HRS §37-61 Short title
37-61. Short title
This part may be cited as "The Executive Budget Act".
L 1970, c 185, §1
The Executive Budget
HRS div. 1, tit. 5, ch. 37, pt. IV
in effectHRS §37-62 Definitions
37-62. Definitions
Unless otherwise clear from the context, as used in this part:
"Agency" means any executive
department, independent commission, board, agency, authority, bureau, office,
or other establishment of the state government (except the legislature and the
judiciary), or any quasi-public institution which is supported in whole or in
part by state funds.
"Annual required contribution" means
the State's required contribution to the employees' retirement system or Hawaii
employer-union health benefits trust fund, as applicable, that is sufficient to
cover:
(1) The normal cost, which is the cost of other
post-employment benefits attributable to the current year of service; and
(2) An amortization payment, which is a catch-up
payment for past service costs to fund the unfunded actuarial accrued liability
over the next thirty years.
"Bond categories" means types of
bonds and includes general obligation bonds, reimbursable general obligation
bonds, and revenue bonds.
"Bond fund" means the fund used to
account for the proceeds of bond issues and expenditures therefrom.
"Bond receipts" means the proceeds
from the issuance of governmental bonds.
"Capital expenditures" means payments
to contractors and payments for other items related to the construction of a
capital improvement project.
"Capital investment costs" means
costs, beyond the research and development phase, associated with capital
improvements, including the acquisition and development of land, the design and
construction of new facilities, and the making of renovations or additions to
existing facilities. Capital investment costs for a program are the sum of the
program's capital improvement project costs.
"Casual hire position" means an
hourly-paid temporary position, the services of which are required
intermittently.
"Certificate of participation" means
any certificate evidencing a participation right or a proportionate interest in
any financing agreement or the right to receive proportionate payments from the
State or a state agency due under any financing agreement.
"Construction costs" means the costs
involved in building and landscaping capital facilities, including any
consultant or staff services required and built-in equipment.
"Cost categories" means the major
types of costs and includes research and development, capital investment, and
operating.
"Cost elements" means the major
subdivisions of a cost category. The category "capital investment"
includes plan, land acquisition, design, construction, and equipment and
furnishing. The categories "research and development" and
"operating" include personal services, current lease payments, other
current expenses, equipment, and motor vehicles.
"Crosswalk" means a reconciliation of
the program structure with the structure used for accounting and/or
appropriations.
"Debt service" means interest and
principal repayments on moneys borrowed.
"Departmental earnings" means the
amounts collected by governmental agencies for services provided and products
or property sold; rentals collected for use of public property; fees, fines,
forfeitures, and penalties assessed; and other related types of charges.
"Design costs" means the costs
related to the preparation of architectural drawings for capital improvements
through its various stages from schematic to final construction drawings. It
does not include costs associated with the identification of needs, determining
alternative ways of meeting needs, and prescription of standards for capital
improvements.
"Effectiveness measure" means the
criterion for measuring the degree to which the objective sought is attained.
"Federal aid interstate" means funds
received or reasonably anticipated to be received from the federal government
for the purpose of constructing the interstate highway system in the State.
"Federal aid primary" means funds
received or reasonably anticipated to be received from the federal government
for the purpose of constructing primary roadways.
"Federal aid secondary" means funds
received or reasonably anticipated to be received from the federal government
for the purpose of constructing secondary roadways.
"Federal aid urban" means funds
received or reasonably anticipated to be received from the federal government
for the purpose of constructing roads in urban areas.
"Federal funds" means financial aid
received or reasonably anticipated to be received from the federal government.
"Financing agreement" means any lease
purchase agreement, installment sale agreement, loan agreement, line of credit,
or any other agreement to finance the improvement, use, or acquisition of real
or personal property that is or will be owned or operated by the State or any
agency or to refinance any such previously executed financing agreement
including certificates of participation relating thereto.
"Full cost" means the total cost of a
program, system or capability, including research and development costs,
capital investment costs, and operating costs.
"Full-time equivalent position" means
a position, the occupant of which is employed for a normal workweek of at least
forty hours or its equivalent.
"Funded ratio" means the ratio of net
assets to net liabilities of the employees' retirement system or Hawaii
employer-union health benefits trust fund, as applicable, as determined by
actuarial valuation.
"Funding period" means the number of
years in the future that will be required to fully fund the unfunded actuarial
accrued liability of the employees' retirement system or Hawaii employer-union
health benefits trust fund, as applicable, based upon actuarial assumptions and
no assumed future actuarial gains or losses.
"General fund" means the fund used to
account for all transactions which are not accounted for in another fund.
"General obligation bonds" means
bonds, notes, or other instruments of indebtedness for the payment of the
principal and interest of which the full faith and credit of the State are
pledged.
"General obligation reimbursable
bonds" means general obligation bonds issued for a public undertaking,
improvement, or system from which revenues, or user taxes, or a combination of
both, may be derived for the payment of the principal and interest as
reimbursement to the general fund and for which reimbursement is required by
law, and, in the case of general obligation bonds issued by the State for a
political subdivision, general obligation bonds for which the payment of the
principal and interest as reimbursement to the general fund is required by law
to be made from the revenue of the political subdivision.
"Inter-departmental transfers" means
funds which will be used by a program but will be appropriated to a different
program.
"Land acquisition costs" means the
costs of obtaining lands, including any consultant or staff services costs
attributable to that acquisition.
"Lease payments" means payments made
by the State or any agency under any financing agreement.
"Means of financing" means the
various sources from which funds are available and includes the general fund,
special fund, revolving fund, general obligation bonds, reimbursable general
obligation bonds, revenue bonds, federal aid interstate highway fund, federal
aid primary road fund, federal aid secondary road fund, federal aid urban fund,
other federal funds, private contributions, county funds, trust funds, and
other funds.
"Nonadd" means a program which is
listed with an objective or a program grouping, but the cost of which is not to
be included in the total cost of that objective or program grouping because it
is included in some other objective or program group.
"Nontax revenue sources" means
sources other than taxes from which revenues are produced and includes
departmental earnings of various kinds, reimbursements of principal on general
obligation bonds issued for state agencies and counties, federal receipts which
are restricted in their use to specified purposes, and other federal receipts.
