reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 28. Attorney General › 28-111 Victim-witness assistance program.

§28-111 Victim-witness assistance program.
(a) There is established a victim-witness assistance program in the department of the attorney general, whose purpose shall be to provide information, assistance, and support services to the victims of and witnesses to crimes committed in the State.
(b) The attorney general shall allocate and award appropriated funds to counties whose victim-witness assistance units are in substantial compliance with the policies and criteria established. The attorney general and the county prosecutors shall work together to establish victim-witness assistance program policies and criteria which shall not be subject to chapter 91. The county prosecutors shall implement the program in their respective counties.
(c) Any sums appropriated by the State for the victim-witness units in each of the respective counties shall be contingent upon the respective counties providing a minimum of twenty-five per cent of the sum appropriated to each county. [L 1986, c 204, §2]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 28. Attorney General › 28-121 Missing child center-Hawaii; programs.

Note
Part heading amended by L 2005, c 32, §1(1).
§28-121 Missing child center-Hawaii; programs.
(a) There is established within the department of the attorney general a program to be known as the missing child center-Hawaii, formerly known as the Hawaii state clearinghouse for missing children, to assist in the implementation of federal and state laws relating to missing children.
(b) The missing child center-Hawaii shall include programs to coordinate the efforts of state and county agencies with those of federal agencies in locating, recovering, and protecting missing children and to promote community awareness of the problem of missing children.
(c) The department of the attorney general shall employ, without regard to chapter 76, a coordinator and an assistant to the coordinator who shall coordinate existing public and private resources and further define and develop, to the extent of available resources, the most appropriate system for addressing the problem of missing children, which may include the following:
(1) A communication network among county and state law enforcement agencies and the National Crime Information Center in Washington, D.C.;
(2) A standardized reporting system in all counties developed in conjunction with law enforcement officials at all levels;
(3) Assistance in the establishment of trained search teams that can be activated in each county;
(4) Educational programs designed to prevent child abduction, enhance child safety, and raise public awareness about ways to prevent child abduction, molestation, and sexual exploitation;
(5) A directory of resources to assist in locating missing children including names, addresses, and services provided by public and private organizations; and
(6) A statewide centralized, uniform, and computerized information database relating to family-related and nonfamily-related child abductions, as well as runaways and children who are unwanted by their parents. [L 1997, c 259, pt of §2; am L 2000, c 253, §150; am L 2005, c 32, §1(2)]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 28. Attorney General › 28-131 Drug nuisance abatement unit.

§28-131 Drug nuisance abatement unit.
(a) There is established in the department of the attorney general a drug nuisance abatement unit.
(b) The unit shall employ such attorneys, auditors, investigators, and other personnel as necessary to promote the effective and efficient conduct of the unit's activities. Except for the attorneys, all other employees of the drug nuisance abatement unit shall be subject to chapter 76.
(c) The purpose of the drug nuisance abatement unit shall be to provide for the effective enforcement and prosecution of those violations of the drug nuisance abatement laws under chapter 712, part V but only for offenses related to drugs and intoxicating compounds as provided under chapter 712, part IV. The drug nuisance [abatement] unit may also review and take appropriate action on drug nuisance complaints of any citizen of the State, or drug nuisances that are discovered by the unit in carrying out its activities. [L 2003, c 63, §1]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 28. Attorney General › 28-141 Surveillance review unit.

§28-141 Surveillance review unit.
There is established in the department of the attorney general a surveillance review unit, which shall be responsible for reviewing all applications for interception of wire, oral, or electronic communications under chapter 803 prior to their submittal to a designated judge, regardless of whether submitted by county or state investigative or law enforcement officers. A surveillance review unit deputy attorney general shall review the application in a timely manner to ensure it meets the requirements of part IV of chapter 803 and applicable law and recommend any necessary additions or changes to the application. Thereafter, the surveillance review unit deputy attorney general shall prepare a written memorandum recommending approval or disapproval of the application, which shall be submitted to the district court judge or designated judge with the application. The attorney general shall establish standards and procedures for the timely review of these applications to ensure continuity and conformity with applicable law. [L 2006, c 200, §1]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 28. Attorney General › 28-181 Definitions.

Note
Reports to 2026-2027 legislature on the State's efforts to address the commercial sexual exploitation of children and human trafficking. L 2023, c 83, §3.
§28-181 Definitions.
As used in this part:
"Child" means a person under eighteen years of age.
"Commercial sexual exploitation of children" means any sexual activity involving a child for the exchange or promise of anything of value by any person.
"Human trafficking" includes "severe forms of trafficking in persons", as defined in title 22 United States Code section 7102(11), and "sex trafficking", as defined in title 22 United States Code section 7102(12) and as described in section 712-1202. [L 2023, c 83, pt of §2]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 28. Attorney General › 28-182 Human trafficking prevention program.

