§37-93 Legislature. (a) The legislature shall not make appropriations from the general fund for each fiscal year of the biennium or each supplementary budget fiscal year which will exceed the expenditure ceiling for that fiscal year.
(b) Notwithstanding the prohibition in subsection (a), the legislature may make appropriations from the general fund in excess of those allowed by subsection (a) by:
(1) A two-thirds vote of the members to which each house of the legislature is entitled;
(2) Setting forth the dollar amount and the rate by which the appropriations allowed by the change in the state growth will be exceeded; and
(3) Setting forth the reasons for exceeding the appropriations allowed by the percentage change in the state growth;
in each act which will cause appropriations from the state general fund to exceed those allowed by the change in state growth.
(c) When revisions in the state personal income series made by the United States Department of Commerce, Social and Economic Statistics Administration, Bureau of Economic Analysis, or its successor, result in the recalculation of expenditure ceilings which then are found to be less than appropriation levels, the excess appropriations shall not be deemed invalid and shall remain as authorized in their respective legislative sessions. [L Sp 1986, c 1, pt of §1; am L 1987, c 136, §4]
Attorney General Opinions
Subsection (b) applicable only if aggregate executive, judicial, and legislative appropriations exceed expenditure ceiling. Att. Gen. Op. 85-17.
Discussion of requirements that would have to be met if the Legislature were to make appropriations in excess of the general fund expenditure ceiling. Att. Gen. Op. 89-2.
Structure Hawaii Revised Statutes
Title 5. State Financial Administration
37-32 Quarterly allotment periods.
37-33 Funds to which allotment system applies.
37-34 Appropriations available for allotment; estimate of expenses.
37-34.5 Department of education; allotment and expenditure plan; updates.
37-35 Estimated expenditures; approval.
37-38 Allotment according to classification prescribed in appropriation.
37-39 Reduction of allotted amounts for objects and items.
37-40 Exceptions; trust funds.
37-41 Appropriations to revert to state treasury; exceptions.
37-41.5 Department of education; carryover of funds.
37-42 Allotment as limit of expenditures; liability for excessive expenditure.
37-43 Capital improvement project allotment process.
37-46 Transfers of non-general funds to the general funds.
37-47 Reporting of non-general fund information.
37-48 Non-general fund program measures reports
37-49 Non-general fund cost element reports.
37-51 Abolition of special funds; legislative purpose.
37-52 Provisions applicable to special funds.
37-52.3 Criteria for the establishment and continuance of special funds.
37-52.4 Criteria for the establishment and continuance of revolving funds.
37-53 Transfer of special funds.
37-54 Deposit of state funds in treasury.
37-65 Responsibilities of the governor.
37-66 Responsibilities of the legislature.
37-67 Responsibilities of the department of budget and finance.
37-68 Responsibilities of agencies.
37-69 The six-year program and financial plan.
37-77 Claims for legislative relief.
37-77.5 Claims against the State; remedial measures.
37-78 Schedule of implementation.
37-91 to 94 OLD REPEALED. §37-91 Definitions.
37-92 Proposed general fund appropriations; executive branch; judicial branch.
37-94 Director of finance; duties.
37-113.1 Council on revenues; estimate of total personal income.
37-121 Routine repair and maintenance; definitions.
37-122 Routine repair and maintenance funding needs; report to legislature.