"Objective" means a statement of the
end result, product, or condition desired, for the accomplishment of which a
course of action is to be taken.
"Operating costs" means recurring
costs of operating, supporting and maintaining authorized programs, including
costs for personnel salaries and wages, employee fringe benefits, lease
payments, supplies, materials, equipment, and motor vehicles.
"Permanent position" means a
position, the existence of which has no time limitation.
"Phases of capital improvement
project" means land acquisition, design, construction, and occupancy.
"Plan costs" means the costs related
to preparation of general plan, functional plan, master plan, advance plan,
preliminary plan, including feasibility studies.
"Planning" means that process by
which government objectives are formulated; measures by which effectiveness in
attaining the objectives are identified; alternatives by which objectives may
be attained are determined; the full cost, effectiveness and benefit
implications of each alternative are determined; the assumptions, risks and
uncertainties of the future are clarified; and cost and effectiveness and
benefit tradeoffs of the alternatives are identified.
"Position" means a specific job,
whether occupied or vacant, consisting of all duties and responsibilities
assigned or delegated by competent authority, requiring the full- or part-time
employment of one person.
"Position ceiling" means the maximum
number of permanent and temporary full-time equivalent positions that an
expending agency is authorized for a particular program.
"Program" means a combination of
resources and activities designed to achieve an objective or objectives.
"Program size" means the magnitude of
a program, such as the number of persons serviced by the program, the amount of
a commodity, the time delays, the volume of service in relation to population
or area, etc.
"Program size indicator" means a
measure to indicate the magnitude of a program.
"Program structure" means a display
of programs which are grouped in accordance with the objectives to be achieved,
or the functions to be performed.
"Programming" means that process by
which government's long-range program and financial plans are scheduled for
implementation over a six-year period and which specifies what programs are to
be implemented, how they are to be implemented, when they are to be
implemented, and what the costs of such implementation are.
"Reimbursable general obligation
bonds" means general obligation bonds issued for a public undertaking,
improvement, or system from which revenues, or user taxes, or a combination of
both, may be derived for the payment of the principal and interest as
reimbursement to the general fund and for which reimbursement is required by
law, and, in the case of general obligation bonds issued by the State for a
political subdivision, general obligation bonds for which the payment of the
principal and interest as reimbursement to the general fund is required by law
to be made from the revenue of the political subdivision.
"Research and development costs"
means costs primarily associated with the development of a new program, system
or capability to the point where capital and/or operating costs are required to
introduce the program, system or capability into operational use.
"Resource categories" means types of
resources and includes tax revenues, departmental earnings, and federal
receipts.
"Revenue bonds" means all bonds
payable from the revenues, or user taxes, or any combination of both, of a
public undertaking, improvement, system, or loan program and any loan made
thereunder and secured as may be provided by law.
"Revolving fund" means a fund from
which is paid the cost of goods and services rendered or furnished to or by a
state agency and which is replenished through charges made for the goods or
services or through transfers from other accounts or funds.
"Special funds" means funds which are
dedicated or set aside by law for a specified object or purpose, but excluding
revolving funds and trust funds.
"Taxes" and "tax revenue
sources" mean each specific kind of tax.
"Tax revenues" means the amounts
collected from compulsory charges, in the form of taxes, levied by the State
for the purpose of financing services performed for the common public benefit.
"Temporary position" means a
position, the existence of which has a time limitation, or a position that is
not otherwise a permanent position.
"Trust fund" means a fund in which
designated persons or classes of persons have a vested beneficial interest or
equitable ownership, or which was created or established by a gift, grant,
contribution, devise or bequest that limits the use of the fund to designated
objects or purposes.
"Unfunded actuarial accrued
liability" means the portion of the actuarial accrued liability, including
the present value of benefits presently being paid to retirees, that exceeds
the value of current assets.
"Vicing position" means a temporary
position created to backfill for an incumbent who is on an extended period of
authorized leave of absence.
[L 1970, c 185, §2; am L 1972, c 72, §1; am L
1974, c 159, §3 and c 219, §1; am L 1978, c 117, §1; am L 1980, c 101, §1; am L
1996, c 119, §3; am L 2001, c 200, §2; am L 2015, c 146, §2, c 148, §3, and c
160, §4]
HRS §37-63 Statement of policy
37-63. Statement of policy
It is the purpose of this part to establish a comprehensive system for state program and financial management which furthers the capacity of the governor and the legislature to plan, program and finance the programs of the State. The system shall include procedures for:
(1) The orderly establishment, continuing review and
periodic revision of the state program and financial objectives and policies.
(2) The development, coordination and review of
long-range program and financial plans that will implement established state
objectives and policies.
(3) The preparation, coordination and analysis, and
enactment of a budget organized to focus on state programs and their costs,
that authorizes the implementation of the long-range plans in the succeeding
budget period.
(4) The evaluation of alternatives to existing
objectives, policies, plans and procedures that offer potential for more
efficient and effective use of state resources.
(5) The regular appraisal and reporting of program
performance.
[L 1970, c 185, §3]
HRS §37-64 Governing principles
37-64. Governing principles
The system shall be governed by the following general principles:
(1) Planning, programming, budgeting, evaluation,
appraisal and reporting shall be by programs or groups of programs.
(2) The state program structure shall be such as will
enable meaningful decisions to be made by the governor and the legislature at
all levels of the structure. At its lowest level, it shall display those
programs which are the simplest units of activities, about which resource
allocation decisions are to be made by the governor and the legislature.
(3) A program which serves two or more objectives
shall be placed in the program structure along with that objective which it
primarily serves; where desirable, it shall also be placed with other objectives,
but as a nonadd item.
(4) The full cost, including research and
development, capital and operating costs, shall be identified for all programs
regardless of the means of financing; costs shall be displayed in the year of
their anticipated expenditure, regardless of whether such costs have been
authorized to be expended by prior appropriations acts or are authorized to be
expended by existing law or require new appropriations or authorizations.
(5) Objectives shall be stated for every level of the
state program structure.
(6) The effectiveness of programs in attaining
objectives shall be assessed.
(7) Planning shall have a long-range view.
(8) Systematic analysis in terms of problems,
objectives, alternatives, costs, effectiveness, benefits, risks and
uncertainties shall constitute the core of program planning.
