Budget Primer JULY 2018 Hawaiʻi - An Overview of How Hawaiʻi Invests in Our Future and Our People - Hawai'i Budget & Policy Center
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Hawai‘i Budget & Policy Center Better information. Better policy. Better Hawai‘i. Advisory Board Randy Moore, Chair Norm Baker Joy Barua Betsy Cole David D. Derauf, MD James Koshiba Jerry Rauckhorst David J. Reber, Esq. Jennifer Sabas, Esq. Jeanne Unemori Skog Leslie Wilcox Kalbert Young Sylvia Yuen Staff Beth Giesting, Director www.HIBudget.org
JULY 2018 1 CONTENTS Contents Introduction and Overview 3 Basics of Hawaiʻi’s State Budget 4 Budget Lifecycle and Process 8 Hawaiʻi’s Fund Categories 10 Revenue: Hawaiʻi’s Taxes and Fees 14 How Hawaiʻi Spends Its Money 19 County Budgets at a Glance 26 In Conclusion: Get Involved 30 Appendix: Snapshot of Executive Departments and Agencies 32 Appendix: Appropriations Bills Passed for FY2019 36 Endnotes38
HAWAIʻI STATE BUDGET PRIMER “Don’t tell me what you value. Show me your budget, and I’ll tell you what you value.” —Joe Biden
JULY 2018 3 INTRODUCTION AND OVERVIEW Introduction and Overview Hawai‘i’s budget is a powerful foundation of daily life and a demonstration of our state’s priorities. It sets out where we get our money and what and who we spend it on. It dictates the investments we make in our schools, our environment, our health, and our economy. It is the blueprint for Hawai‘i’s current and future prosperity and is an economic engine in itself, making up 20 percent of the state’s gross domestic product. Every budget cycle, our elected leaders need to make tough decisions. Will the state raise additional revenue by increasing taxes or fees? Will the state add or cut services for people, and if so, what will be affected—public health, public education, economic development? Who will bear the brunt of or benefit from the changes—keiki, kupuna, the poor, the wealthy? How will we invest in Hawai‘i’s future? How much money will we spend on affordable housing, the environment, and transportation? How much will we save for a rainy day? Despite the importance of the budget, for all but a few people, its process and substance are incomprehensible. The Hawai‘i Budget and Policy Center’s Budget Primer seeks to address that hurdle for policy makers, other individuals and groups wanting to understand and have a say in the decisions about our budget. This primer serves as an entry-level course covering the components of the state budget, how it is created, and the priorities and choices it reflects. In this primer, we focus largely on the state’s executive branch budget. It allocates funding to all state programs and services and is the largest budget that the Legislature passes. The executive budget, as passed by the Legislature in 2018 to be spent in fiscal year 2019, was $17.5 billion for operating and capital expenditures plus other appropriations measures.1 Reflecting the different branches of government, the Legislature also passes separate budgets for the Judiciary, Legislature, and Office of Hawaiian Affairs. In addition, this primer provides a high-level summary of county budgets, important in their own right in collecting and spending public money to meet local needs.
4 HAWAIʻI STATE BUDGET PRIMER Basics of Hawaiʻi’s What is the State Budget? Fiscal Year/Biennium Budget Our budget is a plan for spending For the Hawai‘i state government, State Budget based on available revenues. It each fiscal year (FY) begins on reflects the priorities and values July 1 and ends on June 30 of the of the state as it addresses the following year and is referred to operational and capital needs of by the calendar year of its end the executive branch, the Judiciary, date. For example, FY2019 starts the Legislature, and the Office of on July 1, 2018 and ends on June Hawaiian Affairs. The Legislature 30, 2019. Hawai’i operates on a also appropriates funds to meet fiscal biennium budget, meaning other priority needs through grants- each budget covers two fiscal years. in-aid and appropriations bills. Fiscal biennium 2017-2019 (FB17- 19) covers fiscal years 2018 and 2019, spanning July 1, 2017 to June Who Decides? 30, 2019. The budget details the Each branch of government expenditures and revenues for a provides a proposed budget for given biennium. its operating and capital needs to The executive branch accounts the Legislature, which considers, for 99 percent of the state budget amends, and appropriates funds by paying for the programs and for these budgets during the services managed by the 17 annual legislative session. In administrative departments, the addition, other appropriations University of Hawai‘i system, and bills are introduced and grant-in- the governor’s and lieutenant aid proposals are submitted for governor’s offices. Smaller legislative decision-making. The appropriations are made to support legislative session provides the the other independent branches public the most information and of government in Hawai‘i: the the best opportunity to express Legislature, the Judiciary, and the opinions about state-supported Office of Hawaiian Affairs. The programs, operating budgets and Legislature approves operating and bills that affect other appropriations capital budgets for each branch. and revenues such as taxes. The Legislature also funds grants- in-aid, which support operating or capital requests from non- governmental applicants, approves state bond issues, and makes other appropriations.
