Bill Text: HI HB1015 | 2010 | Regular Session | Amended
Bill Title: Department of Hawaiian Home Lands; Obligation of Funds; Commercial Leases
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2010-07-02 - (H) Act 187, on 7/2/2010 (Gov. Msg. No. 411). [HB1015 Detail]
Download: Hawaii-2010-HB1015-Amended.html
Report Title:
Department of Hawaiian Home Lands; Obligation of Funds
Description:
Temporarily enables the department of Hawaiian home lands to begin construction on affordable housing projects without having the full and final amount of the capital costs on hand at the beginning of the project. Effective 7/1/09; repealed 6/30/11. (SD2)
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1015 |
|
TWENTY-FIFTH LEGISLATURE, 2009 |
H.D. 1 |
|
|
STATE OF HAWAII |
S.D. 2 |
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO OBLIGATIONS OF THE DEPARTMENT OF HAWAIIAN HOME LANDS TRUST FUND.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to establish a two-year pilot project to enable the department of Hawaiian home lands to begin housing projects without having the full cost of the projects on hand at the start of a housing project.
SECTION 2. Section 37-40, Hawaii Revised Statutes, is amended to read as follows:
"§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 no obligation shall be incurred against any trust fund in
excess of the amount standing to the credit of the fund or for any purpose for
which the fund may not lawfully be expended[.], except that
obligations in excess of the amount standing to the credit of a department of
Hawaiian home lands trust fund may be incurred, subject to conditions that the
director of finance believes to be reasonably necessary, when the director of
finance determines that:
(1) Moneys to pay the obligation made in excess of the amount standing to the credit of the trust fund are expected to be received by the trust fund within a reasonable time period; and
(2) With the approval of the governor, such action is in the best interests of the State and will not impede or hamper the financial obligations of the State.
Nothing in sections 37-31 to 37-41 shall require any trust fund established pursuant to law be reappropriated annually."
SECTION 3. Section 103D-309, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Contracts awarded pursuant to section
103D-302, 103D‑303, or 103D-306, shall neither be binding nor have any
force and effect of law unless the comptroller, the director of finance of a
county, or the respective chief financial officers of the department of
education, the judiciary, or the legislative branches of the State or county,
as the case may be, endorses thereon a certificate that there is an
appropriation or balance of an appropriation over and above all outstanding
contracts, sufficient to cover the amount required by the contract; provided
that if the contract is a multi-term contract, the comptroller, director of
finance, or chief financial officer shall only be required to certify that
there is an appropriation or balance of an appropriation over and above all
outstanding contracts, that is sufficient to cover the amount required to be
paid under the contract during the fiscal year or remaining portion of the
fiscal year of each term of the multi-year contract; provided further that the
administrator of the state procurement office shall attest in writing to any
recommendation or solicitations. This section shall not apply to any contract
under which the total amount to be paid to the contractor cannot be accurately
estimated at the time the contract is to be awarded, or to any contract for
which consideration is in kind or forbearance, or to any contract awarded
pursuant to section 103D-306 that is a one-time payment through a purchase
order[.], or to any contractual obligation approved by the governor
under section 37-40."
SECTION 4. The department of Hawaiian home lands shall submit an interim report to the legislature no later than twenty days prior to the convening of the regular session of 2010 and a final report to the legislature no later than twenty days prior to the convening of the regular session of 2011, including in the interim and final reports:
(1) The number of instances and extent of obligations it has incurred in excess of the amount standing to the credit of the department of Hawaiian home lands trust fund pursuant to the provisions of this Act;
(2) The name, location, and description of any housing projects, including the number and types of housing units, and the projected delivery date of the units in each project, that have benefitted from the obligations incurred in paragraph 1; and
(3) Any other information that it may deem to be relevant;
during the period from the effective date of this Act to, and including, the date of the filing of the interim and final reports required by this section.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2009 and shall be repealed on June 30, 2011; provided that sections 37-40 and 103D-309, Hawaii Revised Statutes, shall be reenacted on July 1, 2011, in the form in which they read on the day prior to the effective day of this Act.