[L 1970, c 185,
§4; am L 1974, c 219, §2]
HRS §37-65 Responsibilities of the governor
37-65. Responsibilities of the governor
The governor shall direct the preparation and administration of state programs, program and financial plans, and budget. The governor shall evaluate the long-range program plans, requested budgets and alternatives to state objectives and programs; and formulate and recommend for consideration by the legislature the State's long-range plans, a proposed six-year state program and financial plan and a proposed state budget.
[L 1970, c 185, §5; gen ch 1985]
HRS §37-66 Responsibilities of the legislature
37-66. Responsibilities of the legislature
The legislature shall:
(1) Consider the long-range plans, including the
proposed objectives and policies, the six-year state program and financial
plan, and the budget and revenue proposals recommended by the governor and any
alternatives thereto.
(2) Adopt programs and the state budget, and
appropriate moneys to implement the programs it deems appropriate.
(3) Adopt such other legislation as necessary to
implement state programs.
(4) Review the implementation of the state budget and
program accomplishments and execution of legislative policy direction.
Implementation of the state budget and program management, execution, and
performance shall be subject to post-audits by the auditor who shall report the
auditor's findings and recommendations to the legislature as provided in
chapter 23.
[L 1970, c 185, §6; gen ch 1985]
HRS §37-67 Responsibilities of the department of budget and finance
37-67. Responsibilities of the department of budget and finance
The director of finance shall assist the governor in the preparation, explanation and administration of the state long-range plans, the proposed six-year program and financial plan and the state budget. To this end, subject to this part, the director shall:
(1) With the approval of the governor, develop
procedures and prescribe rules and regulations to guide such state agencies as
may be assigned by the director the task of formulating and preparing the
initial proposals with respect to long-range plans, program and financial
plans, program budget requests and program performance reports and to assure
the availability of information needed for effective policy decision-making.
(2) Assist such state agencies in the formulation of
program objectives, preparation of program plans and program budget requests,
and reporting of program performance.
(3) Coordinate, analyze and revise as necessary the
program objectives, long-range plans, program and financial plans, program
budget requests and program performance reports initially proposed or prepared
by such state agencies and develop the state comprehensive program and
financial plan, budget and program performance report.
(4) Administer its responsibilities under the program
execution provisions of this part so that the policy decisions and budget
determinations of the governor and the legislature are implemented to the
fullest extent possible within the concepts of proper management.
(5) Investigate continuously the administration of
the various agencies for the purpose of advising the governor and recommending
to the governor, the legislature and the committees of the legislature
concerning the duties of the various positions in these agencies, the methods
of the agency, the standards of efficiency therein, and changes which in the
director's judgment will produce greater effectiveness of programs and economy
in the conduct of government programs and assist in the preparation of program
and financial plans, budget requests and program performance reports.
(6) Provide the legislature and any member or
committee of either house of the legislature with such documents and
information as may be requested concerning the programs, budget, and fiscal and
management operations of the State.
[L 1970, c 185, §7; gen ch 1985]
HRS §37-68 Responsibilities of agencies
37-68. Responsibilities of agencies
Under rules as may be prescribed by the director of finance with the approval of the governor:
(1) Each agency assigned the task of developing
programs and preparing program and financial plans, budgetary requests, and
program performance reports shall develop the programs and prepare the plans,
requests, and reports and submit them to the director of finance at times, on
forms, and in a manner as the director may prescribe. For informational
purposes, the University of Hawaii shall submit its program and financial
plans, budgetary requests, and program performance reports to the legislature
at the same time the university submits them to the director of finance. Where
new programs are being proposed, each agency shall demonstrate that the
program:
(A) Is an appropriate function of state
government; and
(B) As applicable, can be implemented by the
public sector as cost-effectively as the private sector while meeting the same
plans, goals, objectives, standards, measures of effectiveness, wage, salary,
conditions of employment, and employee benefit programs of the State;
(2) Each agency administering state programs and each
agency responsible for the formulation of programs and the preparation of
program and financial plans, budgetary requests, and program performance
reports shall furnish the department of budget and finance all documents and
information as the department may from time to time require. Each agency shall
make available all documents and information, as may be requested, to the
legislature and any member or committee of either house of the legislature;
(3) The director of finance or any employee of the
department of budget and finance, when duly authorized, for the purpose of
securing information, shall have access to and may examine any books,
documents, papers, or records of any agency;
(4) Each agency submitting a capital improvement
project proposal shall furnish the department of budget and finance with an
estimate of operational costs for the proposed capital improvement project and
all documents that support the estimate of operational costs. Each agency
shall make available all documents and related information, as may be
requested, to the legislature and any member or committee of either house.
The director of finance shall provide a
summary of this information in the multi-year program and financial plan and
budget submitted to the legislature before the regular session of each
odd-numbered year and the supplemental budget submitted to the legislature
before the regular session of each even-numbered year; and
(5) Each agency responsible for operating or
maintaining a state-owned building, facility, or other improvement shall
furnish the department of budget and finance with an estimate of the deferred
maintenance costs for the building, facility, or other improvement.
The director of finance shall provide a
summary of this information in the multi-year program and financial plan and
budget submitted to the legislature before the regular session of each
odd-numbered year and the supplemental budget submitted to the legislature
before the regular session of each even-numbered year.
For the purposes of this paragraph, "deferred
maintenance costs" means the costs to catch up on the repair and
maintenance of the state-owned building, facility, or other improvement that
has been delayed past the ordinarily scheduled repair and maintenance cycle.
The department of budget and finance may further refine this definition in its
instructions to the agencies furnishing the information.
[L 1970, c 185, §8; am
L 1994, c 263, §1; am L 1998, c 115, §9; am L 2014, c 135, §3; am L 2015, c
150, §2; am L 2017, c 12, §4]
HRS §37-68.5 Position ceiling
37-68.5. Position ceiling
Whenever this part requires a position ceiling to be specified:
(1) The number of permanent positions and temporary
positions shall be separately identified; and
(2) The position ceiling shall be expressed in units
or fractions of full-time equivalent positions.
