89
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
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                    PART I.  GENERAL PROVISIONS
 
 2      SECTION 1.  SHORT TITLE.  This Act shall be known and may be
 
 3 cited as the General Appropriations Act of 1999.
 
 4      SECTION 2.  DEFINITIONS.  Unless otherwise clear from the
 
 5 context, as used in this Act:
 
 6      (a)  "Program ID" means the unique identifier for the
 
 7 specific program, and consists of the abbreviation for the
 
 8 organization responsible for carrying out the program, followed
 
 9 by the organization number for the program.
 
10      (b)  "Expending agency" means the executive department,
 
11 independent commission, bureau, office, board, or other
 
12 establishment of the state government (other than the
 
13 legislature, Office of Hawaiian Affairs and judiciary), the
 
14 political subdivisions of the State, or any quasi-public
 
15 institution supported in whole or in part by state funds, which
 
16 is authorized to expend specified appropriations made by this
 
17 Act.  Abbreviations where used to denote the expending agency
 
18 shall mean the following:
 
19      AGR  Department of Agriculture
 

 
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 1      AGS  Department of Accounting and General Services
 
 2      ATG  Department of the Attorney General
 
 3      BED  Department of Business, Economic Development, and
 
 4           Tourism
 
 5      BUF  Department of Budget and Finance
 
 6      CCA  Department of Commerce and Consumer Affairs
 
 7      DEF  Department of Defense
 
 8      EDN  Department of Education
 
 9      GOV  Office of the Governor
 
10      HHL  Department of Hawaiian Home Lands
 
11      HMS  Department of Human Services
 
12      HRD  Department of Human Resources Development
 
13      HTH  Department of Health
 
14      LBR  Department of Labor and Industrial Relations
 
15      LNR  Department of Land and Natural Resources
 
16      LTG  Office of the Lieutenant Governor
 
17      PSD  Department of Public Safety
 
18      SUB  Subsidies
 
19      TAX  Department of Taxation
 
20      TRN  Department of Transportation
 
21      UOH  University of Hawaii
 
22      CCH  City and County of Honolulu
 
23      COH  County of Hawaii
 

 
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 1      COK  County of Kauai
 
 2      COM  County of Maui
 
 3      (c)  "Means of financing," or "MOF" means the source from
 
 4 which funds are appropriated, or authorized, as the case may be,
 
 5 to be expended for the programs and projects specified in this
 
 6 Act.  All appropriations are followed by letter symbols.  Such
 
 7 letter symbols, where used, shall have the following meaning:
 
 8      A    general funds
 
 9      B    special funds
 
10      C    general obligation bond fund
 
11      D    general obligation bond fund with debt service cost to
 
12           be paid from special funds
 
13      E    revenue bond funds
 
14      J    federal aid interstate funds
 
15      K    federal aid primary funds
 
16      L    federal aid secondary funds
 
17      M    federal aid urban funds
 
18      N    other federal funds
 
19      R    private contributions
 
20      S    county funds
 
21      T    trust funds
 
22      U    interdepartmental transfers
 
23      W    revolving funds
 

 
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 1      X    other funds
 
 2      (d)  "Position ceiling" means the maximum number of
 
 3 permanent positions that an expending agency is authorized for a
 
 4 particular program during a specified period or periods, as
 
 5 denoted by an asterisk.
 
 6      (e)  "Capital project number" means the official number of
 
 7 the capital project, as assigned by the responsible organization.
 
 8                 PART II.  PROGRAM APPROPRIATIONS
 
 9      SECTION 3.  APPROPRIATIONS.  The following sums, or so much
 
10 thereof as may be sufficient to accomplish the purposes and
 
11 programs designated herein, are hereby appropriated or
 
12 authorized, as the case may be, from the means of financing
 
13 specified to the expending agencies designated for the fiscal
 
14 biennium beginning July 1, 1999, and ending June 30, 2001.  The
 
15 total expenditures and the number of positions in each fiscal
 
16 year of the biennium shall not exceed the sums and the number
 
17 indicated for each year, except as provided elsewhere in this
 
18 Act, or as provided by general law.
 

 
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 1            PART III.  PROGRAM APPROPRIATION PROVISIONS
 
 2 ECONOMIC DEVELOPMENT
 
 3      SECTION 4.  Provided that of the general fund appropriation
 
 4 for agribusiness development and research (AGR 161), the sum of
 
 5 $190,558 for fiscal year 1999-2000 and the sum of $190,558 for
 
 6 fiscal year 2000-2001 shall be deposited into the Hawaii
 
 7 agricultural development revolving fund to be expended for
 
 8 purposes of the fund.
 
 9 EDUCATION
 
10      SECTION 5.  Provided that of the general fund appropriation
 
11 for school-based budgeting (EDN 100), the sum of $804,503 for
 
12 fiscal year 1999-2000 and the sum of $804,503 for fiscal year
 
13 2000-2001 shall be used for operating costs of the youth
 
14 challenge program.
 
15 CULTURE AND RECREATION
 
16      SECTION 6.  Provided that of the special fund appropriation
 
17 for spectator events and shows (AGS 889), the sum of $2,500 for
 
18 fiscal year 1999-2000 and the sum of $2,500 for fiscal year
 
19 2000-2001 may be expended at the discretion of the stadium
 
20 manager for promotion and other stadium-related purposes.
 
21 PUBLIC SAFETY
 
22      SECTION 7.  Provided that of the general fund appropriation
 
23 for amelioration of physical disasters (DEF 110), the sum of
 

 
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 1 $150,000 for fiscal year 1999-2000 and the sum of $150,000 for
 
 2 fiscal year 2000-2001 shall be used for temporary cash flow
 
 3 shortfalls pending receipt of federal funds; provided further
 
 4 that the general fund shall be reimbursed by the amounts provided
 
 5 herein upon receipt of such federal funds.
 
 6      SECTION 8.  Provided that of the general fund appropriation
 
 7 for the amelioration of physical disasters program (DEF 110),
 
 8 $600,000 in fiscal year 1999-2000 and $600,000 in fiscal year
 
 9 2000-2001 shall be used exclusively for relief from major
 
10 disasters pursuant to section 127-11, Hawaii Revised Statutes.
 
11 GOVERNMENT-WIDE SUPPORT
 
12      SECTION 9.  Provided that of the general fund appropriation
 
13 for the office of the governor (GOV 100), the sum of $14,031 in
 
14 fiscal year 1999-2000 and the sum of $14,031 in fiscal year
 
15 2000-2001 shall be used for the governor's "contingent fund"
 
16 pursuant to section 37-71(f), Hawaii Revised Statutes; provided
 
17 further that such funds may be transferred to other programs and
 
18 agencies and allotted, with the approval of the governor, to meet
 
19 contingencies as they arise.
 
20      SECTION 10.  Provided that of the general fund appropriation
 
21 for legal services (ATG 100), the sum of $83,193 in fiscal year
 
22 1999-2000 and the sum of $70,356 in fiscal year 2000-2001 shall
 
23 be expended for additional temporary positions in the collections
 

 
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 1 unit to collect delinquent amounts owed to the State; provided
 
 2 further that no sums appropriated shall be expended unless
 
 3 delinquent amounts collected shall exceed the full cost of such
 
 4 positions, which shall include, but not be limited to, the cost
 
 5 of salaries, fringe benefits, and a proportionate share of the
 
 6 unit's equipment, rent, utilities, and other maintenance costs.
 
 7      SECTION 11.  Provided that of the general fund appropriation
 
 8 for financial administration (BUF 115), the sum of $5,000 in
 
 9 fiscal year 1999-2000 and the sum of $5,000 in fiscal year
 
10 2000-2001 may be established as a separate account for a bond
 
11 improvement protocol fund to be expended at the discretion of the
 
12 director of finance for promotion and improvement of the state
 
13 and counties' bond rating and sales.
 
