In this space, we have often spoken of funding government with 鈥渟pecial funds.鈥

Special funds are pots of money dedicated to a specified purpose. Money in the fund can be spent for the specified purpose without going through the general appropriation process at the Legislature.

Agencies love them because they can spend money without interference by meddlesome lawmakers. Supporters of the programs and services that the fund is spent on like them too, because the fund is dedicated to their program or service.

Or so they think. But there is some 鈥渟kimming鈥 going on.

A Hawaii law dating back to 1955, which now can be found at , says that 5 percent of any special fund鈥檚 income will be paid to the state general fund to pay 鈥渃entral service expenses,鈥 which we assume are shared services costs such as payroll, accounting, compliance reporting and other administrative costs.

The public waits as Hawaii law makers assemble in both the House and Senate to open the 2017 Legislation session at the Hawaii State Capitol, Wednesday, Jan. 18, 2017, in Honolulu. Photo by Eugene Tanner/Civil Beat
Opening day of the 2017 Hawaii State Legislature. Government often funds itself through special funds, but it’s not clear what costs are covered when those funds are skimmed. Eugene Tanner/Civil Beat

HRS sections , and apply a similar skim to the highway, airport and harbor funds, respectively, except that the 5 percent applies to the fund鈥檚 income net of payments for principal and interest on bonds.

The same 1955 law contained another provision, now found at , which says that each special fund 鈥渟hall be responsible for its pro rata share of the administrative expenses incurred by the department responsible for the operations supported by the special fund concerned.鈥

This law does not provide for a flat percentage, but instead requires the state department in charge of the special fund to figure out the proper administrative costs.

Reports to the Legislature by the Department of Budget and Finance show the amounts that have been assessed in recent years:

Source: Department of Budget and Finance, Budget, Program Planning and Management Division .

Paying A Fair Share

In 1994, State Auditor Marion Higa issued on these assessments. She concluded that it was appropriate for special funds to pay their fair share of administrative costs.

But she observed that a flat 5 percent seemed to be an arbitrary percentage and wondered whether it was a reasonable amount, observing that other states that charged central services expenses were charging quite a bit less in percentage terms.

To determine whether the 5 percent flat amount is fair, we need to know what costs this charge was meant to cover.

The state auditor recommended that the Department of Budget and Finance put out some rules, which the statute authorizes explicitly, to add clarity and consistency.

It鈥檚 23 years later and we鈥檙e still waiting for those rules.

In upcoming weeks, we will examine other issues relating to the Central Services Skim, as I call it, including the sheer number of funds that are exempt from it and how continued proliferation of the exemptions may get us in sky high trouble with the federal government, and the one department in state government that flatly refuses to pay a penny of the Central Services Skim.

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