[L 2015, c 160, §2]
HRS §37-69 The six-year program and financial plan
37-69. The six-year program and financial plan
(a) The governor shall prepare a state six-year program and financial plan encompassing all state programs. Not fewer than thirty days before the legislature convenes in every odd-numbered year, the governor shall submit to the legislature and to each member thereof the six-year program and financial plan. The program and financial plan shall be annually and continually updated and maintained. The program and financial plan, in general, shall contain:
(1) The state program structure;
(2) Statements of statewide objectives and program
objectives;
(3) Program plans that describe the programs
recommended to implement the statewide and program objectives and the manner in
which the recommended programs are proposed to be implemented over the next six
fiscal years; and
(4) A financial plan that shows the fiscal
implications of the recommended programs for the next six fiscal years.
(b) The information contained in the program
and financial plan shall be presented generally in the following manner:
(1) Information shall be displayed by programs, or
groups of programs.
(2) Programs shall be appropriately crosswalked to
expending agencies.
(3) Data shall be appropriately summarized at each
level of the program structure.
(4) Program costs shall include all costs, including
research and development, operating and capital, regardless of the means of
financing except that the means of financing shall be expressly identified; all
costs shall be displayed in the year of their anticipated expenditure,
regardless of whether such costs have been authorized to be expended by prior
appropriations acts or are authorized to be expended by existing law, or
require new appropriations or authorizations.
(5) Cost data shall be presented in units of
thousands of dollars or less.
(6) Comparative data for the last completed fiscal
year and the fiscal year in progress shall be shown.
(c) The financial plan for the ensuing six
fiscal years shall more specifically include:
(1) Economic data for the State and the counties of
the following kinds:
(A) Population: Including historical,
current, and projected population count; population distribution by age and
sex; estimated increases and decreases, including increases and decreases by
immigration;
(B) Employment: Including magnitude of labor
force by age and sex; labor force participation rates; employment by age and
sex; industry and occupational surpluses and shortages; effects of government
programs on employment rate;
(C) Income: Including per capita and per
family income; disposable income; income distribution;
(D) Wages and prices: Including wages by
industry and occupational groups; prices for government procurement items;
construction costs; cost of living index; price indices for components of
personal consumption;
(E) Industry and business trends; and
(F) Effects of national economic and
financial policies and conditions;
(2) Brief statements disclosing the basis upon which
the revenue estimates in the plan were made, including for each specific tax
and nontax revenue source:
(A) The previous projections for the last
completed fiscal year and the fiscal year in progress;
(B) The variance between the projections and
the actual or revised estimate, and the reasons for the variances;
(C) Tax or source base and rates;
(D) Yield projections of existing revenue
sources and existing taxes at authorized rates;
(E) Assumptions made and methodology used in
projections;
(F) Changes recommended; and
(G) Projected yields if changes are adopted; etc.;
(3) At the lowest level on the state program
structure, for each program:
(A) The total actual program cost for the
last completed fiscal year, the estimated cost for the fiscal year in progress,
and the estimated cost for each of the next six fiscal years; research and
development, operating, and capital costs shall be included and the means of
financing shall be identified. The position ceiling and all lease payments
shall be shown for the program, identified by their means of financing;
(B) The program size indicators; the actual
size attained in the last completed fiscal year, the estimated size for the
fiscal year in progress, and the estimated size for each of the next six fiscal
years; and
(C) The effectiveness measures; the actual
level of effectiveness attained in the last completed fiscal year, the
estimated level of effectiveness for the fiscal year in progress, and the
estimated level for each of the next six fiscal years;
(4) Appropriate displays of paragraph (3)(A) and (C),
at every level of the state program structure above the lowest level, by the
major groupings of programs encompassed within the level. The displays of
paragraph (3)(A) shall appropriately identify the means of financing and
position ceiling included in the level;
(5) Financial summaries displaying the State's
financial condition, actual for the last completed fiscal year, and estimated
for the fiscal year in progress and each of the next six fiscal years,
including:
(A) A display of the programmed, total state
expenditures, by cost categories, the total state resources anticipated from
existing tax and nontax sources at existing rates, by resource categories,
including the fund balance or deficit at the beginning of the fiscal year and
bond receipts, and the resulting fund balance or deficit at the close of each
fiscal year. Lease payments in each cost category shall be stated separately;
and
(B) The changes proposed to the existing tax
and nontax rates, sources or structure, and the estimated increases or
reductions in revenues, the estimated cumulative increases or reductions, and
the estimated fund balance or deficit in each of the next six fiscal years as a
result of such proposed changes. Proposals for changes in the existing tax and
nontax rates, sources or structure shall be made in every case where the
proposed, total state expenditures exceed the total resources anticipated from
existing tax and nontax sources at existing rates.
The financial summaries shall be prepared for the
total state expenditures and resources and for the general fund and special
fund portions thereof;
(6) A summary of the balance of each special fund,
actual for the last completed fiscal year and estimated for the fiscal year in
progress and estimated for each of the next six fiscal years;
(7) A summary of the State's total bond fund required
to carry out the recommended programs and the kinds of bonds and amounts
thereof through which the requirements were met in the last completed fiscal
year, are to be met in the fiscal year in progress, and are proposed to be met
in each of the next six fiscal years. The summary shall detail, for each
fiscal year:
(A) Of the total bond fund requirements, the
amount, by cost categories, requiring new bond issuance authorization and the
kinds and amounts of bonds planned for issuance under the new authorizations;
(B) By bond categories, the total, cumulative
balance of bonds authorized in prior years but unissued and the amount thereof
proposed to be issued; and
(C) A recapitulation of the total bonds to be
issued, including both new authorizations and prior authorizations, by bond
categories;
(8) Separately for general fund tax revenues, special
fund tax revenues, general fund nontax revenues, and special fund nontax
revenues:
(A) By kinds of taxes or sources, the amount
of revenue from existing, authorized taxes or sources at existing rates
received in the last completed fiscal year and estimated to be received in the
fiscal year in progress and in each of the next six fiscal years;
(B) A summary of the proposed changes in the
existing taxes or sources or rates, and the estimated increases or reductions
in revenues in each of the next six fiscal years resulting from such changes;
and
(C) The total estimated revenues with and
without the proposed changes in each of the next six fiscal years;
(9) A summary of the State's total payments due under
financing agreements required to carry out the recommended programs and the
kinds of financing agreements and amounts thereof through which the
requirements were met in the last completed fiscal year, are to be met in the
fiscal year in progress, and are proposed to be met in each of the next six
fiscal years. The summary shall detail, for each fiscal year:
(A) Of the total financing agreement
requirements, the amount, by cost categories, requiring new financing agreement
authorizations and the kinds and amounts of financing agreements planned for
execution and delivery under the new authorizations;
(B) By cost category, the cumulative balance
of financing agreements authorized in prior years but not executed and
delivered and the amount proposed to be executed and delivered; and
(C) A recapitulation of the total financing
agreements to be executed and delivered, including both new authorizations and
prior authorizations, by cost categories; and
(10) A summary of the state government's pension
liability and other post-employment benefit liability for which the most
current information is available, including:
(A) Unfunded actuarial accrued liability
specified in the latest actuarial valuation report available in the pertinent
fiscal year;
(B) Funded ratio specified in the latest
actuarial valuation report available in the pertinent fiscal year;
(C) Funding period specified in the latest
actuarial valuation report available in the pertinent fiscal year; and
(D) Annual required contribution for the
pertinent fiscal year and the proportion of the annual required contribution
budgeted to be paid in that fiscal year.