14              PART IV.  CAPITAL IMPROVEMENT PROJECTS
 
15      SECTION 12.  CAPITAL IMPROVEMENT PROJECTS AUTHORIZED.  The
 
16 sums of money appropriated or authorized in part II of this Act
 
17 for capital improvements shall be expended for the projects
 
18 listed below.  Accounting of the appropriations by the department
 
19 of accounting and general services shall be based on the projects
 
20 as such projects are listed in this section. Several related or
 
21 similar projects may be combined into a single project, if such
 
22 combination is advantageous or convenient for implementation;
 
23 provided that the total cost of the projects thus combined shall
 

 
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 1 not exceed the total of the sum specified for the projects
 
 2 separately.  (The amount after each cost element and the total
 
 3 funding for each project listed in this part are in thousands of
 
 4 dollars.)
 

 
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 3 
 

 
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 1       PART V.  CAPITAL IMPROVEMENT PROJECT PROGRAM PROVISOS
 
 2      SECTION 13.  After the objectives of appropriations made in
 
 3 this Act for capital investment purposes from the state
 
 4 educational facilities improvement special fund have been met,
 
 5 any unrequired balances shall be transferred to the special
 
 6 funded project adjustment fund for state educational facilities
 
 7 appropriated in part II and described further in part IV, and
 
 8 shall be considered a supplementary appropriation thereto.
 
 9      SECTION 14.  In the event that currently authorized
 
10 appropriations specified for capital investment purposes listed
 
11 in this Act or in any other Act currently authorized by the
 
12 legislature are insufficient, and where the source of funding for
 
13 the project is designated as the state educational facilities
 
14 improvement special fund, the governor may make supplemental
 
15 allotments from the special funded project adjustment fund for
 
16 state educational facilities appropriated in part II and
 
17 described further in part IV; provided that such supplemental
 
18 allotments from the special funded project adjustment fund for
 
19 state educational facilities shall not be used to increase the
 
20 scope of the project, and may only be made to supplement
 
21 currently authorized capital investment project cost elements.
 
22      SECTION 15.  Act 328, Session Laws of Hawaii 1997, section
 
23 140A, as amended by Act 116, Session Laws of Hawaii 1998, section
 

 
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 1 5, is amended by amending Item K-1 to read as follows:
 
 2 "1.  G01       Project Adjustment Fund, Statewide
 
 3           Design for the establishment of a contingency fund for
 
 4           project adjustment purposes subject to the provisions
 
 5           of the appropriations act.
 
 6                Design                            1           1   
 
 7                   Total Funding [AGS] GOV        1 C         1 C"
 
 8      SECTION 16.  Any law to the contrary notwithstanding, the
 
 9 appropriations under Act 328, Session Laws of Hawaii 1997,
 
10 section 140A, as amended by Act 116, Session Laws of Hawaii 1998,
 
11 section 5, in the amounts indicated or balances thereof,
 
12 unallotted, allotted, encumbered, and unrequired, are hereby
 
13 lapsed:
 
14                "Item No.               Amount (MOF)
15 
16                   A-6                   $800,000 C 
17                   C-6                  5,000,000 B 
18                   C-7                    650,000 B 
19                   C-11                   120,000 B 
20                   C-17                56,000,000 B 
21                   C-19                10,465,000 B 
22                   C-22                37,000,000 B 
23                   C-29                   670,000 B 
24                   C-32                 1,262,000 B 
25                   C-37                   120,000 B 
26                   C-40                   130,000 B 
27                   C-43                 5,300,000 B 
28                   C-52                 6,400,000 B 
29                   C-74                   300,000 B 
30                   C-80A                3,500,000 B 
31                   C-81                   500,000 B 
32                   C-82                 8,000,000 B 
33                   H-35C                  900,000 B"

 
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 1 
 2      SECTION 17.  Any law to the contrary notwithstanding, the
 
 3 appropriations which are denoted as necessary to qualify for
 
 4 federal aid financing and/or reimbursement under Act 289, Session
 
 5 Laws of Hawaii 1993, section 127, as amended by Act 252, Session
 
 6 Laws of Hawaii 1994, section 5, in the amounts indicated or
 
 7 balances thereof, unallotted, allotted, encumbered, and
 
 8 unrequired, are hereby lapsed:
 
 9                "Item No.               Amount (MOF)
10 
11                   C-6                 $3,011,000 E 
12                   C-6                    500,000 N 
13                   C-12                   170,000 E 
14                   C-12                   100,000 N"
15 
16      SECTION 18.  Any law to the contrary notwithstanding, the
 
17 appropriations which are denoted as necessary to qualify for
 
18 federal aid financing and/or reimbursement under Act 316, Session
 
19 Laws of Hawaii 1989, section 222, as amended by Act 299, Session
 
20 Laws of Hawaii 1990, section 6, and as amended by Act 287,
 
21 Session Laws of Hawaii 1996, section 6, in the amounts indicated
 
22 or balances thereof, unallotted, allotted, encumbered, and
 
23 unrequired, are hereby lapsed:
 
24                "Item No.               Amount (MOF)
25 
26                   C-1                   $341,830 E 
27                   C-2                    561,026 E 
28                   C-4                    110,440 E 
29                   C-7                    691,332 E 
30                   C-9                    386,754 E 
31                   C-12                 3,124,512 E 

 
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 1                   C-13                   707,668 E 
 2                   C-18                 2,564,080 E 
 3                   C-20                   104,798 E 
 4                   C-21                   122,760 E 
 5                   C-23                    45,396 E"
 6 
 7      SECTION 19.  Any law to the contrary notwithstanding, the
 
 8 appropriations which are denoted as necessary to qualify for
 
 9 federal aid financing and/or reimbursement under Act 316, Session
 
10 Laws of Hawaii 1989, section 222, as amended by Act 299, Session
 
11 Laws of Hawaii 1990, section 6, and as amended by Act 300, SLH
 
12 1992, section 7, in the amounts indicated or balances thereof,
 
13 unallotted, allotted, encumbered, and unrequired, are hereby
 
14 lapsed:
 
15                "Item No.               Amount (MOF)
16 
17                   C-10               $11,211,321 E 
18                   C-10                 1,000,000 N"
19 
20      SECTION 20.  Any law to the contrary notwithstanding, the
 
21 appropriations which are denoted as necessary to qualify for
 
22 federal aid financing and/or reimbursement under Act 316, Session
 
23 Laws of Hawaii 1989, section 222, as amended by Act 299, Session
 
24 Laws of Hawaii 1990, section 6, in the amounts indicated or
 
25 balances thereof, unallotted, allotted, encumbered, and
 
26 unrequired, are hereby lapsed:
 
27                "Item No.               Amount (MOF)
28 
29                   C-16                      $622 B 
30                   C-17                 7,668,997 E 
31                   C-17                 1,000,000 N 
32                   C-19                 8,800,000 E"
33 

 
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 1      SECTION 21.  Any law to the contrary notwithstanding, the
 
 2 appropriations which are denoted as necessary to qualify for
 
 3 federal aid financing and/or reimbursement under Act 216, Session
 
 4 Laws of Hawaii 1987, section 280, as amended by Act 390, Session
 
 5 Laws of Hawaii 1988, section 6, and as amended by Act 287,
 
 6 Session Laws of Hawaii 1996, section 6, in the amounts indicated
 
 7 or balances thereof, unallotted, allotted, encumbered, and
 
 8 unrequired, are hereby lapsed:
 
 9                "Item No.               Amount (MOF)
10 
11                   C-1                   $215,628 E 
12                   C-2                    682,252 E 
13                   C-2                    102,603 B 
14                   C-3                     21,665 E 
15                   C-10                   522,969 E 
16                   C-10                   178,245 B 
17                   C-14                   201,416 E 
18                   C-14                    19,798 B 
19                   C-19                 2,461,312 E 
20                   C-19                       960 B"
21 
22      SECTION 22.  Any law to the contrary notwithstanding, the
 
