§328L-3  Emergency and budget reserve fund. 
(a)  [2009 amendment repealed on June 30, 2015. L 2009, c 119,§6.]  There
is established in the state treasury the emergency and budget reserve fund
which shall be a special fund administered by the director of finance, into
which shall be deposited:



(1)  Moneys received from the tobacco settlement
moneys under section 328L-2; and



(2)  Appropriations made by the legislature to the
fund.



(b)  All interest earned from moneys in the
emergency and budget reserve fund shall be credited to the general fund.



(c)  Expenditures from the emergency and budget
reserve fund shall be a temporary supplemental source of funding for the State
during times of emergency, economic downturn, or unforeseen reduction in
revenues.  No expenditures shall be made from the emergency and budget reserve
fund except pursuant to appropriations.  The general appropriations bill or the
supplemental appropriations bill, as defined in section 9 of article VII of the
Constitution of the State of Hawaii, shall not be used to appropriate moneys
from the emergency and budget reserve fund.  The governor, through an
appropriations bill, may recommend expenditures from the emergency and budget
reserve fund by setting forth the purposes of the expenditures consistent with
subsection (d), the amounts, and the reasons justifying the necessity for the
appropriations.



(d)  The legislature may make appropriations
from the fund for the following purposes:



(1)  To maintain levels of programs determined to be
essential to public health, safety, welfare, and education;



(2)  To provide for counter cyclical economic and
employment programs in periods of economic downturn;



(3)  To restore facilities destroyed or damaged or
services disrupted by disaster in any county; and



(4)  To meet other emergencies when declared by the
governor or determined to be urgent by the legislature.



Any act making appropriations from the
emergency and budget reserve fund shall include a declaration of findings and
purposes setting forth the purposes, the amounts, and the reasons why the
appropriations are necessary and shall require a two-thirds majority vote of
each house of the legislature.



(e)  Appropriations for the following purposes
from the emergency and budget reserve fund are specifically prohibited:



(1)  To meet expenses of the legislature;



(2)  To provide for salary adjustments for officials
appointed pursuant to article V, section 6 or article VI, section 3 of the
Constitution of the State of Hawaii and for others whose salaries are directly
related to salaries of these officials; and



(3)  To fund cost items in any collective bargaining
contract. [L 1999, c 304, pt of §2; am L 2002, c 16, §24 and c 178, §3; am L
2009, c 119, §3]