(d) The program plans for the ensuing six
fiscal years shall more specifically include:
(1) At the lowest level on the state program
structure, for each program:
(A) A statement of its objectives;
(B) Measures by which the effectiveness in
attaining the objectives is to be assessed;
(C) The level of effectiveness planned for
each of the ensuing six fiscal years;
(D) A brief description of the activities
encompassed;
(E) The program size indicators;
(F) The program size planned for each of the
next six fiscal years;
(G) A narrative explanation of the plans for
the program. It shall contain, and in general be limited to, the following:
(i) A description of the kinds of activities
carried out or unusual technologies employed;
(ii) A statement of key policies pursued;
(iii) Identification of important program or
organizational relationships involved;
(iv) A description of major external trends
affecting the program;
(v) A discussion of significant discrepancies
between previously planned cost, effectiveness, and program size levels and
those actually achieved;
(vi) Comments on, and an interpretation of,
cost, effectiveness, and program size data over the upcoming budget period,
with special attention devoted to changes from the current budget period;
(vii) Comments on, and an interpretation of,
cost, effectiveness, and program size data over the four years of the planning
period and how they relate to the corresponding data for the budget period; and
(viii) A summary of the special analytic study,
program evaluation, or other analytic report supporting a substantial change in
the program where such a major program change recommendation has been made;
(H) The full cost implications of the
recommended programs, by cost categories and cost elements, actually
experienced in the last completed fiscal year, estimated for the fiscal year in
progress, and estimated for each of the next six fiscal years. The means of
financing shall be identified for each cost category. The personal services
cost element and the lease payments cost element shall be shown separately; the
cost elements of other current expenses, equipment, and motor vehicles may be
combined. The position ceiling for the program shall be appropriately
identified by means of financing;
(I) A recapitulation of subparagraph (H) for
the last completed fiscal year, the fiscal year in progress and each of the
next six fiscal years, by means of financing grouped under each cost category.
The position ceiling for any program shall be appropriately identified;
(J) An identification of the revenues
generated in the last completed fiscal year and estimated to be generated in
the fiscal year in progress and in each of the next six fiscal years, and the
fund into which the revenues are deposited;
(K) Details of implementation of each capital
improvement project included in the total program cost, including:
(i) A description of the project, location, and
scope;
(ii) The initially estimated, currently
estimated, and final cost of the project, by investment cost elements and by
means of financing;
(iii) The amounts previously appropriated by the
legislature for the project, by cost elements and by means of financing
specified in the acts appropriating the sums, and an identification of the acts
so appropriating;
(iv) The costs incurred in the last completed
fiscal year and the estimated costs to be incurred in the fiscal year in
progress and in each of the next six fiscal years, by cost elements and by
means of financing; and
(v) A commencement and completion schedule, by
month and year, of the various phases of the capital improvement project (i.e.,
land acquisition, design, construction, and occupancy) as originally intended,
as currently estimated, and as actually experienced; and
(L) A crosswalk of the program expenditures,
by cost categories and cost elements between the program and expending agencies
for the next two fiscal years. The means of financing for the program costs to
be expended by, and position ceiling for, each agency shall be specified; and
(2) Appropriate displays at every level of the state
program structure above the lowest level. The displays shall include:
(A) A listing of all major groupings of
programs included within the level, together with the objectives, measures of
effectiveness, and planned levels of effectiveness for each of the ensuing six
fiscal years for each of the major groupings of programs; and
(B) A summary of the total cost of each cost
category by the major groupings of programs encompassed within the level,
actual for the last completed fiscal year and estimated for the fiscal year in
progress and for each of the next six fiscal years.
[L 1970, c 185, §9; am L
1972, c 72, §§2, 5; am L 1974, c 219, §3; am L 1991, c 125, §2; am L 1996, c
119, §4; am L 2015, c 146, §3 and c 160, §5]
HRS §37-70 Program memoranda
37-70. Program memoranda
(a) Not later than the third Wednesday of January of each odd-numbered year, the governor shall submit to the legislature and to each member thereof, a program memorandum covering each of the major programs in the statewide program structure. Each program memorandum will include:
(1) An overview of the program as a whole including a
discussion of:
(A) Objectives.
(B) Component programs.
(C) Departments involved.
(D) Relationships to other agencies and
jurisdictions.
(E) Major activities.
(F) Important external developments affecting
the program.
(G) Significant discrepancies between
previously planned cost and effectiveness levels and those actually achieved.
(H) Trends and comparisons in costs,
effectiveness, or activity data over the budget and planning period.
(2) A statement of the major program changes being
recommended for the budget and planning period to include for each proposed
change:
(A) A brief statement of the recommended
change.
(B) The cost and program performance
consequences of the change over the budget and planning period.
(C) A summary of the analytic rationale for
the change.
(3) A discussion of emerging conditions, trends and
issues including:
(A) Actual or potential impact on the State
and its programs.
(B) Possible alternatives for dealing with
the specific problems occasioned by the emerging conditions, trends, and
issues.