§28-182 Human trafficking prevention program.
(a) The department of the attorney general shall develop and implement a program to prevent, and assist victims of, human trafficking. The program shall:
(1) Assess the current needs of the State's anti-trafficking response and develop:
(A) A statewide strategy to prevent human trafficking; and
(B) A plan to provide increased support and assistance to victims of human trafficking and victims of the commercial sexual exploitation of children;
(2) Implement statewide strategies to address offender accountability for child enticement, commercial sexual exploitation, and human trafficking through law enforcement efforts, prosecutions, and crime prevention efforts;
(3) Promote public awareness of:
(A) Human trafficking and the commercial sexual exploitation of children;
(B) The availability of services for victims of human trafficking; and
(C) The availability of national and state hotlines for victims and witnesses;
(4) Produce and maintain informational materials, including a website, on:
(A) The prevention of human trafficking and the commercial sexual exploitation of children; and
(B) The availability of public resources for victims and witnesses;
(5) Develop and provide comprehensive training on ways to prevent, identify, and address human trafficking and the commercial sexual exploitation of children; and
(6) Apply for and monitor federal funding available for anti-trafficking efforts.
(b) Each public official and state and county department shall render all necessary assistance and cooperation within the official's or department's jurisdictional power to share information and assist the program in carrying out its duties under this part. [L 2023, c 83, pt of §2]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 29. Federal Aid › 29-1 Establishment of office.

§29-1 Establishment of office.
There shall be in Washington, District of Columbia, a Hawaii office of federal programs coordinator. The office shall be headed by a coordinator who shall be appointed and removed by the governor, not subject to chapters 76 and 89. Effective July 1, 1982, the salary shall be $38,610 a year. Effective July 1, 1986, the salary of the federal programs coordinator shall be $0 a year. The coordinator shall appoint necessary staff, within available appropriations, not subject to chapters 76 and 89.
The office is placed within the department of budget and finance for administrative purposes. [L 1965, c 237, §1; Supp, §12A-1; HRS §29-1; am L 1969, c 127, §5; am L 1975, c 58, §10; am L 1982, c 129, §2; am L 1986, c 128, §2; am L 2002, c 148, §3]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 29. Federal Aid › 29-2 Powers and duties.

§29-2 Powers and duties.
The coordinator shall:
(1) Provide a mechanism by which federal, state, and local agencies can coordinate their plans, policies, and activities;
(2) Create congressional awareness and understanding of the needs and potentials of the State;
(3) Encourage and advise state departments, universities or other appropriate state and local agencies in Hawaii of the availability of and the requirements of federal grants;
(4) Advise and provide necessary factual data to Congress and our congressional delegation;
(5) Recommend to the governor and the administration the types and necessity of either legislative or administrative action in order that the State may avail itself of beneficial federal programs;
(6) Maintain contacts with federal, state, and local officials and agencies so that the programs of all levels of government may be coordinated;
(7) Cooperate with our congressional delegation in promoting federal legislative or administrative action which may be beneficial to Hawaii;
(8) Appear before congressional committees in support of or in opposition to legislation which affects Hawaii;
(9) Perform such other services as may be required by the governor and the legislature;
(10) Administer funds allocated to this office; be authorized to accept, disburse, and allocate funds which may become available from other governmental units; provided that all the funds shall be disbursed or allocated in compliance with any specific designation stated by the donating governmental unit and in the absence of specific designation, the funds shall be disbursed or allocated on projects directly benefiting the people of the State in accordance with this part; and
(11) Submit to the governor and legislature reports as requested and submit an annual report with recommendations to the governor and the legislature. [L 1965, c 237, §2; Supp, §12A-2; HRS §29-2]
Cross References
Annual reports, due dates, see §93-12.
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 29. Federal Aid › 29-3 Appropriations.

§29-3 Appropriations.
The governor may include in the governor's operating budget such sums as the governor deems necessary for the continuation and operations of the program. [L 1965, c 237, pt of §3; Supp, §12A-3; HRS §29-3; gen ch 1985]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 29. Federal Aid › 29-11 Definitions.

