REPORT TITLE:


DESCRIPTION:



 
a                                                     BUF-22(00)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1900
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE STATE BUDGET.



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

 1      SECTION 1.  This Act shall be known and may be cited as the
 
 2 Supplemental Appropriations Act of 2000.
 
 3      SECTION 2.  This Act amends Act 91, Session Laws of Hawaii
 
 4 1999, and other appropriations and authorizations effective
 
 5 during fiscal biennium 1999-2001.
 
 6      SECTION 3.  Act 91, Session Laws of Hawaii 1999, is amended
 
 7 by amending section 3 to read as follows:
 
 8      "SECTION 3.  APPROPRIATIONS.  The following sums, or so much
 
 9 thereof as may be sufficient to accomplish the purposes and
 
10 programs designated herein, are hereby appropriated or
 
11 authorized, as the case may be, from the means of financing
 
12 specified to the expending agencies designated for the fiscal
 
13 biennium beginning July 1, 1999, and ending June 30, 2001.  The
 
14 total expenditures and the number of positions in each fiscal
 
15 year of the biennium shall not exceed the sums and the number
 
16 indicated for each year, except as provided elsewhere in this
 
17 Act, or as provided by general law.
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 4.  Part III, Act 91, Session Laws of Hawaii 1999,
 
 2 is amended:
 
 3      (1)  By adding a new section to read as follows:
 
 4      "SECTION 7.1.  Provided that of the general fund
 
 5 appropriation for agricultural resource management (AGR 141), the
 
 6 sum of $107,400 for fiscal year 2000-2001 shall be deposited into
 
 7 the irrigation system revolving fund to be expended for purposes
 
 8 of the fund."
 
 9      (2)  By repealing section 16.
 
10      ["SECTION 16.  There is appropriated out of the natural area
 
11 reserve fund the sum of $375,000 for fiscal year 1999-2000 to be
 
12 placed in the general fund for forests and wildlife resources
 
13 (LNR 402); provided that of the general fund appropriation for
 
14 forests and wildlife resources (LNR 402), the sum of $150,000 for
 
15 fiscal year 1999-2000 shall be expended for miconia eradication
 
16 on the island of Hawaii; provided further that the sum of $50,000
 
17 for fiscal year 1999-2000 shall be expended for miconia
 
18 eradication on Maui; provided further that the sum of $175,000
 
19 shall be expended for west Maui watershed management or the Maui
 
20 invasive species committee, or both; and provided further that
 
21 funds expended for the Maui invasive species committee shall be
 
22 used to match nonstate funds."]
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      (3)  By amending section 20 to read as follows:
 
 2      "SECTION 20.  Provided that of the general fund
 
 3 appropriation for health resources administration (HTH 595), [not
 
 4 less than] the sum of $500,000 for fiscal year 1999-2000 and [not
 
 5 less than] the sum of $500,000 for fiscal year 2000-2001 shall be
 
 6 expended for primary health care services for the medically
 
 7 uninsured."
 
 8      (4)  By amending section 21 to read as follows:
 
 9      "SECTION 21.  Provided that of the special fund
 
10 appropriation for Hawaii health systems corporation (HTH 210),
 
11 [not less than] the sum of $500,000 for fiscal year 1999-2000 and
 
12 [not less than] the sum of $500,000 for fiscal year 2000-2001
 
13 shall be expended for worker's compensation liabilities."
 
14      (5)  By amending section 32 to read as follows:
 
15      "SECTION 32.  Provided that of the general fund
 
16 appropriation for school-based budgeting (EDN 100), [not less
 
17 than] the sum of $4,370,390 for fiscal year 1999-2000 shall be
 
18 expended for the purpose of allocating regular education teachers
 
19 based on the inclusion of special education students in the
 
20 regular education classroom; and provided further that each
 
21 special education student placed in a regular education class for
 
22 either part of the school day or all of the school day shall
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 count as one student in the regular education classroom." 
 
 2      (6)  By adding a new section to read as follows:
 
 3      "SECTION 36.1.  Provided that of the general fund
 
 4 appropriation for school-based budgeting (EDN 100), the sum of
 
 5 $95,365,485 for fiscal year 2000-2001 shall be transferred to the
 
 6 program planning, analysis and budgeting program (BUF 101) of the
 
 7 department of budget and finance to pay for health fund benefits
 
 8 for department of education employees; provided further that the
 
 9 funds shall be transferred no later than July 16, 2000."
 
