Bill Text: HI SB2469 | 2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Emergency and Budget Reserve Fund; Appropriation

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2010-07-07 - (S) Became law without the Governor's signature, Act 191, 7/6/2010, (Gov. Msg. No. 683). [SB2469 Detail]

Download: Hawaii-2010-SB2469-Amended.html

THE SENATE

S.B. NO.

2469

TWENTY-FIFTH LEGISLATURE, 2010

S.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE EMERGENCY AND BUDGET RESERVE FUND.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  (a)  In 1999, the legislature established the emergency and budget reserve fund as a temporary supplemental source of funding for the State of Hawaii in times of emergency, economic downturn, or unforeseen reduction in revenues.  As set forth in section 328L-3, Hawaii Revised Statutes, specific purposes for the fund include the maintaining of levels of programs determined to be essential to public health, safety, welfare, and education.

     (b)  The legislature finds that the national and global economic crisis has caused significant economic problems in numerous industries in the State, including the airline, cruise ship, tourist, and construction industries.  Mass layoffs have been reported by an increasing number of Hawaii businesses statewide, from the agricultural sector to the medical services sector.  Hawaii's automobile dealers have cut fifteen per cent of their workforce and that percentage could double in the future.  Financial uncertainty has caused decreased visitor arrivals and low hotel occupancy rates leading to layoffs and reductions in employee hours.  Furthermore, recent forecasts show that the situation will worsen with a continued decline in jobs, personal income, and visitor arrivals, and with rising inflation.

     Difficult economic times and declining tax revenues have resulted in budget cuts for all state services.  State departments have been asked to lower their budget proposals by up to twenty per cent.  The department of education faces a possible $100,000,000 shortfall for the next academic year and funding has discontinued for science textbooks and materials, programs for literacy training for learning-disabled children, as well as for speech pathologists, occupational, and physical therapists, and more than two hundred other positions.

     The department of health has projected a $25,000,000 shortfall for mental health services in the current fiscal year.  Funding has been eliminated for the healthy start program, totaling approximately $22,000,000 for the biennium.  Additionally, the governor has discontinued funding for the Hawaii children's health care program, which may leave an estimated one thousand five hundred gap group children without access to affordable health care.

     The current and impending situation jeopardizes the safety net of basic human services, health, and education needs for Hawaii's residents and families.  And while all of Hawaii's residents will be affected by the situation, gap group families and families closest to the poverty line will suffer the most.

     (c)  The legislature finds that expenditures from the emergency and budget reserve fund established by section 328L-3, Hawaii Revised Statutes, are needed to meet the conditions of emergency, economic downturn, and unforeseen reduction in revenues that the State currently faces.  Further, the legislature finds that the appropriations in this Act are consistent with the purposes of the emergency and budget reserve fund.

     (d)  The emergency and budget reserve fund was established in 1999 with tobacco settlement moneys awarded to the State of Hawaii.  The legislature at the time found that smoking led to many health related problems in both adults and children, and the fund was developed to serve as a medium for a public-private partnership to:

     (1)  Reduce tobacco consumption in Hawaii;

     (2)  Control and prevent chronic diseases where tobacco is a risk factor;

     (3)  Promote healthy lifestyles through better nutrition and improved physical activity; and

     (4)  Promote children's health.

     (e)  Within the emergency and budget reserve fund were enumerated purposes for which appropriations could be made as well as specific prohibitions.  Appropriations to maintain levels of programs determined to be essential to the public health, safety and welfare are allowed.

     Appropriations for the following purposes 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.

     (f)  The purpose of this Act is to appropriate moneys from the emergency and budget reserve fund of the State of Hawaii to maintain the levels of programs determined to be essential to education, public health, and public welfare.

     SECTION 2.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for respite services.

     The sum appropriated shall be expended by the department of health for the purposes of this Act.

     SECTION 3.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 to supplement the healthy start program.

     The sum appropriated shall be expended by the department of health for the purposes of this Act.

