ยง36-31 - Transfers from special funds, limited or suspended, when.
ยง36-31ย Transfers from special funds,
limited or suspended, when.ย (a)ย If any transfer contemplated by sections
36-27, 36-29, and 36-30 might, if effected, result in loss to the State or to
any special fund affected, of any federal funds, or would be in violation of
the Constitution or any law of the United States, the governor shall issue an
executive order setting forth the facts and suspending the application of
sections 36-27, 36-29, and 36-30 to the special fund affected in whole or in
part, or limiting the transfer, as shall be necessary to avoid the loss of
federal funds or to avoid the unconstitutionality or violation.ย The transfer
shall not be made except to the extent, if at all, which will not result in the
loss of federal funds or violation.
(b)ย If any transfer contemplated by section
36-28 might, if effected, cause an expenditure out of the state highway fund in
excess of moneys available in such fund, result in loss to the State or to the
state highway fund or any federal funds, or would be in violation of the
Constitution or any law of the United States, the governor shall issue an
executive order setting forth the facts and suspending the application of
section 36-28 to the state highway fund in whole or in part, or limiting the
transfer, as shall be necessary to avoid the expenditure of moneys in excess of
moneys available in the state highway fund, the loss of federal funds or to
avoid the unconstitutionality or violation.ย The transfer shall not be made
except to the extent, if at all, which will not result in the loss of federal
funds or violation.
(c)ย Effective July 1, 1995, transfers for
central services expenses shall be limited to the current fiscal year; provided
that this subsection shall not apply to assessments made but not collected for
prior years. [L 1955, c 247, ยง7; RL 1955, ยง132-19; HRS ยง36-31; am L 1989, c
287, ยง1; am L Sp 1995, c 15, ยง3]