JULY 2018 5 BASICS OF HAWAIʻI’S STATE BUDGET Hawai‘i FY2019 Budget Vital Statistics Operating and Capital Projects: Executive: $16.8 billion Judiciary: $185 million Legislative: $42 million OHA: $9 million Grants in Aid: $30 million Appropriations bills: $481 million TOTAL: $17.5 billion Permanent Positions: 48,222 Temporary Positions: 4,067 Source: HBPC analysis of FY2019 budget worksheets and appropriations bills, 2018 session
6 HAWAIʻI STATE BUDGET PRIMER Legal Requirements for Hawaiʻi’s Budget Balanced Budget: The Hawai‘i Constitution provides that no public money shall be expended except as appropriated by law. In addition, it requires that controlling the rate of expenditures or reducing expenditures of appropriated state moneys shall be made by law. It states that general fund expenditures for any fiscal year shall not exceed the state’s current general fund revenues and unencumbered cash balances, except when the governor declares that the public’s health, safety or welfare is threatened, as provided by law. Excess Revenues: The state constitution requires that “whenever the state general fund balance at the close of each of two successive fiscal years exceeds five percent of general fund revenues for each of the two fiscal years,” during the next regular session the Legislature shall do one of the following: 1) provide a refund or tax credit; 2) deposit funds into the state emergency reserve; or 3) prepay debt service obligations, pension, or other post-employment benefit liabilities. Council on Revenues: The Hawai‘i Constitution requires that there be a Council on Revenues. This Council is established by law and administratively attached to the state Department of Taxation. The Council on Revenues is made up of seven unpaid, volunteer members, three of whom are appointed by the governor for four-year terms and two each who are appointed by the President of the Senate and the Speaker of the House of Representatives for two-year terms. Members of the Council are not subject to term limits. The Council is required to provide its latest forecast of revenues to the governor and the Legislature by June 1, September 1, January 10 and March 15 of each year. The revenue estimates cover the fiscal year in progress and each of the ensuing fiscal years. The Council also provides its estimates of state total personal income in order to establish the state expenditure ceiling mandated by the Hawai‘i Constitution. Forecasts of total personal income are reported to the Director of Finance, the governor, the Chief Justice and the Legislature each August 5 and November 5. Estimates prepared by the Council are considered by the governor in preparing the state budget, recommending appropriations and controlling expenditures, and are considered by the Legislature in appropriating funds and enacting revenue measures. South Carolina may be the only other state that has a group performing functions similar to Hawai‘i’s Council on Revenues. The Hawai‘i Legislative Expenditure Ceiling: The Hawai‘i Constitution provides that “the Legislature shall Reference Bureau establish a general fund expenditure ceiling, which shall limit the rate of growth of (lrbhawaii.org) has a quick general fund appropriations…to the estimated rate of growth of the State’s general link to the state constitution on its homepage. economy as provided by law.” By statute, the expenditure ceiling is set by the rate of “state growth” as determined by averaging the annual state personal income growth during the three preceding calendar years. This average rate of state growth is used to adjust the immediate prior fiscal year expenditure ceiling. The Legislature may not authorize appropriations that exceed the ceiling unless two-thirds of each house votes to do so and they explicitly state the agreed-upon dollar amount, rate by which they are exceeding the ceiling, and the rationale for this action. As noted by the Department of Budget and Finance (budget.hawaii.gov/budget/about- budget/), “The governor is required to submit to the Legislature a plan of proposed aggregate appropriations for the State which includes the executive budget, proposed grants-in-aid to private entities, any specific appropriation measures to be proposed by the executive branch and estimates of the aggregate proposed appropriations of the judicial and legislative branches of government. In any year in which this plan of proposed General Fund appropriations exceeds the estimated expenditure ceiling, the Governor must declare the dollar amount and the rate by which the expenditure ceiling would be exceeded and the reasons for proposing appropriations in excess of the ceiling amount.”
JULY 2018 7 BASICS OF HAWAIʻI’S STATE BUDGET Revenue and Spending Trends The Legislature is responsible for approving the budget—the state’s spending plan—but the Department of Taxation oversees the collection of tax revenue and other fees, the Council on Revenues analyzes past and future revenue trends, and the governor and Department of Budget and Finance are responsible for controlling the purse strings, complying with the approved budget within the constraints of available resources. Revenues and expenditures are affected by inflation, population growth, the economy, tax law changes, and other factors. Figure 1.3 and 1.4 show projected increases in both revenue and spending.2 Historic Revenue and Spending Patterns With the exception of recent budget surpluses, Hawai‘i typically fully expends all general fund revenues on an annual basis. The recession created a gap between revenues and expenditures in 2009 (Fig 1.5), but in most years revenues modestly exceed expenses.3 The total amount available to spend is based on the Council on Revenues’ quarterly projections. In addition, individual budgetary items have spending ceilings that are linked to the overall growth of the economy.4 Comparative Spending Hawai‘i comes in fourth among states in per capita spending of state- generated revenues. Alaska spends the most ($13,522), Florida spends the least ($3,509), and Hawai‘i spends $9,685. The national average is $5,858.5
8 HAWAIʻI STATE BUDGET PRIMER Budget Lifecycle The budget process involves many individuals and entities, including the governor, the state Legislature, the Council on Revenues, the Department of and Process Budget and Finance, and all the executive departments and agencies. The budget process shown here summarizes information from the Department of Budget and Finance.6 Due to the biennial timeframe, the Legislature passes a new budget every odd-numbered year and a supplemental budget every even-numbered year.