§29-11 Definitions.
"Aid" or "federal-aid" as used in this part means supplies, allowances of damages to state or county property by federal agencies, grants-in-aid, allocation of federal funds, to be matched by state funds, or otherwise, the furnishing of equipment and supplies and all other aids, grants, furnishings, assistance, advancements, and reimbursements that may be provided by federal legislation, present or future, and which may be available to the State or its political subdivisions. [L 1951, c 289, §1; RL 1955, §12-1; HRS §29-11]
Attorney General Opinions
Extent of political activity by state employees subject to Federal Hatch Act. Att. Gen. Op. 64-46.
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 29. Federal Aid › 29-12 Duties of attorney general, director of finance.

§29-12 Duties of attorney general, director of finance.
The attorney general and the director of finance shall promptly initiate the necessary action to take advantage of or secure any federal aid which may be available to the State or its political subdivisions. [L 1951, c 289, §2; RL 1955, §12-2; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §29-12]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 29. Federal Aid › 29-13 Governor may accept federal acts.

§29-13 Governor may accept federal acts.
The governor may accept, on behalf of the State, the provisions of any act of Congress making grants or allotments of federal-aid moneys available for expenditure in the State. [L 1939, c 196, §1; RL 1945, §401; RL 1955, §12-3; HRS §29-13]
Case Notes
Cited: 38 H. 310, 318.
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 29. Federal Aid › 29-14 Boards, etc., may accept funds, comply with federal acts.

§29-14 Boards, etc., may accept funds, comply with federal acts.
Except as otherwise provided by law, any board, commission, department, or officer of the State may accept and receive on behalf of the State, and receipt for, any and all grants or allotments of federal-aid moneys made available to the State by or pursuant to an act of Congress, and enter into or make such plan, agreement, or other arrangement with the agency designated by the act of Congress as is necessary to carry out the purposes of the Act; provided that if as a condition to receiving the federal-aid moneys it is necessary to match all or any part of the grant or allotment with state moneys no plan, agreement, or arrangement may be entered into unless the board, commission, department, or officer has under its or the officer's control moneys which may be expended lawfully for the purpose.
The governor may transfer funds from the department of health to the department of human services and from the department of human services to the department of labor and industrial relations to obtain additional federal funds for medical assistance under Title XIX of the Social Security Act, as amended, and the work incentive program. The governor may also transfer funds from one department to another for the purpose of obtaining federal matching grants and allotments; provided that the state moneys have been appropriated for the purpose for which federal grants and allotments may be obtained. [L 1939, c 196, §2; RL 1945, §402; RL 1955, §12-4; HRS §29-14; am L 1969, c 65, §1; am L 1970, c 105, §5; gen ch 1985; am L 1987, c 339, §4]
Revision Note
The words "and industrial relations" added to "department of labor".
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 29. Federal Aid › 29-15 Conflict between federal and state requirements.

§29-15 Conflict between federal and state requirements.
In the case of any contract, the funds for which have been wholly or in part promised, loaned, or furnished by the United States, or any instrumentality thereof, if the United States, or its instrumentality, requires that the advertisement for tenders, tenders, performance bond, or contract contain terms or provisions contrary to any state law, then as to the advertisements, tenders, bonds, or contracts the terms and provisions required by the United States, or its instrumentality, shall govern and are made applicable, and the officer expending the funds shall conform to such requirements as the United States, or its instrumentality, shall provide or require, any other law or laws of the State to the contrary notwithstanding. The provisions of this section shall be liberally construed so as not to hinder or impede the State in contracting for any project involving financial aid from the federal government. [L 1935, c 50, §1; RL 1945, §403; RL 1955, §12-5; HRS §29-15]
Case Notes
Re Federal Aid to Families with Dependent Children, department of social services and housing cannot consider tax refund as "income". 396 F. Supp. 375.
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 29. Federal Aid › 29-15.5 Indemnification of federal agencies. (a) To receive federal aid, assistance, support, benefits, services, and interests in or rights to use federal property, a state agency may agree in writing to an indemnity provision by which the State agrees to indemnify, defend, and hold harmless a United States agency, its officers, agents, and employees when all of the following conditions are satisfied: (1) Federal law expressly or by clear implication requires the indemnity provision; (2) The governor, following a favorable review by the department of the attorney general, approves the State's proposed indemnification; and (3) The comptroller, pursuant to chapter 41D, has obtained an insurance policy or policies in an amount sufficient to cover the liability of the State that reasonably may be anticipated to arise under the indemnity provision or has determined that it is not in the best interest of the State to obtain insurance. (b) An indemnity provision not in strict compliance with this section shall not give rise to a claim against the State under chapter 661 or otherwise waive the State's sovereign immunity. (c) This section shall not affect sections 201H-152(b)(2), 212-7, or 523A-64. [L 1997, c 168, §1; am L 1998, c 11, §2; am L 2007, c 249, §5]