     SECTION 4.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 to provide funding for grants pursuant to chapter 42F, Hawaii Revised Statutes, to be distributed as follows:

     (1)  Catholic Charities Hawaii             $     

     (2)  Kapahulu Center                       $     

     (3)  Moiliili Community Center             $     

     (4)  Waikiki Community Center              $     

     The sum appropriated shall be expended by the department of health for the purposes of this Act.

     SECTION 5.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for the purposes of maintaining kupuna care services.

     The sum appropriated shall be expended by the department of health for the purposes of this Act.

     SECTION 6.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for the Aging and Disability Resource Center.

     The sum appropriated shall be expended by the department of health for the purposes of this Act.

     SECTION 7.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for the developmental disabilities medicaid waiver program.

     The sum appropriated shall be expended by the department of health for the purposes of this Act.

     SECTION 8.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011, for mental health services.

     The sum appropriated shall be expended by the department of health for the purposes of this Act.

     SECTION 9.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011, for the partnerships in community living program.

     The sum appropriated shall be expended by the department of health for the purposes of this Act.

     SECTION 10.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for direct health care to the uninsured, which may include primary medical, dental, and behavioral health care.

     The sum appropriated shall be expended by the department of health for the purposes of this Act.

     SECTION 11.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii, as a substance abuse prevention and treatment block grant, the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for substance abuse treatment.

     The sum appropriated shall be expended by the department of health for the purposes of this Act.

     SECTION 12.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for the healthy aging partnerships program.

     The sum appropriated shall be expended by the department of health for the purposes of this Act.

     SECTION 13.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for the Waianae Coast Comprehensive Health Center to support its emergency room services.

     The sum appropriated shall be expended by the department of health for the purposes of this Act.

     SECTION 14.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for HIV/AIDS related support and services.

     The sum appropriated shall be expended by the department of health for the purposes of this Act.

     SECTION 15.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for the Blueprint for Change program for Neighborhood Place Walk-in Centers.

     The sum appropriated shall be expended by the department of human services for the purposes of this Act.

     SECTION 16.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii as a grant pursuant to chapter 42F, Hawaii Revised Statutes, the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for the Hawaii immigrant health initiative program.

     The sum appropriated shall be expended by the department of human services for the purposes of this Act.

     SECTION 17.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for the Hawaii children's health care program.

     The sum appropriated shall be expended by the department of human services for the purposes of this Act.

     SECTION 18.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for domestic violence shelters.

     The sum appropriated shall be expended by the department of human services for the purposes of this Act.

     SECTION 19.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           for fiscal year 2010-2011 for the Hale Mahaolu Adult program for personal care services.

     The sum appropriated shall be expended by the department of human services for the purposes of this Act.

     SECTION 20.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for disproportionate share hospital costs.

     The sum appropriated shall be expended by the department of human services for the purposes of this Act.

     SECTION 21.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for medicaid provider reimbursements.

     The sum appropriated shall be expended by the department of human services for the purposes of this Act.

     SECTION 22.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for outstationed eligibility worker services.

     The sum appropriated shall be expended by the department of human services for the purposes of this Act.

     SECTION 23.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for outreach services.

     The sum appropriated shall be expended by the department of human services for the purposes of this Act.

     SECTION 24.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for outreach services to locate uninsured children.

     The sum appropriated shall be expended by the department of human services for the purposes of this Act.

     SECTION 25.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for outreach services to locate uninsured adults.

     The sum appropriated shall be expended by the department of human services for the purposes of this Act.

     SECTION 26.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for housing placement services.

     The sum appropriated shall be expended by the department of human services for the purposes of this Act.

     SECTION 27.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for the shelter plus care program.

     The sum appropriated shall be expended by the department of human services for the purposes of this Act.

     SECTION 28.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for the Oahu safe house program.

     The sum appropriated shall be expended by the department of human services for the purposes of this Act.

     SECTION 29.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for adult dental services.

     The sum appropriated shall be expended by the department of human services for the purposes of this Act.

     SECTION 30.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for medicaid.

     The sum appropriated shall be expended by the department of human services for the purposes of this Act.

     SECTION 31.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for child care.

     The sum appropriated shall be expended by the department of human services for the purposes of this Act.

     SECTION 32.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for general assistance.