10      (7)  By adding a new section to read as follows:
 
11      "SECTION 36.2.  Provided that of the general fund
 
12 appropriation for school-based budgeting (EDN 100), the sum of
 
13 $87,067,527 for fiscal year 2000-2001 shall be transferred to the
 
14 financial administration program (BUF 115) of the department of
 
15 budget and finance to pay for debt service on general obligation
 
16 bonds issued for department of education projects; provided
 
17 further that the funds shall be transferred no later than July
 
18 16, 2000."
 
19      (8)  By adding a new section to read as follows:
 
20      "SECTION 36.3.  Provided that of the general fund
 
21 appropriation for school-based budgeting (EDN 100), the sums of
 
22 $26,906,195 and $47,719,871 for fiscal year 2000-2001 shall be
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 transferred to the retirement program (BUF 141) of the department
 
 2 of budget and finance to pay for pension accumulation
 
 3 contributions and social security/medicare contributions,
 
 4 respectively, for department of education employees; provided
 
 5 further that the funds shall be transferred no later than July
 
 6 16, 2000."
 
 7      (9)  By adding a new section to read as follows:
 
 8      "SECTION 38.1.  Provided that of the general fund
 
 9 appropriation for systemwide support (UOH 900), the sum of
 
10 $34,457,550 for fiscal year 2000-2001 shall be transferred to the
 
11 program planning, analysis and budgeting program (BUF 101) of the
 
12 department of budget and finance to pay for health fund benefits
 
13 for university of Hawaii employees; provided further that the
 
14 funds shall be transferred no later than July 16, 2000."
 
15      (10)  By adding a new section to read as follows:
 
16      "SECTION 38.2.  Provided that of the general fund
 
17 appropriation for systemwide support (UOH 900), the sum of
 
18 $48,235,880 for fiscal year 2000-2001 shall be transferred to the
 
19 financial administration program (BUF 115) of the department of
 
20 budget and finance to pay for debt service on general obligation
 
21 bonds issued for university of Hawaii projects; provided further
 
22 that the funds shall be transferred no later than July 16, 2000."
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      (11)  By adding a new section to read as follows:
 
 2      "SECTION 38.3.  Provided that of the general fund
 
 3 appropriation for systemwide support (UOH 900), the sum of
 
 4 $11,387,477 and $18,440,758 for fiscal year 2000-2001 shall be
 
 5 transferred to the retirement program (BUF 141) of the department
 
 6 of budget and finance to pay for pension accumulation
 
 7 contributions and social security/medicare contributions,
 
 8 respectively, for university of Hawaii employees; provided
 
 9 further that the funds shall be transferred no later than July
 
10 16, 2000."
 
11      (12)  By adding a new section to read as follows:
 
12      "SECTION 38.4.  Provided that of the general fund
 
13 appropriation for university of Hawaii, Manoa (UOH 100), the sum
 
14 of $3,000,000 for fiscal year 2000-2001 shall be expended for the
 
15 following programs:
 
16                Program                      FY 2000-2001
 
17 college of engineering                       $1,000,000
 
18 John A. Burns school of medicine             $1,000,000
 
19 college of business administration           $1,000,000"
 
20      (13)  By repealing section 49.
 
21      ["SECTION 49.  Provided that of the general fund
 
22 appropriation for Office of the Governor (GOV 100), the sum of
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 $100,000 for fiscal year 1999-2000 and the sum of $100,000 for
 
 2 fiscal year 2000-2001 shall be expended for the purpose of
 
 3 retaining the services of an independent consultant to assess the
 
 4 delivery of children's mental health services and make
 
 5 recommendations as to how these services may be provided through
 
 6 the least restrictive means available without jeopardizing the
 
 7 quality of services; provided further that the consultant shall
 
 8 develop an objective assessment mechanism to appropriately
 
 9 identify individuals who qualify as members of the Felix Consent
 
10 Decree class and to control the scope of services which are
 
11 included in or prescribed by the individual education plan;
 
12 provided further that the recommendations of the consultant shall
 
13 be implemented by the Felix Consent Decree Operational Manager in
 
14 coordination with the Department of Education and the Department
 
15 of Health; provided further that the Felix Consent Decree
 
16 Operational Manager shall submit reports on the independent
 
17 consultant's assessment and recommendations and on the
 
18 Operational Manager's progress in implementing those
 
19 recommendations; provided further that these reports shall be
 
20 submitted to the legislature no later than twenty days prior to
 
21 the convening of the 2000 and 2001 regular sessions; and provided
 
22 further that any funds not expended for this purpose shall be
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 lapsed to the general fund."]
 