§29-15.5
Indemnification of federal agencies.
(a) To receive federal aid, assistance, support, benefits, services, and interests in or rights to use federal property, a state agency may agree in writing to an indemnity provision by which the State agrees to indemnify, defend, and hold harmless a United States agency, its officers, agents, and employees when all of the following conditions are satisfied:
(1) Federal law expressly or by clear implication requires the indemnity provision;
(2) The governor, following a favorable review by the department of the attorney general, approves the State's proposed indemnification; and
(3) The comptroller, pursuant to chapter 41D, has obtained an insurance policy or policies in an amount sufficient to cover the liability of the State that reasonably may be anticipated to arise under the indemnity provision or has determined that it is not in the best interest of the State to obtain insurance.
(b) An indemnity provision not in strict compliance with this section shall not give rise to a claim against the State under chapter 661 or otherwise waive the State's sovereign immunity.
(c) This section shall not affect sections 201H-152(b)(2), 212-7, or 523A-64. [L 1997, c 168, §1; am L 1998, c 11, §2; am L 2007, c 249, §5]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 29. Federal Aid › 29-16 Treasury as depository; duties of comptroller.

§29-16 Treasury as depository; duties of comptroller.
[(a)] All federal-aid moneys received by the State, except as otherwise provided for by the federal government, shall be deposited with the director of finance and, subject to appropriation by the legislature or other law authorizing expenditure, shall be disbursed upon warrants drawn by the comptroller of the State supported by vouchers approved by the board, commission, department, or officer having charge of the expenditure of the moneys by virtue of the plan, agreement, or arrangement entered into or made with the proper federal agency.
[(b)] The comptroller may prescribe and maintain a system of accounts and accounting as may be required by the federal government, or any agency thereof, in carrying out the objects and purposes of the plan, agreement, or arrangement. [L 1939, c 196, §3; RL 1945, §404; RL 1955, §12-6; am L 1957, c 152, §1; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §29-16; am L 2015, c 148, §2]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 29. Federal Aid › 29-25 Department of education; federal funds; general fund offset.

§29-25 Department of education; federal funds; general fund offset.
(a) Federal impact aid, United States Department of Defense funds, and federal indirect overhead reimbursements received by the department of education shall not be returned to the general fund.
(b) If the amount of federal impact aid and United States Department of Defense funds received by the department of education exceeds the authorized appropriation in the general appropriations act or the supplemental appropriations act, then the governor shall:
(1) Allow the department of education to increase the federal fund expenditure ceiling for all program identification numbers, each by an amount proportionate to its portion of the total general fund appropriation made by the legislature and by the amount that the federal impact aid and United States Department of Defense funds received by the department of education exceeds the authorized appropriation in the general appropriations act or the supplemental appropriations act; and
(2) Allow the department of education to retain the full amount of the general fund offset created by increased impact aid receipts; provided that the department shall not use the general fund offset to create new programs or expand existing programs.
(c) Beginning July 1, 2004, and for each fiscal year thereafter, the department of education may set aside $100,000 of federal impact aid moneys received pursuant to this section to:
(1) Establish and fund a permanent, full-time military liaison position within the department of education; and
(2) Fund the joint venture education program to facilitate interaction between the military community and the department of education.
The military liaison position established under paragraph (1) shall be exempt from chapter 76 but shall be eligible to receive the benefits of any state or federal employee benefit program generally applicable to officers and employees of the State.
(d) The department of education shall submit a report to the legislature, not fewer than twenty days prior to the convening of each regular session, concerning the exact amount and specific nature of federal impact aid, United States Department of Defense funds, and federal indirect overhead reimbursements received under this section. [L 2000, c 234, §1; am L 2004, c 147, §1]
Cross References
Related provisions, see § §302A-1401 to 1406.
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 30. Gubernatorial Transition › 30-1 Declaration of purpose.

§30-1 Declaration of purpose.
The legislature declares it to be the purpose of this chapter to promote the orderly transfer of the executive power in connection with the expiration of the term of office of a governor and the inauguration of a new governor. The interest of the State requires that such transitions be accomplished so as to assure continuity in the conduct of the affairs of the state government. Any disruption occasioned by the transfer of the executive power could produce results detrimental to the safety and well-being of the State and its people. Accordingly, it is the intent of the legislature that appropriate actions be authorized and taken to avoid or minimize any disruption. In addition to the specific provisions contained in this chapter directed toward that purpose, it is the intent of the legislature that all officers of the state government so conduct the affairs of the state government for which they exercise responsibility and authority as (1) to be mindful of problems occasioned by transitions in the office of governor, (2) to take appropriate lawful steps to avoid or minimize disruptions that might be occasioned by the transfer of the executive power, and (3) otherwise to promote orderly transitions in the office of governor. [L 1972, c 126, pt of §1]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 30. Gubernatorial Transition › 30-3 Expenditures authorized; limitations.

