HOUSE OF REPRESENTATIVES

H.B. NO.

1800

THIRTY-SECOND LEGISLATURE, 2024

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE STATE BUDGET.

 

 

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

 


     SECTION 1.  This Act shall be known and may be cited as the Supplemental Appropriations Act of 2024.

     SECTION 2.  This Act amends Act 164, Session Laws of Hawaii 2023, and other appropriations and authorizations effective during fiscal biennium 2023‑2025 pursuant to article VII, section 9, of the State Constitution, which provides that the governor may submit to the legislature a bill to amend any appropriation for operating expenditures of the current fiscal biennium and bills to amend any appropriations for capital expenditures of the current fiscal biennium.  As provided by section 37‑72, supplemental budget, Hawaii Revised Statutes, the supplemental budget reflects the changes being proposed in the State's program and financial plan and has been prepared in the manner provided in section 37‑71, the budget, Hawaii Revised Statutes.

     Section 37-71(b)(4), Hawaii Revised Statutes, prescribes that the information provided in the budget be formatted such that program costs include all costs, including research and development, operating and capital, regardless of the means of financing.  Section 37‑71(c)(3), Hawaii Revised Statutes, requires a summary listing of all capital improvement projects by program, at the lowest level of the program structure, which shows for each project, by investment cost elements, the amount of new appropriations and authorizations proposed.  Under section 37‑62, definitions, Hawaii Revised Statutes, "cost elements" means the major subdivisions of a cost category.  The category "capital investment" includes plans, land acquisition, design, construction, and equipment and furnishing.

     SECTION 3.  Part I of Act 164, Session Laws of Hawaii 2023, is amended by amending section 2 to read as follows:

     "SECTION 2.  DEFINITIONS.  Unless otherwise clear from the context, as used in this Act:

     "Capital project number" means the official number of the capital project, as assigned by the responsible organization.

     "Expending agency" means the executive department, independent commission, bureau, office, board, or other establishment of the state government (other than the legislature, Office of Hawaiian Affairs, and judiciary), the political subdivisions of the State, or any quasi‑public institution supported in whole or in part by state funds, which is authorized to expend specified appropriations made by this Act.

     Abbreviations, where used to denote the expending agency, shall mean the following:

     AGR  Department of agriculture

     AGS  Department of accounting and general services

     ATG  Department of the attorney general

     BED  Department of business, economic development and tourism

     BUF  Department of budget and finance

     CCA  Department of commerce and consumer affairs

     DEF  Department of defense

     EDN  Department of education

     GOV  Office of the governor

     HHL  Department of Hawaiian home lands

     HMS  Department of human services

     HRD  Department of human resources development

     HTH  Department of health

     LAW  Department of law enforcement

     LBR  Department of labor and industrial relations

     LNR  Department of land and natural resources

     LTG  Office of the lieutenant governor

     PSD  Department of public safety/corrections and rehabilitation

     SUB  Subsidies

     TAX  Department of taxation

     TRN  Department of transportation

     UOH  University of Hawaii

     CCH  City and county of Honolulu

     COH  County of Hawaii

     COK  County of Kauai

     COM  County of Maui

     "Means of financing" or "MOF" means the source from which funds are appropriated or authorized to be expended for the programs and projects specified in this Act.  All appropriations are followed by letter symbols.  Such letter symbols, where used, shall have the following meanings:

     A  general funds

     B  special funds

     C  general obligation bond fund

     D  general obligation bond fund with debt service cost to be paid from special funds

     E  revenue bond funds

     N  federal funds

     P  other federal funds

     R  private contributions

     S  county funds

     T  trust funds

     U  interdepartmental transfers

     W  revolving funds

     X  other funds

     "Position ceiling" means the maximum number of permanent and temporary full‑time equivalent positions that an expending agency is authorized for a particular program during a specified period or periods, as denoted by a single asterisk for permanent full‑time equivalent positions and [a pound sign] double asterisks for temporary full‑time equivalent positions.

     "Program ID" means the unique identifier for the specific program and consists of the abbreviation for the organization responsible for carrying out the program, followed by the organization number for the program."

