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 (a)  [2009 amendment repealed on June 30, 2015.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

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

(2)  Appropriations made by the legislature to thefund.

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

(c)  Expenditures from the emergency and budgetreserve fund shall be a temporary supplemental source of funding for the Stateduring times of emergency, economic downturn, or unforeseen reduction inrevenues.  No expenditures shall be made from the emergency and budget reservefund except pursuant to appropriations.  The general appropriations bill or thesupplemental appropriations bill, as defined in section 9 of article VII of theConstitution of the State of Hawaii, shall not be used to appropriate moneysfrom the emergency and budget reserve fund.  The governor, through anappropriations bill, may recommend expenditures from the emergency and budgetreserve fund by setting forth the purposes of the expenditures consistent withsubsection (d), the amounts, and the reasons justifying the necessity for theappropriations.

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

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

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

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

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

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

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

(1)  To meet expenses of the legislature;

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

(3)  To fund cost items in any collective bargainingcontract. [L 1999, c 304, pt of §2; am L 2002, c 16, §24 and c 178, §3; am L2009, c 119, §3]