§30-3 Expenditures authorized; limitations.
(a) The comptroller shall provide, upon request, to each governor-elect, for use in connection with the governor-elect's preparations for the assumption of official duties as governor, necessary services and facilities, including:
(1) Suitable office space appropriately equipped with furniture, furnishings, office machines and equipment, and office supplies as determined by the comptroller after consultation with the governor-elect, within the state capitol complex;
(2) Payment of the compensation of members of office staffs designated by the governor-elect at rates determined by the governor-elect; provided that any employee of any agency of the state government may be detailed to such staffs on a reimbursable or nonreimbursable basis; and while so detailed such employee shall be responsible only to the governor-elect for the performance of the employee's duties; and provided that any employee so detailed shall continue to receive the compensation provided pursuant to law for the employee's regular employment, and shall retain the rights and privileges of such employment without interruption. Notwithstanding any other law to the contrary, persons receiving compensation as members of office staffs under this paragraph, other than those detailed from agencies, shall not be held or considered to be employees of the state government except for purposes of the public employees retirement system;
(3) Payment of expenses for the procurement of services of experts or consultants or organizations thereof for the governor-elect at rates not to exceed $100 per diem for individuals;
(4) Payment of travel expenses and subsistence allowances, not to exceed that authorized for other state employees, including rental by the state government of hired motor vehicles, found necessary by the governor-elect, as authorized for persons employed intermittently or for persons serving without compensation, as may be appropriate;
(5) Communication services found necessary by the governor-elect;
(6) Payment of expenses for necessary printing and binding.
Each governor-elect shall be entitled to conveyance of all mail, including airmail, sent by the governor-elect in connection with the governor-elect's preparations for the assumption of official duties as governor.
(b) The comptroller shall expend no funds for the provision of services and facilities under this chapter in connection with any obligations incurred by the governor-elect before the day following the date of the general elections.
(c) In the case where the governor-elect is the incumbent governor, there shall be no expenditures of funds for the provision of services and facilities to such incumbent under this chapter, and any funds appropriated for such purposes shall be returned to the general fund of the State. [L 1972, c 126, pt of §1; gen ch 1993]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 30. Gubernatorial Transition › 30-4 Duties of outgoing governor.

§30-4 Duties of outgoing governor.
It shall be incumbent upon the outgoing governor to:
(1) Provide channels enabling the governor-elect to:
(A) Inform career civil servants of governor-elect's program goals and new policies;
(B) Effect communication channels with the administration of the governor. The governor-elect may obtain information from the governor's administration by circulating questionnaires or by other means. Information sought may include any questions which will effect the intent of the legislature in enacting this legislation, as expressed in section 30-1. Such contacts may also include inquiries designed to elicit descriptions of programs, recommendations, and justifications for elimination, curtailment, or expansion of services, projections of future developments or needs within program areas, recommendations for administrative changes, comments upon anticipated federal developments which might have program or budgetary implications for state programs, and elaboration of procedural details.
(2) Direct that official documents, vital information, and procedural manuals be given to the governor-elect upon the governor-elect's request. [L 1972, c 126, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 30. Gubernatorial Transition › 30-5 Budgetary information to be given governor-elect.

§30-5 Budgetary information to be given governor-elect.
If the governor under whose supervision the budget report has been prepared will be succeeded in office in December next following:
(1) The director of finance shall make available to the governor-elect so much as the governor-elect requests of the information upon which the governor's budget report is based, and upon completion of the governor's budget report shall supply the governor-elect with a copy thereof. The director of finance shall also make available all facilities reasonably necessary to permit the governor-elect to review and familiarize oneself with the governor's budget report.
(2) After a review of the governor's budget, the governor-elect may prepare revisions and additions thereto. The director of finance shall assist, upon request, in the preparation of such revisions or additions.
(3) The director of finance shall have as many copies of the revised budget report printed as the governor-elect requests.
(4) The director of finance shall compile a summary of the revised budget report containing the revenue and expenditure recommendations of the governor-elect and if requested by the governor-elect may transmit a copy of the revised budget report to each member of the legislature.
(5) Upon request, the director of finance shall distribute copies of the revised budget report, to public libraries, schools, and state officials. The director of finance shall make a reasonable number of copies of the revised budget report available to the general public. [L 1972, c 126, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 30. Gubernatorial Transition › 30-6 Budget request.

