§37-36  Modification.  (a)  The directorof finance may modify or amend any previous allotment upon notice to thedepartment or establishment concerned; provided that:

(1)  For the University of Hawaii, the director offinance may modify or amend any previous allotment only upon application of ornotice to the university, and upon public declaration, which shall be made tendays prior to the modification or amendment taking effect;

(2)  The modification or amendment shall be made onlyto avoid an illegal result or in anticipation of a revenue shortfall;

(3)  No deficit or undue reduction of funds to meetfuture needs of the department or establishment will result from themodification or amendment; and

(4)  No modification or amendment shall reduce anallotment below the amount required to meet valid obligations or commitmentspreviously incurred against the allotted funds.

(b)  Prior to the implementation of anymodification in allotment proposed by the director of finance pursuant tosubsection (a), in which the sum of the modifications exceed 2.5 per cent ofthe total general fund appropriation made by the legislature in any fiscalyear, the director shall notify the president of the senate, the speaker of thehouse of representatives, and the chairpersons of the senate committee on waysand means and the house of representatives committee on finance, respectively,of the director's intent. [L Sp 1959 1st, c 12, pt of §3; Supp, §35-24; HRS§37-36; gen ch 1985; am L 1986, c 320, §3; am L 1989, c 370, §2; am L 1992, c294, §8; am L 1994, c 281, §§4, 7; am L 1995, c 11, §21; am L 1996, c 285, §1]