     SECTION 4.  Part II of Act 164, Session Laws of Hawaii 2023, is amended by amending section 3 to read as follows:

     "SECTION 3.  APPROPRIATIONS.  The following sums, or so much thereof as may be sufficient to accomplish the purposes and programs designated herein, are hereby appropriated or authorized, as the case may be, from the means of financing specified to the expending agencies designated for the fiscal biennium beginning July 1, 2023, and ending June 30, 2025.  The total expenditures and the number of positions in each fiscal year of the biennium shall not exceed the sums and the number indicated for each fiscal year, except as provided elsewhere in this Act, or as provided by general law.


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


     SECTION 5.  Part III of Act 164, Session Laws of Hawaii 2023, is amended:

     (1)  By adding a new section to read as follows:

     "SECTION XX.  Provided that of the special fund appropriation for tourism (BED113), the sum of $11,000,000 or so much thereof as may be necessary for fiscal year 2024-2025 shall be transferred to the general fund to reimburse general fund expenditures incurred for convention center operations during fiscal year 2023-2024."

     (2)  By adding a new section to read as follows:

     "SECTION XX.  Provided that out of the general fund appropriation for charter schools (EDN600), the charter schools commission shall determine the sum necessary for fiscal year 2024-2025 for teacher differentials for hard‑to-staff and Hawaiian immersion teachers and disburse it to the impacted schools; provided further that any funds not expended or encumbered for this purpose shall be distributed to the charter schools (EDN600) on a per pupil basis."

     (3)  By adding a new section to read as follows:

     "SECTION XX.  Provided that of the general fund appropriation for the Hawaii emergency management agency (DEF118), the sum of $5,000,000 or so much thereof as may be necessary for fiscal year 2024‑2025 shall be expended for relief from major disasters pursuant to section 127A‑16, Hawaii Revised Statutes; provided further that any funds not expended for this purpose shall lapse to the general fund."

     (4)  By adding a new section to read as follows:

     "SECTION XX.  Provided that of the general fund appropriation for office of the public defender (BUF151), the sum of $126,364 or so much thereof as may be necessary for fiscal year 2024-2025 shall be transferred to the judiciary for the administration and operation of the community outreach court project."

     (5)  By adding a new section to read as follows:

     "SECTION XX.  Provided that of the general fund appropriation for office of the public defender (BUF151), the sum of $165,404 or so much thereof as may be necessary for fiscal year 2024-2025 shall be transferred to the office of the prosecuting attorney of the city and county of Honolulu for the operation of the community outreach court project."

     (6)  By adding a new section to read as follows:

     "SECTION XX.  Provided that of the general fund appropriation for departmental administration and budget division (BUF101), the sum of $186,160,000 or so much thereof as may be necessary for fiscal year 2024-2025 shall be expended for the purposes of response and recovery efforts related to the 2023 wildfires; provided further that the director of finance may transfer the funds to other departments and programs as necessary with the approval of the governor; provided further that the funds shall initially be transferred into a subaccount; provided further that both the subaccount and the funds held within shall not lapse at the end of the fiscal year for which the appropriation is made; and provided further that all moneys from the appropriation that are unencumbered as of June 30, 2026, shall lapse on that date."

     (7)  By adding a new section to read as follows:

     "SECTION XX.  Provided that of the general fund appropriation for departmental administration and budget division (BUF101), the sum of $13,356,628 or so much thereof as may be necessary for fiscal year 2024-2025 shall be used for state match requirements of broadband equity, access, and deployment state grants; provided further that the director of finance may transfer the funds to other departments and programs as needed to facilitate the distribution of subgrants."

     (8)  By adding a new section to read as follows:

     "SECTION XX.  Provided that of the general fund appropriation for vacation payout - statewide (BUF103), the sum of $9,700,000 or so much thereof as may be necessary for fiscal year 2024-2025 shall be expended for the purposes of reimbursing all executive departments and agencies for vacation payouts for general funded employees who have left the employ of the executive branch; provided further that any unexpended funds shall lapse to the general fund at the end of the fiscal year."