§30-6 Budget request.
The governor shall include in the budget transmitted to the legislature, for each fiscal year in which the governor's regular term of office will expire, a request for appropriation of $100,000 for carrying out the purposes of this chapter. [L 1972, c 126, pt of §1; gen ch 1985; am L 1988, c 9, §1]
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 36. Management of State Funds › 36-1 Responsibility for moneys.

§36-1 Responsibility for moneys.
The director of finance shall be responsible for the safekeeping of all moneys paid into the treasury, and for the proper disbursement and appropriation thereof, pursuant to the laws; and the director shall be liable therefor on the director's official bond, provided that in case of the larceny or embezzlement of any moneys, by any officer of the director's department, or other persons, the director shall be allowed to give that fact, and that the director had no collusive knowledge thereof, in evidence, and the establishment of these facts shall discharge the director from responsibility. [CC 1859, §473; RL 1925, §1247; RL 1935, §2206; RL 1945, §5807; RL 1955, §132-7; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §36-1; am L 1972, c 6, §1; gen ch 1985]
Cross References
Generally, see §26-8.
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 36. Management of State Funds › 36-2 Keep full records.

§36-2 Keep full records.
The director of finance shall keep, or cause to be kept, in appropriate books, a clear, distinct, and full record of all the transactions and business of the director's department. [CC 1859, §471; RL 1925, §1245; RL 1935, §2204; RL 1945, §5805; RL 1955, §132-5; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §36-2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 36. Management of State Funds › 36-3 Fiscal agents.

§36-3 Fiscal agents.
The director of finance may appoint, with the approval of the governor, such fiscal agents as may be necessary and expedient to facilitate the sale, purchase, and redemption of the bonds of the State and the payment of interest thereon. The director may authorize and empower the fiscal agents, for and on behalf of the State, to receive and receipt for moneys realized from the sale of the bonds and to pay out moneys for the redemption or purchase thereof and for the payment of interest thereon, and to receive receipts for all moneys so paid out. Moneys received by the fiscal agents from the sale of bonds on behalf of the State shall not, for a period of fifteen days after the sale of bonds, be considered as deposits within the meaning of chapter 38, and moneys placed with the fiscal agents for the purpose of purchase or redemption of bonds and coupons shall not be considered as deposits within the meaning of chapter 38.
The director may also appoint, with the approval of the governor, such mainland depositories as may be necessary or expedient for the safekeeping of securities owned by the State, and may authorize and empower these depositories, for and on behalf of the State, to pay for, receive delivery of, and receipt for, securities purchased by the State, to receive interest payments, to deliver and receive payment for securities sold or redeemed by the State and to perform all other acts in connection with these securities which are customarily performed by depositories. Moneys received by the depositories on behalf of the State from the sale or redemption of securities, or as interest, shall not for a period of fifteen days after the receipt thereof by the depository be considered as deposits within the meaning of chapter 38, and moneys placed with the depositories for the purpose of purchase of securities shall not be considered as deposits within the meaning of chapter 38. This paragraph may be applied with respect to any securities deposited in the director's custody or control by any agency, government or private, with the approval of and at the expense of the agency, which expenditures, in the case of a government agency, may be made from any funds available for its current expenses. Funds of any government agency awaiting investment, also funds received by the depository on behalf of the government agency from the sale or redemption of securities or as interest for a period of fifteen days after receipt thereof, shall be deemed held by the director or in the treasury of the State within the meaning of any requirement of law, and any moneys, though required to be held in the treasury, shall not, under the foregoing circumstances, be considered as deposits within the meaning of chapter 38.
All appointments made under this section may be revoked by the director at any time. [L 1907, c 102, §1; am L 1927, c 233, §1; RL 1925, §1243; RL 1935, §2202; am L 1939, c 51, §1; RL 1945, §5803; am L 1945, c 59, §1(2); RL 1955, §132-3; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §36-3]
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 36. Management of State Funds › 36-4 Instruct subordinates.

§36-4 Instruct subordinates.
The director of finance shall, from time to time, instruct the officers of the director's department in relation to their duties and business. [CC 1859, §472; RL 1925, §1246; am imp L 1932 2d, c 40; RL 1935, §2205; RL 1945, §5806; RL 1955, §132-6; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §36-4; gen ch 1985]
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 36. Management of State Funds › 36-5 Responsibility for drafts on treasury.

