Education; Funds Carryover/Transfer

Retains and carries over up to five percent of appropriations for
EDN 150 (comprehensive school support services program).
Transfers funds from EDN 100 (school-based budgeting program) to
EDN 150.  Requires the department of education to submit a report
regarding the carryover of funds, to the director of finance
ninety days after the close of each fiscal year and prepared in
the form prescribed by the director.  (HB2492 HD1)

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 37-41.5, Hawaii Revised Statutes, is
 2 amended to read as follows:
 3      "37-41.5 Department of education; carryover of funds.  (a)
 4 The department of education may retain up to five per cent of any
 5 appropriation, except for appropriations to fund financing
 6 agreements entered into in accordance with chapter 37D, for the
 7 school-based budgeting program EDN 100 and for the comprehensive
 8 school support services program EDN 150 at the close of a fiscal
 9 year and the funds retained shall not lapse until June 30 of the
10 first fiscal year of the next fiscal biennium. The department of
11 education shall submit:
12      (1)  A report to the director of finance[, by] ninety days
13           after the close of [the first] each fiscal year, which
14           shall be prepared in the form prescribed by the
15           director of finance and shall [identifying] identify
16           the total amount of funds that will carry over to the
17           [second] next fiscal year; and
18      (2)  A copy of this report to the legislature, as well as a
19           report identifying the carryover of funds on a school-

Page 2                                                     2492
                                     H.B. NO.           H.D. 1

 1           by-school basis, at least twenty days prior to the
 2           convening of the next regular session of the
 3           legislature.
 4      (b)  Any appropriation retained in accordance with this
 5 section shall be used exclusively for the school-based budgeting
 6 program EDN 100[,] and the comprehensive school support services
 7 program EDN 150, and of those appropriations allocated to the
 8 schools, funds shall remain within the budget of the school to
 9 which they were originally allocated; provided that the retention
10 of an appropriation shall not be used by the department as a
11 basis for reducing a school's future budget requirements. [For
12 the purposes of this chapter, "EDN 100" means the budget program
13 identification number for the school-based budgeting program
14 within the department of education.]"
15      SECTION 2. Section 302A-1301, Hawaii Revised Statutes, is
16 amended by amending subsection (b) to read as follows:
17      "(b) The department shall not transfer any funds
18 appropriated under the school-based budgeting program EDN 100 of
19 the state budget, except [for] to supplement the comprehensive
20 school support services program EDN 150 and to ameliorate
21 unforeseeable circumstances that pose a threat to the health and
22 safety of personnel and students, and subject to approval by the
23 governor and notification to the legislature."

Page 3                                                     2492
                                     H.B. NO.           H.D. 1

 1      SECTION 3.  Statutory material to be repealed is bracketed.
 2 New statutory material is underscored.
 3      SECTION 4.  This Act shall take effect upon its approval.