23 appropriations which are denoted as necessary to qualify for
 
24 federal aid financing and/or reimbursement under Act 216, Session
 
25 Laws of Hawaii 1987, section 280, as amended by Act 390, Session
 
26 Laws of Hawaii 1988, section 6, and as amended by Act 300,
 
27 Session Laws of Hawaii 1992, section 7 and Act 287, Session Laws
 
28 of Hawaii 1996, section 6, in the amount indicated or balance
 
29 thereof, unallotted, allotted, encumbered, and unrequired, is
 

 
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 1 hereby lapsed:
 
 2                "Item No.               Amount (MOF)
 3 
 4                   C-7                   $183,143 E"
 5 
 6      SECTION 23.  Any law to the contrary notwithstanding, the
 
 7 appropriations which are denoted as necessary to qualify for
 
 8 federal aid financing and/or reimbursement under Act 216, Session
 
 9 Laws of Hawaii 1987, section 280, as amended by Act 390, Session
 
10 Laws of Hawaii 1988, section 6, in the amount indicated or
 
11 balance thereof, unallotted, allotted, encumbered, and
 
12 unrequired, is hereby lapsed:
 
13                "Item No.               Amount (MOF)
14 
15                   C-17                   $24,824 B"
16 
17      SECTION 24.  Any law to the contrary notwithstanding, the
 
18 appropriations which are denoted as necessary to qualify for
 
19 federal aid financing and/or reimbursement under Act 300, Session
 
20 Laws of Hawaii 1985, section 222, as amended by Act 345, Session
 
21 Laws of Hawaii 1986, section 6, and as amended by Act 287,
 
22 Session Laws of Hawaii 1996, section 6, in the amounts indicated
 
23 or balances thereof, unallotted, allotted, encumbered, and
 
24 unrequired, are hereby lapsed:
 
25                "Item No.               Amount (MOF)
26 
27                   C-1                   $108,107 E 
28                   C-1                     25,882 B 
29                   C-2                    144,107 E 
30                   C-2                      7,357 B 

 
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 1                   C-3                        669 E 
 2                   C-3                     64,293 B 
 3                   C-8                      1,125 E 
 4                   C-10                   376,732 E 
 5                   C-10                    88,347 B 
 6                   C-16                   261,693 E 
 7                   C-16                   100,433 B"
 8 
 9      SECTION 25.  Any law to the contrary notwithstanding, the
 
10 appropriations which are denoted as necessary to qualify for
 
11 federal aid financing and/or reimbursement under Act 300, Session
 
12 Laws of Hawaii 1985, section 222, as amended by Act 345, Session
 
13 Laws of Hawaii 1986, section 6, and as amended by Act 300, SLH
 
14 1992, section 7, and Act 287, Session Laws of Hawaii 1996,
 
15 section 6, in the amount indicated or balance thereof,
 
16 unallotted, allotted, encumbered, and unrequired, is hereby
 
17 lapsed:
 
18                "Item No.               Amount (MOF)
19 
20                   C-9                   $108,606 E"
21 
22      SECTION 26.  Any law to the contrary notwithstanding, the
 
23 appropriations which are denoted as necessary to qualify for
 
24 federal aid financing and/or reimbursement under Act 300, Session
 
25 Laws of Hawaii 1985, section 222, as amended by Act 345, Session
 
26 Laws of Hawaii 1986, section 6, in the amounts indicated or
 
27 balances thereof, unallotted, allotted, encumbered, and
 

 
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 1 unrequired, are hereby lapsed:
 
 2                "Item No.               Amount (MOF)
 3 
 4                   C-13                  $220,109 E 
 5                   C-13                   168,012 B 
 6                   C-14                    26,178 B"
 7 
 8      SECTION 27.  Any law to the contrary notwithstanding, the
 
 9 appropriations which are denoted as necessary to qualify for
 
10 federal aid financing and/or reimbursement under Act 301, Session
 
11 Laws of Hawaii 1983, section 80, as amended by Act 285, Session
 
12 Laws of Hawaii 1984, section 7, and as amended by Act 287,
 
13 Session Laws of Hawaii 1996, section 6, in the amounts indicated
 
14 or balances thereof, unallotted, allotted, encumbered, and
 
15 unrequired, are hereby lapsed:
 
16                "Item No.               Amount (MOF)
17 
18                   C-2                    $39,797 E 
19                   C-2                     54,128 B 
20                   C-3                    529,415 E 
21                   C-3                        872 B 
22                   C-4                     62,551 E 
23                   C-6                     91,702 B 
24                   C-10                    30,581 E 
25                   C-12                   458,607 E 
26                   C-12                    14,943 B 
27                   C-15                   245,144 E 
28                   C-15                    65,000 B 
29                   C-18                   132,747 E"
30 
31      SECTION 28.  Any law to the contrary notwithstanding, the
 
32 appropriations which are denoted as necessary to qualify for
 
33 federal aid financing and/or reimbursement under Act 301, Session
 

 
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 1 Laws of Hawaii 1983, section 80, as amended by Act 285, Session
 
 2 Laws of Hawaii 1984, section 7, in the amount indicated or
 
 3 balance thereof, unallotted, allotted, encumbered, and
 
 4 unrequired, is hereby lapsed:
 
 5                "Item No.               Amount (MOF)
 6 
 7                   C-17                   $34,703 B"
 8 
 9      SECTION 29.  Any law to the contrary notwithstanding, the
 
10 appropriations which are denoted as necessary to qualify for
 
11 federal aid financing and/or reimbursement under Act 1, First
 
12 Special Session Laws of Hawaii 1981, section 92, as amended by
 
13 Act 264, Session Laws of Hawaii 1982, section 5, and as amended
 
14 by Act 287, Session Laws of Hawaii 1996, section 6, in the
 
15 amounts indicated or balances thereof, unallotted, allotted,
 
16 encumbered, and unrequired, are hereby lapsed:
 
17                "Item No.               Amount (MOF)
18 
19                   C-4                     $5,368 E 
20                   C-5                  1,098,928 B 
21                   C-13                    26,997 E 
22                   C-17                    11,511 E 
23                   C-17                       638 B 
24                   C-19                    14,921 E"
25 
26      SECTION 30.  Any law to the contrary notwithstanding, the
 
27 appropriations which are denoted as necessary to qualify for
 
28 federal aid financing and/or reimbursement under Act 1, First
 
29 Special Session Laws of Hawaii 1981, section 92, as amended by
 

 
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 1 Act 264, Session Laws of Hawaii 1982, section 5, in the amounts
 
 2 indicated or balances thereof, unallotted, allotted, encumbered,
 
 3 and unrequired, are hereby lapsed:
 
 4                "Item No.               Amount (MOF)
 5 
 6                   C-3                       $498 B 
 7                   C-3A                   143,894 E 
 8                   C-16                   512,303 E"
 9 
10      SECTION 31.  Any law to the contrary notwithstanding, the
 
11 appropriations which are denoted as necessary to qualify for
 
12 federal aid financing and/or reimbursement under Act 214, Session
 
13 Laws of Hawaii 1979, section 120, as amended by Act 300, Session
 
14 Laws of Hawaii 1980, section 7, in the amount indicated or
 
15 balance thereof, unallotted, allotted, encumbered, and
 
16 unrequired, is hereby lapsed:
 
17                "Item No.               Amount (MOF)
18 
19                   C-20                   $92,860 E"
20 
21      SECTION 32.  Any law to the contrary notwithstanding, the
 
22 appropriations which are denoted as necessary to qualify for
 
23 federal aid financing and/or reimbursement under Act 10, First
 
24 Special Session Laws of Hawaii 1977, section 86, as amended by
 
25 Act 243, Session Laws of Hawaii 1978, section 5, in the amounts
 
26 indicated or balances thereof, unallotted, allotted, encumbered,
 
27 and unrequired, are hereby lapsed:
 
28                "Item No.               Amount (MOF)
29 

 
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 1                   C-11                   $49,951 E 
 2                   C-14                       303 E 
 3                   C-14                    15,914 B"
 4 
 5      SECTION 33.  Any law to the contrary notwithstanding, the
 
