§40-58  In favor of assignees.  Noassignment of moneys by a person to whom the State is directly indebted shallbe effective unless the assignment is first approved by the comptroller or, inthe case of the University of Hawaii and the department of education, untilJune 30, 2011, by their respective chief financial officers.  The comptrolleror the chief financial officers of the University of Hawaii and the departmentof education may prescribe the form for an assignment, and may approve theassignment within a reasonable time period if, in their respective discretion,the rights or obligations of the State, the University of Hawaii, or thedepartment of education under any contract or other undertaking or under anylaw, rule, or order by a competent authority will not be prejudiced thereby. Upon approval of the assignment, the comptroller or the respective chieffinancial officers of the University of Hawaii and the department of educationshall draw a warrant payable to the assignee.  Except as to contractsencumbered by the comptroller, the University of Hawaii, or the department ofeducation, each expending agency, upon notification of the comptroller'sapproval of an assignment, shall prepare a claim for payment in accordance withthe terms of the assignment. [L 1898, c 39, §11G; RL 1925, §1454; RL 1935,§581; RL 1945, §1585; RL 1955, §34-35; am L 1957, c 152, §1; HRS §40-58; am L1973, c 16, §1; gen ch 1985; am L 1991, c 163, §§1, 3; am L 1993, c 314, §2; amL Sp 1993, c 8, §22; am L 1997, c 180, §1; am L 1998, c 115, §24; am L 2005, c137, §1; am L 2006, c 161, §§5, 7]

 

Case Notes

 

  Cited:  33 H. 602, 605.