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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2076 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE DEPARTMENT OF HAWAIIAN HOME LANDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that Act 279 stipulated that any moneys not encumbered for specific purposes shall lapse to the general fund on June 30, 2025. Article VII, section 11 of the State Constitution provides that no appropriation shall be made for a period exceeding three years. This provision therefore permits the encumbrance of biennial appropriations one year beyond the biennial period, or no later than June 30, 2024, for the fiscal biennium 2021-2023. Accordingly, unencumbered funds appropriated by Act 279 will lapse on June 30, 2024. The purpose of this Act is to make a new appropriation of general funds for fiscal year 2024-2025 to make up for any Act 279 funds that lapse on June 30, 2024, in order to give practical effect to the legislature's intent for the appropriation in Act 279.
SECTION 2. Act 279, Session Laws of Hawaii 2022, is amended by amending section 6 to read as follows:
"SECTION 6. There is appropriated out of the general
revenues of the State of Hawaii the sum of $600,000,000 or so much there of as
may be necessary for fiscal year 2021-2022 for the purposes of this Act; provided
that any moneys not expended or encumbered for specific purposes shall
lapse to the general fund on June 30, [2025.] 2024.
The sum appropriated shall be expended by the department of Hawaiian home lands for the purposes of this Act."
SECTION 3. In accordance with section 9 of article VII, of the Constitution of the State of Hawaii and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriation contained in this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ , or per cent. The reasons for exceeding the general fund expenditure ceiling are that the appropriation made in this Act is necessary to serve the public interest and to meet the needs provided for by this Act.
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025. The sum appropriated shall be expended by the department of Hawaiian home lands for the purposes of Act 279, Session Laws of Hawaii 2022.
SECTION 5. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on June 29, 2024.
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INTRODUCED BY: |
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Report Title:
DHHL; Hawaiian Homes; Waitlist; Appropriations; Expenditure Ceiling
Description:
Amends the appropriation of Act 279, SLH 2022, to conform its lapsing provision by 1 year, to conform to constitutional limitations. Appropriates moneys to the Department of Hawaiian Home Lands for fiscal year 2024-2025 to give practical effect to the legislative intent behind Act 279. Declares that the general fund expenditure ceiling will be exceeded.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.