 6 appropriations which are denoted as necessary to qualify for
 
 7 federal aid financing and/or reimbursement under Act 195, Session
 
 8 Laws of Hawaii 1975, section 88, as amended by Act 226, Session
 
 9 Laws of Hawaii 1976, section 6, and as amended by Act 287,
 
10 Session Laws of Hawaii 1996, section 6, in the amounts indicated
 
11 or balances thereof, unallotted, allotted, encumbered, and
 
12 unrequired, are hereby lapsed:
 
13                "Item No.               Amount (MOF)
14 
15                   C-8                   $104,159 E 
16                   C-8                     20,282 B"
17 
18      SECTION 34.  Any law to the contrary notwithstanding, the
 
19 appropriations which are denoted as necessary to qualify for
 
20 federal aid financing and/or reimbursement under Act 195, Session
 
21 Laws of Hawaii 1975, section 88, as amended by Act 226, Session
 
22 Laws of Hawaii 1976, in the amounts indicated or balances
 
23 thereof, unallotted, allotted, encumbered, and unrequired, are
 
24 hereby lapsed:
 
25                "Item No.               Amount (MOF)
26 
27                   C-7                   $127,851 E 
28                   C-9                     53,860 B 
29                   C-17                    52,499 B"
30 

 
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 1      SECTION 35.  Any law to the contrary notwithstanding, the
 
 2 appropriations which are denoted as necessary to qualify for
 
 3 federal aid financing and/or reimbursement under Act 68, Session
 
 4 Laws of Hawaii 1971, section 4, as amended by Act 202, Session
 
 5 Laws of Hawaii 1972, section 4, in the amount indicated or
 
 6 balance thereof, unallotted, allotted, encumbered, and
 
 7 unrequired, is hereby lapsed:
 
 8                "Item No.               Amount (MOF)
 9 
10                   H-1                    $33,766 B"
11 
12      SECTION 36.  Any law to the contrary notwithstanding, the
 
13 appropriations which are denoted as necessary to qualify for
 
14 federal aid financing and/or reimbursement under Act 40, Session
 
15 Laws of Hawaii 1968, section 1, in the amount indicated or
 
16 balance thereof, unallotted, allotted, encumbered, and
 
17 unrequired, is hereby lapsed:
 
18                "Item No.               Amount (MOF)
19 
20                   C-8                    $39,525 E"
21 

 
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 1                    PART VI.  ISSUANCE OF BONDS
 
 2      SECTION 37.  GOVERNOR'S DISCRETIONARY POWERS.  When it is
 
 3 deemed in the public interest of the State, the governor, in his
 
 4 discretion, is authorized to use general fund savings or balances
 
 5 determined to be available from authorized general fund program
 
 6 appropriations to finance capital improvement projects authorized
 
 7 in this Act or any other act currently authorized by the
 
 8 legislature, where the method of financing is designated to be
 
 9 the general obligation bond fund.  Any law or provision to the
 
10 contrary notwithstanding, the governor may replace general
 
11 obligation bond funds appropriated for capital improvement
 
12 projects with general obligation reimbursable bond funds, when
 
13 the expenditure of such general obligation reimbursable bond
 
14 funds is deemed appropriate for the project.
 
15      SECTION 38.  AIRPORT REVENUE BONDS.  The department of
 
16 transportation is authorized to issue airport revenue bonds for
 
17 airport capital improvement program projects authorized in part
 
18 II and listed in part IV of this Act and designated to be
 
19 financed by revenue bond funds or by general obligation bond
 
20 funds with debt service cost to be paid from special funds, in
 
21 such principal amount as shall be required to yield the amounts
 
22 appropriated for such capital improvements program projects, and,
 
23 if so determined by the department and approved by the governor,
 

 
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 1 such additional principal amount as may be deemed necessary by
 
 2 the department to pay interest on such airport revenue bonds
 
 3 during the estimated period of construction of the capital
 
 4 improvements program project for which such airport revenue bonds
 
 5 are issued, to establish, maintain, or increase reserves for the
 
 6 airport revenue bonds and to pay the expenses of issuance of such
 
 7 bonds.  The aforementioned airport revenue bonds shall be issued
 
 8 pursuant to the provisions of part III of chapter 39, Hawaii
 
 9 Revised Statutes, as the same may be amended from time to time.
 
10 The principal of and interest on airport revenue bonds, to the
 
11 extent not paid from the proceeds of such bonds, shall be payable
 
12 solely from and secured solely by the revenues from airports and
 
13 related facilities under the ownership of the State or operated
 
14 and managed by the department and the aviation fuel taxes levied
 
15 and paid pursuant to sections 243-4(a)(2) and 248-8, Hawaii
 
16 Revised Statutes, or such parts of either thereof as the
 
17 department may determine, including rents, landing fees, and
 
18 other fees or charges presently or hereafter derived from or
 
19 arising through the ownership, operation, and management of
 
20 airports and related facilities and the furnishing and supplying
 
21 of the services thereof.  The expenses of the issuance of such
 
22 airport revenue bonds shall to the extent not paid from the
 
23 proceeds of such bonds be paid from the airport revenue fund.
 

 
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 1      The governor, in his discretion, is authorized to use the
 
 2 airport revenue fund to finance those projects authorized in part
 
 3 II and listed in part IV of this Act where the method of
 
 4 financing is designated to be by airport revenue bond funds.
 
 5      SECTION 39.  HARBOR REVENUE BONDS.  The department of
 
 6 transportation is authorized to issue harbor revenue bonds for
 
 7 harbor capital improvement program projects authorized in part II
 
 8 and listed in part IV of this Act and designated to be financed
 
 9 by revenue bond funds or by general obligation bond funds with
 
10 debt service cost to be paid from special funds, in such
 
11 principal amount as shall be required to yield the amounts
 
12 appropriated for such capital improvement program projects, and,
 
13 if so determined by the department and approved by the governor,
 
14 such additional amounts as may be deemed necessary by the
 
15 department to pay interest on such revenue bonds during the
 
16 estimated construction period of the capital improvement project
 
17 for which such harbor revenue bonds are issued, to establish,
 
18 maintain, or increase reserves for the harbor revenue bonds or
 
19 harbor revenue bonds heretofore authorized (whether authorized
 
20 and issued or authorized and still unissued), and to pay the
 
21 expenses of issuance of such bonds.  The aforementioned harbor
 
22 revenue bonds shall be issued pursuant to the provisions of part
 
23 III of chapter 39, Hawaii Revised Statutes, as the same may be
 

 
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 1 amended from time to time.  The principal of and interest on
 
 2 harbor revenue bonds, to the extent not paid from the proceeds of
 
 3 such bonds, shall be payable solely from and secured solely by
 
 4 the revenues derived from harbors and related facilities under
 
 5 the ownership of the State or operated and managed by the
 
 6 department, including rents, mooring, wharfage, dockage, and
 
 7 pilotage fees, and other fees or charges presently or hereafter
 
 8 derived from or arising through the ownership, operation, and
 
 9 management of harbor and related facilities and the furnishing
 
10 and supplying of the services thereof.  The expenses of the
 
11 issuance of such harbor revenue bonds shall, to the extent not
 
12 paid from the proceeds of such bonds, be paid from the harbor
 
13 special fund.
 
14      The governor, in his discretion, is authorized to use the
 
15 harbor revenue fund to finance those projects authorized in part
 
16 II and listed in part IV of this Act where the method of
 
17 financing is designated to be by harbor revenue bond funds.
 
