HOUSE OF REPRESENTATIVES

H.B. NO.

1890

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

PROPOSING AN AMENDMENT TO THE HAWAII CONSTITUTION relating to THE LAPSING OF APPROPRIATIONS FOR THE CONSTRUCTION OR ACQUISITION OF PUBLIC SCHOOL FACILITIES.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The purpose of this Act is to propose an amendment to article VII, section 11, of the Constitution of the State of Hawaii Constitution to:

     (1)  Allow appropriations for the construction or acquisition of public school facilities, other than appropriations from the state educational facilities improvement special fund, to be made for periods exceeding three years; and

     (2)  Repeal the reference to the state educational facilities improvement special fund.

     SECTION 2.  Article VII, section 11, of the Constitution of the State of Hawaii is amended to read as follows:

"LAPSING OF APPROPRIATIONS

     SECTION 11.  All appropriations for which the source is general obligation bond funds or general funds shall be for specified periods.  No such appropriation shall be made for a period exceeding three years; provided that appropriations [from the state educational facilities improvement special fund] may be made for periods exceeding three years to allow for construction or acquisition of public school facilities[.], as provided by law.  Any such appropriation of any portion of any such appropriation that is unencumbered at the close of the fiscal period for which the appropriation is made shall lapse; provided that no appropriation for which the source is general obligation bond funds nor any portion of any such appropriation shall lapse if the legislature determines that the appropriation or any portion of the appropriation is necessary to qualify for federal aid financing and reimbursement.  Where general obligation bonds have been authorized for an appropriation, the amount of the bond authorization shall be reduced in an amount equal to the amount lapsed."

     SECTION 3.  The question to be printed on the ballot shall be as follows:

"Shall the legislature have the power to appropriate moneys from different funding sources as it deems appropriate by law for the construction or acquisition of public school facilities for periods exceeding three years?"

     SECTION 4.  Constitutional material to be repealed is bracketed and stricken.  New constitutional material is underscored.

     SECTION 5.  This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

 

INTRODUCED BY:

_____________________________

 

          BY REQUEST


 


 

Report Title:

Constitutional Amendment; State Educational Facilities Improvement Special Fund; Lapsing of Appropriations for School Facilities

 

Description:

Proposes a constitutional amendment relating to the lapsing of appropriations for the construction or acquisition of public school facilities to (1) repeal the reference to the state educational facilities improvement special fund and (2) allow appropriations for construction or acquisition of public school facilities to exceed 3 years as provided by law

 

 

 

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