§36-5 Responsibility for drafts on treasury.
Except as otherwise provided, the head of each department shall be responsible for the correctness of all drafts or orders drawn by him upon the treasury, in pursuance of appropriations, and for the proper disbursements of all appropriations for his department. The responsibility of the director of finance, in these cases, shall be limited to the payment of the aggregate amount of appropriations made by the legislature. [CC 1859, §477; RL 1925, §1251; RL 1935, §2210; RL 1945, §5811; RL 1955, §132-11; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §36-5]
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 36. Management of State Funds › 36-6 Report to legislature.

§36-6 Report to legislature.
The director of finance shall make an annual report to the legislature of the transactions and business of the director's department, showing the revenue and expenditure for the preceding year, and giving a full and detailed estimate of the revenue and expenditure for the succeeding year. [CC 1859, §470; RL 1925, §1244; RL 1935, §2203; RL 1945, §5804; RL 1955, §132-4; am L Sp 1959 1st, c 13, §2; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §36-6; gen ch 1985]
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 36. Management of State Funds › 36-7 Director's certificates, evidence.

§36-7 Director's certificates, evidence.
The director of finance may certify, under the seal of the director's department, copies of vouchers and other documents deposited in the director's office; and copies so certified shall be as valid evidence in any court as the originals. [CC 1859, §476; RL 1925, §1250; RL 1935, §2209; RL 1945, §5810; RL 1955, §132-10; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §36-7; gen ch 1985]
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 36. Management of State Funds › 36-8 Director may administer oaths.

§36-8 Director may administer oaths.
The director of finance may administer all necessary oaths connected with the duties of the director's department. [CC 1859, §475; RL 1925, §1249; RL 1935, §2208; RL 1945, §5809; RL 1955, §132-9; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §36-8; gen ch 1985]
Case Notes
Cited: 13 H. 85.
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 36. Management of State Funds › 36-22 Loans for federal-aid projects.

§36-22 Loans for federal-aid projects.
(a) The director of finance may make loans to any state agency from the general, special, and revolving funds of the State for the purpose of enabling the State to prepay the costs reimbursable by the federal government on federal aid projects, when the director determines that:
(1) There are any moneys of the State which in the director's judgment are in excess of the amounts necessary for meeting the immediate requirements of the State and where in the director's judgment the action will not impede or hamper the necessary financial obligations of the State.
(2) The project is authorized in compliance with section 103-7.
(3) Federal aid in the form of reimbursable funds has been committed to the project in an amount sufficient to repay the principal on the loan.
(4) Federal reimbursement is expected to be received within a reasonable period of time after the loan is made.
(b) In addition to any other conditions that the director of finance may impose, any loan made pursuant to this section shall be subject to the following conditions:
(1) The full amount of the loan must be repaid to the fund from which the loan was made upon final settlement of accounts with the participating federal agency.
(2) The term of the loans shall not exceed one calendar year from the time of the loan; provided, at the option of the director, the loans or the balances thereof may be renewed annually.
(c) The director may, in the director's discretion, require payment of interest on any loan made, the rate of interest not to exceed that which the State could have realized if it invested the same in time certificates of deposit.
(d) The director shall have the option at any time to recall the loan and recover the outstanding amount of the loan plus interest due, if any. [L 1965, c 130, §2; Supp, §132-12.5; HRS §36-22; gen ch 1985]
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 36. Management of State Funds › 36-23 Purchase of county bonds.

§36-23 Purchase of county bonds.
The director of finance, with the approval of the governor, may purchase bonds issued by the several counties in conformity with the law, or loan money to the counties on the security of the bonds out of any funds that may be available for such purposes, or accept the bonds as payment for property sold to the counties, whenever they may deem it for the public interest so to do. [L 1907, c 66, §1; RL 1925, §1252; RL 1935, §2211; RL 1945, §5812; RL 1955, pt of §132-13; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §36-23]
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 36. Management of State Funds › 36-24 Loans to state and county agencies.