     (9)  By adding a new section to read as follows:

     "SECTION XX.  Provided that of the general fund appropriations for debt service payments (BUF721-BUF728) for fiscal year 2024-2025, balances that are unrequired for debt service payments may be used to pay for expenses related to section 39-14, Hawaii Revised Statutes, and for costs of issuance, or may be transferred only to retirement benefits payments (BUF741-BUF748) and health premium payments (BUF761‑BUF768); provided further that the funds shall not be expended for any other purpose; and provided further that any unexpended funds shall lapse to the general fund at the end of the fiscal year."

     (10)  By adding a new section to read as follows:

     "SECTION XX.  Provided that of the general fund appropriations for retirement benefits payments (BUF741‑BUF748) for fiscal year 2024-2025, balances that are unrequired may be transferred only to debt service payments (BUF721-BUF728) and health premium payments (BUF761-BUF768); provided further that the funds shall not be expended for any other purpose; and provided further that any unexpended funds shall lapse to the general fund at the end of the fiscal year."

     (11)  By adding a new section to read as follows:

     "SECTION XX.  Provided that of the general fund appropriations for health premium payments (BUF761-BUF768) for fiscal year 2024-2025, balances that are unrequired may be transferred only to debt service payments (BUF721‑BUF728) and retirement benefits payments (BUF741‑BUF748); provided further that the funds shall not be expended for any other purpose; and provided further that any unexpended funds shall lapse to the general fund at the end of the fiscal year."

     SECTION 6.  Part V of Act 164, Session Laws of Hawaii 2023, is amended by amending section 7 to read as follows:

     "SECTION 7.  CAPITAL IMPROVEMENT PROJECTS AUTHORIZED.  The sums appropriated or authorized in part II of this Act for capital improvements shall be expended for the projects listed below.  Accounting of the appropriations by the department of accounting and general services shall be based on the projects as the projects are listed in this section.  Several related or similar projects may be combined into a single project if the combination is advantageous or convenient for implementation; provided that the total cost of the projects thus combined shall not exceed the total of the sum specified for the projects separately.  The amount after each cost element and the total funding for each project listed in this part are in thousands of dollars.


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


     SECTION 7.  Part VI of Act 164, Session Laws of Hawaii 2023, is amended:

     (1)  By amending Section 8 to read as follows:

     "SECTION 8.  Any law to the contrary notwithstanding, the appropriations under Act 40, Session Laws of Hawaii 2019, section 4, as amended by Act 6, Session Laws of Hawaii 2020, section 4, in the amounts indicated or balances thereof, unallotted, allotted, encumbered, and unrequired, are hereby lapsed:

     "Item No.           Amount (MOF)

 

        G-7         $   470,800   C

        G-10             99,984   C

        G-11            225,043   C

        G-23            616,118   C

        G-30             12,515   C

        G-32          3,283,085   C

        G-39             16,818   C

        G-67            103,090   C

        G-70          1,129,108   C

        G-75            258,500   C

        G-76            245,465   C

        G-80          1,808,438   C

        G-90            300,000   C

        G-93            249,385   C

        G-95            307,810   C

        G-106         2,746,302   C

        G-107           178,200   C

        G-108           373,870   C

        G-109           782,223   C

        G-113           131,900   C

        G-119            99,088   C

        G-130           874,768   C

        G-131           133,802   C

        G-142      [$]16,830,000   C

        G-170           101,500   C

        G-171           209,010   C

        G-188.17        436,000   C

        G-188.26        403,300   C

        G-188.35       2,057,921   C

        G-188.38        507,745   C

        G-188.39        436,000   C

        G-188.42       1,385,900   C

        G-188.44       1,347,785   C

        G-188.50        478,136   C

        G-188.57        363,597   C

        G-188.60        393,706   C

        G-188.63       1,231,652   C

        G-188.66        292,384   C

        G-188.69        650,000   C

        G-188.77        159,300   C

        G-188.87        339,000   C

        G-188.96         61,536   C

        G-188.97            698   C

        G-191.2         177,000   C""

     (2)  By amending Section 9 to read as follows:

     "SECTION 9.  Any law to the contrary notwithstanding, the appropriations under Act 88, Session Laws of Hawaii 2021, section 26, as amended by Act 248, Session Laws of Hawaii 2022, section 5, in the amounts indicated or balances thereof, unallotted, allotted, encumbered, and unrequired, are hereby lapsed:

