§37-74 - Program execution.

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

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

(1) Review each operations plan to determine:

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

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

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

provided that the department of budget and
finance shall review the operations plan submitted by the University of Hawaii
solely for consistency with the allotment ceilings established by the governor
under section 37-34, appropriations by the legislature, the requirements of
chapter 37D, and the status of revenues to support operations plans for all
state programs;

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

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

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

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

(2) Except with respect to appropriations to fund
financing agreements under chapter 37D, the University of Hawaii shall have the
flexibility to transfer appropriated funds and positions for the operating cost
category among programs, among cost elements in a program, and between
quarters, as applicable; except with respect to appropriations to fund
financing agreements under chapter 37D, the department of education shall have
the flexibility to transfer appropriated funds and positions for the operating
cost category among programs and among cost elements in a program, and between
quarters, as applicable; and the Hawaii health systems corporation and its regional
system boards shall have the flexibility to transfer special fund
appropriations among regional system hospital facilities as applicable and as
mutually agreed to by the corporation and the respective regional system board;
provided that the Hawaii health systems corporation and the regional system
boards shall maintain the integrity and services of each individual regional
system and shall not transfer appropriations out of any regional system that
would result in a reduction of services offered by the regional system, with
due regard for statutory requirements, changing conditions, the needs of the
programs, and the effective utilization of resources; and

(3) The university and the department of education
shall account for each transfer implemented under this subsection in quarterly
reports to the governor and annual reports at the end of each fiscal year to
the legislature and the governor, which shall be prepared in the form and
manner prescribed by the governor and shall include information on the sources
and 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 L
1998, 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.