Program execution
HRS §37-74
in effect37-74. Program execution
(a) Except as limited by policy decisions of the governor, appropriations by the legislature, and other provisions of law, the several agencies responsible for administering state programs shall administer their program assignments and shall be responsible for their proper management.
(b) The appropriations by the legislature for
a biennium shall be allocated between the two fiscal years of the biennium in
the manner provided in the budget or appropriations act and as further
prescribed by the director of finance. The amounts allocated for each fiscal
year shall be subject to the allotment system prescribed in chapter 37, part
II. Each agency (except the courts), in estimating its quarterly requirements
under chapter 37, part II, shall prepare a plan for the fiscal year for the
operation of each of the programs it is responsible for administering. The
operations plan shall be in a form and content as the department of budget and
finance may prescribe. It shall be submitted, together with the estimated
quarterly requirements, to the department of budget and finance on a date as
the department may prescribe.
(c) The department of budget and finance
shall:
(1) Review each operations plan to determine:
(A) That it is consistent with the policy
decisions of the governor and appropriations by the legislature;
(B) That it reflects proper planning and
efficient management methods; and
(C) That appropriations have been made for
the planned purpose and will not be exhausted before the end of the fiscal
year;
provided that the department of budget and
finance shall review the operations plan submitted by the University of Hawaii
solely for consistency with the allotment ceilings established by the governor
under section 37-34, appropriations by the legislature, the requirements of
chapter 37D, and the status of revenues to support operations plans for all
state programs;
(2) Approve the operations plan if satisfied that it
meets the requirements under paragraph (1). Otherwise, the department of
budget and finance shall require revision of the operations plan in whole or in
part; and
(3) Modify or withhold the planned expenditures at
any time during the appropriation period if the department of budget and
finance finds that the expenditures are greater than those necessary to execute
the programs at the level authorized by the governor and the legislature, or
that state receipts and surpluses will be insufficient to meet the authorized
expenditure levels; provided that the planned expenditures for the University
of Hawaii may be modified or withheld only in accordance with sections 37-36
and 37-37.
(d) No appropriation transfers or changes
between programs or agencies shall be made without legislative authorization;
provided that:
(1) Authorized transfers or changes, when made, shall
be reported to the legislature;
(2) Except with respect to appropriations to fund
financing agreements under chapter 37D, the University of Hawaii may transfer
appropriated funds and positions for the operating cost category among
programs, among cost elements in a program, and between quarters, as
applicable; except with respect to appropriations to fund financing agreements
under chapter 37D, the department of education may transfer appropriated funds
and positions for the operating cost category among programs and among cost
elements in a program, and between quarters, as applicable; and the Hawaii
health systems corporation and its regional system boards may transfer special
fund appropriations among regional system hospital facilities as applicable and
as mutually agreed to by the corporation and the respective regional system
board; provided that the Hawaii health systems corporation and the regional
system boards shall maintain the integrity and services of each individual
regional system and shall not transfer appropriations out of any regional
system that would result in a reduction of services offered by the regional
system, with due regard for statutory requirements, changing conditions, the
needs of the programs, and the effective utilization of resources; and
(3) The university and the department of education
shall account for each transfer implemented under this subsection in quarterly
reports to the governor and annual reports at the end of each fiscal year to
the legislature and the governor, which shall be prepared in the form and
manner prescribed by the governor and shall include information on the sources
and uses of the transfer.
(e) For the purpose of this subsection,
"unanticipated federal moneys" means financial aid from the federal
government that is not appropriated in the budget or supplemental budget act.
After June 30, 2017, unanticipated federal moneys may be expended when and in
the manner authorized by proviso in the budget or supplemental budget act and
shall be deemed an appropriation for the purpose of article VII, section 5, of
the Constitution of the State of Hawaii.
[(f)] Effective July 1, 2017, no funds shall
be expended to fill a permanent or temporary position for the lowest level of a
program if the filling of that position causes the position ceiling for that
level of the program to be exceeded; provided that this subsection shall not
apply to a:
(1) Position established by the University of Hawaii
or the Hawaii health systems corporation;
(2) Position that is entirely federally funded;
(3) Position necessary for compliance, without undue
delay, with a court order or decree if the director of human resources
development determines that recruitment through normal civil service procedures
would result in delay or noncompliance;
(4) Position approved by the governor for a special,
research, or demonstration project of an agency;
(5) Position approved by the governor to perform an
emergency management function under the department of defense pursuant to the
authority of section 127A‑12(b)(9);
(6) Casual hire position;
(7) Vicing position;
(8) Position established by an agency pursuant to
express statutory authorization to establish the position; and
(9) Position established by an agency for a program
or project funded by an appropriation in an act other than a general or
supplemental appropriations act.
[L 1970, c 185, §13; ren L 1972, c 72, §3; am
L 1974, c 219, §6; am L 1986, c 320, §5; am L 1989, c 370, §2; am L 1994, c
281, §§4, 9; am L 1995, c 11, §21, c 161, §7, and c 211, §6; am L 1996, c 262,
§5; am L 1998, c 41, §5 and c 115, §10; am L 2004, c 51, §53; am L 2007, c 290,
§10; am L 2015, c 148, §4 and c 160, §7]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol01_Ch0001-0042F/HRS0037/HRS_0037-0074.htmFetched: 11/10/2026