     "Item No.           Amount (MOF)

 

        D-3.02        $ 4,300,000  C

        E-8.01         15,000,000  C

        G-2.01          1,341,796  C

        G-3.03          1,983,800  C

        G-4.03          1,000,000  C

        G-4.04          3,904,838  C

        G-4.12            496,000  C

        G-5.04            742,500  C

        G-8             6,200,000  C

        G-8.01          1,720,000  C

        G-8.02            881,651  C

        G-9              294,000  C

        G-11              98,716  C

        G-12           22,540,000  C

        G-12.01         1,089,000  C

        G-13.01           595,500  C

        G-18              500,000  C

        G-20            1,459,792  C

        G-20.01         1,983,000  C

        G-22              500,000  C

        G-28              465,450  C

        G-32            2,500,000  C

        G-39.02         1,090,600  C

        G-41            1,869,720  C

        G-43              440,000  C

        G-44.02         1,188,000  C

        G-45              693,000  C

        G-50           13,314,599  C

        G-51            2,494,800  C

        G-52              851,118  C

        G-54           14,471,483  C

        G-57              668,250  C

        G-57.01         3,320,000  C

        G-58              460,000  C

        G-61            2,355,800  C

        G-62              884,725  C

        G-62.01         1,487,200  C

        G-63           17,820,000  C

        G-64            3,320,000  C

        G-64.01           995,850  C

        G-65            3,633,703  C

        G-66            2,965,000  C

        G-68              911,698  C

        G-69.01         1,497,000  C

        G-70            1,314,746  C

        G-70.01         1,829,368  C

        G-72            1,153,350  C

        G-73            1,412,812  C

        G-76            2,389,106  C

        G-76.01         2,851,038  C

        G-77              686,000  C

        G-80            1,237,500  C

        G-82            1,126,269  C

        G-84            2,212,730  C

        G-85              800,000  C

        G-87            2,258,196  C

        G-92           14,775,404  C

        G-93            9,900,000  C

        G-95              908,711  C

        G-95.01         1,770,836  C

        G-95.02         5,771,700  C

        G-95.04        11,492,427  C

        G-95.05        57,420,000  C

        G-95.06        19,500,000  C

        G-95.07         7,440,000  C

        G-95.09         3,469,350  C

        G-95.11           100,000  C

        G-95.12         3,485,457  C

        G-95.13        34,682,000  C

        G-95.15         6,289,482  C

        G-95.16         3,026,000  C

        G-95.17         5,445,000  C

        G-95.18        17,106,899  C

        G-95.19         1,140,100  C

        G-95.23         1,487,350  C

        G-95.24         1,739,678  C

        G-95.25         5,960,600  C

        G-95.29        24,674,000  C

        G-95.30         4,955,500  C

        G-95.37         4,276,510  C

        G-95.41         1,402,780  C

        G-95.44           420,000  C

        G-95.48         1,350,000  C

        G-95.50           867,000  C

        G-95.51         1,485,000  C

        G-95.54           743,000  C

        G-95.57           175,000  C

        G-95.58            90,000  C

        G-95.59           500,000  C

        G-95.60         1,410,750  C

        G-95.68         2,722,500  C

        G-112           8,700,000  V

        G-120             500,000  C

        H-1.01            350,000  C

        H-13            8,000,000  C

        K-6             4,850,000  C

        K-6             3,000,000  R

        K-6             3,500,000  T

        K-10.01        12,000,000  B

        K-20           23,500,000  C

        K-20           23,500,000  S""

     (3)  By adding a new section to read as follows:

     "SECTION XX.  Act 276, Session Laws of Hawaii 2019, section 15, in the amount of $770,603, or balance thereof, general obligation bond funds unallotted, allotted, encumbered, and unrequired, is hereby lapsed."