 2      (14)  By adding a new section to read as follows:
 
 3      "SECTION 50.1.  Provided that of the general fund
 
 4 appropriation for office of elections (LTG 102), the sum of
 
 5 $30,000 for fiscal year 2000-2001 may be expended at the
 
 6 discretion of the chief election officer for costs related to
 
 7 election activities."
 
 8      (15)  By amending section 51 to read as follows:
 
 9      "SECTION 51.  [Provided that of the general fund
 
10 appropriation for program planning, analysis and budgeting (BUF
 
11 101), the sum of $214,279,464 for fiscal year 1999-2000 and the
 
12 sum of $234,505,137 for fiscal year 2000-2001 shall be expended
 
13 for health fund premiums for actives and retirees;] Provided that
 
14 the following sums appropriated or authorized for program
 
15 planning, analysis and budgeting (BUF 101) shall be expended for
 
16 health fund premiums for actives and retirees, from the sources
 
17 of funding indicated below:
 
18                                   FY 1999-2000   FY 2000-2001
 
19 General Fund                      $214,279,464   $104,682,102
 
20 Interdepartmental transfers                      $129,823,035
 
21 provided further that funds shall not be expended for any other
 
22 purpose; provided further that any unexpended funds shall lapse
 

 
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Page 9                                                     1900
                                     H.B. NO.           
                                                        
                                                        

 
 1 to the general fund; and provided further that the department of
 
 2 budget and finance shall submit a report of all expenditures to
 
 3 the legislature no later than twenty days prior to the convening
 
 4 of the [2000 and] 2001 regular [sessions] session."
 
 5      (16)  By amending section 55 to read as follows:
 
 6      "SECTION 55.  Provided that of the general fund
 
 7 appropriation for financial administration (BUF 115), the sum of
 
 8 $2,511,579 for fiscal year 1999-2000 [and the sum of $2,511,579
 
 9 for fiscal year 2000-2001] shall be expended to meet the
 
10 requirements of the uniform disposition of unclaimed property
 
11 program pursuant to chapter 523A, Hawaii Revised Statutes;
 
12 provided further that funds shall not be expended for any other
 
13 purpose; provided further that any unexpended funds shall be
 
14 lapsed to the general fund; and provided further that the
 
15 department of budget and finance shall submit a report of the
 
16 number and total amount of deposits of all unclaimed property
 
17 into the general fund and the number and total amount of
 
18 expenditures to the legislature no later than twenty days prior
 
19 to the convening of the 2000 [and 2001] regular [sessions]
 
20 session."
 
21      (17)  By amending section 56 to read as follows:
 
22      "SECTION 56.  [Provided that of the general fund
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 appropriation for financial administration (BUF 115) the sum of
 
 2 $378,949,913 for fiscal year 1999-2000 and the sum of
 
 3 $398,999,648 for fiscal year 2000-2001 shall be expended for
 
 4 interest and principal on general obligation bonds;]  Provided
 
 5 that the following sums appropriated or authorized for financial
 
 6 administration (BUF 115) shall be expended for interest and
 
 7 principal on general obligation bonds, from the sources of
 
 8 funding indicated below:
 
 9                                   FY 1999-2000   FY 2000-2001
 
10 General Fund                      $378,949,913   $252,039,650
 
11 Interdepartmental transfers                      $135,303,407
 
12 provided further that funds shall not be expended for any other
 
13 purpose; provided further that any unexpended funds shall lapse
 
14 to the general fund; and provided further that the department of
 
15 budget and finance shall submit a report of all expenditures to
 
16 the legislature no later than twenty days prior to the convening
 
17 of the [2000 and] 2001 regular [sessions] session."
 
18      (18)  By amending section 60 to read as follows:
 
19      "SECTION 60.  Provided that of the general fund
 
20 appropriation for work force attraction, selection,
 
21 classification and effectiveness (HRD 102), the sum of $4,993,726
 
22 for fiscal year 1999-2000 and the sum of [$4,993,726] $4,873,264
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 for fiscal year 2000-2001 shall be expended for workers'
 
 2 compensation claims; and provided further that the department of
 
 3 human resources development shall submit a detailed report of all
 
 4 expenditures and number of claims for workers' compensation claim
 
 5 payments to the legislature no later than twenty days prior to
 
 6 the convening of the [2000 and] 2001 regular [sessions] session."
 