§36-24 Loans to state and county agencies.
When there are moneys in the general, special, or revolving funds of the State which in the director of finance's judgment are in excess of the amounts necessary for the immediate state requirements, the director may make temporary loans therefrom to the employees retirement system, the board of water supply of the city and county of Honolulu, the Hawaii housing finance and development corporation, or to any state or county department, board, commission, officer, authority, or agency authorized under the laws of the State to issue bonds, or to the several counties, if in the director's judgment the action will not impede or hamper the necessary financial operations of the State. The loans to any county shall not at any time be more than $100,000 over the amount of tax moneys which the director estimates will be paid by the director to the county during the balance of the calendar year, provided that in the case of the city and county of Honolulu the loans may be made up to $250,000 over the amount of tax moneys which the director estimates will be paid by the director to the city and county during the balance of the calendar year. The loans to other organizations shall not at any time exceed the amount of moneys which the director estimates the organization will be in receipt of, from bond funds or other sources, during the twelve months following the loan. The loans shall be without interest. Loans to counties shall be made only upon the request of the county treasurer approved by the county council. All loans shall be repaid upon the demand of the director. In the absence of any demand, loans to counties shall be repaid before June 30 of the following year, pursuant to the following procedure: from time to time as tax moneys which are payable to the borrowing county are deposited into the treasury, the director shall retain therefrom sufficient moneys to cover the amounts of all loans, and shall reimburse the general, special, or revolving funds therewith. [L 1945, c 133, §1; am L 1947, c 167, pt of §1; am L 1949, c 342, pt of §1; RL 1955, pt of §132-13; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §36-24; gen ch 1985; am L 1987, c 337, §3; am L 1997, c 350, §14; am L 2005, c 196, §26(b); am L 2006, c 180, §16]
Revision Note
"Council" substituted for "board of supervisors".
Cross References
Transfer for revenue bond purposes, see §39-72.
Attorney General Opinions
Agencies eligible for loans; amount. Att. Gen. Op. 63-24.
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 36. Management of State Funds › 36-25 Transfers to loan fund; interest.

§36-25 Transfers to loan fund; interest.
(a) When there are excess moneys, as provided in section 36-21, the director of finance may make temporary transfers of the moneys to the loan fund for the temporary uses thereof. The total of the transfers to the loan fund shall not exceed the sum of unissued general obligation bonds of the State as authorized by the legislature. The general, special, or revolving funds shall be reimbursed from the proceeds of bond sales upon the eventual issuance and sale of the bonds.
(b) The director of finance may, in the director's discretion, require payment of interest on any moneys, including loan fund moneys, used to fund any expenditure as provided in any act of the legislature for which general obligation bonds have been authorized but unissued, the debt service of which is required to be repaid from revenues, user taxes or a combination of both, of the public undertaking, improvement or system. Interest shall be paid by the public undertaking, improvement or system which incurred such expenditures and shall be computed on the aggregate amount of moneys used by that public undertaking, improvement or system on a monthly basis as determined and reported by the comptroller of the State; provided that the rate of interest shall not exceed that which the State could have realized if it invested the same in time certificates of deposit. Income derived from the temporary use of moneys as provided herein shall be a realization of the general fund. Upon the eventual issuance and sale of the bonds, debt service shall be paid by the public undertaking, improvement or system as provided by law. [L 1947, c 167, pt of §1; am L 1949, c 342, pt of §1; RL 1955, pt of §132-13; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §36-25; am L 1978, c 116, §1; gen ch 1985]
Cross References
Transfer for revenue bond purposes, see §39-72.
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 36. Management of State Funds › 36-26 Transfer of unrequired funds for redemption of serial bonds.

§36-26 Transfer of unrequired funds for redemption of serial bonds.
The director of finance, with the approval of the governor, may transfer all balances of moneys received from the sale of state bonds for state improvements on deposit in loan funds, which are no longer required for the purposes for which the state bonds were issued, from the loan funds to the general fund in case the moneys were received from the sale of serial bonds. The amounts so transferred shall be used for the redemption of the serial bonds as they become due. The amounts transferred to the general fund shall be deemed to be appropriated for the purpose of the redemption of serial bonds as they become due. [L 1941, c 100, §1; RL 1945, §5930; RL 1955, §132-15; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §36-26]
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 36. Management of State Funds › 36-28 Transfers from state highway fund for central service expenses.

§36-28 Transfers from state highway fund for central service expenses.
Except as hereinafter provided, and notwithstanding any other law to the contrary, there shall be deducted from time to time by the director of finance, for the purpose of defraying the prorated estimate of central service expenses of government in relation to the state highway fund created by section 248-8, five per cent of all receipts and deposits in the fund, after deducting therefrom any amounts pledged, charged, or encumbered for the payment of bonds or interest thereon during the current year, from which receipts or deposits no deduction of five per cent has been previously made, which deductions shall be transferred to the general fund of the State and become general realizations of the State. The state department of transportation shall cooperate with the director of finance in effecting these transfers. [L 1957, c 69, §2; am L Sp 1959 2d, c 1, § §14, 26; am L 1963, c 114, §1; Supp, §132-16.5; HRS §36-28]