     (4)  By adding a new section to read as follows:

     "SECTION XX.  Act 88, Session Laws of Hawaii 2021, as amended by Act 248, Session Laws of Hawaii 2022, part VIII, section 91.1, in the amounts indicated or balances thereof, unallotted, allotted, encumbered, and unrequired, are hereby lapsed:

     "Item No.           Amount (MOF)

 

        5             $  230,000  A

        14                49,068  A

        19               100,000  A

        35               700,000  A

        37              3,100,000  A

        39               150,000  A

        51               237,000  A

        54              3,500,000  A

        60                   514  A

        61              1,404,000  A

        62              2,000,000  A

        64              6,650,000  A

        68                14,000  A

        70               500,000  A""

     SECTION 8.  Part VIII of Act 164, Session Laws of Hawaii 2023, is amended:

     (1)  By adding a new section to read as follows:

     "SECTION XX.  GOVERNOR'S DISCRETIONARY POWERS.  Any law or provision to the contrary notwithstanding, the governor may replace general obligation bond funds appropriated for capital improvement projects with general obligation reimbursable bond funds, when the expenditure of such general obligation reimbursable bond funds is deemed appropriate for the project."

     (2)  By adding a new section to read as follows:

     "SECTION XX.  All general obligation bond funds used for a public undertaking, improvement, or system designated by the letter (D) shall have the bond principal and interest reimbursed from the special fund in which the net revenue, or net user tax receipts, or combination of both, of such public undertaking, improvement or system, are deposited or credited.  Bonds issued for irrigation and housing projects shall be reimbursed as provided by section 174‑21 and chapter 201H, Hawaii Revised Statutes, respectively.

     The governor is authorized to use, at the governor's discretion, the state highway fund, the harbor special fund, the boating special fund, the airport revenue fund, the special land and development fund, or other appropriate special funds to finance the respective public undertaking, improvement, or system described above and authorized in this Act, where the method of financing is designated to be general obligation bond fund with debt service cost to be paid from the funds."

     (3)  By adding a new section to read as follows:

     "SECTION XX.  In the event that the authorized appropriations specified for a capital improvement project listed in this Act are insufficient and where the source of funding is designated as special funds, general obligation bond fund with debt service cost to be paid from special funds, revenue bond funds, or revolving funds, the governor may make supplemental allotments from the special fund or revolving fund responsible for cash or debt service payments for the projects, or transfer unrequired balances from other unlapsed projects in this Act or prior appropriation acts which authorized the use of special funds, general obligation bond fund with debt service costs to be paid from special funds, revenue bond funds, or revolving funds; provided that such supplemental allotments shall not be used to increase the scope of the project; and provided further that such supplemental allotments shall not impair the ability of the fund to meet the purposes for which it was established."

     (4)  By adding a new section to read as follows:

     "SECTION XX.  In the event that the authorized appropriations specified for a capital improvement project listed in this Act are insufficient and where the source of funding is designated as airport passenger facility charge funds, the governor may make supplemental allotments from the airport revenue fund or airport revenue bond funds, or transfer unrequired balances from other unlapsed projects in this Act or prior appropriation acts that authorized the use of airport passenger facility charge funds; provided that such supplemental allotments shall not be used to increase the scope of the project; provided further that such supplemental allotments shall not impair the ability of the fund to meet the purposes for which it was established; and provided further that the governor, at the governor's discretion, is authorized to increase the passenger facility charge fund authorization ceiling for the program to accommodate the expenditure of such funds."

     (5)  By adding a new section to read as follows:

     "SECTION XX.  The governor may supplement funds for any cost element for a capital improvement project authorized under this Act by transferring such sums as may be needed from the funds appropriated for other cost elements of the same project by this Act or any other prior or future act which has not lapsed; provided that the total expenditure of funds for all cost elements shall not exceed the total appropriations for that project."

     (6)  By adding a new section to read as follows:

     "SECTION XX.  Where it has been determined that changed conditions, such as a reduction in the particular population being served, permit the reduction in the scope of a capital improvement project described in this Act, the governor may authorize such reduction of project scope."

     (7)  By adding a new section to read as follows:

     "SECTION XX.  In releasing funds for capital improvement projects, the governor shall consider legislative intent and the objectives of the user agency and its programs; the scope and level of the user agency's intended service; and the means, efficiency, and economics by which the project will meet the objectives of the user agency and the State; provided that agencies responsible for construction shall take into consideration legislative intent, the objectives of the user agency and its programs, and the scope and level of the user agency's intended service and construct the improvement to meet the objectives of the user agency in the most efficient and economical manner possible."