 7      (19)  By amending section 61 to read as follows:
 
 8      "SECTION 61.  Provided that of the general fund
 
 9 appropriation for work force attraction, selection,
 
10 classification and effectiveness (HRD 102), the sum of $2,631,049
 
11 for fiscal year 1999-2000 and the sum of [$2,631,049] $2,221,620
 
12 for fiscal year 2000-2001 shall be expended for unemployment
 
13 compensation claims of former state employees; provided further
 
14 [than] that any unrequired and unencumbered funds shall be lapsed
 
15 to the general fund; and provided further that the department of
 
16 human resources development shall submit a detailed report of all
 
17 expenditures and number of claims for unemployment compensation
 
18 claim payments to the legislature no later than twenty days prior
 
19 to the convening of the [2000 and] 2001 regular [sessions]
 
20 session."
 
21      (20)  By amending section 62 to read as follows:
 
22      "SECTION 62.  Provided that of the general fund
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 appropriation for retirement (BUF 141), the sum of $106,425,888
 
 2 for fiscal year 1999-2000 and the sum of [$162,111,766]
 
 3 $57,657,465 for fiscal year 2000-2001 shall be expended only for
 
 4 the following purposes:
 
 5 Purpose                           FY 1999-2000   FY 2000-2001
 
 6 Pension accumulation            $  3,663,760     [$57,790,720]
 
 7                                                  $ 19,497,048
 
 8 Social Security/medicare
 
 9      Contributions              $102,792,128    [$104,321,046;]
 
10                                                  $ 38,160,417;
 
11 provided further that any unexpended funds shall lapse to the
 
12 general fund; and provided further that the department of budget
 
13 and finance shall submit a report of all expenditures to the
 
14 legislature no later than twenty days prior to the convening of
 
15 the [2000 and] 2001 regular [sessions] session."
 
16      (21)  By adding a new section to read as follows:
 
17      "SECTION 62.1.  Provided that of the interdepartmental
 
18 transfers authorized for retirement (BUF 141), the sum of
 
19 $104,454,301 for fiscal year 2000-2001 shall be expended only for
 
20 the following purposes:
 
21 Purpose                                          FY 2000-2001
 
22 Pension accumulation                             $ 38,293,672
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 Social Security/Medicare contributions           $ 66,160,629;
 
 2 provided further that any unexpended funds shall lapse to the
 
 3 general fund; and provided further that the department of budget
 
 4 and finance shall submit a report of all expenditures to the
 
 5 legislature no later than twenty days prior to the convening of
 
 6 the 2001 regular session."
 
 7      SECTION 5.  Part IV, Act 91, Session Laws of Hawaii 1999, is
 
 8 amended by amending section 64 to read as follows:
 
 9      "SECTION 64.  CAPITAL IMPROVEMENT PROJECTS AUTHORIZED.  The
 
10 sums of money appropriated or authorized in part II of this Act
 
11 for capital improvements shall be expended for the projects
 
12 listed below.  Accounting of the appropriations by the department
 
13 of accounting and general services shall be based on the projects
 
14 as such projects are listed in this section.  Several related or
 
15 similar projects may be combined into a single project, if such
 
16 combination is advantageous or convenient for implementation;
 
17 provided that the total cost of the projects thus combined shall
 
18 not exceed the total of the sum specified for the projects
 
19 separately.  (The amount after each cost element and the total
 
20 funding for each project listed in this part are in thousands of
 
21 dollars.)
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 6.  Part V, Act 91, Session Laws of Hawaii 1999, is
 
 2 amended:
 
 3      (1)  By adding a new section to read as follows:
 
 4      "SECTION 105.1.  Act 328, Session Laws of Hawaii 1997, item
 
 5 C-206B of section 140A, as amended by Act 116, Session Laws of
 
 6 Hawaii 1998, section 5, is amended to read as follows:
 
 7 "206B X113     KAUMUALII HIGHWAY, DRAINAGE IMPROVEMENTS, VICINITY
 8                OF MP 22, KAUAI
 9 
10      DESIGN [AND CONSTRUCTION] FOR DRAINAGE IMPROVEMENTS AT MP22.
11      IMPROVEMENTS INCLUDE INSTALLATION, UPGRADING AND/OR
12      EXTENSION OF CULVERTS AND HEADWALLS, GUARDRAIL IMPROVEMENTS,
13      REGRADING AND MINOR REALIGNMENT OF ADJACENT PLANTATION
14      ROAD[,] AND APPROACHES[,] AND SHOULDER IMPROVEMENTS. [THIS
15      PROJECT IS DEEMED NECESSARY TO QUALIFY FOR FEDERAL AID
16      FINANCING AND/OR REIMBURSEMENTS.]
17                DESIGN                      25 
18                [CONSTRUCTION               740 
19                  TOTAL FUNDING  TRN   E    175 
20                                       N    590]
21                  TOTAL FUNDING  TRN   E    25"
22 
23      (2)  By adding a new section to read as follows:
 
