Report Title:

Emergency Relief for Natural Disasters; EBRF and HHRF

Description:

Allows the governor, upon advice of the State civil defense, to authorize the immediate release of up to ten per cent of the Hawaii hurricane relief fund or the emergency and budget reserve fund, or both, for emergency assistance to residents and businesses for damages sustained from natural disasters.

THE SENATE

S.B. NO.

3228

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO EMERGENCY RELIEF FOR NATURAL DISASTERS.

 

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

SECTION 1. Residents and businesses of the State are often twice victimized when natural disasters strike. First, the damage caused by a natural disaster is often extensive and repair or replacement costs are prohibitive. Second, the emergency relief from governmental agencies to meet the immediate needs of victims is often delayed or unavailable for extended periods. For some victims of natural disasters, the delay in receiving emergency assistance can mean a total loss of their homes or businesses. The legislature finds that there is an urgent need to provide victims with prompt emergency relief during or immediately after a natural disaster. The purpose of this Act is to allow the governor, with advice from the State civil defense authorities, to release up to ten per cent of the Hawaii hurricane relief fund or the emergency and budget reserve fund, or both, for emergency assistance to residents and businesses for damages sustained from a natural disaster during or immediately after the natural disaster.

SECTION 2. Chapter 431P, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§431P-   Release of funds for emergency assistance. (a) Upon the declaration of an emergency by the governor due to a hurricane, the governor, by executive order, may authorize the release of moneys from the fund to provide emergency assistance to policyholders for damages to eligible property in a covered event.

(b) The governor shall determine the amount of moneys to be released, upon recommendation from the respective administrators of civil defense for each county affected by the hurricane; provided that the amount shall not exceed ten per cent of the total funds available in the fund at that time.

(c) The governor shall provide written notice to the president of the state senate and the speaker of the state house of representatives of the authorization to release moneys from the fund within seventy-two hours after issuing the executive order for the authorization. The notice shall include a description of the intended use of the moneys and a confirmation that the moneys will be released to repair or replace eligible property in a covered event.

(d) The governor shall submit a report to the legislature, not later than twenty days prior to the convening of the regular session or any special session immediately following the occurrence of the hurricane, on the authorization to release moneys from the fund; provided that if the hurricane occurs between thirty days prior to the convening of a regular session and the closing of the session, then the governor shall submit the report not later than thirty days after issuing the executive order for the authorization. The report shall include an explanation of the purposes for releasing the moneys consistent with section 431P-10, the amounts, and the reasons justifying the necessity for releasing the moneys and a recommendation for replacing the moneys."

SECTION 3. Section 328L-3, Hawaii Revised Statutes, is amended to read as follows:

"§328L-3 Emergency and budget reserve fund. (a) 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) Twenty-four and one-half per cent of the moneys received from the tobacco settlement moneys under section 328L-2(b)(1);

(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[.] and as provided in subsection (e). 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, except as provided in subsection (e), shall require a two-thirds majority vote of each house of the legislature.

(e) Upon the declaration of an emergency by the governor due to a natural disaster, the governor, by executive order, may authorize the release and expenditure of moneys from the fund to provide emergency assistance to residents or businesses of the State for damages sustained from a natural disaster, during or immediately after the natural disaster. The governor shall determine the amount of moneys to be released, upon recommendation from the respective administrators of civil defense for each county affected by the natural disaster; provided that the amount shall not exceed ten per cent of the total funds available in the fund at that time. The governor shall provide written notice describing the intended use of the moneys to the president of the state senate and the speaker of the state house of representatives of the authorization to release moneys from the fund within seventy-two hours after issuing the executive order for the authorization. The governor shall submit a report to the legislature, not later than twenty days prior to the convening of the regular session or any special session immediately following the occurrence of the natural disaster, on the authorization to release moneys from the fund; provided that if the natural disaster occurs between thirty days prior to the convening of a regular session and the closing of the session, then the governor shall submit the report not later than thirty days after issuing the executive order for the authorization. The report shall include an explanation of the purposes for releasing the moneys consistent with the purposes in section (d), the amounts, and the reasons justifying the necessity for releasing the moneys and a recommendation for replacing the moneys.

(f) 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."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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