(C) Suggestions for a program of analyses to
resolve the most urgent of the problems.
(4) Appendices as needed to include appropriate issue
papers, special analytic studies, other reports, and crucial source data.
(b) If it is deemed more desirable, the
program memoranda and the six-year program and financial plan may be combined
into a single document containing all the information required for each
separate document.
[L 1972, c 72, §4; am L 1974, c 219, §4]
HRS §37-71 The budget
37-71. The budget
(a) Not fewer than thirty days before the legislature convenes in every odd-numbered year, the governor shall submit to the legislature and to each member thereof a budget that shall contain the program and budget recommendations of the governor for the succeeding two fiscal years. The budget, in general, shall contain:
(1) The state program structure;
(2) Statements of statewide objectives;
(3) The financial requirements for the next two
fiscal years to carry out the recommended programs; and
(4) A summary of state receipts and revenues in the
last completed fiscal year, a revised estimate for the fiscal year in progress,
and an estimate for the succeeding biennium.
(b) The information contained in the budget
shall be presented generally in the following manner:
(1) Information shall be displayed by programs or
groups of programs.
(2) Program financial requirements shall be
appropriately crosswalked between the programs and expending agencies.
(3) Data shall be appropriately summarized at each
level of the program structure.
(4) Program costs shall include all costs, including
research and development, operating and capital, regardless of the means of
financing, except that the means of financing shall be expressly identified,
and regardless of whether the expenditure of any sum was authorized by prior
appropriations acts, is authorized by existing law, or requires new
authorization, except that the amounts requiring new authorization shall be
appropriately identified.
(5) Financial requirements shall be presented to the
nearest dollar, omitting cents; and the summary of state receipts and revenues
shall be presented to the nearest thousand dollars.
(6) The budget shall reflect the ensuing first two
fiscal year program costs contained in the six-year program and financial plan.
(c) The display of financial requirements for
the ensuing two fiscal years shall more specifically include:
(1) At the lowest level on the state program
structure, for each program:
(A) The total recommended expenditures,
including research and development, capital and operating costs, by cost
categories and cost elements for the ensuing biennium; the planned allocation
of the total biennial request, by cost categories, and cost elements, between
the two fiscal years of the biennium. The means of financing and position
ceiling included in any cost category amount shall be appropriately identified;
(B) A summary showing means of financing the
total recommended expenditures, those amounts requiring and those amounts not
requiring legislative appropriation or authorization for spending in each
fiscal year of the biennium;
(C) A crosswalk of the total proposed
biennial expenditures between the program and expending agencies. The means of
financing, position ceiling, and the lease payments included in any cost
amount, and the net amount requiring appropriation or authorization shall be
appropriately identified for each expending agency; and
(D) The proposed changes in the levels of
expenditures, by cost categories, between the biennium in progress and the
ensuing biennium, together with a brief explanation of the major reasons for
each change. The reasons shall include, as appropriate, the following:
(i) Salary adjustments to existing positions of
personnel;
(ii) The addition or deletion of positions to or
from the position ceiling;
(iii) Changes in the number of persons being
served or to be served by the program;
(iv) Changes in the program implementation
schedule;
(v) Changes in the actual or planned level of
program effectiveness;
(vi) Increases due to the establishment of a
program not previously included in the State's program structure;
(vii) Decreases due to the phasing out of a
program previously included in the State's program structure; and
(viii) Changes in the purchase price of goods or
services[.]
As appropriate, references to the program and
financial plan shall be noted for an explanation of the changes.
Notwithstanding the provisions of subsection (b)(5), the proposed changes in
the levels of expenditures may be shown to the nearest thousand dollars;
(2) Appropriate summaries of paragraph (1)(A) and (C)
immediately above at every level of the state program structure above the
lowest level. The summaries shall be by the major groupings of programs
encompassed within the level. The summaries of paragraph (1)(A) shall identify
the means of financing, position ceiling, and lease payments included in any
cost category amount; and
(3) A summary listing of all capital improvement
projects included in the proposed capital investment costs for the ensuing
biennium. The listing shall be by programs at the lowest level of the state
program structure and shall show for each project, by investment cost elements:
(A) The cost of the project;
(B) The amount of funds previously
appropriated and authorized by the legislature; and
(C) The amount of new appropriations and
authorizations proposed in each of the two fiscal years of the ensuing biennium
and in each of the succeeding four years. The amount of the new appropriations
and authorizations proposed shall constitute the proposed new requests for the
project in each of the fiscal bienniums.
In every instance, the means of financing shall
be noted.
(d) The summaries of the state receipts and
revenues shall more specifically include:
(1) Financial summaries displaying the State's
financial condition, to-wit:
(A) A display of the proposed, total state
expenditures, by cost categories, the total state resources anticipated from
existing taxes and nontax sources at existing rates, by resource categories
(including the available fund balances or deficits and anticipated bond
receipts), and the fund balance or deficit resulting therefrom for the biennium
in progress, for the ensuing biennium, and for each of the two fiscal years of
the ensuing biennium; and
(B) The changes proposed to the existing tax
and nontax rates, sources, or structure, and the estimated cumulative increases
or reductions, and the estimated fund balance or deficit in the ensuing
biennium and in each of the two fiscal years of the biennium as a result of
such proposed changes. Proposals for changes in the existing tax and nontax
rates, sources, or structure shall be made in every case where the proposed,
total state expenditures exceed the total state resources anticipated from
existing tax and nontax sources at existing rates.
Such financial summaries shall be prepared for
the total state expenditures and resources and for the general fund and special
fund portions thereof;
(2) A summary of the balances of each special fund,
actual for the last completed fiscal year and estimated for the fiscal year in
progress and for each of the two fiscal years in the ensuing biennium;
(3) A summary of the State's total bond fund required
to carry out the recommended programs and the kinds of bonds and amounts
thereof through which such requirements are to be met in the biennium in
progress and in each of the two fiscal years in the ensuing biennium. The
summary shall detail for the biennium in progress and for each of the two years
of the ensuing biennium:
(A) Of the total requirements, the amount, by
cost categories, requiring new bond issuance authorization and the kinds and
amounts of bonds planned for issuance under such new authorization;
(B) By bond categories, the total, cumulative
balance of bonds authorized in prior years but unissued and the amount thereof
planned to be issued; and
(C) A recapitulation of the total bonds, both
new authorizations and prior authorizations, by bond categories, proposed to be
issued;
(4) A tentative schedule by quarter and fiscal year
of the amount of general obligation bonds and the amount of revenue bonds
proposed to be issued in the ensuing fiscal biennium;
(5) A schedule of projected debt service charges for
general obligation bonds outstanding at the time of the submission of the
budget and to be issued by the close of the budget biennium in progress and the
close of the ensuing budget biennium. The projection shall be separately
stated for:
(A) Bonds currently outstanding;
(B) Bonds to be issued during the remainder
of the fiscal biennium in progress and during the ensuing fiscal biennium; and
(C) The total bonds currently outstanding and
to be issued.
