Hawaii Revised Statutes

Haw. Rev. Stat. § 37-36 (2026)

Modification

✓ current as of July 2026

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§37-36 Modification. (a) The director of finance may modify or amend any previous allotment upon notice to the department or establishment concerned; provided that:

(1) For the University of Hawaii, the director of finance may modify or amend any previous allotment only upon application of or notice to the university, and upon public declaration, which shall be made ten days prior to the modification or amendment taking effect;

(2) The modification or amendment shall be made only to avoid an illegal result or in anticipation of a revenue shortfall;

(3) No deficit or undue reduction of funds to meet future needs of the department or establishment will result from the modification or amendment; and

(4) No modification or amendment shall reduce an allotment below the amount required to meet valid obligations or commitments previously incurred against the allotted funds.

(b) Prior to the implementation of any modification in allotment proposed by the director of finance pursuant to subsection (a), in which the sum of the modifications exceed 2.5 per cent of the total general fund appropriation made by the legislature in any fiscal year, the director shall notify the president of the senate, the speaker of the house of representatives, and the chairpersons of the senate committee on ways and means and the house of representatives committee on finance, respectively, of the director's intent. [L Sp 1959 1st, c 12, pt of §3; Supp, §35-24; HRS §37-36; gen ch 1985; am L 1986, c 320, §3; am L 1989, c 370, §2; am L 1992, c 294, §8; am L 1994, c 281, §§4, 7; am L 1995, c 11, §21; am L 1996, c 285, §1]

Notes of Decisions

Cited in 4 cases, 1989–2007 · leading case: Mottl v. Miyahira, 23 P.3d 716 (Haw. 2001).

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Mottl v. Miyahira, 23 P.3d 716 (Haw. 2001). · cites it 26× “The allotments thus made are subject to subsequent reduction pursuant to HRS § 37-37, see supra note 2, or modification pursuant to HRS § 37-36 (Supp.2000). [9] The circuit court heard the parties' cross-motions on June 8, 2000 and, on the following day, filed an order granting…”

Kaho'ohanohano v. State, 162 P.3d 696 (Haw. 2007). · cites it 2× “Thus, the holding in Waihee suggests that the [BOR] would have “standing” to seek declaratory relief on behalf of the University of Ha-wai'i, under similar provisions in HRS §§ 37-36 (Supp.2000) and 37-37 (Supp.”

Bd. of Educ. v. Waihee, 768 P.2d 1279 (Haw. 1989). · cites it 4× “His approval of these estimates, however, is no assurance that the allotted sums will be available for expenditure, for the direc *266 tor is empowered under HRS §§ 37-36 and 37-37 to modify or reduce the allotted sums under given conditions.”

Kahoohanohano v. State, 162 P.3d 696 (Haw. 2007). · cites it 2× “Thus, the holding in Waihee suggests that the [BOR] would have "standing" to seek declaratory relief on behalf of the University of Hawai`i, under similar provisions in HRS §§ 37-36 (Supp.”

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