§37-74  Program execution.  (a)  Exceptas limited by policy decisions of the governor, appropriations by thelegislature, and other provisions of law, the several agencies responsible foradministering state programs shall administer their program assignments andshall be responsible for their proper management.

(b)  The appropriations by the legislature fora biennium shall be allocated between the two fiscal years of the biennium inthe manner provided in the budget or appropriations act and as furtherprescribed by the director of finance.  The amounts allocated for each fiscalyear shall be subject to the allotment system prescribed in chapter 37, partII.  Each agency (except the courts), in estimating its quarterly requirementsunder chapter 37, part II, shall prepare a plan for the fiscal year for theoperation of each of the programs it is responsible for administering.  Theoperations plan shall be in such form and content as the department of budgetand finance may prescribe.  It shall be submitted, together with the estimatedquarterly requirements, to the department of budget and finance on such date asthe department may prescribe.

(c)  The department of budget and financeshall:

(1)  Review each operations plan to determine:

(A)  That it is consistent with the policydecisions of the governor and appropriations by the legislature;

(B)  That it reflects proper planning andefficient management methods; and

(C)  That appropriations have been made for theplanned purpose and will not be exhausted before the end of the fiscal year;

provided that the department of budget andfinance shall review the operations plan submitted by the University of Hawaiisolely for consistency with the allotment ceilings established by the governorunder section 37-34, appropriations by the legislature, the requirements ofchapter 37D, and the status of revenues to support operations plans for allstate programs;

(2)  Approve the operations plan if satisfied that itmeets the requirements under paragraph (1).  Otherwise, the department ofbudget and finance shall require revision of the operations plan in whole or inpart; and

(3)  Modify or withhold the planned expenditures atany time during the appropriation period if the department of budget andfinance finds that the expenditures are greater than those necessary to executethe programs at the level authorized by the governor and the legislature, orthat state receipts and surpluses will be insufficient to meet the authorizedexpenditure levels; provided that the planned expenditures for the Universityof Hawaii may be modified or withheld only in accordance with sections 37-36and 37-37.

(d)  No appropriation transfers or changesbetween programs or agencies shall be made without legislative authorization;provided that:

(1)  Authorized transfers or changes, when made, shallbe reported to the legislature;

(2)  Except with respect to appropriations to fundfinancing agreements under chapter 37D, the University of Hawaii shall have theflexibility to transfer appropriated funds and positions for the operating costcategory among programs, among cost elements in a program, and betweenquarters, as applicable; except with respect to appropriations to fundfinancing agreements under chapter 37D, the department of education shall havethe flexibility to transfer appropriated funds and positions for the operatingcost category among programs and among cost elements in a program, and betweenquarters, as applicable; and the Hawaii health systems corporation and its regionalsystem boards shall have the flexibility to transfer special fundappropriations among regional system hospital facilities as applicable and asmutually agreed to by the corporation and the respective regional system board;provided that the Hawaii health systems corporation and the regional systemboards shall maintain the integrity and services of each individual regionalsystem and shall not transfer appropriations out of any regional system thatwould result in a reduction of services offered by the regional system, withdue regard for statutory requirements, changing conditions, the needs of theprograms, and the effective utilization of resources; and

(3)  The university and the department of educationshall account for each transfer implemented under this subsection in quarterlyreports to the governor and annual reports at the end of each fiscal year tothe legislature and the governor, which shall be prepared in the form andmanner prescribed by the governor and shall include information on the sourcesand uses of the transfer. [L 1970, c 185, §13; ren L 1972, c 72, §3; am L 1974,c 219, §6; am L 1986, c 320, §5; am L 1989, c 370, §2; am L 1994, c 281, §§4,9; am L 1995, c 11, §21, c 161, §7, and c 211, §6; am L 1996, c 262, §5; am L1998, c 41, §5 and c 115, §10; am L 2004, c 51, §53; am L 2007, c 290, §10]

 

Cross References

 

  Special and revolving fund reviews, see §§23-11 and 23-12.