     The sum appropriated shall be expended by the department of human services for the purposes of this Act.

     SECTION 33.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for domestic violence services.

     The sum appropriated shall be expended by the judiciary for the purposes of this Act.

     SECTION 34.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for Volunteer Legal Services Hawaii to provide pro bono legal services for indigent persons.

     The sum appropriated shall be expended by the judiciary for the purposes of this Act.

     SECTION 35.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for the Legal Aid Society of Hawaii to provide general civil legal services.

     The sum appropriated shall be expended by the judiciary for the purposes of this Act.

     SECTION 36.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for the Hawaii Family Law Clinic to provide services to obtain temporary restraining orders.

     The sum appropriated shall be expended by the judiciary for the purposes of this Act.

     SECTION 37.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for Catholic Charities Hawaii to provide intra-familial sex assault services.

     The sum appropriated shall be expended by the judiciary for the purposes of this Act.

     SECTION 38.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for the Children's Alliance of Hawaii to provide child sex assault services.

     The sum appropriated shall be expended by the judiciary for the purposes of this Act.

     SECTION 39.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for the Employment Core Services program.

     The sum appropriated shall be expended by the department of labor and industrial relations for the purposes of this Act.

     SECTION 40.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for the Weed and Seed Program in Ewa Beach.

     The sum appropriated shall be expended by the department of labor and industrial relations for the purposes of this Act.

     SECTION 41.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for the Kapiolani Medical Center's operation of the Women and Children Sex Abuse Treatment Center for statewide sex assault services.

     The sum appropriated shall be expended by the department of the attorney general for the purposes of this Act.

     SECTION 42.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $       or so much thereof as may be necessary for fiscal year 2010-2011 for non-school hours programs.

     The sum appropriated shall be expended by the department of education for the purposes of this Act.

     SECTION 43.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $       or so much thereof as may be necessary for fiscal year 2010-2011 to provide additional funding for the kupuna care program.  This funding shall be in addition to the $4,854,350 executive office on aging base budget.

     The sum appropriated shall be expended by the department of health for the purposes of this Act.

     SECTION 44.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $       or so much thereof as may be necessary for fiscal year 2010-2011 for the general assistance program under section 346-71, Hawaii Revised Statutes, to restore the general assistance benefit amount to $450 per month or as close to $450 per month as possible, given the monthly caseload.

     The sum appropriated shall be expended by the department of human services for the purposes of this Act.

     SECTION 45.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $       or so much thereof as may be necessary for fiscal year 2010-2011 to support domestic violence shelters statewide.

     The sum appropriated shall be expended by the department of human services for the purposes of this Act.

     SECTION 46.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii and federal fund appropriations for QUEST health care payments, the sums of $          and $4,200,000, respectively, or so much thereof as may be necessary for fiscal year 2010-2011 for the restoration of adult dental care formerly granted under program ID HMS 245 - quest health care payments; provided that the funds shall not be expended for any other purpose; provided further that any unexpended funds shall lapse to their respective funds; provided further that the department shall prepare a report on:

(1)  The number of adults receiving these benefits;

(2)  The cost per person;

     (3)  Total breakdown of administrative costs and other overhead costs; and

     (4)  Statistics, if available, of how this dental program is reducing the number of emergency dental-related medical procedures;

provided further that the department of human services shall submit the report to the legislature no later than twenty days prior to the convening of the 2011 regular session; provided further that the department of human services shall be assessed a fee of $10,000 each business day beyond the date that the report is due; and provided further that the director of human services shall deposit all assessments to the general fund.

     The sums appropriated shall be expended by the department of human services for the purposes of this Act.

SECTION 47.  There is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $       or so much thereof as may be necessary for fiscal year 2010-2011 for child care subsidies.

     The sum appropriated shall be expended by the department of human services for the purposes of this Act.

     SECTION 48.  This Act shall take effect on July 1, 2050.


 


 

 

Report Title:

Emergency and Budget Reserve Fund; Appropriation

 

Description:

Appropriates moneys from the emergency and budget reserve fund to maintain levels of programs for education, human services, and health.  Effective 7/1/2050.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

 

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