25-04, Review of Special Funds, Revolving Funds, Trust Funds, and Trust Accounts of the Department of Attorney General

Posted on Feb 18, 2025 in Most Recent, Summary

Photo: Office of the Auditor

AUDITOR’S SUMMARY

Two revolving funds, one trust fund, and two trust accounts did not meet criteria

OUR REVIEW of five special funds, three revolving funds, four trust funds, and five trust accounts of the Department of the Attorney General (AG) found two revolving funds, one trust fund, and two trust accounts did not meet the criteria for revolving funds, trust funds, and trust accounts, respectively, and should be closed or reclassified.

Section 23-12, Hawai‘i Revised Statutes (HRS), requires the Auditor to review all existing special, revolving, and trust funds every five years. Reviews are scheduled so that each department’s funds are reviewed once every five years. Although not mandated by statute, we included trust accounts as part of our review. This is our seventh review of AG’s revolving funds, trust funds, and trust accounts. It is our third review of the special funds held by AG since Act 130, Session Laws of Hawai’i 2013, amended Section 23-12, HRS, to require review of special funds along with revolving funds and trust funds.

We used criteria developed by the Legislature and by our office based on public finance and accounting literature. For each fund, we present a five-year financial summary, the purpose of the fund, and conclusions about its use. We did not audit the financial data, which is provided for informational purposes. We do not present conclusions about the effectiveness of programs or their management, or whether the programs should be continued.

Reporting shortfall
WE NOTED THAT AG did not file statutorily required reports for non-general funds totaling approximately $4.7 million, administratively created non-general funds totaling approximately $1.8 million, non-general funds with balances totaling approximately $4.7 million under the program measures reporting requirement, and non-general funds with balances totaling approximately $4.7 million under the cost element reporting requirement. Accurate and complete reporting will greatly improve the Legislature’s oversight and control of these funds.

Agency response
AG CONCURRED WITH OUR RECOMMENDATIONS for reclassifications for two revolving funds and one trust fund and will consider our recommendations for two trust accounts after further review. AG stated that it will take appropriate measures to ensure compliance with all statutory reporting requirements.

FUND TYPES

SPECIAL FUNDS
are used to account for revenues earmarked for particular purposes and from which expenditures are made for those purposes.

REVOLVING FUNDS
such as loan funds, are often established with an appropriation of seed money from the general fund, and must demonstrate the capacity to be self-sustaining.

TRUST FUNDS
such as a pension fund, invoke the State’s fiduciary responsibility to care for and use the assets held to benefit those with a vested interest in the assets.

TRUST ACCOUNTS
are typically separate holding or clearing accounts and are often used as accounting devices for crediting or charging state agencies or projects for payroll and other costs.

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