JULY 2018 9 BUDGET LIFECYCLE AND PROCESS April to September balance of the current fiscal year two-thirds vote of each house.12 The budget process begins in and expectations for the next six the spring and summer with fiscal years. In the state Legislature, July through September program structure updates by the the Senate Ways and Means and Beyond Department of Budget and Finance Committee (WAM) and House Finance Committee (FIN) conduct The budget is adopted and funds (B&F) and the many departments. public hearings with executive are allocated based on legislative In August/September, B&F issues departments and agencies and appropriations and action by the budget preparation instructions to prepare revised versions of the bill governor (e.g., vetoes or restrictions) the departments.7 and budget worksheets. FIN reviews for the biennium starting July 1 the bill and worksheets, and after of the odd-numbered calendar October to December year. The governor has the power three readings (votes), the whole Agencies submit their budget House of Representatives passes a to release or restrict funding that requests to B&F. After submitting version of the budget. WAM then was appropriated. Restrictions are budget recommendations to the reviews and makes modifications, most frequently imposed when departments and going through and the Senate passes its own the Council on Revenues lowers its an appeals period, the governor version after three readings. Finally, revenue projections. prepares the proposed executive House and Senate members meet branch budget. B&F is largely in a conference committee to The Following Year responsible for crafting the reconcile their versions of the bill The Legislature is not legally proposed budget, in discussion and worksheets. Both the House required to amend the biennium with the executive departments and Senate must then vote to pass budget during the following and state agencies. The governor the final conference version of the legislative session (even-numbered submits this proposed budget to budget bill.9 year), but it almost invariably does the Legislature in December, at update the executive budget. The least 30 days before the Legislature May governor proposes an executive convenes. The Council on Revenues The budget bill goes to the supplemental budget, and the provides quarterly forecasts of governor, who can sign or veto it. Legislature passes another budget future revenues to inform the The governor also has “line item” bill that amends the budget passed budget process.8 veto power, which means that he or in the first (odd-numbered) year. she may veto particular items in the The supplemental budget bill may January to April/May change a department’s authorized budget by striking out or reducing No later than January 10, the those items.10 11 If the governor funding and staffing for the second Council on Revenues must share vetoes anything, the Legislature can year in the budget biennium.13 14 with the Legislature its quarterly reconvene to amend and pass the general funds forecast for the budget or override the veto with a
10 HAWAIʻI STATE BUDGET PRIMER Hawaiʻi’s Fund Categories Taxes and other revenues collected by the state are credited to discrete funding categories which are drawn upon to support the state budget. The largest revenue depositories are the general fund, special funds for various purposes, federal funds, and bond proceeds. Figure 3.1 shows how Hawai’i tax revenues are distributed into these funds.15 General Fund The general fund is the state’s largest fund, most subject to constitutional restrictions, and most open to legislative discretion, yet it supports only 52 percent of ongoing executive operations and makes up 45 percent of all executive funds when adding in capital improvements and other appropriations bills.16 All revenue not specifically accounted for elsewhere goes into the general fund.17 except in certain circumstances.21 on high-income filers, and imposed The general fund is mainly However, revenue projections that a temporary tax credit cap. These comprised of tax revenue, with miss the mark or leftover deficits decisions bolstered revenue in the the largest sources being general from prior years sometimes result in years following the recession.23 Post- excise and use, personal income, expenditures that exceed revenues. recession general fund revenue- and transient accommodation taxes. Trends in General Fund Revenue: enhancing measures include a Most of the general fund comes As seen in Figure 3.2, general fund change in income tax brackets in from state taxes,18 but general revenue dipped during the recent conjunction with enacting an Earned fund revenue also comes from recession, even without accounting Income Tax Credit for lower-income investment earnings and money for inflation or population growth, wage earners in 2017.24 from fines, licenses, and permits.19 but has climbed steadily since.22 As Hawai’i reached an unprecedented Of all tax collections, 86 percent a response to recession-flattened $1 billion general fund surplus at the was distributed to the general fund revenues, the Legislature increased close of FY2016,25 and continuing in FY2017 (Fig. 3.1).20 cigarette and tobacco taxes, surpluses allowed the Legislature The state constitution mandates temporarily increased the hotel to appropriate significant funds to that general fund expenditures may room tax, increased taxes on the affordable housing and other needs not exceed general fund revenues transfer of large properties, created while also contributing to the rainy and unencumbered cash balances, temporary new brackets and rates day fund in 2018.26
JULY 2018 11 HAWAIʻI’S FUND CATEGORIES Federal Funds Federal funds are an important source of support for state programs, contributing $3 billion to a $15 billion executive budget ($14.4 billion for ongoing operations plus $480 million for one-time appropriations). Federal funds are largely devoted to health, human services, and education (Fig 3.3), making up: • 63 percent of the Department of Human Services budget, contributing more than half the cost of Medicaid and CHIP (the Children’s Health Insurance Program) and substantial portions of program costs for adoption and foster care, TANF (Temporary Assistance for Needy Families), SNAP (the Supplemental Nutrition Assistance Program), and housing assistance. • 8 percent of the Department of Health budget, paying for such services as behavioral health care and WIC (Women Infants and Children) program. • 11 percent of the Department of Education budget, supporting special education programs and other initiatives. • 32 percent of the funding for the Office of the Attorney General budget to pay for child support enforcement and criminal justice information and identification. • 26 percent of the Department of Hawaiian Home Lands’ budget to manage and develop trust lands. In FY2019, federal funds will support 17 percent of • 33 percent of the Department of Defense Hawai‘i’s $17.5 billion state budget, either as matching budget to mitigate physical disasters. percentages or as grants. The vast majority—82 percent— • 10 percent of the Department of Labor of federal funds awarded go to health and human services and Industrial Relations budget for programs, nine percent towards education, and nine workforce development. percent to all other programs.28 • 10 percent of the Department of Land A study by the Center on Budget and Policy Priorities and Natural Resources budget for for FY2017 showed that 17.5 percent of the funding in fisheries, forests, and general ecosystem Hawai‘i’s state budget came from federal grants, which protection.27 put Hawai‘i last among all states (Fig 3.4). By this measure,