24      "SECTION 105.2.  Any law to the contrary notwithstanding,
 
25 the appropriations under Act 328, Session Laws of Hawaii 1997,
 
26 section 140A, as amended by Act 116, Session Laws of Hawaii 1998,
 
27 section 5, in the amounts indicated or balance thereof,
 
28 unallotted, allotted, encumbered, and unrequired, are hereby
 
29 lapsed:
 
30          Item No.            Amount              (MOF)
31            A-4             1,500,000               C
32            A-4B              500,000               C

 
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 1            A-4C              987,000               C
 2            A-9C               40,000               C
 3            A-9D               40,000               C
 4            A-24            1,300,000               C
 5            A-26            5,000,000               C
 6            A-26H             200,000               C
 7            D-10              425,000               N
 8            D-11               45,000               N
 9            E-4             4,816,815               C
10            E-8               500,000               C
11            E-9             3,110,000               C
12            E-13              120,000               C
13            E-18            1,800,000               C
14            E-20            1,500,000               C
15            F-2             2,000,000               C
16            F-2A              500,000               C
17            G-19            4,000,000               B
18            G-59A             700,000               C
19            G-60               95,000               C
20            G-60A             766,000               C
21            G-60B           1,200,000               C
22            G-61              500,000               C
23            G-62               45,000               C
24            G-64              460,000               C
25            G-64A             200,000               C
26            G-64B             144,000               C
27            G-64C             250,000               C
28            G-64D           1,990,000               C
29            G-64E              34,000               C
30            G-64F              76,000               C
31            G-64G             664,000               C
32            G-66              200,000               C
33            G-66A              15,000               C
34            G-67A             250,000               C
35            G-67B              10,000               C
36            G-67D             430,000               C
37            G-67E           1,000,000               C
38            G-68              200,000               C
39            G-69              125,000               C
40            G-70               19,000               C
41            G-70A             750,000               C
42            G-70B           3,411,000               C
43            G-71A              30,000               C
44            G-74A             170,000               C
45            G-77A             185,000               C

 
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 1            G-77B             200,000               C
 2            G-77C              30,000               C
 3            G-77D             400,000               C
 4            G-79A             600,000               C
 5            G-79B              24,000               C
 6            G-79C             105,000               C
 7            G-79D              66,000               C
 8            G-81              105,000               C
 9            G-83A             325,000               C
10            G-84               50,000               C
11            G-84A             450,000               C
12            G-85A             250,000               C
13            G-85B              20,000               C
14            G-86A              45,000               C
15            G-87              350,000               C
16            G-87A             232,000               C
17            G-87B             150,000               C
18            G-88C             120,000               C
19            G-90B              13,000               C
20            G-90C              29,000               C
21            G-97            3,300,000               C
22            G-99A              10,000               C
23            G-110B            698,000               C
24            G-114C            429,000               C
25            H-27B             200,000               C
26            H-27C             250,000               C
27            I-5               552,525               C
28            I-15A              75,000               C
29            I-15A             225,000               N
30            K-10            2,512,947               C
31            K-11           71,409,000               C
32            K-14            1,085,000               C
33            K-17              525,000               C
34            K-35              230,000               C
35            K-36           22,800,000               C
36            K-37              250,000               C
37            K-40              350,000               C
38            K-41            1,500,000               C
39            K-42            1,333,000               C
40            K-43              600,000               C
41            K-44              150,000               C
42            K-45               85,000               C
43            K-46              665,000               C
44            K-47              250,000               C
45            K-48              150,000               C

 
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 1            K-49              100,000               C
 2            K-49A             100,000               C
 3            K-49B           1,250,000               C
 4            K-49C             480,000               C
 5            K-49D             245,000               C
 6            K-61              160,000               C
 7            K-61A             600,000               C"
 8 
 9      (3)  By adding a new section to read as follows:
 
10      "SECTION 105.3.  Any law to the contrary notwithstanding,
 
11 the appropriations that are denoted as necessary to qualify for
 
12 federal aid financing and/or reimbursement under Act 218, Session
 
13 Laws of Hawaii 1995, section 99, as amended and renumbered by Act
 
14 287, Session Laws of Hawaii 1996, section 5, in the amounts
 
15 indicated or balance thereof, unallotted, allotted, encumbered,
 
16 and unrequired, are hereby lapsed:
 
