Section 5.  Provision for the control of the rate of expenditures of appropriated state moneys, and for the reduction of such expenditures under prescribed conditions, shall be made by law.

     No public money shall be expended except pursuant to appropriations made by law.  General fund expenditures for any fiscal year shall not exceed the State's current general fund revenues and unencumbered cash balances, except when the governor publicly declares the public health, safety or welfare is threatened as provided by law. [Ren Const Con 1968 and election Nov 5, 1968; ren and am Const Con 1978 and election Nov 7, 1978]


Cross References


  Statutory provisions, generally, see chapter 37.


Attorney General Opinions


  Although express words "balanced budget" are not included in state constitution or statutes relating to state budget, constitutional and statutory provisions do require a balanced budget by requiring a description of proposed expenditures and sources of revenue to pay for them.  Att. Gen. Op. 97-1.

  Receipts derived from ceded lands apportioned for native Hawaiians pursuant to article XII, §6 of the state constitution and §10-13.5 may be transmitted directly to office of Hawaiian affairs by agencies that collect them, without legislative appropriation.  Att. Gen. Op. 03-4.



Case Notes


  Determination of whether damages received by State from illegal sand mining operation was funds derived from a public land trust was a nonjudicial discretion; whether income from sales, leases, or other dispositions of lands surrounding harbors on all major islands, of land on Sand Island, of land on Airport, fell within section was a nonjudicial discretion.  69 H. 154, 737 P.2d 446.



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