12 HAWAIʻI STATE BUDGET PRIMER Michigan received the largest share of federal funding at 41.9 percent, while the national average was 31.3 percent.29 Looking at federal funding as part of the state budget in another way, Hawai‘i ranks 28th on a per capita basis, drawing in $1,800 per resident. This is well behind first-place Alaska at $5,177 per head but better than last-place Ohio with $1,075 (Fig 3.5).30 A distinction should be made in accounting for Hawai‘i’s share of federal funds: a large amount of dependence of state government Fund, which receives surcharges federal dollars come to Hawai‘i on federal funds.”32 In response, the from wireless phone users to fund because of a strong military Department of Budget and Finance the 911 emergency system.38 While presence and defense spending issued its interim report to the special funds may not be diverted to here.31 These expenditures contribute Legislature in January 2018 outlining any other purpose, they must still be to the gross state product and related initial steps and listing federal appropriated through the budget tax revenues, but not directly to grants by state department.33 process in order to be spent. crucial programs supported by the Figure 3.6 shows projected changes state budget. Only the latter are Special Funds in special fund balances between reflected in Figure 3.5. Special funds are established by FY2017 and FY2023.39 In 2016, the Legislature passed the Legislature with revenues from SB2550 (Act 225), amended in specified sources that are dedicated Reserve Funds 2017 by SB102 (Act 178). These to supporting an identified purpose The Emergency and Budget Reserve bills direct the administration to related to the revenue source. They Fund (EBR), which was created in study and report on federal funds are restricted funds that may not 1999, is devoted to emergency and supporting state programs in be allocated by the Legislature or “rainy day” purposes.40 The EBR is order to understand the impact of governor for any other purpose.34 funded by legislative appropriations possible major reductions in federal A variety of sources contribute and surpluses from tobacco funds. The first act calls for policy to special funds, including eight settlement moneys. Interest earned recommendations that address percent of state tax revenues.35 on the EBR is deposited to the “conditions for using federal funds Special fund revenues include general fund.41 as the means of financing the fuel taxes, motor vehicle taxes, salaries of state employees” and unemployment insurance taxes, According to the Pew Charitable “circumstances under which the revenue from public undertakings, Trusts,42 Hawai‘i’s rainy day fund had state government should continue fees collected for medical services, 15.2 days’ worth of general funds programs or projects with state and other sources.36 Special funds at the end of FY2017. The national funds after federal funds are no will pay for 18 percent of the average for that year was 19.8 days, longer available for those programs total FY2019 budget, including with Alaska having the highest and projects.” The subsequent transportation, hospitals, housing, reserve level at 383 days and four directive in Act 178 reads, in education, environmental states having none. Hawai‘i’s 2017 part, “the Legislature intends for management, tourism, and other rainy day balance ($311 million as the study to result in a policy from areas.37 An example of a special of FY2017) represented 4.2 percent the governor that reduces the fund is the Wireless Enhanced 911 of general fund expenditures
JULY 2018 13 HAWAIʻI’S FUND CATEGORIES compared to 5.4 percent for the national average.43 Figure 3.7 shows increasing rainy day balances for Hawai‘i. The Legislature appropriated an additional $125 million to the EBR in 2018.44 The Hawai‘i Hurricane Relief Fund (HHRF) was established in 1993 in response to private insurers withdrawing from the Hawai‘i market after Hurricane Iniki. It ceased operations in 2002 when private insurance again became available. At its termination the fund amounted to $187 million, which is kept in HHRF in the event its services are required in future. However, HHRF has served as a de facto budget reserve, helping tide the state over through the recession. Legislation was passed to restore funds via tax revenues in fiscal years 2013 through 201545 Bond Funds and State Debt The state constitution defines the kinds of bonds and debt obligations the state can undertake and requires that the Legislature approve all bonds. The constitution limits the debt that the state may incur, providing that general obligation bonds may be approved only if the principal and interest payable in any fiscal year is no more than 18.5 percent of the average of general fund revenues over the principal on the bonds. Debt service payments amounting preceding three years.46 This provision is intended to $795 million were included in the FY2019 Department of to ensure that the state’s bond obligations do not Budget and Finance budget.49 jeopardize operating funds. The state issues an annual statement of outstanding indebtedness and Other Funds projects annual bond issues and debt obligations These include: (Fig 3.8).47 On July 1, 2017 this statement noted the following: $6.9 billion for general obligation bonds, • Private Contributions, usually related to launching $2.9 billion for revenue bonds, and $1.4 billion for or piloting a special project or purpose. special purpose revenue bonds.48 • County Funds such as the surcharge imposed by The Department of Budget and Finance manages the City and County of Honolulu to fund the rail most state bonds and debt. These include general project or fuel taxes imposed by the counties.50 obligation bonds, revenue bonds and special facility • Trust Funds, which invoke the state’s fiduciary revenue bonds issued by state agencies, special responsibility for assets held to benefit those assessment bonds, mortgage credit certificates, with a vested interest in the assets, such as the short-term loans, and municipal lease financing. Employer-Union Health Care Trust Fund.51 The department also issues and manages special • Interdepartmental Transfers, which deploy funds purpose revenue bonds, which are instruments that to support a program in a different department.52 fund airports, harbors, highways, and public housing as well as some private projects operated for the • Revolving Funds, which are “funds from which public good, such as hospitals and electric utility the costs of goods and services is [sic] paid for by plants where private parties pay the interest and charges/fees that are levied on the public.”53
