Report Title:

Federal Impact Aid; Excess; Department of Education

 

Description:

Specifies that utilization of unappropriated excess federal impact aid by the DOE requires approval by governor and may not be used to create new programs. Requires the DOE report to the legislature the amounts and expenditures of the excess federal funds. (SD1)

THE SENATE

S.B. NO.

2097

TWENTY-FIRST LEGISLATURE, 2002

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to federal impact aid.

 

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

SECTION 1. Section 29-25, Hawaii Revised Statutes, is amended to read as follows:

"[[]§29-25[]] Department of education; federal funds; general fund offset. (a) Federal impact aid, U.S. Department of Defense funds, and federal indirect overhead reimbursements received by the department of education shall not be returned to the general fund.

(b) If the amount of federal impact aid and U.S. Department of Defense funds received by the department of education exceeds the authorized appropriation in the general appropriations act or the supplemental appropriations act, [then the governor shall:

(1) Allow the department of education to increase the federal fund expenditure ceiling for all program identification numbers, each by an amount proportionate to its portion of the total general fund appropriation made by the legislature, and by the amount that the federal impact aid and U.S. Department of Defense funds received by the department of education exceeds the authorized appropriation in the general appropriations act or the supplemental appropriations act; and

(2) Allow the department of education to retain the full amount of the general fund offset created by increased impact aid receipts; provided that the department shall not use the general fund offset to create new programs or expand existing programs.]

the department of education shall request prior approval from the governor to increase the federal fund expenditure ceiling for a program identification number. The governor may approve the request; provided that:

(1) The aggregate amount of all requested increases shall not exceed the amount of the excess federal funds received by the department of education;

(2) The purpose of the increase shall not be to create new programs; and

(3) The department of education shall report in writing to the legislature the details of a request to increase a federal fund expenditure ceiling pursuant to this section on the same day the request is submitted to the governor for approval.

(c) The department of education shall submit a report to the legislature, not fewer than twenty days prior to the convening of each regular session, concerning the exact amount and specific nature of federal impact aid, U.S. Department of Defense funds, and federal indirect overhead reimbursements received under this section[.], the details of the program increases approved by the governor, and the expenditure of those funds."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.