In each case, the projection shall be categorized
into debt service to be paid directly from the general fund, debt service to be
paid through reimbursements, and total debt service. The projection shall
extend at least five years beyond the close of the ensuing fiscal biennium. An
explanation shall be appended to the schedule, which shall include among other
things, the amount of bonds to be issued during the fiscal year in progress and
in each of the two fiscal years of the ensuing biennium, the maturities of the
bonds to be issued, the method of retirement, and the interest rate assumed in
the projection;
(6) A schedule of the current state funded debt,
legal debt limit, and the legal debt margin, including the details thereof. In
any budget which proposes appropriations for which the source of funding is
general obligation bonds, the schedule shall include a declaration by the
director of finance and computations showing that the total amount of principal
and interest, estimated for such proposed appropriations and for all bonds
authorized and unissued and calculated for all bonds issued and outstanding, will
not cause the debt limit to be exceeded at the time of issuance;
(7) Separately for general fund tax revenues, special
fund tax revenues, general fund nontax revenues, and special fund nontax
revenues:
(A) By kinds of taxes or sources, the amount
of revenue from existing, authorized taxes or sources at existing rates
received in the last completed fiscal year and estimated to be received in the
fiscal year in progress and in each of the two fiscal years in the ensuing
biennium, with appropriate totals for the two bienniums;
(B) A summary of the proposed changes in the
existing taxes or sources or rates, and the estimated increases or reductions
in revenues in each of the two years in the ensuing fiscal biennium resulting
from such changes; and
(C) The total estimated revenues with and
without the proposed changes;
(8) A summary of the State's total payments due under
financing agreements required to carry out the recommended programs and the
kinds of financing agreements and amounts thereof through which those
requirements are to be met in the biennium in progress and in each of the two
fiscal years in the ensuing biennium. The summary shall detail for the
biennium in progress and for each of the two years of the ensuing biennium:
(A) Of the total financing agreement
requirements, the amount, by cost categories, requiring new financing agreement
authorizations and the kinds and amounts of financing agreements planned for
execution and delivery under the new authorizations;
(B) By cost category, the cumulative balance
of financing agreements authorized in prior years but not executed and
delivered and the amount thereof proposed to be executed and delivered; and
(C) A recapitulation of the total financing
agreements to be executed and delivered, including both new authorizations and
prior authorizations, by cost categories; and
(9) The same information required under section 37-69(c)(10)
for the state government's pension and other post-employment benefits
liabilities.
(e) The proposed budget shall include:
(1) A statement of the percentage differences between
the current biennium recommendations and the previous biennium appropriations
for education programs. The information shall be displayed by programs or
groups of programs, with corresponding amounts and percentage differences. If
any component of an education program is added or removed, the governor shall
provide an estimate of how the addition or removal affects the current biennium
recommendations;
(2) A statement of the difference between the total
amount proposed for the current biennium and the total amount expended in the
previous biennium for education programs per pupil; and
(3) Other financial statements, information, and data
that in the opinion of the governor are necessary or desirable in order to make
known in all practical detail the programs, program plans, and financial
conditions of the State.
As used in this subsection, "education
programs" include instructional, personnel, transportation, facilities,
facilities repair and maintenance, and other programs deemed appropriate by the
department of education.
(f) The proposed budget shall contain an item
to be known as the "contingent fund", which sum, upon approval by the
legislature, shall be available for allocation by the governor during the
ensuing fiscal biennium to meet contingencies as they arise.
(g) If it is deemed more practical, the
six-year program and financial plan and the budget may be combined into a
single document containing all the information required for each separate
document.
[L 1970, c 185, §10; ren and am L 1972, c 72, pt of §§3, 6; am L
1974, c 219, §5; am L 1980, c 64, §1; am L Sp 1981 1st, c 3, §4; am L 1991, c
125, §3; am L 1993, c 364, §5; am L 1996, c 119, §5; am L 2015, c 146, §4 and c
160, §6]
HRS §37-72 Supplemental budget
37-72. Supplemental budget
(a) Not fewer than thirty days before the legislature convenes in regular session in an even-numbered year, the governor may submit to the legislature a supplemental budget to amend any appropriation for the current fiscal biennium. The supplemental budget shall reflect the changes being proposed in the State's program and financial plan and shall be submitted as applicable, in the manner provided in section 37-71. In any supplemental budget that proposes appropriations for which the source of funding is general obligation bonds, the budget shall include the schedule, declaration, and computation specified in section 37-71(d)(6).
(b) In each regular session in an
even-numbered year, the legislature may amend any appropriation act of the
current fiscal biennium or prior fiscal periods.
[L 1970, c 185, §11; ren L
1972, c 72, §3; am L Sp 1981 1st, c 3, §5; am L 1991, c 125, §4]
HRS §37-73 Legislative review
37-73. Legislative review
The legislature shall consider the governor's proposed program and financial plan and budget; evaluate alternatives to the governor's recommendations; and adopt programs and determine the state budget. It may, from time to time, request the department of budget and finance and any agency to conduct such analysis of programs and finances as will assist in determining the State's program and financial plan and budget.