14 HAWAIʻI STATE BUDGET PRIMER Revenue: Hawaiʻi’s Taxes and Fees Revenues, particularly taxes, drive the budget. Compared to other states, Hawai‘i’s tax structure relies heavily on income and consumption taxes and less on other fees and taxes.54 Hawai‘i has the fifth lowest local taxes (which are county taxes in Hawai‘i) as a share of total state funding; however, most services that are funded at the local level Changes in tax revenue collection to 25 percent of the general excise in other states are state functions as shown in Figure 4.1, resulted from tax.58 here. One example is that Hawai‘i the combined effects of recession While Hawai‘i ranks high in tax is the only state in which the public and recovery, inflation, population collections per capita, it falls closer school system functions as a school increases, and tax policy changes. to the average on overall tax as a district system funded and operated In fiscal year 2017, Hawai‘i collected percentage of income, a measure by the state.55 In other states, $7.3 billion in taxes, including: of the impact of tax policy upon public education is supported • Net general excise and residents. According to the Tax at the county or municipal level, use tax collections of $3.2 Foundation, Hawai‘i residents paid often relying on property taxes billion (44 percent of total) the 14th highest share of their for funding. In Hawai‘i, only the income to state and local taxes. In counties have constitutional • Net individual income tax collections of $2.2 billion Hawai‘i, 10.2 percent of income authority to levy property taxes, went to state and local taxes, which which are used for county services (30 percent of total) is only slightly higher than the U.S. unrelated to education. (A ballot • Other state taxes, including average of 9.9 percent.59 Although initiative has been proposed for the transient accommodation the percentage of income paid in the 2018 election that would allow tax, fuel tax, and motor taxes is close to national averages, property tax collection at the state vehicle tax of $1.9 billion (26 taxes on the poor in Hawai‘i are level to support certain educational percent of total)56 much higher. The bottom 20 costs.) percent of Hawai‘i families pay Taxes Per Capita approximately twice the state and local tax rate as the top one percent, In FY2015, Hawai‘i ranked third the second heaviest tax burden in highest in per capita state tax the nation for those in poverty (Fig collections, with a per capita 4.2).60 collection amount of $4,530.57 However, it should be noted that states with large numbers of tourists, General Excise and Use Taxes like Hawai‘i, have a portion of their The general execise/use tax is state’s total revenue generated Hawai’i’s largest source of public by taxes paid by visitors. Various revenue (Fig 4.3) and was singled studies estimate that toursits pay up out to be the source of “catch-up”
JULY 2018 15 REVENUE: HAWAIʻI’S TAXES AND FEES contributions to fund post-employment public worker benefits.61 In 2017, GET revenue amounted to $3.2 billion.62 General excise tax is imposed on business activity that takes place in Hawai‘i while the use tax is applied to services or goods acquired from an unlicensed seller located outside of Hawai‘i. The use tax is primarily imposed to reduce the price advantage that out-of-state sellers would otherwise have over Hawai‘i sellers.63 The GET assessment is four percent on most activities but 0.15 percent on insurance commissions and 0.5 percent on wholesaling.64 Since 2007, O‘ahu transactions at the four percent rate have also been subject to a surcharge of one-half of one percent to pay for the development of a commuter rail system.65 Hawai‘i relies on the GET for almost half of its tax revenue, and Hawai‘i’s GET is uncommonly high. The state GET of four percent appears modest when compared to other state sales tax rates. However, equating sales taxes and the general excise tax misrepresents the true impact of the GET. It has been estimated that the income generated by the GET is equivalent to a sales tax of 10 - 11 percent. Currently, Louisiana has the highest sales tax rate at 9.98 percent.66 67 While sales tax is usually imposed only on the end- user of a good, Hawai‘i’s GET extends to services and is applied even when the good or service purchased will be later sold to someone else. This means the same good can be subject to the GET several times.68 The GET is also unique in that it is based on the gross revenue received by the person engaging in the business activity, where most sales taxes are based on proportionally more in general excise taxes. Hawai‘i’s the gross retail sales of tangible goods.69 In addition, excise tax structure is more regressive than the national the tax inflates costs because sellers of goods and average where the lowest 20 percent of residents spend services typically add on to their charges the amount seven percent of their income on excise or sale taxes.71 of the tax plus an additional amount to cover the tax Most states do not collect sales taxes on the purchase on such additional charge. For example, on O‘ahu, the of food and other essentials. Hawai‘i’s GET has no such taxes added by vendors for goods or services is 4.712 exemptions, but a refundable food general excise tax percent (including the rail surcharge). credit is available to Hawai‘i residents with incomes The top one percent of families in Hawai‘i spend one under $50,000. The credit, adjustable by income, percent of their income on excise taxes, while the ranges from $110 at an income level under $5,000 to lowest 20 percent of residents spend 11 percent of $35 for incomes between $40,000 and $49,999.72 This their income on excise taxes.70 This phenomenon tax credit was the most commonly claimed in 2015, occurs because poorer people must spend a higher appearing in 323,283 returns, or 45 percent of all proportion of their money on goods, thus paying those filed.73
16 HAWAIʻI STATE BUDGET PRIMER Individual Income Tax Hawai’i adopted an income tax in 1901 before it even became a state.74 In FY2017, Hawai’i’s individual income tax produced $2.2 billion, or 30 percent of all tax revenue.75 According to the Department of Taxation, “Hawai‘i’s individual income tax generally follows the federal definitions for determining net taxable income but has its own exemptions, tax credits, and tax rates.” Individual tax rates are arranged in 12 brackets. The lowest tax rate is 1.40 percent and, effective January 1, 2018, the percentages paid by the top three brackets were increased to nine percent, 10 percent, and 11 percent, respectively. Hawai‘i’s individual income taxes are distinguished by having the largest number of brackets of any state, and the 11 percent paid at the top of the scale is the second highest in the nation.76 77 78 The 2017 law that added the Transient Accommodations Tax • Fuel and environmental three top tax brackets did so to The transient accommodations response taxes produced offset a new non-refundable earned tax (TAT) is imposed on income $195 million. income tax credit to start benefiting gathered from renting a hotel • Motor vehicle registration lower income wage earners in 2018.79 room, rental house, or similar living and taxes amounted to $187 While Hawai‘i’s GET tax is accommodation to visitors.80 In 2017, million. considered regressive, i.e., collects Hawai’i brought in $508 million from • Cigarette and tobacco taxes a larger share of the income of this source, or seven percent of all totaled $124 million. low- to moderate-income residents, Hawai‘i’s tax revenue.81 In 2017’s Hawai‘i’s income tax is progressive, special legislative session, the TAT • Public service/utility with higher income households was raised by one percent to 10.25 company fees, in lieu of paying a greater share of income percent to fund Honolulu’s rail taxes, contributed $122 in taxes. Income taxes are imposed project.82 The distribution of TAT million. on virtually all earners, but some funds is shown in Figure 4.5. • Liquor taxes yielded $51 low-income residents can erase their million. tax debt with credits for food/excise Other Taxes and Fees83 • Conveyance taxes on tax, low-income renters, child and In FY2017: transferred properties dependent care, and earned income. produced $95 million. All, except the earned income, tax • Hawai‘i’s corporate tax credit are refundable. collected $77 million.
