Bill Text: HI SB2007 | 2010 | Regular Session | Amended
Bill Title: Budgetary Powers; Legislature; Governor
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-03-17 - (H) The committee(s) recommends that the measure be deferred. [SB2007 Detail]
Download: Hawaii-2010-SB2007-Amended.html
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THE SENATE |
S.B. NO. |
2007 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to budgetary powers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 37-31, Hawaii Revised Statutes, is amended to read as follows:
"§37-31 Intent and policy.
It is declared to be the policy and intent of the legislature that the total
appropriations made by it, or the total of any budget approved by it, for any
department or establishment, shall be deemed to be the maximum amount
authorized to meet the requirements of the department or establishment for the
period of the appropriation, excepting as may otherwise be provided by law, and
that the governor and the director of finance should be given the powers
granted by sections 37-32 to 37-41 in order that savings may be effected by
careful supervision throughout each appropriation period with due regard to
changing conditions; and by promoting more economic and efficient management of
state departments and establishments[.]; provided that the powers
granted to the governor and the director of finance by sections 37-32 to 37-41
shall not be construed to include the power to:
(1) Restrict funding to a program to the extent that the program cannot adequately execute its intended purpose; or
(2) Suspend or abolish any existing program,
if the program has been authorized by the legislature and moneys have been appropriated for the program, unless specifically authorized by legislative act, or the restriction, suspension, or abolition is made pursuant to a declaration of emergency by the governor."
SECTION 2. Section 37-36, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The director of finance may modify or amend any previous allotment upon notice to the department or establishment concerned; provided that:
(1) For the University of Hawaii, the director of finance may modify or amend any previous allotment only upon application of or notice to the university, and upon public declaration, which shall be made ten days prior to the modification or amendment taking effect;
(2) The modification or amendment shall be made only to avoid an illegal result or in anticipation of a revenue shortfall;
(3) No deficit or undue reduction of funds to meet
future needs of the department or establishment will result from the
modification or amendment; [and]
(4) No modification or amendment shall reduce an
allotment below the amount required to meet valid obligations or commitments
previously incurred against the allotted funds[.]; and
(5) No modification or amendment shall reduce an allotment below the amount required to adequately execute the intended purpose of an existing program authorized by the legislature and for which moneys have been appropriated, unless specifically authorized by legislative act, or the modification or amendment is made pursuant to a declaration of emergency by the governor."
SECTION 3. Section 37-37, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Except as provided in
subsection (b), when the director of finance determines at any time that the
probable receipts from taxes or any other sources for any appropriation will be
less than was anticipated, and that consequently the amount available for the
remainder of the term of the appropriation or for any allotment period will be
less than the amount estimated or allotted therefor, the director shall, with
the approval of the governor and after notice to the department or
establishment concerned, reduce the amount allotted or to be allotted; provided
that no reduction reduces any allotted amount below the amount required to meet
valid obligations or commitments previously incurred against the allotted
funds[.]; and provided further that no reduction shall decrease an
allotment below the amount required to adequately execute the intended purpose
of an existing program authorized by the legislature and for which moneys have
been appropriated, unless specifically authorized by legislative act or the
reduction is made pursuant to a declaration of emergency by the governor."
SECTION 4. Section 37-65, Hawaii Revised Statutes, is amended to read as follows:
"[[]§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. The governor shall not utilize the powers
granted under sections 37-32 to 37-41 to:
(1) Restrict funding to a program to the extent that the program cannot adequately execute its intended purpose; or
(2) Suspend or abolish any existing program,
if the program is authorized by the legislature and moneys have been appropriated for the program, unless specifically authorized by legislative act or the restriction, suspension, or abolishment is made pursuant to a declaration of emergency by the governor."
SECTION 5. Section 37-66, Hawaii Revised Statutes, is amended to read as follows:
"[[]§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) Unless otherwise provided by law, have the sole power by law to establish new programs or suspend or abolish an existing program for which public moneys must be appropriated and expended;
[(3)] (4) Adopt such other
legislation as necessary to implement state programs[.]; and
[(4)] (5) 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."
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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Report Title:
Budgetary Powers; Legislature; Governor
Description:
Clarifies the budgetary powers of the legislature and the executive branches of government.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