     (8)  By adding a new section to read as follows:

     "SECTION XX.  Where county capital improvement projects are partially or totally funded by state grants as authorized in this Act or any other act of the legislature, this fact should be appropriately acknowledged during construction and upon completion of these projects."

     (9)  By adding a new section to read as follows:

     "SECTION XX.  The governor may authorize the expenditure of funds for capital improvement projects not previously authorized in this Act to cope with the effects of natural disasters or unforeseen emergencies, when the effects of the natural disasters or unforeseen emergencies create an urgent need to pursue a course of action that is in the best interest of the State; provided that no funds shall be expended without a formal declaration of a natural disaster or emergency by the governor; and provided further that the governor shall use the powers conferred under section 127A‑13, Hawaii Revised Statutes, or any other applicable law to accomplish the purposes of this section."

     (10)  By adding a new section to read as follows:

     "SECTION XX.  Notwithstanding any provision in part III of this Act, the governor is authorized to transfer savings or unrequired balances as may be available from the appropriated funds of any program in this Act to supplement the appropriation for any other program in this Act to cope with the effects of natural disasters or other unforeseen emergencies; provided that the effects of such natural disasters or emergencies create an urgent need to pursue a course of action which is in the best interest of the State; provided further that the use of such funds does not conflict with general law; and provided further that no funds shall be expended without a formal declaration of a natural disaster or emergency by the governor."

     (11)  By adding a new section to read as follows:

     "SECTION XX.  No appropriation authorized in this Act for expenditure by a political subdivision of this State shall be considered to be a mandate to undertake new programs or to increase the level of services under existing programs of that political subdivision.  If any appropriation authorized in this Act constitutes such a mandate within the provisions of section 5 of article VIII of the Hawaii State Constitution, such authorization shall be void and, in the case of capital improvement appropriations designated to be financed from the general obligation bond fund, the total general obligation bonds authorized for such projects shall be correspondingly decreased."

     (12)  By adding a new section to read as follows:

     "SECTION XX.  In the event the State should assume the direct operation of any non‑governmental agency receiving state funds under the provisions of this Act, all such funds shall constitute a credit to the State against the costs of acquiring all or any portion of the property, real, personal, or mixed, of such non‑governmental agency.  This credit shall be applicable regardless of when such acquisition takes place."

     (13)  By adding a new section to read as follows:

     "SECTION XX.  Any provision of this Act to the contrary notwithstanding, the federal fund or other federal fund appropriations made for operating costs authorized under this Act shall not lapse at the end of the fiscal year for which the appropriation is made; provided that all federal fund or other federal fund appropriations made to be expended in fiscal year 2023‑2024 which are unencumbered as of June 30, 2026, shall lapse as of that date and fiscal year 2024‑2025 which are unencumbered as of June 30, 2027, shall lapse as of that date."

     (14)  By adding a new section to read as follows:

     "SECTION XX.  If unanticipated federal funding cutbacks diminish or curtail essential, federally‑funded state programs, the governor may utilize savings as determined to be available from other state programs for the purpose of maintaining such programs until the next legislative session."

     (15)  By adding a new section to read as follows:

     "SECTION XX.  The governor may approve the expenditure of all federal funds that are in excess of levels authorized by the legislature; provided further that the governor may allow for an increase in the appropriate federal fund authorization ceiling for the program to accommodate the expenditure of such funds."

     (16)  By adding a new section to read as follows:

     "SECTION XX.  Any provision of this Act to the contrary notwithstanding, the governor may approve the extension of the lapse dates for federal fund or other federal fund appropriations and appropriations of other means of financing, except general funds, deemed necessary to qualify for federal aid financing and/or reimbursement, provided in this Act or authorized by the governor pursuant to section XX of this Act as necessary to meet the intent of the federal grant awards."