JULY 2018 17 REVENUE: HAWAIʻI’S TAXES AND FEES Tax Credits Hawai‘i allows tax credits “to promote social welfare,” “to encourage certain industries or economic activities,” and “to avoid double taxation or pyramiding of taxes.”84 In tax year 2015, $304 million was distributed in tax credits,85 as shown in Figure 4.6. Tax Policy: Progressive, Proportional, or In Hawaiʻi, the individual income tax is progressive. Regressive? Under a progressive tax, upper-income families pay a larger share of their incomes in tax than those with In evaluating Hawai‘i’s tax system, it is lower incomes. (After 2018, Hawai‘i’s tax is expected important to consider what makes a good to be more progressive due to increased upper bracket tax system. “Important Tax Policy Principles,” taxes coupled with an earned income tax credit for outlined by the Institute on Taxation and lower income residents.) Economic Policy (ITEP),86 include: • Equity: Does the tax system treat people at different income levels, and people at the same income level, fairly? • Adequacy: Does the tax system raise enough money, in the short and long run, to finance public services? • Simplicity: Does the tax system allow confusing tax loopholes? Is it easy to understand how your state’s In Hawaiʻi, property tax is approximately proportional. taxes work? Under a proportional tax, everyone pays the same percentage of their income in taxes regardless of how • Exportability: Individuals and much or little they earn. companies based in other states benefit from your state’s public services. Do they pay their fair share? • Neutrality: Does the tax system interfere with the investment and spending decisions of businesses and workers? Tax equity is related to how “progressive,” “proportional,” or “regressive” a tax is in its effects on payers.87 Hawai‘i’s taxes have been categorized by ITEP (Figs 4.7, 4.8, and 4.9). All figures are for Hawai‘i in 2015.88 In Hawaiʻi, the general excise tax is regressive. Under a regressive tax, poor and middle income families pay larger shares of their incomes than do the wealthy.
18 HAWAIʻI STATE BUDGET PRIMER Hawaiʻi’s Tax Review Commission The constitution requires the establishment of a Tax Review Commission, whose purpose is to evaluate the state’s tax structure and recommend revenue and tax policy. Commission appointments were to be “on or before July 1, 1980, and every five years thereafter.” The most recent commission (2015-17), whose seven members were appointed by the governor with the consent of the Senate, submitted its report on February 18, 2018. The 2015-17 Tax Review Commission’s report summarized its main findings as follows: • Additional payments needed to fund pension and other post-retirement benefits will average over $400 million annually from 2018 to 2022 and these additional payments will require more revenue than can reasonably be expected to come from Hawai‘i’s current tax structure. • The average share of income that Hawai‘i residents pay in state taxes rises from about six percent to eight percent as household income rises from $25,000 to $50,000, but the share is relatively flat above $50,000. • The state should not eliminate statutory tax rates, but corporations should be allowed to expense rather than depreciate new investments to encourage investments within the state. • The personal exemption and standard deduction in the state’s income tax system have been eroded by inflation and are out of date. • Although tax credits eliminate tax liability for most households with income below the poverty threshold, there remain some instances where such households are required to pay state income tax. Based on the above findings and its deliberations, the Tax Review Commission summarized its recommendations under three categories: net income tax recommendations, revenue adequacy recommendations and recommendations for further in-depth studies. The net income tax recommendations included: • Increasing the personal exemption and standard deduction to the 2017 federal income tax levels and indexing them for inflation thereafter, and then altering tax rates and tax brackets to make these changes revenue neutral. • Taxing retirement income more evenly by making income from employer- provided pensions subject to state income tax after a five year lag to help The full report and people plan for the change. recommendations of the Tax • All corporations to expense rather than depreciate new investments. Review Commission can be found at http://files.Hawaii. The revenue adequacy recommendations included: gov/tax/stats/trc/docs2017/ • Expanding efforts to collect taxes on e-commerce and remote sales. trc_rpt_2017.pdf. The next Tax Review • Taxing e-cigarettes at a rate comparable to the tax on regular tobacco Commission is to be cigarette sales. appointed by July 1, 2020. • Establishing a commission to examine how to handle the unfunded and It will complete its work underfunded liabilities for pensions and health care for retired public workers, and report its findings and recommendations within a including measures to raise revenues and to reduce expenditures. few years after its members The Tax Review Commission also recommended that in-depth studies be done on are appointed. whether Hawai’i should institute a carbon tax and whether the withholding rate on sales More information is available of real property should be restored to its original rate of nine percent from its current at http://tax.Hawaii.gov/ rate of five percent. stats/a9_2trc/.
JULY 2018 19 HOW HAWAIʻI SPENDS ITS MONEY How Hawaiʻi Spends Its Money The Executive Budget To see the budget in action, look to the executive branch. This budget supports an array of essential health and social services, business development, environmental protection, and education from kindergarten to university. It is made up of the base budgets for each department, capital improvements, and one-time appropriations. It authorizes funds for salaries, pensions and other benefits, facilities, contracts, and debt service. A snapshot view of each department that describes primary functions, budget, and staff is included in the appendix. Detailed information about the on-going base budget for the executive branch is in the budget bill (HB1900 in 2018). The resources and staff rolled up in the budget by creating special funds that are • $481 million approved bill can also be found in the HB1900 restricted to supporting related in separate one-time budget worksheets available at the expenditures. Figure 5.1 compares appropriations bills. “Legislative Information” page on Hawai‘i’s spending to the U.S. • $2.4 billion for the capital the Legislature’s website. average.89 improvement project (CIP) The allocation of revenues expresses The executive budget is the state’s budget.91 the priorities of state policy-makers largest budget, accounting for 99 The array of funds that supports and underscores the ways Hawai‘i’s percent of state spending.90 the total executive budget varies program financing differs from The total FY2019 executive branch somewhat from those that support other states. For example, Hawai‘i’s budget amounts to $17.3 billion. the operating base budget (Fig 5.3 general fund covers functions This sum is made up of: and Fig 5.4). The most significant that are typically supported • $14.4 billion for the difference is the addition of capital by local governments in other operating budget, the base improvement projects funds to the states, including education, public budget reflected in budget total budget. Because CIP funds health and welfare, hospitals, and worksheets and the budget pay for capital projects, they are not penitentiary systems. Hawai’i’s bill. part of the base budget. Legislature also indicates priorities
20 HAWAIʻI STATE BUDGET PRIMER Executive Operating Budget (on- going departmental resources) • General funds: $7.5 billion • Special funds: $2.9 billion • Federal funds: $3.0 billion • Other funds, including trust funds, interdepartmental transfers, and revolving funds: $989 million The ongoing operating budget for the executive departments is of special note. This budget is the base upon which the Legislature adds or subtracts funds to form future-year budgets. This base accounts for 83 percent of the FY2019 executive expenditures, with the remaining 17 percent being for capital improvements or other one-time appropriations.92 Figure 5.5 shows the distribution of the base operating budget among programs, but it is notable that these departmental operating expenses do not include employee benefits (such as health insurance, social security, retirement, and other post-retirement benefits) or debt service. These excluded expenses, which total more than $2.7 billion, are instead included in the budget of the Department of Budget and Finance. In addition, capital and facility costs for all departments, except for public education and the University of Hawai‘i system, are shown in the Department of Notes: Accounting and General Service Other departments with operating budgets of under budget. This method of allocation $300 million are Accounting and General Services, masks state operating expenses Agriculture, Attorney General, Commerce and by department by under-reporting Consumer Affairs, Defense, Governor’s and Lieutenant costs for all except Budget and Governor’s Offices, Hawaiian Homelands, Human Resource Development, Land and Natural Resources, Finance, whose budget is inflated. and Taxation.