18      SECTION 40.  HIGHWAY REVENUE BONDS.  The department of
 
19 transportation is authorized to issue highway revenue bonds for
 
20 highway capital improvement projects authorized in part II and
 
21 listed in part IV of this Act and designated to be financed by
 
22 revenue bond funds or by general obligation bond funds with the
 
23 debt service cost to be paid from special funds, in such
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1 principal amount as shall be required to yield the amounts
 
 2 appropriated for such capital improvement projects, and, if so
 
 3 determined by the department and approved by the governor, such
 
 4 additional principal amount as may be deemed necessary by the
 
 5 department to pay interest on such highway revenue bonds during
 
 6 the estimated period of construction of the capital improvement
 
 7 project for which such highway revenue bonds are issued, to
 
 8 establish, maintain, or increase reserves for such highway
 
 9 revenue bonds or highway revenue bonds heretofore authorized
 
10 (whether authorized and issued or authorized and still unissued),
 
11 and to pay all or any part of the expenses related to the
 
12 issuance of such highway revenue bonds.  The aforementioned
 
13 highway revenue bonds shall be issued pursuant to the provisions
 
14 of part III of chapter 39, Hawaii Revised Statutes, as the same
 
15 may be amended from time to time.  The principal of and interest
 
16 on such highway revenue bonds, to the extent not paid from the
 
17 proceeds of such highway revenue bonds, shall be payable from and
 
18 secured by the revenues derived from highways and related
 
19 facilities under the ownership of the State or operated and
 
20 managed by the department, from the highway fuel taxes, vehicle
 
21 weight taxes, and vehicle registration fees, levied and paid
 
22 pursuant to sections 243-4, 248-8, 249-31, and 249-33, Hawaii
 
23 Revised Statutes, and federal moneys received by the State or any
 

 
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 1 department thereof which are available to pay principal of and/or
 
 2 interest on indebtedness of the State, or such part of any
 
 3 thereof as the department may determine, and other user taxes,
 
 4 fees or charges currently or hereafter derived from or arising
 
 5 through the ownership, operation, and management of highways and
 
 6 related facilities and the furnishing and supplying of the
 
 7 services thereof.  The expenses related to the issuance of such
 
 8 highway revenue bonds, to the extent not paid from the proceeds
 
 9 of such bonds, shall be paid from the State highway fund.
 
10      The governor, in his discretion, is authorized to use moneys
 
11 in the State highway fund to finance those highway capital
 
12 improvement projects authorized in part II and listed in part IV
 
13 of this Act where the method of financing is designated to be by
 
14 revenue bond funds.
 
15      SECTION 41.  SMALL BOAT HARBOR REVENUE BONDS.  The
 
16 department of land and natural resources is authorized to issue
 
17 small boat harbor revenue bonds for small boat harbor capital
 
18 improvement projects authorized in part II and listed in part IV
 
19 of this Act and designated to be financed by revenue bond funds
 
20 or by general obligation bond funds with debt service cost to be
 
21 paid from special funds.  The principal amount of such bonds
 
22 shall be sufficient to yield the amounts appropriated for such
 
23 capital improvements, and, if so determined by the department and
 

 
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 1 approved by the governor, such additional amounts as may be
 
 2 deemed necessary by the department to pay interest on such
 
 3 revenue bonds during the construction period of the capital
 
 4 improvement project for which such small boat harbor revenue
 
 5 bonds are issued, to establish, maintain, or increase reserves
 
 6 for the small boat harbor revenue bonds, and to pay the expenses
 
 7 for the issuance of such bonds.  The aforementioned small boat
 
 8 harbor revenue bonds shall be issued pursuant to the provisions
 
 9 of part III of chapter 39, Hawaii Revised Statutes, as the same
 
10 may be amended from time to time. The principal of and interest
 
11 on the small boat harbor revenue bonds, to the extent not paid
 
12 from the proceeds of such bonds, shall be payable solely from and
 
13 secured solely by the revenues from small boat harbors and
 
14 related facilities under the ownership of the State or operated
 
15 and managed by the department.  The revenues shall include rents,
 
16 mooring, wharfage, dockage, and permit fees, and other fees or
 
17 charges presently or hereafter derived from or arising through
 
18 the ownership and operation of small boating activities and the
 
19 furnishing and supplying of the services thereof.  The expenses
 
20 of the issuance of such small boat harbor revenue bonds shall, to
 
21 the extent not paid from the proceeds of such bonds, be paid from
 
22 the harbor special fund.
 
23      SECTION 42.  PUBLIC FACILITY REVENUE BONDS.  The Hawaii
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1 Community Development Authority is authorized to issue revenue
 
 2 bonds for public facility projects authorized in part II and
 
 3 listed in part IV of this Act and designated to be financed by
 
 4 revenue bond funds or by general obligation bond funds with the
 
 5 debt service cost to be paid from special funds.  The principal
 
 6 amount of such bonds shall be sufficient to yield the amounts
 
 7 appropriated to construct, acquire, remodel, furnish, and equip
 
 8 any public facility, including acquisition of the site thereof.
 
 9 Additionally, if so determined by the authority and approved by
 
10 the governor, the principal amount of such bonds shall be in an
 
11 additional amount deemed necessary by the Authority to pay
 
12 interest on such revenue bonds during the estimated period of
 
13 construction of the capital improvement project for which such
 
14 public facility revenue bonds are issued, to establish, maintain,
 
15 or increase reserves for such public facility revenue bonds, and
 
16 to pay all or any part of the expenses related to the issuance of
 
17 such public facility revenue bonds.  The aforementioned public
 
18 facility revenue bonds shall be issued pursuant to the provisions
 
19 of part III of chapter 39, Hawaii Revised Statutes, as the same
 
20 may be amended from time to time. The principal of and interest
 
21 on such public facility revenue bonds, to the extent not paid
 
22 from the proceeds of such public facility revenue bonds, shall be
 
23 payable from and secured by the revenues derived from the public
 

 
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 1 facility for which the revenue bonds are issued, including
 
 2 revenue derived from insurance proceeds and reserve accounts and
 
 3 earnings thereon.
 
 4      SECTION 43.  CONVENTION CENTER REVENUE BONDS.  The
 
 5 Convention Center Authority is authorized to issue convention
 
 6 center revenue bonds for capital improvement projects authorized
 
 7 in part II and listed in part IV of this Act and designated to be
 
 8 financed by revenue bond funds or by general obligation bond
 
 9 funds with the debt service cost to be paid from special funds,
 
10 in such principal amount as shall be required to yield the
 
11 amounts appropriated for such capital improvement projects, and,
 
12 if so determined by the authority and approved by the governor,
 
13 such additional principal amount as may be deemed necessary by
 
14 the authority to pay interest on such convention center revenue
 
15 bonds during the estimated period of construction of the capital
 
16 improvement project for which such convention center revenue
 
17 bonds are issued, to establish, maintain, or increase reserves
 
18 for such convention center revenue bonds, and to pay all or any
 
19 part of the expenses related to the issuance of such convention
 
20 center revenue bonds.  The aforementioned convention center
 
21 revenue bonds shall be issued pursuant to the provisions of part
 
22 III of chapter 39, Hawaii Revised Statutes, as the same may be
 
23 amended from time to time.  The principal of and interest on such
 

 
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 1 convention center revenue bonds, to the extent not paid from the
 
 2 proceeds of such convention center revenue bonds, shall be
 
 3 payable from and secured by revenues available pursuant to
 
 4 section 206X-10.5, Hawaii Revised Statutes, by the revenues
 
 5 derived from a convention center facility or facilities and
 
 6 related facilities under the ownership of the State or operated
 
 7 and managed by the authority, and other rates, rents, fees or
 
 8 charges currently or hereafter derived from or arising through
 
 9 the ownership, operation, and management of convention center
 
10 facilities and related facilities and the furnishing and
 
11 supplying of the services thereof.
 