17          Item No.            Amount              (MOF)
18            F-3               300,000               C
19            G-79              368,342               C
20            I-11               64,002               C"
21 
22      (4)  By adding a new section to read as follows:
 
23      "SECTION 105.4.  Any law to the contrary notwithstanding,
 
24 the appropriations under Act 218, Session Laws of Hawaii 1995,
 
25 section 99, as amended by Act 287, Session Laws of Hawaii 1996,
 
26 section 5, in the amounts indicated or balance thereof,
 
27 unallotted, allotted, encumbered, and unrequired, are hereby
 
28 lapsed:
 
29          Item No.            Amount              (MOF)

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1            A-1               25,000                C
 2            A-2              275,000                C"
 3 
 4      (5)  By adding a new section to read as follows:
 
 5      "SECTION 105.5.  Any law to the contrary notwithstanding,
 
 6 the appropriations that are denoted as necessary to qualify for
 
 7 federal aid financing and/or reimbursement under Act 289, Session
 
 8 Laws of Hawaii 1993, section 127, as amended and renumbered by
 
 9 Act 252, Session Laws of Hawaii 1994, section 5, in the amounts
 
10 indicated or balance thereof, unallotted, allotted, encumbered,
 
11 and unrequired, are hereby lapsed:
 
12          Item No.            Amount              (MOF)
13            A-5B               45,866               C
14            A-6               504,431               C
15            C-14               12,195               B
16            C-14               44,322               E
17            C-14                5,000               N
18            F-2                     1               C
19            H-9                   445               C
20            I-8                54,281               C
21            I-9                    44               C
22            I-10                2,050               C"
23 
24      (6)  By adding a new section to read as follows:
 
25      "SECTION 105.6.  Any law to the contrary notwithstanding,
 
26 the appropriations that are denoted as necessary to qualify for
 
27 federal aid financing and/or reimbursement under Act 296, Session
 
28 Laws of Hawaii 1991, section 165, as amended and renumbered by
 
29 Act 300, Session Laws of Hawaii 1992, section 5, in the amounts
 
30 indicated or balance thereof, unallotted, allotted, encumbered,
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 and unrequired, are hereby lapsed:
 
 2          Item No.            Amount              (MOF)
 3            F-3                13,058               C
 4            H-35               26,816               C"
 5 
 6      (7)  By adding a new section to read as follows:
 
 7      "SECTION 105.7.  Any law to the contrary notwithstanding,
 
 8 the appropriations under Act 296, Session Laws of Hawaii 1991,
 
 9 section 165, as amended and renumbered by Act 300, Session Laws
 
10 of Hawaii 1992, section 5, in the amounts indicated or balance
 
11 thereof, unallotted, allotted, encumbered, and unrequired, are
 
12 hereby lapsed:
 
13          Item No.            Amount              (MOF)
14            A-2               156,100               C
15            K-17A             100,000               C
16            K-20               35,000               C"
17 
18      (8)  By adding a new section to read as follows:
 
19      "SECTION 105.8.  Any law to the contrary notwithstanding,
 
20 the appropriations that are denoted as necessary to qualify for
 
21 federal aid financing and/or reimbursement under Act 316, Session
 
22 Laws of Hawaii 1989, section 222, as amended and renumbered by
 
23 Act 299, Session Laws of Hawaii 1990, section 6, in the amounts
 
24 indicated or balance thereof, unallotted, allotted, encumbered,
 
25 and unrequired, are hereby lapsed:
 
26          Item No.            Amount              (MOF)
27            A-21              298,918               C
28            C-10           11,214,901               E
29            C-10            1,000,000               N

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1            C-30A                 124               C
 2            C-64               54,222               C
 3            D-11                  300               C
 4            D-5               370,000               C
 5            H-16               40,000               C
 6            H-22            3,000,000               C
 7            H-23                7,899               C"
 8 
 9      (9)  By adding a new section to read as follows:
 
10      "SECTION 105.9.  Any law to the contrary notwithstanding,
 
11 the appropriations under Act 316, Session Laws of Hawaii 1989,
 
12 section 222, as amended and renumbered by Act 299, Session Laws
 
13 of Hawaii 1990, section 6, in the amounts indicated or balance
 
14 thereof, unallotted, allotted, encumbered, and unrequired, are
 
15 hereby lapsed:
 
