THE SENATE |
S.B. NO. |
1137 |
THIRTY-FIRST LEGISLATURE, 2021 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE SPOUSE AND CHILD ABUSE SPECIAL FUND.
BE IT ENACTED
BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds
that Congress passed the Family First Prevention Services Act of 2018 (Family First)
as part of the Bipartisan Budget Act of 2018, Public Law 115-123. Family First changes the way states
may spend and claim funds pursuant to title IV-E of the Social Security Act (title
IV-E funds). Previously, title IV-E funds
could only be used for foster care maintenance, adoption assistance, kinship guardianship
assistance, and related training and administrative
expenses. Family First provides reimbursement
of title IV-E funds for child abuse and prevention services. Hawaii will soon submit its Family First Hawaii
Plan for federal review, and upon approval, Hawaii will have the option to use state
and title IV‑E funds for prevention services that would allow children who
have been abused or neglected or are at risk of being abused or neglected to remain
with their parents or relatives.
The
legislature further finds that Section 346-7.5, Hawaii Revised Statutes, currently
allows up to $3,000,000 to be retained in the spouse and child abuse special fund. To maximize Hawaii's ability to draw additional
federal fund reimbursement available through Family First, the department needs
a significant source of sustainable non-federal revenue to support spouse and child
abuse and neglect prevention and intervention services, including personnel costs. With the projected loss of state revenue due to
the coronavirus disease 2019 (COVID-19) pandemic and the resulting economic crisis,
an increase in the amount the spouse and child abuse special fund is allowed to
retain is necessary to meet the projected decrease in general funds appropriations.
The
legislature also finds that the department of human services is seeking to retain
all unencumbered and unexpended funds in the spouse and child abuse special fund
up to $5,000,000 including Family First federal reimbursements and title IV-E federal
reimbursements received in the fiscal year following the year in which the funds were expended to secure a stable source of
funding for spouse abuse, child abuse and neglect prevention, intervention,
and other services.
The purpose of this Act is to allow the spouse and child abuse special
fund to retain all unencumbered and unexpended moneys up to $5,000,000 including
Family First and title IV-E federal reimbursements received in the fiscal year following
the year in which the funds were expended.
SECTION 2. Section 346-7.5,
Hawaii Revised Statutes, is amended by amending
subsection (e) to read as follows:
"(e) All unencumbered and unexpended
moneys in excess of [$3,000,000] $5,000,000 in the spouse and child
abuse special fund shall lapse to the credit
of the general fund. Upon dissolution of
the spouse and child abuse special fund, any unencumbered moneys in the fund shall
lapse to the general fund."
SECTION 3. Statutory
material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Spouse and Child Abuse Special Fund
Description:
Amends the spouse and child abuse special fund to allow up to $5,000,000 of federal reimbursements received from the U.S. Department of Health and Human Services, Administration for Children and Families, in the year following the fiscal year in which Family First Prevention Services funds and the Title IV-E funds were expended to be deposited and retained. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.