[L 1970, c 185, §12; ren L 1972, c 72, §3]
HRS §37-74 Program execution
37-74. 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]
HRS §37-75 Variance report
37-75. Variance report
Not fewer than thirty days prior to the convening of each regular session of the legislature, the governor shall submit to the legislature and to each member thereof a report on program performance for the last completed fiscal year and the fiscal year in progress. In format, the report generally shall follow the fiscal requirements portion of the executive budget or budgets. The report shall include:
(1) At the lowest level of the program structure, for
each program contained in the budget finally approved by the legislature for
the last completed fiscal year and the fiscal year in progress:
(A) A comparison, by the operating and
research and development cost categories, of the budgeted expenditures and the
actual expenditures for the last completed fiscal year and the budgeted
expenditures and the estimated expenditures for the fiscal year in progress;
(B) A comparison, for the operating and
research and development cost categories, of the budgeted expenditures and
position ceiling and the actual expenditures and positions filled in the last
completed fiscal year and a comparison of the budgeted expenditures and the
position ceiling for the fiscal year in progress and the actual expenditures
and number of positions filled in the first three months of the fiscal year in
progress and the estimated expenditures and number of positions expected to be
filled in the remaining months of the fiscal year in progress;
(C) The program size indicators and a
comparison of the program size anticipated and the size actually realized in
the last completed fiscal year and the program size anticipated and the size
estimated for the fiscal year in progress;
(D) The effectiveness measures and a
comparison of the level of effectiveness anticipated and the level actually
attained in the last completed fiscal year and the level of effectiveness
anticipated and the level estimated for the fiscal year in progress; and
(E) A narrative explanation of the
significant differences for the last completed fiscal year in each of the
comparisons made in subparagraphs (A), (B), (C), and (D), including an
explanation of the basis upon which the original estimates were made and the reasons
why the estimates proved accurate or inaccurate, and a statement of what the
actual experience portends for the future of the program in terms of costs,
size, and effectiveness;
provided that expenditure amounts in the
comparisons shall be shown to the nearest thousand dollars;
(2) Appropriate summaries at each level of the state
program structure for each major grouping of programs encompassed therein,
showing:
(A) A comparison of the total budgeted
expenditure and the total actual expenditure for the last completed fiscal year
and the total budgeted expenditure and the total estimated expenditure for the
fiscal year in progress; provided that the expenditure amounts shall be shown
to the nearest thousand dollars;
(B) The effectiveness measures and a
comparison of the level of effectiveness anticipated and the level actually
attained in the last completed fiscal year and the level of effectiveness
anticipated and the level estimated for the fiscal year in progress; and
(C) A narrative explanation summarizing the
major reasons for the differences in the comparisons made for the last
completed fiscal year in subparagraphs (A) and (B); and
(3) A narrative explanation of the significant
variations in capital improvement costs; provided that capital improvement
project variances shall be referenced to the six-year program and financial
plan, which shall contain the information specified in section 37‑69(d)(1)(K).
[L 1970, c 185, §14; ren L 1972, c 72, §3; am L 1974, c 219, §7; am L 1979, c
69, §1; am L 1991, c 125, §5; am L 2015, c 160, §8]
HRS §37-76 Publication
37-76. Publication
The state six-year program and financial plan, the budget and the variance report shall be printed with a reasonable number of copies for public distribution.
L 1970, c 185,
§15; ren L 1972, c 72, §3; am L 1974, c 219, §8
HRS §37-77 Claims for legislative relief
37-77. Claims for legislative relief
All claims for refunds, reimbursements, or other payments, authorization for which is sought from the legislature, shall, as a condition to their being considered by the legislature, be filed with the attorney general together with all data and documents in support thereof within six years from the date on which the claim for payment matured. In the absence of a showing of sufficient reason therefor, failure to comply with this paragraph shall be deemed sufficient cause for refusal of the legislature to consider the claims.
The attorney general shall, immediately upon
receipt thereof, refer any claim and data so received by the attorney general
to the agency concerned or the comptroller, and the agency to which the
reference is made or the comptroller shall immediately investigate the claim,
secure all available data and documents bearing thereon, and refer the same
back to the attorney general with its recommendations thereon. The attorney
general shall review the claim and make a recommendation as to the disposition
of the claim.
The attorney general shall, within five days
after the opening of the session, transmit to the legislature the claims which
are then recommended for approval in an appropriate legislative bill form,
together with an explanation for each claim. Additional recommendations for
approval may be transmitted later in the session. All claims for which there
is a recommendation of denial shall also be reported to the legislature with an
explanation. The data and documents submitted by claimants shall be available
for inspection by the legislature.
The attorney general shall consult with the
governor prior to entering into any settlement agreement for awards exceeding
$75,000 that are subject to legislative approval.
[L 1970, c 185, §16; ren L
1972, c 72, §3; am L 1973, c 178, §1; am L 1981, c 143, §1; gen ch 1985; am L
1990, c 81, §1; am L 1999, c 111, §§6, 7]
HRS §37-77.5 Claims against the State; remedial measures
37-77.5. Claims against the State; remedial measures
] (a) The attorney general shall develop and implement a procedure, no later than October 1, 1999, for advising its client agencies on how to avoid future claims, by requesting client agencies to take corrective action to eliminate or mitigate those factors identified by the attorney general as contributing to the State's negligence. Based upon this advice, the client agencies shall develop new policies or modify existing practices to avoid repetition of similar claims.
(b) The attorney general shall submit a report
to the speaker of the house of representatives, the president of the senate,
and the chairs of the house and senate judiciary committees no later than
twenty days prior to the convening of each regular legislative session
describing the claims and the attendant circumstances therein and containing
the advice for corrective action rendered to the agency. The report shall also
contain the remedial measures which the attorney general shall take or
recommended that the legislature take if an agency fails to take corrective
action within a reasonable period of time. The report shall be deemed a
confidential and privileged communication to the legislature and shall not be
disclosed pursuant to sections 92F-13 and 92F-19(b).
[L 1999, c 111, §5]
HRS §37-78 Schedule of implementation
37-78. Schedule of implementation
The governor shall submit to the legislature:
(1) At the regular session of 1975, and every
odd-numbered year's session thereafter, the program memoranda described in
section 37-70.
(2) At the regular session of 1975, and every
odd-numbered year's session thereafter, the governor's proposed state budget
and six-year program and financial plan.
[L 1970, c 185, §17; ren L 1972, c 72,
§3; am L 1974, c 219, §9; gen ch 1985]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol01_Ch0001-0042F/HRS0037/HRS_0037-.htmFetched: 11/10/2026