§37-41.5 Department of education; carryover of funds. (a) The department of education may retain up to five per cent of any appropriation, except for appropriations to fund financing agreements entered into in accordance with chapter 37D, at the close of a fiscal year and the funds retained shall not lapse until June 30 of the first fiscal year of the next fiscal biennium. The department of education shall submit:
(1) A report to the director of finance ninety days after the close of each fiscal year, which shall be prepared in the form prescribed by the director of finance and shall identify the total amount of funds that will carry over to the next fiscal year; and
(2) A copy of this report to the legislature, as well as a report identifying the carryover of funds on a school-by-school basis, at least twenty days prior to the convening of the next regular session of the legislature.
(b) Appropriations allocated to the schools shall remain within the budget of the school to which they were originally allocated; provided that the retention of an appropriation shall not be used by the department as a basis for reducing a school's future budget requirements.
(c) In addition to the five per cent retainage under subsection (a), the department of education may retain any appropriation received pursuant to section 127A-16(a) or as reimbursement for disaster relief pursuant to section 127A-16(d) at the close of the fiscal year in which the appropriation or reimbursement was received and the funds retained shall not lapse until June 30 of the first fiscal year of the next fiscal biennium. Such funds shall be considered as separate and distinct from the funds the department of education is authorized to retain pursuant to subsection (a). [L 1993, c 364, pt of §2; am L 1994, c 272, §22; am L Sp 1995, c 9, §6; am L 1998, c 41, §4; am L 2000, c 202, §1; am L 2004, c 51, §52; am L 2017, c 139, §1]
Structure Hawaii Revised Statutes
Title 5. State Financial Administration
37-32 Quarterly allotment periods.
37-33 Funds to which allotment system applies.
37-34 Appropriations available for allotment; estimate of expenses.
37-34.5 Department of education; allotment and expenditure plan; updates.
37-35 Estimated expenditures; approval.
37-38 Allotment according to classification prescribed in appropriation.
37-39 Reduction of allotted amounts for objects and items.
37-40 Exceptions; trust funds.
37-41 Appropriations to revert to state treasury; exceptions.
37-41.5 Department of education; carryover of funds.
37-42 Allotment as limit of expenditures; liability for excessive expenditure.
37-43 Capital improvement project allotment process.
37-46 Transfers of non-general funds to the general funds.
37-47 Reporting of non-general fund information.
37-48 Non-general fund program measures reports
37-49 Non-general fund cost element reports.
37-51 Abolition of special funds; legislative purpose.
37-52 Provisions applicable to special funds.
37-52.3 Criteria for the establishment and continuance of special funds.
37-52.4 Criteria for the establishment and continuance of revolving funds.
37-53 Transfer of special funds.
37-54 Deposit of state funds in treasury.
37-65 Responsibilities of the governor.
37-66 Responsibilities of the legislature.
37-67 Responsibilities of the department of budget and finance.
37-68 Responsibilities of agencies.
37-69 The six-year program and financial plan.
37-77 Claims for legislative relief.
37-77.5 Claims against the State; remedial measures.
37-78 Schedule of implementation.
37-91 to 94 OLD REPEALED. §37-91 Definitions.
37-92 Proposed general fund appropriations; executive branch; judicial branch.
37-94 Director of finance; duties.
37-113.1 Council on revenues; estimate of total personal income.
37-121 Routine repair and maintenance; definitions.
37-122 Routine repair and maintenance funding needs; report to legislature.