Title 5, State Financial Administration

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 …

§37-53 Transfer of special funds. At any time during a fiscal year, notwithstanding any other law to the contrary, any department may, with the approval of the governor or the director of finance if so delegated by the governor, transfer from any special fund relating to such dep…

§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…

[PART IV. THE EXECUTIVE BUDGET] [§37-61] Short title. This part may be cited as "The Executive Budget Act". [L 1970, c 185, §1]

§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),…

[§37-63] 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 inc…

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

[§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…

[§37-66] Responsibilities of the legislature. The legislature shall:

[§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 en…

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

[§37-68.5] Position ceiling. Whenever this part requires a position ceiling to be specified:

§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:

[§37-79] Climate change and tourism destination management; projects; budget request. The governor shall request, in the budget or the supplemental budget submitted to the legislature pursuant to section 37-71 or 37-72, that an amount of general funds that approximates the additi…

§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 by considering the fiscal year 1978-1979 general fund appropriations as the expenditure cei…

§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…

[§37B-1] Purpose. (a) Article VII, section 6, of the Constitution of the State of Hawaii requires the disposition of excess general funds when the state general fund balance at the close of each of two successive fiscal years exceeds five per cent of general fund revenues for eac…

[§37B-2] Prepayment of general obligation bond debt service. (a) To comply with article VII, section 6, of the Constitution of the State of Hawaii, the legislature may prepay general obligation bond debt service. When choosing to do so, the legislature shall appropriate general f…

§37B-3 Prepayment of other post-employment benefit liability. (a) To comply with article VII, section 6, of the Constitution of the State of Hawaii, the legislature may prepay the State's other post-employment benefit liability. When choosing to do so, the legislature shall appro…

[§37B-4] Prepayment of pension liability. (a) To comply with article VII, section 6, of the Constitution of the State of Hawaii, the legislature may prepay the State's unfunded accrued pension liability. When choosing to do so, the legislature shall appropriate general funds to b…

[§37B-5] No effect on tax refund or credit or reserve fund deposit to comply with constitutional provision. This chapter shall not affect the authority or discretion of the legislature to provide a tax refund or credit or make a deposit into a reserve fund in order to comply with…

PART I. STATE DEBT MANAGEMENT POLICY [§37C-1] State debt management policy; establishment. (a) The director of finance, with the approval of the governor, shall submit to the legislature a recommended state debt management policy, in accordance with this chapter, at least twenty …

PART II. DEBT AFFORDABILITY STUDY [§37C-11] Definitions. For the purpose of this part: "Ensuing twenty-five fiscal year period" means the twenty-five fiscal years following the submittal of a multi-year program and financial plan to the legislature. "Fiscal years covered by the a…

[§37C-12] Debt affordability study. The director of finance shall submit to the legislature a debt affordability study prior to the convening of the regular session of each odd-numbered year. The director shall submit the study with the multi-year program and financial plan. [L 2…

[§37C-13] Debt affordability study; purpose, information. (a) The purpose of the debt affordability study shall be to provide the legislature with information on the affordability of the future debt planned for the State. (b) The debt affordability study shall include the followi…

[§37C-2] Recommended debt management policy; parameters. The recommended state debt management policy shall be consistent with, but may be more restrictive than, state constitutional provisions and statutes. The recommended state debt management policy shall address the following…

[§37C-3] Debt management policy; duties of the legislature. Upon receipt from the director of finance, the legislature shall consider the recommended state debt management policy. The legislature may establish the policy, with or without modification, by act. [L 2015, c 149, pt o…

§37D-1 Definitions. Unless the context requires otherwise, as used in this chapter: "Agency" means the judiciary, any executive department, independent commission, board, authority, bureau, office, other establishment of the State (except the legislature and its agencies), or pub…

§37D-10 Litigation; jurisdiction; appeal. The director may petition the circuit court of the first circuit for an opinion as to the validity of any financing or related agreement entered into pursuant to this chapter. The petition shall constitute a civil proceeding for purposes …

§37D-2 Financing agreements. (a) There is hereby established and authorized the financing agreement program of the State. Any agency desiring to acquire or improve projects through the financing agreement program established and authorized by this chapter shall submit a written r…

§37D-3 Related agreements. With the approval of the attorney general as to form and legality, the department may, and with the approval of the attorney general as to form and legality and of the director as to fiscal responsibility, an agency may:

§37D-4 Inclusion of budget request. For each fiscal period, there shall be included with respect to each agency in the executive budget requests or, in the case of the judiciary, the judiciary budget request, to the legislature, amounts sufficient to permit the payment of all amo…

§37D-5 Financing agreements not a general obligation of State. Financing agreements shall: Financing agreements entered into under this chapter shall not constitute "bonds" within the meaning of section 12 of article VII of the Constitution of the State. No holder or holders of a…

§37D-6 Federal tax-exempt status; preference; protection. (a) To the extent practicable, financing agreements issued pursuant to this chapter shall be issued to comply with requirements imposed by applicable federal law providing that the interest on financing agreements shall be…