12      SECTION 44.  HAWAIIAN HOME LANDS REVENUE BONDS.  The
 
13 department of Hawaiian home lands is authorized to issue Hawaiian
 
14 home lands revenue bonds for Hawaiian home lands capital
 
15 improvement projects authorized in part II and listed in part IV
 
16 of this Act and designated to be financed by revenue bond funds
 
17 or by general obligation bond funds with debt service cost to be
 
18 paid from special funds, in such principal amount as shall be
 
19 required to yield the amounts appropriated for such capital
 
20 improvements, and, if so determined by the department and
 
21 approved by the governor, such additional amounts as may be
 
22 deemed necessary by the department to increase reserves for the
 
23 Hawaiian home lands revenue bonds and to pay the expenses of the
 

 
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 1 issuance of such bonds. Notwithstanding any limitations contained
 
 2 in any prior authorization of Hawaiian home lands revenue bonds,
 
 3 the aforementioned Hawaiian home lands revenue bonds and all
 
 4 prior authorized revenue bonds shall be issued pursuant to the
 
 5 provisions of part III of chapter 39, Hawaii Revised Statutes, as
 
 6 the same may be amended from time to time.  The principal of and
 
 7 interest on Hawaiian home lands revenue bonds, to the extent not
 
 8 paid from the proceeds of such bonds, shall be payable from and
 
 9 secured by the revenues from Hawaiian home lands, revenues from
 
10 available lands and related facilities under the ownership of the
 
11 State or operated and managed by the department or such parts of
 
12 either thereof as the department may determine, including rents
 
13 and other fees or charges presently or hereafter derived from or
 
14 arising through the ownership, operation, and management of
 
15 Hawaiian home lands, available lands and related facilities.  The
 
16 expenses of the issuance of such Hawaiian home lands revenue
 
17 bonds, to the extent not paid from the proceeds of such bonds,
 
18 shall be paid from the Hawaiian home lands special fund.
 
19      The governor, in the governor's discretion, is authorized to
 
20 use the Hawaiian home lands special fund to finance those
 
21 projects authorized in part II and listed in part IV of this Act
 
22 where the method of financing is designated to be by the Hawaiian
 
23 home lands revenue bond funds.
 

 
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 1      SECTION 45.  HOUSING REVENUE BONDS.  The Housing and
 
 2 Community Development Corporation of Hawaii is authorized to
 
 3 issue housing revenue bonds for housing capital improvement
 
 4 projects authorized in part II and listed in part IV of this Act
 
 5 and designated to be financed by revenue bond funds in such
 
 6 principal amounts as shall be required to yield the amounts
 
 7 appropriated for such capital improvements, and, if so determined
 
 8 by the corporation and approved by the governor, such additional
 
 9 amounts as may be deemed necessary by the corporation to increase
 
10 reserves for the housing revenue bonds and to pay the expenses of
 
11 the issuance of such bonds.  The aforementioned housing revenue
 
12 bonds shall be issued pursuant to the provisions of part III of
 
13 chapter 39, Hawaii Revised Statutes, as the same may be amended
 
14 from time to time.  The principal of and interest on housing
 
15 revenue bonds, to the extent not paid from the proceeds of such
 
16 bonds, shall be payable and secured by revenues from housing and
 
17 related facilities under the ownership of the State or operated
 
18 and managed by the department or such parts of either thereof as
 
19 the department may determine, including rents and other fees or
 
20 charges presently or hereafter derived from or arising through
 
21 the ownership, operation, and management of housing and related
 
22 facilities.
 
23      SECTION 46.  HOSPITAL REVENUE BONDS.  The Hawaii Health
 

 
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 1 Systems Corporation is authorized to issue hospital revenue bonds
 
 2 for hospital capital improvements program projects authorized in
 
 3 part II and listed in part IV of this Act and designated to be
 
 4 financed by revenue bond funds, in such principal amount as shall
 
 5 be required to yield the amounts appropriated for such capital
 
 6 improvements program projects, and if so determined by the
 
 7 corporation and approved by the governor, such additional
 
 8 principal amount as may be deemed necessary by the corporation to
 
 9 pay interest on such hospital revenue bonds during the estimated
 
10 period of construction of the capital improvements program
 
11 project for which such hospital revenue bonds are issued, to
 
12 establish, maintain, or increase reserves for such hospital
 
13 revenue bonds, and to pay all or any part of the expenses related
 
14 to the issuance of such hospital revenue bonds.  The
 
15 aforementioned hospital revenue bonds shall be issued pursuant to
 
16 the provisions of part III of chapter 39, Hawaii Revised
 
17 Statutes, as the same may be amended from time to time, except
 
18 that such bonds shall be issued in the name of the corporation
 
19 and not in the name of the state.  The principal of and interest
 
20 on such hospital revenue bonds, to the extent not paid from the
 
21 proceeds of such hospital revenue bonds, shall be payable from
 
22 and secured by the revenues derived from facilities under the
 
23 ownership of the corporation or operated and managed by the
 

 
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 1 corporation, or such part of any thereof as the corporation may
 
 2 determine, including other moneys, rates, rents, fees or charges
 
 3 currently or hereafter derived from or arising through the
 
 4 ownership, operation, and management of hospitals and related
 
 5 facilities and the furnishings and supplying of the services
 
 6 thereof.  The expenses related to the issuance of such hospital
 
 7 revenue bonds, to the extent not paid from the proceeds of such
 
 8 bonds, shall be paid from the facility administration fund of the
 
 9 corporation.
 
10                   PART VII.  SPECIAL PROVISIONS
 
11      SECTION 47.  Provided that to the extent that the sums
 
12 appropriated for the payment of principal and interest on general
 
13 obligation bonds are insufficient to meet and pay all such
 
14 obligations when due in accordance with the terms of such bonds,
 
15 the governor shall direct the utilization of any or all
 
16 appropriations available or unexpended from any other state
 
17 program, as the first charge for the payment of principal and
 
18 interest of the bonds when due; and provided further, that the
 
19 legislature shall, under procedures established in section 10 of
 
20 article III of the Hawaii State Constitution, meet in special
 
21 session to comply with the provisions of section 12 of article
 
22 VII of the Hawaii State Constitution, which pledge the full faith
 
23 and credit of the State for the payment of principal and interest
 

 
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 1 on all general obligation and reimbursable general obligation
 
 2 bonds.
 
 3      SECTION 48.  All general obligation bond funds used for a
 
 4 public undertaking, improvement, or system, designated by the
 
 5 letter (D), shall have the bond principal and interest reimbursed
 
 6 from the special fund in which the net revenue, or net user tax
 
 7 receipts, or combination of both, of such public undertaking,
 
 8 improvement or system, are deposited or credited. Bonds issued
 
 9 for irrigation and housing projects shall be reimbursed, as
 
10 provided by section 174-21 and chapter 201E, Hawaii Revised
 
11 Statutes, respectively.
 
12      The governor is authorized to use, at the governor's
 
13 discretion, the state highway fund, the harbor special fund, the
 
14 boating special fund, the airport revenue fund, the special land
 
15 and development fund, the economic development special fund, or
 
16 other appropriate special fund, to finance the respective public
 
17 undertaking, improvement, or system described above and
 
18 authorized in this Act, where the method of financing is
 
19 designated to be by general obligation bond fund with debt
 
20 service cost to be paid from the funds; provided that the
 
21 governor shall submit a report to the legislature on such changes
 
22 in the method of financing of such projects.
 
23      SECTION 49.  Any law or any provision of this Act to the
 

 
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 1 contrary notwithstanding, the appropriations made for capital
 
 2 improvement projects authorized under this Act shall not lapse at
 
 3 the end of the fiscal biennium for which the appropriation is
 
 4 made; provided that all appropriations made to be expended in
 
 5 fiscal biennium 1999-2001 which are unencumbered as of June 30,
 
 6 2002, shall lapse as of that date; provided further that this
 
 7 lapsing date shall not apply to appropriations for projects
 
 8 described in section 12 of this Act where the means of funding is
 
 9 designated to be the state educational facilities improvement
 
10 special fund, and where such appropriations have been authorized
 
11 for more than three years for the construction or acquisition of
 
12 public school facilities; and provided further that this lapsing
 
13 date shall not apply to appropriations for projects described in
 
14 section 12 of this Act which are denoted as necessary to qualify
 
15 for federal aid financing and reimbursement and which
 
16 appropriations in their entirety the legislature hereby
 
17 determines are necessary to qualify for federal aid financing and
 
18 reimbursement.
 