16          Item No.            Amount              (MOF)
17            H-1                 2,321               C
18            K-23B             316,107               C"
19 
20      (10)  By adding a new section to read as follows:
 
21      "SECTION 105.10.  Any law to the contrary notwithstanding,
 
22 the appropriation that is denoted as necessary to qualify for
 
23 federal aid financing and/or reimbursement under Act 216, Session
 
24 Laws of Hawaii 1987, section 280, as amended and renumbered by
 
25 Act 390, Session Laws of Hawaii 1988, section 6, in the amount
 
26 indicated or balance thereof, unallotted, allotted, encumbered,
 
27 and unrequired, is hereby lapsed:
 
28 lapsed:
 
29          Item No.            Amount              (MOF)

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1            C-7               182,707               E"
 2 
 3      (11)  By adding a new section to read as follows:
 
 4      "SECTION 105.11.  Any law to the contrary notwithstanding,
 
 5 the appropriation under Act 347, Session Laws of Hawaii 1986,
 
 6 section 2, in the amount indicated or balance thereof,
 
 7 unallotted, allotted, encumbered, and unrequired, is hereby
 
 8 lapsed:
 
 9          Item No.            Amount              (MOF)
10            A-4               5,000                 C"
11 
12      (12)  By adding a new section to read as follows:
 
13      "SECTION 105.12.  Any law to the contrary notwithstanding,
 
14 the appropriations that are denoted as necessary to qualify for
 
15 federal aid financing and/or reimbursement under Act 300, Session
 
16 Laws of Hawaii 1985, section 136, as amended and renumbered by
 
17 Act 345, Session Laws of Hawaii 1986, section 6, in the amounts
 
18 indicated or balance thereof, unallotted, allotted, encumbered,
 
19 and unrequired, are hereby lapsed:
 
20          Item No.            Amount              (MOF)
21            C-7                   436               E
22            C-9               108,608               E
23            C-13              168,012               B"
24 
25      (13)  By adding a new section to read as follows:
 
26      "SECTION 105.13.  Any law to the contrary notwithstanding,
 
27 the appropriation that is denoted as necessary to qualify for
 

 
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Page 22                                                    1900
                                     H.B. NO.           
                                                        
                                                        

 
 1 federal aid financing and/or reimbursement under Act 301, Session
 
 2 Laws of Hawaii 1983, section 80, as amended and renumbered by Act
 
 3 285, Session Laws of Hawaii 1984, section 7, in the amount
 
 4 indicated or balance thereof, unallotted, allotted, encumbered,
 
 5 and unrequired, is hereby lapsed:
 
 6          Item No.            Amount              (MOF)
 7            C-10              30,581                E"
 8 
 9      SECTION 7.  Part VII, Act 91, Session Laws of Hawaii 1999,
 
10 is amended:
 
11      (1)  By amending section 118 to read as follows:
 
12      "SECTION 118.  Any law or any provision of this Act to the
 
13 contrary notwithstanding, the appropriations made for capital
 
14 improvement projects authorized under this Act shall [not] lapse
 
15 at the end of the fiscal biennium for which the appropriation is
 
16 made; provided that all [general funded, general obligation, and
 
17 reimbursable general obligation bond funded] appropriations made
 
18 to be expended in fiscal biennium 1999-2001 which are
 
19 unencumbered as of June 30, 2002, shall lapse as of that date;
 
20 provided further that this lapsing date shall not apply to:  A)
 
21 appropriations for projects described in section 64 of this Act
 
22 where the means of funding is designated to be the state
 
23 educational facilities improvement special fund, and where such
 
24 appropriations have been authorized for more than three years for
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 the construction or acquisition of public school facilities[.];
 
 2 and B) non-general fund appropriations for projects described in
 
 3 section 64 of this Act where such appropriations have been deemed
 
 4 necessary to qualify for federal aid financing and reimbursement.
 
 5      (2)  By amending section 122 to read as follows:
 
 6      "SECTION 122.  In the event that authorized appropriations
 
 7 specified for capital improvement projects listed in this Act or
 
 8 in any other act currently authorized by the legislature are
 
 9 insufficient, and where the source of funding for the project is
 
10 designated as special funds, general obligation bond fund with
 
11 debt service cost to be paid from special funds, revenue bond
 
12 funds, or revolving funds, the governor may make supplemental
 
13 allotments from the special or revolving fund responsible for
 
14 cash or other debt service payments for the projects or transfer
 
15 unrequired balances from other unlapsed projects in this or prior
 
16 appropriation acts which authorized the use of special funds,
 
17 general obligation bond fund with debt service costs to be paid
 
18 from special funds, revenue bond funds, or revolving funds;
 
19 provided that such supplemental allotments shall not be used to
 
20 increase the scope of the project; provided further that such
 
21 supplemental allotments shall not impair the ability of the fund
 
22 to meet the purposes for which it was established; and provided
 

 
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Page 24                                                    1900
                                     H.B. NO.           
                                                        
                                                        

 
 1 further that the governor shall submit a report to the
 
 2 legislature no later than thirty days prior to the convening of
 
 3 the [2000 and] 2001 regular [sessions] session."
 