JULY 2018 21 HOW HAWAIʻI SPENDS ITS MONEY Executive Branch Staff Staff are a major part of each state department’s budget. The executive branch is authorized to employ 46,174 permanent employees plus 3,955 temporary full-time equivalents (FTEs) for a total of 50,129 positions. Hawai‘i’s statewide Department of Education has, by far, the largest number of staff, with 20,697 permanent and 2,168 temporary staff (Fig 5.6). The Department of Human Resources Development, which supports the state’s personnel needs, has the fewest at 98 FTEs.93 Executive Operating Budget: Then and Now In the ten years between fiscal years 2009 and 2018, the overall executive operating budget increased by 31 percent from $10.8 billion to $14.1 billion. Much of the increase is attributable to inflation and population growth, as well as changes in the economy (2009 was a recession year) and changes dollar amounts: Hawaiian Home of Budget and Finance, where they in tax policy. Between 2009 and Lands by 109 percent ($27 million), are now. When the fringe and debt 2017, inflation-adjusted per capita Commerce and Consumer Affairs by service payments for Education and expenditures increased by nine 76 percent ($36 million), and Labor the University are subtracted from percent. The changes in spending by 58 percent ($173 million). the Department of Budget and by department illustrate shifts It appears that the operating budget Finance and added back to those among competing priorities. In the for the Department of Budget and departments in 2018, it shows that 2009 to 2018 span, the department Finance grew by nearly $974 million Education grew by $189 million (7.5 experiencing the greatest growth (58 percent) during this period, percent) and UH by $263 million (23 was Human Services with a gain of but this increase is due largely percent), while Budget and Finance $1.6 billion (up 84 percent). Health’s to changes in budget allocation increased by a more modest $102 budget increased by 24 percent, processes. In 2009, fringe and debt million (six percent). The governor’s with the addition of $356 million service payments for Education and lieutenant governor’s budgets dollars and transportation added and the University of Hawai‘i are the only ones smaller in 2018 $328 million, for a 48 percent gain. system were reflected in those two than in 2009, with a decline in their The operating budgets of several departments’ budgets, rather than combined budgets of more than $1 smaller departments grew by large being included in the Department million.94 percentages, but less dramatic
22 HAWAIʻI STATE BUDGET PRIMER Payment Obligations Before any other spending decisions, the Legislature has to address the state’s non-negotiable obligations. These costs are: • Debt service • Health benefits for employees and retirees • Mandated payments for accumulated retiree health costs • Contributions to the pension fund and social security • State share of Medicaid match95 Except for Medicaid expenses, which are included in the budget for the Department of Human Services, the costs named above are allocated to and expended by the Department of Budget and Finance. 96 Although described as “fixed” costs by the Department of Budget and Finance, the required sums depend on factors related to each kind of expense. For instance, the amount of state Medicaid match varies by the number and category of aid of enrollees. As shown in Figure 5.8 and Figure 5.9, these items are part of the executive base budget and consume more than $3.6 billion, or 47 percent of all general funds. Trends projected for these obligated costs are shown in Figure 5.10 and Figure 5.11. These include an increasing percentage of general funds, from 43 percent in FY2010 to 47 percent in FY2019, expended for obligated costs. 97
JULY 2018 23 HOW HAWAIʻI SPENDS ITS MONEY Health and Retirement Benefits Among Hawai‘i’s obligated costs noted above are pension and retiree health benefits for state and county public worker retirees. The Employee Retirement System (ERS) manages pension payouts and investments while the Employer- Union Health Benefits Trust Fund (EUTF) manages active and retiree health and other benefits. The latter are often called “other post- employment benefits,” or OPEB. Hawai‘i’s pension and OPEB obligations are frequently referred to as “unfunded liabilities,” which means that state obligations for pensions and OPEB exceed the amount of money in their respective trust accounts. According to the ERS actuarial valuation for the year ending June 30, 2017, “the funding period for paying off the UAAL” (unfunded actuarial accrued liability) is 26 years. The report states that the unfunded actuarial accrued liability totals $12.9 billion and the funded ratio, that is, the value of assets compared to accrued liability, is 54.9 percent.98 A similar report for EUTF for July 1, 2017 revealed an unfunded actuarial accrued liability for OPEB of $12.15 billion and a funded position of 12.8 percent.99 Hawai‘i’s retiree systems short- falls can be attributed to several factors, one of which is increasing retiree longevity. According to the ERS report cited above, general retirees at age 65 can expect to live another 23.2 years if male and 26.4 if female.100 Another reason for the shortfall is that legislators in the past failed to fund retirement and OPEB accounts adequately.101
24 HAWAIʻI STATE BUDGET PRIMER Steps have been taken to ameliorate unfunded liabilities: HB546 (Act 268) was passed in 2013 requiring accelerated state appropriations to amortize the OPEB debt, and in 2017 SB936 (Act 17) increased the pension pay-in to catch up on liabilities. This prudent, but painful, strategy to reduce the unfunded liabilities decreases future funding requirements, provides an income- generating base, and earns the state a better bond rating and lower interest rates on borrowing.102 Figure 5.12 and Figure 5.13 use data from the Department of Budget and Finance’s “Budget in Brief” (FY2019) to show past and expected appropriations from the general fund for pension and OPEB obligations.103 Capital Improvement Projects The executive branch CIP budget, totaling $2.4 billion for FY2019, allocates funds to one-time departmental infrastructure and improvement projects. Departments have very different capital project needs (Fig 5.14). Two-thirds of all capital funds are allocated to the Department of Transportation for airports, roads, harbors, and similar purposes, while a number of other departments have no capital projects. The CIP budget, which is much smaller than the operating budget (Fig 5.15), is largely financed by bonds.104
