HOUSE OF REPRESENTATIVES

H.C.R. NO.

193

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

accepting funds provided to the state of hawaii by the american recovery and reinvestment act of 2009 and establishing the federal economic stimulus program oversight commission.

 

 

 


     WHEREAS, on February 17, 2009, President Barack Obama signed into law the American Recovery and Reinvestment Act of 2009 (hereafter the "Act"); and

 

     WHEREAS, section 3 of the Act states that the purposes of the Act are as follows:

 

     (1)  To preserve and create jobs and promote economic recovery;

 

     (2)  To assist those most impacted by the recession;

 

     (3)  To provide investment needed to increase economic efficiency by spurring technological advances in science and health;

 

     (4)  To invest in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits; and

 

     (5)  To stabilize state and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive state and local tax increases; and

 

     WHEREAS, a portion of the funds made available by the Act are designated to be appropriated directly to the various states; and

 

     WHEREAS, section 1607 of the Act requires that not later than forty-five days after the date of enactment of the Act, for funds provided to any state or agency thereof, the Governor of the state must certify that:

 

     (1)  The state will request and use funds provided by the Act; and

 

     (2)  The funds will be used to create jobs and promote economic growth; and

 

     WHEREAS, if the funds are not accepted for use by the governor of any state, then acceptance by the state legislature, by means of a concurrent resolution, shall be sufficient to provide funding the state; and

 

     WHEREAS, the Legislature is desirous of ensuring that all funds made available to the State of Hawaii by the Act are received by the State as expeditiously as possible; and

 

WHEREAS, the Legislature desires to ensure that all funds received by the State pursuant to the Act are expended:

 

     (1)  Based upon developed priority criteria;

 

     (2)  Pursuant to adequate public notice and opportunity for public comment;

 

     (3)  Pursuant to a transparent bidding and contracting process; and

 

     (4)  Avoiding duplication and waste,

 

by establishing a federal economic stimulus program oversight commission; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2009, the Senate concurring, that the Legislature accepts all funds provided to the State of Hawaii by the American Recovery and Reinvestment Act of 2009 and will use the funds received to create jobs and promote economic growth; and

 

     BE IT FURTHER RESOLVED that (a) there is established a legislative federal economic stimulus program oversight commission (hereafter the "Commission"), to be comprised of ten members, as follows:

 

     (1)  Six voting members:

 

          (A)  One member of the Senate, to be appointed by the President of the Senate;

 

          (B)  One member of the House of Representatives to be appointed by the Speaker of the House of Representatives; and

 

          (C)  Four members of the public, representing citizens and local government, one each to be appointed by the President of the Senate, Speaker of the House of Representatives, Senate Minority Leader, and House of Representatives Minority Leader; and

 

     (2)  Five non-voting members, one each appointed by:

 

          (A)  Each member of the Hawaii congressional delegation; and

 

          (B)  The Governor.

 

     (b)  The voting members of the Commission shall elect the chairperson of the Commission.

 

     (c)  Legislative staff offices as determined by the President of the Senate and the Speaker of the House of Representatives shall provide administrative assistance to the Commission.

 

     (d)  In providing oversight on the distribution of any federal economic stimulus program funds and the implementation of program expenditures, the Commission may:

 

     (1)  Evaluate the coordination of federal stimulus funded programs within the State;

 

     (2)  Determine if criteria developed for setting priorities are being followed;

 

     (3)  Determine the adequacy of public notice and opportunity for public comment and input;

 

     (4)  Determine the transparency in the bidding and the contracting process;

 

     (5)  Determine the maintenance of the integrity of the distribution and expenditure of federal stimulus funded programs;

 

     (6)  Determine the extent to which duplication and waste is prevented; and

 

     (7)  Undertake any other tasks or efforts to ensure the integrity and fairness of the distribution and expenditure of all funds and implementation of all programs.

 

     (e)  Agencies of the executive branch are requested to provide information on the receipt and expenditure of federal economic stimulus program funds upon request of the Commission.  The Commission may request specific audit services from the State Auditor; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the members of Hawaii's congressional delegation, and the Governor.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

Acceptance of funds from the American Recovery and Reinvestment Act of 2009