     (17)  By adding a new section to read as follows:

     "SECTION XX.  Where an agency is authorized to secure funds or other property from private organizations or individuals to be expended or utilized in connection with any authorized program, the agency, with the governor's approval, may enter into such undertaking, provided that the provisions of the undertaking comply with applicable state constitutional and statutory requirements."

     (18)  By adding a new section to read as follows:

     "SECTION XX.  Except as otherwise provided by general law, negotiations for the purchase of land by state agencies shall be subject to the approval of the governor and the department of land and natural resources, or other appropriate agency; provided that private lands may be acquired for the purpose of exchange for federal lands when the department of land and natural resources and the governor determine that such acquisition and exchange are necessary for the completion of any project specifically authorized by this Act."

     (19)  By adding a new section to read as follows:

     "SECTION XX.  Except as otherwise provided, or except as prohibited by specific grant conditions, all federal or non‑general fund reimbursements received by state programs shall be returned to the general fund or fund of originating expenses."

     (20)  By adding a new section to read as follows:

     "SECTION XX.  Unless otherwise provided in this Act, the governor is authorized to transfer operating funds between appropriations within the same fund, within an expending agency, for operating purposes."

     (21)  By adding a new section to read as follows:

     "SECTION XX.  Except as otherwise provided in this Act, each department or agency is authorized to transfer positions within its respective authorized position ceiling for the purpose of maximizing the utilization of personnel resources and staff productivity; provided that all such actions shall be with the prior approval of the governor and shall be consistent with appropriations provided in this Act and with provisions of part II of chapter 37, Hawaii Revised Statutes."

     (22)  By adding a new section to read as follows:

     "SECTION XX.  Any law or provision to the contrary notwithstanding, in expending funds for social welfare programs, education programs, and other programs and agencies having appropriations that are based on population and workload data as specified in the executive budget document, only so much as is necessary to provide the level of services intended by the legislature shall be expended.  Affected agencies shall reduce expenditures below appropriations under procedures prescribed by the department of budget and finance in the event actual population and workload trends are less than the figures projected."

     (23)  By adding a new section to read as follows:

     "SECTION XX.  With the approval of the governor, agencies that use appropriations authorized in part II of this Act for audit services may delegate that responsibility and transfer funds to the internal post audit program (AGS104), when it is determined by such agencies that it is advantageous to do so."

     (24)  By adding a new section to read as follows:

     "SECTION XX.  The department of human services is authorized to enter into agreements with the department of health to furnish outpatient, hospital, and skilled nursing home care of indigents or medical indigents and to pay the department of health for such care; provided that with the approval of the director of finance, the department of health may deposit part of such receipts into the appropriations from which transfers were made as provided elsewhere in this Act."

     (25)  By adding a new section to read as follows:

     "SECTION XX.  Provided that of the appropriation for each principal state department as defined by section 26‑4, Hawaii Revised Statutes, the sum of $2,500 in fiscal year 2024‑2025 shall be made available in each department to be established as a separate account for a protocol fund to be expended at the discretion of the executive head of the department or agency (i.e., director, chairperson, comptroller, adjutant general, superintendent, president, or attorney general)."

     (26)  By adding a new section to read as follows:

     "SECTION XX.  Provided that of the general fund appropriation for Hawaii state public library system (EDN407), the sum of $2,500 for fiscal year 2024‑2025 may be used to establish a separate protocol account to be expended at the discretion of the state librarian."

     (27)  By adding a new section to read as follows:

     "SECTION XX.  Provided that of the general fund appropriation for financial administration (BUF115), the sum of $4,000 for fiscal year 2024‑2025 may be used to establish a separate protocol account to be expended at the discretion of the director of finance for the promotion and improvement of state bond ratings and sales."

     (28)  By adding a new section to read as follows:

     "SECTION XX.  Provided that of the special fund appropriation for spectator events and shows – aloha stadium (BED180), the sum of $2,500 for fiscal year 2024‑2025 may be expended at the discretion of the stadium manager for stadium‑related purposes."

     (29)  By adding a new section to read as follows:

     "SECTION XX.  Except as otherwise provided, the appropriation for the office of the governor (GOV100) shall be expended at the discretion of the governor."

