys and any interest earned thereon
shall be used for the purpose identified in subsection (a) and shall [not]
lapse to the general fund[.] if not expended within five years after receipt
from the federal government.
[(d) In cases in which the department of education
expends the funds appropriated to the department for purposes deemed to be
reimbursable by federal reimbursement moneys for disaster relief, the federal
reimbursement moneys shall not lapse to the general fund and shall be credited
directly to the department of education without regard to whether the original
appropriation has lapsed. Such funds
shall carry over in accordance with section 37-41.5(c).
(e) Any unspent funding under $2,500,000 shall be
rolled over to the next fiscal year to support future emergencies and
disasters.]
(d) The administrator shall submit an annual report
to the legislature no later than twenty days prior to the convening of each regular
session on the following:
(1) The amount of federal
reimbursement moneys for disaster relief that the State or any county could have
applied for during the prior fiscal year, broken down by department, agency, and
county;
(2) The amount of federal
reimbursement moneys for disaster relief that the State or any county applied for
and the amount received during the prior fiscal year, broken down by department,
agency, and county; and
(3) The justification for any difference in the amount of federal reimbursement moneys for disaster relief that the State or county was eligible for and the amount the State or county applied for."
SECTION 3. If any part of this Act is found to be in conflict with federal requirements that are a prescribed condition for the allocation of federal funds to the State, the conflicting part of this Act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this Act in its application to the agencies concerned. The rules under this Act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the State.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
Major Disaster Fund; Federal Reimbursements; Reports
Description:
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.