19      SECTION 50.  The governor may supplement funds for any cost
 
20 element for a capital improvement project authorized under this
 
21 Act by transferring such sums as may be needed from the funds
 
22 appropriated for other cost elements of the same project, by this
 
23 Act or by any other Act which has not lapsed; and provided
 

 
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 1 further that the total expenditure of funds for all cost elements
 
 2 shall not exceed the total appropriations for that project.
 
 3      SECTION 51.  After the objectives of appropriations made in
 
 4 this Act from the general obligation bond fund or the general
 
 5 fund for capital improvement projects have been met, unrequired
 
 6 balances shall be transferred to the project adjustment fund
 
 7 appropriated in part II and described in part IV of this Act and
 
 8 shall be considered a supplementary appropriation thereto;
 
 9 provided that all other unrequired allotment balances, unrequired
 
10 appropriation balances, and unrequired encumbrance balances shall
 
11 lapse as of June 30, 2002, as provided in section 49 of this Act.
 
12      SECTION 52.  In the event that authorized appropriations
 
13 specified for capital improvement projects listed in this Act or
 
14 in any other act currently authorized by the legislature are
 
15 insufficient, and where the source of funding for the project is
 
16 designated as the general obligation bond fund or the general
 
17 fund, the governor may make supplemental allotments from the
 
18 project adjustment fund appropriated in part II and described in
 
19 part IV of this Act to supplement any currently authorized
 
20 capital investment cost elements; and provided further that such
 
21 supplemental allotments from the project adjustment fund shall
 
22 not be used to increase the scope of the project.
 
23      SECTION 53.  In the event that the authorized appropriations
 

 
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 1 specified for a capital improvement project listed in this Act is
 
 2 insufficient and where the source of funding is designated as
 
 3 special funds, general obligation bond fund with debt service
 
 4 cost to be paid from special funds, revenue bond funds, or
 
 5 revolving funds, the governor may make supplemental allotments
 
 6 from the special fund or revolving fund responsible for cash or
 
 7 debt service payments for the projects or transfer unrequired
 
 8 balances from other unlapsed projects in this or prior
 
 9 appropriation acts which authorized the use of special funds,
 
10 general obligation bond fund with debt service costs to be paid
 
11 from special funds, revenue bond funds, or revolving funds;
 
12 provided that such supplemental allotments shall not be used to
 
13 increase the scope of the project; provided further that such
 
14 supplemental allotments shall not impair the ability of the fund
 
15 to meet the purposes for which it was established.
 
16      SECTION 54.  Where it has been determined that changed
 
17 conditions, such as reduction in the particular population being
 
18 served, permit the reduction in the scope of a capital
 
19 improvement project described in this Act, the governor may
 
20 authorize such reduction of project scope.
 
21      SECTION 55.  In releasing funds for capital improvement
 
22 projects, the governor shall consider the legislative intent and
 
23 the objectives of the user agency and its programs, the scope and
 

 
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 1 level of the user agency's intended service, and the means,
 
 2 efficiency, and economics by which the project will meet the
 
 3 objectives of the user agency and the State.  Agencies
 
 4 responsible for construction shall take into consideration the
 
 5 objectives of the user agency, its programs, the scope and level
 
 6 of the user agency's intended service and construct the
 
 7 improvement to meet the objectives of the user agency in the most
 
 8 efficient and economical manner possible.
 
 9      SECTION 56.  With the approval of the governor, designated
 
10 expending agencies for capital improvement projects authorized in
 
11 this Act may delegate to other state or county agencies the
 
12 implementation of such projects when it is determined by all
 
13 involved agencies and parties that it is advantageous to do so.
 
14      SECTION 57.  Where county capital improvement projects are
 
15 partially or totally funded by state grants-in-aid as authorized
 
16 in this Act or any other act of the legislature, this fact should
 
17 be appropriately acknowledged during construction and upon
 
18 completion of these projects.
 
19      SECTION 58.  The governor may authorize the expenditure of
 
20 funds for capital improvement projects not previously authorized
 
21 in this Act to cope with the effects of recession, unemployment,
 
22 natural disasters, unforeseen emergencies, and for any federal
 
23 aid portion of any capital improvement project described in this
 

 
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 1 Act where application for such aid has been made and approval has
 
 2 been unexpectedly denied; provided that the effects of recession,
 
 3 unemployment, natural disaster, emergencies or unexpected denial
 
 4 of federal aid create an urgent need to pursue a course of action
 
 5 which is in the best interest or the State; provided further that
 
 6 the governor shall use the project adjustment fund authorized in
 
 7 part II and described in part IV to accomplish the purposes of
 
 8 this section.
 
 9      SECTION 59.  No appropriation authorized in this Act for
 
10 expenditure by a political subdivision of this state shall be
 
11 considered to be a mandate to undertake new programs or to
 
12 increase the level of services under existing programs of that
 
13 political subdivision.  If any appropriation authorized in this
 
14 Act constitutes such a mandate within the provisions of section 5
 
15 of article VIII of the Hawaii State Constitution, such
 
16 authorization shall be void and, in the case of capital
 
17 improvement appropriations designated to be financed from the
 
18 general obligation bond fund, the total general obligation bonds
 
19 authorized for such projects shall be correspondingly decreased.
 
20      SECTION 60.  Whenever the expending agency to which an
 
21 appropriation is made is changed due to legislation enacted
 
22 during any session of the legislature which affects the
 
23 appropriations made by this Act, the governor shall transfer the
 

 
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 1 necessary funds and positions to the proper expending agency.
 
 2      SECTION 61.  There is hereby appropriated out of the public
 
 3 trust fund created by section 5(f) of the Admissions Act (Public
 
 4 Law No. 86-3) the total amount of the proceeds from the sale or
 
 5 other disposition of any lands, and the income therefrom granted
 
 6 to the State by section 5(b) or later conveyed to the State by
 
 7 section 5(e), with the exception of such proceeds covered under
 
 8 section 171-19, Hawaii Revised Statutes, to be disposed of by the
 
 9 board of land and natural resources, and with the exception of
 
10 such proceeds to be expended by the Office of Hawaiian affairs
 
11 under chapter 10, Hawaii Revised Statutes, in order to reimburse
 
12 the general fund for the appropriation made in part II of this
 
13 Act to the department of education for the support of public
 
14 schools, to the extent such proceeds are realized for the period
 
15 beginning July 1, 1999 to June 30, 2001.  The above proceeds
 
16 shall be exclusive of the amount disposed of under the provisions
 
17 of the Hawaiian Homes Commission Act of 1920, as amended.
 
18      SECTION 62.  All grants to private organizations in this Act
 
19 are made in accordance with the standard that the private
 
20 programs so funded yield direct benefits to the public and
 
21 accomplish public purposes.
 
22      SECTION 63.  Any law or provision to the contrary
 
23 notwithstanding, in allotting funds for social welfare programs,
 

 
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 1 education programs, and other programs and agencies having
 
 2 appropriations which are based on population and workload data as
 
 3 specified in the executive budget document, only so much as is
 
 4 necessary to provide the level of services intended by the
 
 5 legislature shall be allotted by the department of budget and
 
 6 finance.  For this purpose, agencies concerned shall reduce
 
 7 expenditures below appropriations under procedures prescribed by
 
 8 the department of budget and finance in the event actual
 
 9 population and workload trends are less than the figures so
 
10 specified.  In the event that the caseload trend is higher than
 
11 the specified figure or the reasonable average daily cost of
 
12 medical care for the needy and medically needy exceeds the
 
13 anticipated average sum per patient day, or the caseload trend or
 
14 average payments for money assistance payments is higher than the
 
15 specified figure, the governor is authorized to utilize savings
 
16 as may be available from any other state program for the purpose
 
17 of meeting the additional expenses of the social welfare program
 
18 of the department of human services.
 