     (30)  By adding a new section to read as follows:

     "SECTION XX.  Except as otherwise provided, the appropriation for the office of the lieutenant governor (LTG100) shall be expended at the discretion of the lieutenant governor."

     (31)  By adding a new section to read as follows:

     "SECTION XX.  The director of finance is authorized to expend general fund, special fund, and revolving fund savings or balances determined to be available from authorized general fund, special fund, and revolving fund program appropriations, up to an aggregate total of $20,000,000 for fiscal year 2024‑2025, for municipal lease payments under financing agreements entered into pursuant to chapter 37D, Hawaii Revised Statutes, to finance the acquisition of depreciable assets, including, but not limited to, automobiles, computers, printers, and telecommunications equipment; provided that designated expending agencies (including the department of education and the University of Hawaii) for municipal lease payments and for depreciable assets, including, but not limited to, automobiles, computers, printers, and telecommunications equipment authorized in this Act may delegate to the director of finance the implementation of such acquisitions when it is determined by all involved agencies that it is advantageous to do so."

     (32)  By adding a new section to read as follows:

     "SECTION XX.  Notwithstanding any provision in part III of this Act, the governor is authorized to transfer savings or unrequired balances as may be available of general funds from any program in this Act to supplement the department of land and natural resources' fire‑fighter's contingency fund; provided that these funds shall be used to prevent, control, and extinguish wildland fires within forest reserves, public hunting areas, wildlife and plant sanctuaries, and natural area reserves, and to fulfill mutual aid agreements in cooperation with fire control agencies of the counties and federal government."

     (33)  By adding a new section to read as follows:

     "SECTION XX.  Provided that the director of finance shall ensure that non-facility per pupil general fund amounts allocated for department of education and charter school students are equal on an annualized fiscal year basis; provided further that, for the purposes of this section, all general fund appropriations for school-based budgeting (EDN100), instructional support (EDN200), state administration (EDN300), and school support (EDN400) shall be considered non-facility appropriations for the department of education; provided further that for the purposes of this section, the general fund appropriation for charter schools (EDN600) shall be considered the non‑facility appropriation for charter schools; provided further that, for the purposes of this section, all grant appropriations issued pursuant to chapter 42F, Hawaii Revised Statutes, shall be excluded from non-facility appropriations for the department of education and charter schools; and provided further that, notwithstanding any other law to the contrary, for fiscal year 2024‑2025, the director of finance shall:

     (1)  Determine the sum of general fund appropriations made for the department of education and charter school student non‑facility costs;

     (2)  Determine the sum of department of education and charter school student enrollment based upon verified actual student enrollment counts as of October 15;

     (3)  Determine a per pupil amount by dividing the sum of general fund appropriations determined under paragraph (1) by the sum of student enrollment determined under paragraph (2);

     (4)  Transfer a general fund amount between the department of education and charter schools prior to November 1, 2024, respectively, that will provide each with a per pupil allocation equal to the amount determined on an annualized fiscal year basis under paragraph (3); and

     (5)  Account for all calculations and transfers made pursuant to this section in a report to the legislature, governor, department of education, and charter schools within ten days of any transfer made pursuant to this section."

     SECTION 9.  If any portion of this Act or its application to any person, entity, or circumstance is held to be invalid for any reason, then the legislature declares that the remainder of the Act and each and every other provision thereof shall not be affected thereby.  If any portion of a specific appropriation is held to be invalid for any reason, the remaining portion shall be expended to fulfill the objective of such appropriation to the extent possible.

     SECTION 10.  In the event manifest clerical, typographical or other mechanical errors are found in this Act, the governor is hereby authorized to correct such errors.

     SECTION 11.  Nothing in this Act shall affect the validity or continuing effectiveness of any provisions of Act 164, Session Laws of Hawaii 2023, not repealed or modified by this Act.

     SECTION 12.  Material to be repealed is bracketed and stricken.  New statutory material is underscored.  In printing this Act, the revisor of statutes need not include the bracketed material or the underscoring.

     SECTION 13.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST


 


 

 

Report Title:

State Budget

 

Description:

Adjusts and requests appropriations for fiscal biennium 2023‑2025 funding requirements for operations and capital improvement projects of Executive Branch agencies and programs.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.