JULY 2018 25 HOW HAWAIʻI SPENDS ITS MONEY Grants-in-Aid and legislative branches, the Other Budgets The Legislature appropriates grants- Legislature passes multiple Budget information is available on in-aid (GIA) to non-governmental targeted appropriations bills that the Legislature’s website that details entities. Applications and provide funding for projects and the budgets for the other branches instructions are available on the government responsibilities. The of government, namely, the judiciary, Legislature’s website’s “Legislative sums appropriated this way can be the Office of Hawaiian Affairs, and Information” page. Eligibility for substantial, as these are the bills the Legislature. The bills passed that and management of grants are that, among other things, fund appropriate funds to the judiciary governed by Chapter 42F of the collective bargaining obligations and OHA are reflected in analogous Hawai‘i Revised Statutes. There is and pay claims against the state. budget worksheets, which can be no requirement that applicants be Appropriations cannot be made to found on the state Legislature’s nonprofit organizations but nearly non-governmental entities; instead, website (www.capitol.hawaii.gov) all are. According to Chapter 42F, with rare exceptions, the bills are under “Legislative Information.” For the only restriction is that a grantee allocated to executive departments FY2019, a supplemental budget year, must be incorporated in the state of for expenditure (for FY2019, the judiciary budget is SB2150, but Hawai‘i.105 one appropriation bill funded a there is no supplemental budget project in the legislative branch for OHA. Its budget for FB17-19 The grantee may receive funds for and another went to the City and was passed in 2017 as HB335. The operating or capital needs or both. County of Honolulu, but to support Legislature’s appropriation bill is Operating grants are appropriated a Department of Education need). typically the first one approved from general funds, while capital Appropriations bills (see appendix) and signed by the governor every grants are typically funded by passed for FY2019 totaled $481 session. For FY2019, this is HB2600 general obligation bonds. The total million and included $230 million (Act 1). The Legislature’s budget appropriated to GIAs varies every for affordable housing, more than supports legislative operations, year, based on funds available after $30 million for services for homeless the state auditor, the Legislative other spending agreements have people, $125 million for flood relief, Reference Bureau and Public been reached. Grants appropriated and $8 million for claims against Access Room, the ombudsman, for FY2019 amounted to nearly $30 the state. Appropriations bills are and the state Ethics Commission. million, with 65 percent going to funded largely by general and Unlike the budgets for all other capital and the balance to operating special funds.108 branches of government, the grants.106 Both the legislative GIA worksheet summary and the Legislature’s budget bill is not budget bill note the department Bond Issues accompanied by worksheets that and program to which each grant detail appropriations and authorized The legislative budget process is assigned. Notwithstanding the staffing. also involves the authority to issue Legislature’s award of grants, the bonds. For FY2019, $70 million governor has full discretion to was authorized for special purpose withhold, reduce, or delay release of revenue bonds and $2 billion for funds.107 general obligation bonds, both to be managed by the Department of Other Appropriations Bills Budget and Finance. The University of Hawai‘i will manage the $100 In addition to the budget million that was appropriated for appropriations bills approved university revenue bonds.109 by the Legislature to fund OHA and the executive, judiciary
26 HAWAIʻI STATE BUDGET PRIMER County Budgets The state of Hawai‘i is not the only • Civil defense, fire, governmental entity collecting and ambulance services, and at a Glance spending money for the public ocean safety good. Each of the four counties has • Police, prosecuting taxing authority and responsibilities attorneys, and county jails that complement state budgets and services. During FY2018, Hawai‘i’s • Sanitation services, such counties – the City and County as water, sewer, and waste of Honolulu, Kaua‘i County, Maui management County, and Hawai‘i County – • Building and maintaining expected to raise and spend more mass transit systems, county than $6 billion, with the bulk (62 and city roads, and streets percent) going to operations and • Driver licensing and vehicle the balance to capital improvements registration (37 percent). There is a fifth county, Kalawao, that is comprised of • City and county parks and Moloka‘i’s Kalaupapa Peninsula, but recreational facilities it is not included in this account. Its • Human services, including few remaining permanent residents Aging and Disability live in a Hansen’s disease facility, Resource Centers and it is administered by the state • Grants to nonprofit Department of Health. organizations State and county revenue sources Each county’s mayor proposes a overlap very little. Counties collect budget to the county council, which property taxes, which, according approves the budget for execution to the state constitution, may not by the county administration. Using be assessed by the state. Other the parlance of county councils, county revenues include: service actions are called “ordinances,” and use fees for water, sewer and not “bills.” Each county has the waste disposal, licenses, and same fiscal year as the state, that is, permits, including building permits. one that starts on July 1 and ends Another sizeable category of on June 30. Each budget covers revenue, amounting to more than a one-year period and is typically $340 million for all counties, was proposed in May and approved in inter-governmental funding, most June for the upcoming year. of which is a share of the Transient Accommodations Taxes (TAT) that Budget information is not presented the state collects and shares with uniformly across all counties. HBPC counties. analyzed and categorized data to make it as comparable as possible. Counties in Hawai‘i do not pay for Links to county budget information public education, but they carry are included at the end of this out many other essential services, section. including:
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