Chapter 37 — Budget

PART I. PREPARATION OF BUDGET--REPEALED §§37-1 to 14 REPEALED. L 1970, c 185, §18.

[PART VI. COUNCIL ON REVENUES] §37-111 Council on revenues. (a) There shall be a council on revenues which shall prepare revenue estimates of the state government for the fiscal year in progress and for each of the ensuing fiscal years of the six-year state program and financial …

§37-113 REPEALED. L 1984, c 183, §4.

§37-113.1 Council on revenues; estimate of total personal income. The council shall prepare an estimate of the total state personal income for the calendar year in progress and, when necessary, for the next succeeding calendar year for which such income has not been determined or…

PART II. ALLOTMENT SYSTEM §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 aut…

§37-32 Quarterly allotment periods. Except as provided in section 37-41.5, no officer, department or establishment shall expend or be allowed to expend during any fiscal year any sum for any purpose not specifically authorized by the legislature for expenditure during that partic…

§37-33 Funds to which allotment system applies. Sections 37-31 to 37-42 relating to the allotment system shall apply to all appropriations (including standing, continuing, or annual appropriations and special funds) for all departments and establishments, but shall not apply to r…

§37-34 Appropriations available for allotment; estimate of expenses. (a) No appropriation to which the allotment system is applicable shall become available to any department or establishment for expenditure during any allotment period until the department or establishment submit…

§37-34.5 Department of education; allotment and expenditure plan; updates. The department of education shall submit an annual allotment and expenditure plan, including a separate description of all existing financing agreements of the department of education that require funding,…

§37-35 Estimated expenditures; approval. The director of finance shall review all estimates submitted under section 37-34 and, having due regard for: provided that the director of finance shall approve the estimates submitted by the University of Hawaii when: The director shall a…

§37-36 Modification. (a) The director of finance may modify or amend any previous allotment upon notice to the department or establishment concerned; provided that: (b) Prior to the implementation of any modification in allotment proposed by the director of finance pursuant to su…

§37-37 Reduction. (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 r…

§37-38 Allotment according to classification prescribed in appropriation. Allotments shall be made according to the classifications of expenditures prescribed in the appropriation measure as enacted by the legislature, and the funds allotted for each classification of expenditure…

§37-39 Reduction of allotted amounts for objects and items. The head of a department or establishment may, at any time during any allotment period, reduce the expenditure of money appropriated and allotted for that period for specific items and objects within the classification o…

§37-40 Exceptions; trust funds. Except as to administrative expenditures, and except as otherwise provided by 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 …

§37-41 Appropriations to revert to state treasury; exceptions. Unless otherwise provided by section 37-41.5 or any other law, every appropriation or part thereof of any kind made subject to sections 37-31 to 37-40, remaining unexpended and unencumbered at the close of any fiscal …

§37-41.5 Department of education; carryover of funds. (a) The department of education may retain up to five per cent of any appropriation, except for appropriations to fund financing agreements entered into in accordance with chapter 37D, at the close of a fiscal year and the fun…

§37-42 Allotment as limit of expenditures; liability for excessive expenditure. No department or establishment shall expend or be allowed to expend any sum, or incur or be allowed to incur any obligation in excess of an allotment. No obligation incurred in excess of the balance o…

§37-43 Capital improvement project allotment process. The department of budget and finance shall carry out the capital improvement project allotment process, which shall consist of reviewing, prioritizing, and evaluating capital improvement project appropriation proposals submitt…

PART III. BUDGETARY CONTROL OF SPECIAL FUNDS §37-51 Abolition of special funds; legislative purpose. The purpose of this part is to place all special funds under legislative and executive budgetary control in the same manner as the general fund, with the exception of those funds …

§37-52 Provisions applicable to special funds. All special funds maintained by all departments, commissions, boards, agencies, and establishments of the State shall be governed by this chapter, provided that departments and establishments shall not be authorized to make expenditu…

§37-52.3 Criteria for the establishment and continuance of special funds. Special funds shall be established only pursuant to an act of the legislature. The legislature, in establishing or reviewing a special fund to determine whether it should be continued, shall ensure that the…

§37-52.4 Criteria for the establishment and continuance of revolving funds. Revolving funds shall only be established pursuant to an act of the legislature. The legislature, in establishing or reviewing a revolving fund to determine whether it should be continued, shall ensure th…

§37-52.5 Criteria for the establishment and continuance of administratively established accounts and funds. (a) The judiciary and any department or agency that administratively establishes any new account or fund, within thirty working days of its establishment, shall transmit a …

§37-54 Deposit of state funds in treasury. (a) All state funds shall be deposited in the state treasury except funds that belong to patients and wards to whom the State is responsible for the funds, funds provided by the United States Department of Agriculture for the special sup…

§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),…

§37-64 Governing principles. The system shall be governed by the following general principles:

§37-68 Responsibilities of agencies. Under rules as may be prescribed by the director of finance with the approval of the governor:

§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 legi…

§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 progra…

§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 succeed…

§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 bu…

§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 o…

§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 responsib…

§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 …

§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]

§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 a…

[§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 elim…

§37-78 Schedule of implementation. The governor shall submit to the legislature:

PART V. GENERAL FUND EXPENDITURE CEILING §§37-91 to 94 [OLD] REPEALED. L 1984, c 183, §4. §37-91 Definitions. As used in sections 37-92 to 37-94: "Expenditure ceiling" means the maximum general fund appropriations allowed in any year. The expenditure ceiling shall be determined b…

§37-92 Proposed general fund appropriations; executive branch; judicial branch. (a) The governor shall submit a plan of proposed appropriations for the State to the legislature which shall accompany the state budget in odd-numbered years and the supplemental budget in even-number…

§37-93 Legislature. (a) The legislature shall not make appropriations from the general fund for each fiscal year of the biennium or each supplementary budget fiscal year which will exceed the expenditure ceiling for that fiscal year. (b) Notwithstanding the prohibition in subsect…

§37-94 Director of finance; duties. A preliminary estimate of the state growth and expenditure ceiling shall be determined by the director of finance as of August 15 of each year. The final estimate of the state growth and expenditure ceiling to be used by the legislature to make…