Bill Text: HI SB248 | 2016 | Regular Session | Introduced
Bill Title: Trust Funds; Appropriations
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2015-12-17 - Carried over to 2016 Regular Session. [SB248 Detail]
Download: Hawaii-2016-SB248-Introduced.html
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THE SENATE |
S.B. NO. |
248 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to trust funds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to address trust funds.
More specifically, this Act subjects the expenditure of trust funds for the compensation of public employees and contracts for services to appropriation and allotment.
The legislature emphasizes that this Act applies only to expenditures for the compensation of public employees and contracts for services. This Act is not intended to apply to expenditures for goods or construction, as those terms are defined under the state procurement code in section 103D-104, Hawaii Revised Statutes.
SECTION 2. Section 37-40, Hawaii Revised Statutes, is amended to read as follows:
"§37-40 Exceptions; trust funds. (a) Except as to administrative expenditures, and except as otherwise provided by subsection (b) or another law, expenditures from trust funds may be made by any department or establishment without appropriation or allotment; provided that no expenditure shall be made from and no obligation shall be incurred against any trust fund in excess of the amount standing to the credit of the fund or for any purpose for which the fund may not lawfully be expended.
Nothing in sections 37-31 to 37-41 shall require any trust fund established pursuant to law be reappropriated annually.
(b) Expenditures of trust funds for the compensation, including fringe benefits, of public employees and contracts for services, as defined under section 103D-104, shall be subject to appropriation and allotment. If a conflict between this subsection and any other law occurs, this subsection shall control unless the other law expressly specifies otherwise."
SECTION 3. Section 302A-1122, Hawaii Revised Statutes, is amended to read as follows:
"[[]§302A-1122[]]
Gifts. The board may receive and manage moneys or other property, real,
personal, or mixed, that may be given, bequeathed, devised, or in any manner
received from sources other than the legislature or any federal appropriation
for the purposes of the department. All such moneys received by, or on behalf
of, the department shall be paid into the state treasury[, and all].
All such moneys are appropriated for [the use of] expenditure by
the department[.]; provided that the expenditure of trust funds for
the compensation, including fringe benefits, of public employees or contracts
for services shall be subject to appropriation in the state budget,
supplemental budget, or other legislative act. The board shall cause to be
kept suitable books of accounts wherein shall be recorded each gift, the
essential facts of its management, and the expenditure of the income."
SECTION 4. Section 304A-106, Hawaii Revised Statutes, is amended to read as follows:
"[[]§304A-106[]]
Gifts; investment authority. (a) The board of regents may receive,
manage, and invest moneys or other property, real, personal, or mixed, which
may be given, bequeathed, devised, or in any manner received from sources other
than the legislature or any federal appropriation for the purpose of the
university, its improvement or adornment, or the aid or advantage of students
or faculty, and in general act as trustee on behalf of the university for any
of such purposes or objects.
(b) Any law to the contrary
notwithstanding, land-grant college aid moneys obtained under section [[]304A-2401[]]
may be received, managed, and invested pursuant to this section.
(c) Expenditures of trust funds for the compensation, including fringe benefits, of public employees and contracts for services shall be subject to section 37-40(b).
[(c)] (d) The
board of regents shall cause to be kept suitable books of account wherein shall
be recorded each gift, the essential facts of the management thereof, and the
expenditure of the income. A statement of all trust funds shall be included in
the annual report to the governor and the legislature."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2016.
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INTRODUCED BY: |
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Report Title:
Trust Funds; Appropriations
Description:
Requires the expenditure of trust funds for the compensation, including fringe benefits, of public employees and contracts for services to be subject to appropriation and allotment. Effective 07/01/16.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
