§37-42  Allotment as limit of expenditures;liability for excessive expenditure.  No department or establishment shallexpend or be allowed to expend any sum, or incur or be allowed to incur anyobligation in excess of an allotment.  No obligation incurred in excess of thebalance of an allotment shall be binding against the State, but where theobligation is violative only for having been made in excess of an allotment,the director of finance may authorize payment thereof from unallotted funds. Any officer, employee, or member of any department or establishment, who makesor causes to be made any excessive expenditure or incurs or causes to beincurred any excessive obligation shall be deemed guilty of neglect of officialduty and shall be subject to removal from office and shall be liable to theState for such sum as may have been expended or paid, and such sum, togetherwith interest and costs, shall be recoverable in an action instituted by theattorney general.

Provided that any state department, with theprior consent of the governor and of the director, and subject to terms andconditions insuring protection of the State as shall be imposed by thedepartment, may cosponsor with another state department or with the county orany agency thereof, for the purpose of applying for federal funds or assistancefor any project, after certification by the state comptroller that proper andsufficient allotment has been made by the governor to the other department orafter receipt of resolution adopted by the county council that proper andsufficient sums for the project have been appropriated and encumbered. [L Sp1959 1st, c 12, pt of §3; am L 1963, c 194, §1; Supp, §35-30; HRS §37-42]

 

Revision Note

 

  "County council" substituted for "board ofsupervisors or city council".