19      SECTION 64.  With the approval of the director of finance,
 
20 the department of health may transfer to the department of human
 
21 services funds appropriated to the department of health for the
 
22 care and treatment of patients whenever the department of human
 
23 services can utilize such funds to match available federal funds
 

 
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 1 to finance the cost of outpatient, hospital, or skilled nursing
 
 2 home care of indigents or medical indigents.
 
 3      SECTION 65.  The department of human services is authorized
 
 4 to enter into agreements with the department of health to furnish
 
 5 outpatient, hospital, and skilled nursing home care of indigents
 
 6 or medical indigents and to pay the department of health for such
 
 7 care.  With the approval of the director of finance, the
 
 8 department of health may deposit part of such receipts into the
 
 9 appropriations from which transfers were made as provided
 
10 elsewhere in this Act.
 
11      SECTION 66.  Unless otherwise provided in this Act, the
 
12 governor is authorized to transfer operating funds between
 
13 appropriations with the same means of funding, within an
 
14 expending agency for operating purposes.
 
15      SECTION 67.  Except as otherwise provided in this Act, each
 
16 department or agency is authorized to transfer positions within
 
17 its respective authorized position ceiling, for the purpose of
 
18 maximizing the utilization of personnel resources and staff
 
19 productivity; provided further, that all such actions shall be
 
20 with the prior approval of the governor, and shall be consistent
 
21 with appropriations provided in this Act, and with provisions of
 
22 part II of chapter 37 of the Hawaii Revised Statutes.
 
23      SECTION 68.  Unless otherwise provided in this Act, the
 

 
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 1 governor is authorized to transfer operating savings between
 
 2 program appropriations with the same means of funding for
 
 3 authorized operating purposes.
 
 4      SECTION 69.  In the event that unanticipated federal funding
 
 5 cutbacks diminish or curtail essential, federally-funded state
 
 6 programs, the governor may utilize savings as determined to be
 
 7 available from other state programs for the purpose of
 
 8 maintaining such programs until the next legislative session.
 
 9      SECTION 70.  The governor is hereby authorized to establish
 
10 five permanent positions during each year of the fiscal biennium
 
11 1999-2001 to be allocated by the governor to any of the program
 
12 areas included in this Act as deemed proper; provided further
 
13 that no positions shall be established under this section to
 
14 implement any collective bargaining agreement signed after the
 
15 legislature adjourns sine die.
 
16      SECTION 71.  In the event the State should assume the direct
 
17 operation of any non-governmental agency receiving state funds
 
18 under the provisions of this Act, all such funds shall constitute
 
19 a credit to the State against the costs of acquiring all or any
 
20 portion of the property, real, personal, or mixed, of such
 
21 non-governmental agency.  This credit shall be applicable
 
22 regardless of when such acquisition takes place.
 
23      SECTION 72.  Where any agency is authorized by general law
 

 
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 1 to secure funds or other property from private organizations or
 
 2 individuals to be expended or utilized in connection with any
 
 3 authorized program, the agency, with the governor's approval, may
 
 4 enter into such undertaking, provided that the provisions of the
 
 5 undertaking comply with applicable State constitutional and
 
 6 statutory requirements.
 
 7      SECTION 73.  Except as otherwise provided by general law,
 
 8 negotiations for the purchase of land by state agencies shall be
 
 9 subject to the approval of the governor and the department of
 
10 land and natural resources, or other appropriate agency; provided
 
11 further that private lands may be acquired for the purpose of
 
12 exchange for federal lands when the department of land and
 
13 natural resources and the governor determine that such
 
14 acquisition and exchange are necessary for the completion of any
 
15 project specifically authorized by this Act.
 
16      SECTION 74.  Provided that statewide savings may be
 
17 transferred to the forest wildlife resource program (LNR 402) for
 
18 fire suppression purposes; provided further that funding shall
 
19 not exceed $300,000 in each fiscal year of fiscal biennium
 
20 1999-2001.
 
21      SECTION 75.  The governor is authorized to transfer savings
 
22 as may be available from the appropriated funds of any program in
 
23 this Act to supplement the appropriation for any other program in
 

 
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 1 this Act to cope with the effects of recession, unemployment,
 
 2 natural disasters, and other unforeseen emergencies; provided
 
 3 that the effects of recession, unemployment, natural disaster, or
 
 4 such emergencies create an urgent need to pursue a course of
 
 5 action which is in the best interest of the State.
 
 6      SECTION 76.  Except as otherwise provided, or except as
 
 7 prohibited by specific grant conditions, all federal or
 
 8 non-general fund reimbursements received by state programs shall
 
 9 be returned to the general fund, or other appropriate program
 
10 fund.
 
11      SECTION 77.  Provided that, of the respective appropriation
 
12 for each principal state department as defined by section 26-4,
 
13 Hawaii Revised Statutes, the sum of $2,500 in fiscal year
 
14 1990-2000 and the sum of $2,500 in fiscal year 2000-2001 shall be
 
15 made available in each department to be established as a separate
 
16 account for a protocol fund to be expended at the discretion of
 
17 the executive heads of such departments which are respectively
 
18 known as its directors, chairpersons, comptroller,
 
19 adjutant-general, superintendent, president, and attorney
 
20 general.
 
21      SECTION 78.  Except as otherwise provided, the appropriation
 
22 for the office of the governor (GOV 100) shall be expended at the
 
23 discretion of the governor.
 

 
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 1      SECTION 79.  Except as otherwise provided, the appropriation
 
 2 for the office of the lieutenant governor (LTG 100) shall be
 
 3 expended at the discretion of the lieutenant governor.
 
 4      SECTION 80.  With the approval of the governor, agencies
 
 5 that use appropriations authorized in part II of this Act for
 
 6 audit services, may delegate that responsibility and transfer
 
 7 funds authorized for that purpose to the internal post audit
 
 8 program (AGS 104), when it is determined by such agencies that it
 
 9 is advantageous to do so.
 
10      SECTION 81.  With the approval of the governor, expending
 
11 agencies that use appropriations authorized in part II of this
 
12 Act for repair and alterations, may delegate responsibility and
 
13 transfer funds to the construction program (AGS 221) for the
 
14 implementation of such repair and alterations, when it is
 
15 determined by such agencies that it is advantageous to do so.
 
16      SECTION 82.  Provided that the office of the governor shall
 
17 coordinate, prepare and submit a status report concerning
 
18 implementation of the Felix vs. Cayetano consent decree which
 
19 shall include by fiscal year, program and agency:  a) an
 
20 accounting of all "Felix" appropriations and/or allocations
 
21 appropriated and expended; b) new and ongoing "Felix" related
 
22 services provided; c) new and current "Felix" related personnel
 
23 and staff services employed; and d) the status of the state's
 

 
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 1 compliance with the consent decree to date; provided further that
 
 2 each report shall be submitted to the legislature no later than
 
 3 15 days after the end of each fiscal year of fiscal biennium
 
 4 1999-2001.
 
 5            PART VIII. MISCELLANEOUS AND EFFECTIVE DATE
 
 6      SECTION 83.  MISCELLANEOUS.  If any portion of this Act or
 
 7 its application to any person, entity, or circumstance is held to
 
 8 be invalid for any reason, then the legislature declares that the
 
 9 remainder of the Act and each and every other provision thereof
 
10 shall not be affected thereby.  If any portion of a specific
 
11 appropriation is held to be invalid for any reason, the remaining
 
12 portion shall be expended to fulfill the objective of such
 
13 appropriation to the extent possible.
 
14      SECTION 84.  In the event manifest clerical, typographical
 
15 or other mechanical errors are found in this Act, the governor is
 
16 hereby authorized to correct such errors.
 
17      SECTION 85.  Statutory material to be repealed is bracketed.
 
18 New statutory material in prior enacted laws is underscored.
 
19      SECTION 86.  EFFECTIVE DATE.  This Act shall take effect on
 
20 July 1, 1999.
 
21 
 
22                           INTRODUCED BY:  _______________________
 

 
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