 4      (3)  By adding a new section to read as follows:
 
 5      "SECTION 136.1.  Provided that reports required to be
 
 6 submitted by the department of commerce and consumer affairs on
 
 7 the use of the compliance resolution fund, shall include the
 
 8 following information:
 
 9      (1) Identification of the program source and amounts of all
 
10          receipts, revenues, or reimbursements deposited or
 
11          transferred into the compliance resolution fund; and,
 
12      (2) Identification of all expenditures or transfers of funds
 
13          made from the compliance resolution fund, including
 
14          recipient programs, amounts provided, and the reasons
 
15          for each expenditure or transfer.
 
16 Provided further, that these reports shall be submitted to the
 
17 governor and legislature no later than twenty days prior to the
 
18 convening of the 2001 regular session."
 
19      (4)  By adding a new section to read as follows:
 
20      "SECTION 147.1.  Agencies with appropriations authorized in
 
21 part II of this Act for risk management costs, shall transfer
 
22 funds authorized for that purpose to the risk management program
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 (AGS 203) for the administration and implementation of state risk
 
 2 management costs and expenses, except as otherwise provided by
 
 3 law."
 
 4      (5)  By adding a new section to read as follows:
 
 5      "SECTION 147.3.  All rights, powers, functions, and duties
 
 6 of the student transportation program are transferred from the
 
 7 department of accounting and general services to the department
 
 8 of education.  All officers and employees of the student
 
 9 transportation program whose functions are transferred by this
 
10 Act shall be transferred with their functions and shall continue
 
11 to perform their regular duties upon their transfer, subject to
 
12 state personnel laws and this Act.  No officer or employee of the
 
13 student transportation program having tenure shall suffer any
 
14 loss of salary, seniority, prior service credit, vacation, sick
 
15 leave, or other employee benefit or privilege as a consequence of
 
16 this Act."
 
17      (6)  By adding a new section to read as follows:
 
18      "SECTION 147.4.  All rights, powers, functions and duties of
 
19 the school health occupational therapy/physical therapy program
 
20 are transferred from the department of health to the department
 
21 of education.  All officers and employees of the school health
 
22 occupational therapy/physical therapy program whose functions are
 

 
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Page 26                                                    1900
                                     H.B. NO.           
                                                        
                                                        

 
 1 transferred by this Act shall be transferred with their functions
 
 2 and shall continue to perform their regular duties upon their
 
 3 transfer, subject to state personnel laws and this Act.  No
 
 4 officer or employee of the school health occupational
 
 5 therapy/physical therapy program having tenure shall suffer any
 
 6 loss of salary, seniority, prior service credit, vacation, sick
 
 7 leave, or other employee benefit or privilege as a consequence of
 
 8 this Act."
 
 9      SECTION 8.  If any portion of this Act or its application to
 
10 any person, entity or circumstance is held to be invalid for any
 
11 reason, then it is hereby declared that the invalidity shall not
 
12 affect other provisions or applications of this Act which can be
 
13 given effect without the invalid provision or application, and to
 
14 this end the provisions of this Act are severable.  If any
 
15 portion of a specific appropriation is held to be invalid for any
 
16 reason, the remaining portion shall be expended to fulfill the
 
17 objectives of such appropriation to the extent possible.
 
18      SECTION 9.  In the event manifest clerical, typographical or
 
19 other mechanical errors are found in this Act, the governor is
 
20 hereby authorized to correct such errors.
 
21      SECTION 10.  Statutory material to be repealed is bracketed.
 
22 New statutory material is underscored.  In printing this Act, the
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 revisor of statutes need not include the brackets, the bracketed
 
 2 material or the underscoring.  Nothing in this Act shall affect
 
 3 the validity or continuing effectiveness of any provisions of Act
 
 4 91, Session Laws of Hawaii 1999, not repealed or modified by this
 
 5 Act.
 
 6      SECTION 11.  This Act shall take effect upon its approval.
 

 
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