PART III. PROGRAM APPROPRIATION PROVISIONS ECONOMIC DEVELOPMENT SECTION 4. Provided that for tourism (BED 113), the Hawaii tourism authority shall submit a detailed report for expenditures comparing budget appropriations to actual expenditures for fiscal years 2000-2001 and 2001-2002 (four months actual, eight months forecasted) with accompanying explanations for variances for Hawaii convention center debt service and operations; and provided further that this report shall be submitted to the legislature no later than twenty days prior to the convening of the 2002 regular session. SECTION 5. The Governor is authorized to transfer general fund savings as may be available from the appropriated funds of any program in this Act to tourism (BED 113), for the operation and events at the Hawaii convention center; and provided further that the total amount transferred shall not exceed $15,000,000. SECTION 6. Provided that of the general fund appropriation for agricultural resource management (AGR 141), the sum of $140,400 for fiscal year 2001-2002 and the sum of $140,400 for fiscal year 2002-2003 shall be deposited into the irrigation system revolving fund to be expended for purposes of the fund; provided further that the department of agriculture shall submit a progress report on efforts made toward program self- sufficiency; and provided further that this report shall be submitted to the legislature no later than twenty days prior to the convening of the 2002 and 2003 regular sessions. SECTION 7. Provided that of the general fund appropriation for agribusiness development and research (AGR 161), the sum of $190,558 for fiscal year 2001-2002 and the sum of $190,558 for fiscal year 2002-2003 shall be deposited into the Hawaii agricultural development revolving fund to be expended for purposes of the fund. TRANSPORTATION SECTION 8. Provided that of the special fund appropriations for the airports division (TRN 102-TRN 195), the following sums specified for special repair and maintenance projects for fiscal biennium 2001-2003, shall be expended for special repair and maintenance purposes only as follows: Program I.D. FY 2001-2002 FY 2002-2003 TRN 102 $ 3,860,000 $ 2,925,000 TRN 104 $ 475,000 $ 475,000 TRN 111 $ 1,590,000 $ 400,000 TRN 114 $ 675,200 $ 377,000 TRN 116 $ 92,500 $ -0- TRN 118 $ 15,000 $ -0- TRN 131 $ 1,528,000 $ 1,252,000 TRN 133 $ -0- $ 93,000 TRN 135 $ 158,000 $ 210,000 TRN 141 $ 380,000 $ 954,500 TRN 143 $ 150,000 $ 150,000 TRN 151 $ 641,200 $ 75,000 TRN 161 $ 1,577,500 $ 632,500; provided further that any unexpended funds shall be lapsed to the airport special fund; provided further that the department of transportation shall prepare a report on planned uses and actual expenditures of all special repair and maintenance appropriations as of June 30 for each fiscal year; and provided further that the report shall be submitted to the legislature no later than twenty days prior to the convening of the 2002 and 2003 regular sessions. SECTION 9. Provided that of the special fund appropriation for the airports division (TRN 102-TRN 195), the following sums specified for electricity costs for fiscal biennium 2001-2003 shall be expended for only electricity as follows: Program I.D. FY 2001-2002 FY 2002-2003 TRN 102 $ 11,164,799 $ 11,164,799 TRN 104 $ 327,887 $ 327,887 TRN 111 $ 907,610 $ 796,320 TRN 114 $ 1,008,000 $ 1,025,000 TRN 116 $ 17,000 $ 17,000 TRN 118 $ 4,700 $ 4,700 TRN 131 $ 1,721,466 $ 1,721,466 TRN 133 $ 5,710 $ 5,710 TRN 135 $ 36,500 $ 36,500 TRN 141 $ 32,476 $ 32,476 TRN 151 $ 147,821 $ 147,821 TRN 161 $ 1,280,000 $ 1,426,000; and provided further that any funds unexpended for this purpose shall lapse to the airport revenue fund. SECTION 10. Provided that of the special fund appropriation for airports administration (TRN 195), the sum of $87,735,787 for fiscal year 2001-2002 and the sum of $79,964,859 for fiscal year 2002-2003 shall be expended for the following purposes: Purpose FY 2001-2002 FY 2002-2003 Interest and principal on general obligation bonds $ 404,909 $ 304,436 Interest and principal on revenue bonds $ 87,330,878 $ 79,660,423; and provided further that any funds not expended for these purposes shall be lapsed to the airport special fund. SECTION 11. Provided that of the special fund appropriations for the harbors division (TRN 301-TRN 395), the following sums specified for special repair and maintenance projects for fiscal biennium 2001-2003, shall be expended for special repair and maintenance purposes only as follows: Program I.D. FY 2001-2002 FY 2002-2003 TRN 301 $ 3,714,000 $ 3,491,000 TRN 303 $ 181,000 $ 181,000 TRN 305 $ 322,000 $ 303,000 TRN 311 $ 608,000 $ 740,000 TRN 313 $ 303,000 $ 284,000 TRN 331 $ 604,000 $ 796,000 TRN 341 $ 194,000 $ 214,000 TRN 351 $ -0- $ -0- TRN 361 $ 714,000 $ 630,000 TRN 363 $ 251,000 $ 262,000 TRN 395 $ -0- $ -0- ; provided further that any unexpended funds shall be lapsed to the state harbor fund; provided further that the department of transportation shall prepare a report on planned uses and actual expenditures of all special repair and maintenance appropriations as of June 30 for each fiscal year; provided further this report shall include the previous fiscal year; and provided further that the report shall be submitted to the legislature no later than twenty days prior to the convening of the 2002 and 2003 regular sessions. SECTION 12. Provided that of the special fund appropriation for harbors division (TRN 301-TRN 395), the following sums specified for electricity costs for fiscal biennium 2001-2003 shall be expended for only electricity as follows: Program I.D. FY 2001-2002 FY 2002-2003 TRN 301 $ 475,000 $ 485,000 TRN 303 $ 31,000 $ 31,000 TRN 305 $ 90,000 $ 90,000 TRN 311 $ 25,000 $ 25,000 TRN 313 $ 15,000 $ 15,000 TRN 331 $ 100,000 $ 100,000 TRN 341 $ 8,000 $ 8,000 TRN 361 $ 74,591 $ 74,591 TRN 363 $ 6,271 $ 6,271; and provided further that any funds unexpended for this purpose shall lapse to the harbor revenue fund. SECTION 13. Provided that of the special fund appropriation for harbors administration (TRN 395), the sum of $23,855,000 for fiscal year 2001-2002 and the sum of $25,044,000 for fiscal year 2002-2003 shall be expended for the following purposes: Purpose FY 2001-2002 FY 2002-2003 Interest and principal on general obligation bonds $ 487,000 $ 62,000 Interest and principal on revenue bonds $23,368,000 $24,982,000; and provided further that any funds not expended for these purposes shall be lapsed to the harbor special fund. SECTION 14. Provided that of the special fund appropriations for harbors administration (TRN 395), the sum of $500,000 in fiscal year 2001-2002 and the sum of $500,000 in fiscal year 2002-2003 shall be expended from the environmental contingency fund for cleanups of oil spillage in harbors; and provided further that such expenditures shall be used only for those spillages resulting from existing underground pipeline leaks. SECTION 15. Provided that of the special fund appropriations for the highways division (TRN 501-TRN 595), the following sums specified for special repair and maintenance projects for fiscal biennium 2001-2003, shall be expended for special repair and maintenance purposes only as follows: Program I.D. FY 2001-2002 FY 2002-2003 TRN 501 $22,085,000 $20,814,000 TRN 511 $11,105,000 $10,418,000 TRN 531 $ 7,385,304 $ 9,108,545 TRN 541 $ 2,736,000 $ 2,666,000 TRN 551 $ 573,000 $ 517,000 TRN 561 $ 6,114,535 $ 6,476,534 TRN 595 $ 50,000 $ -0- ; provided further that any unexpended funds shall be lapsed to the state highway fund; provided further that the department of transportation shall prepare a report on planned uses and actual expenditures of all special repair and maintenance appropriations as of June 30 for each fiscal year; provided further this report shall include the previous fiscal year; and provided further that the report shall be submitted to the legislature no later than twenty days prior to the convening of the 2002 and 2003 regular sessions. SECTION 16. Provided that of the special fund appropriation for highways division (TRN 501-TRN 597), the following sums specified for electricity costs for fiscal biennium 2001-2003 shall be expended for only electricity as follows: Program I.D. FY 2001-2002 FY 2002-2003 TRN 501 $ 3,375,000 $ 3,375,000 TRN 511 $ 254,000 $ 259,000 TRN 531 $ 810,738 $ 973,108 TRN 541 $ 32,000 $ 32,000 TRN 551 $ 1,500 $ 1,500 TRN 561 $ 270,262 $ 270,262 TRN 597 $ 20,800 $ 22,000; and provided further that any funds unexpended for this purpose shall lapse to the highways revenue fund. SECTION 17. Provided that of the special fund appropriation for highways administration (TRN 595), the sum of $46,664,132 for fiscal year 2001-2002 and the sum of $51,891,036 for fiscal year 2002-2003 shall be expended for the following purposes: Purpose: FY 2001-2002 FY 2002-2003 Interest and principal on general obligation bonds $24,748,228 $23,218,694 Interest and principal on revenue bonds $21,915,904 $28,672,342; and provided further that any funds not expended for this purpose shall be lapsed to the state highway fund. ENVIRONMENTAL PROTECTION SECTION 18. Provided that of the general fund appropriation for forests and wildlife resources (LNR 402), the sum of $180,000 for fiscal year 2001-2002 and the sum of $150,000 for fiscal year 2002-2003 shall be expended for the purposes of invasive species committees; and provided further that progress reports concerning the effectiveness of invasive species programs, amounts expended for the programs broken down by cost element, means of finance, and island, and justification for all expenditures on invasive species programs shall be submitted to the legislature no later than twenty days prior to the convening of the 2002 and 2003 regular sessions. SECTION 19. Provided that of the special fund appropriation for water resources (LNR 404), the sum of $12,400 for fiscal year 2001-2002 shall be expended for the coordination and incorporation of the state agriculture water use and development plan into the state water projects plan; and provided further that a detailed expenditure report and progress report of this study shall be submitted to the legislature no later than twenty days prior to the convening of the 2002 regular session. SECTION 20. Provided that of the general fund appropriation for the water resources (LNR 404), the council on water resource management shall submit a detailed report on the progress of establishing the reasonable cost to be assessed to the permitees as defined by Water Use Permit Applications (Waiahole Ditch) 94 Hawaii 97 (2000); provided further that this report shall include a listing of all meetings to determine reasonable cost, any signed agreement between both parties once a reasonable cost has been established, reasons explaining delays in establishing a reasonable cost, if any, and the estimate of cost including a detailed breakdown of the cost and procedures, to comply with the Hawaii supreme court in-stream flow survey; and provided further that the report shall be submitted to the legislature no later than twenty days prior to the 2002 regular session. HEALTH SECTION 21. Provided that of the federal fund appropriation for environmental management (HTH 840), the sum of $50,000 for fiscal year 2001-2002 and the sum of $50,000 for fiscal year 2002-2003 shall be expended to establish an assessment and monitoring program to evaluate any impact to the drinking water in the Makua Valley area due to military activities conducted within the Makua Military Reservation; provided further that the department of health shall work with the military to establish the assessment and monitoring program; provided further that the department of health shall submit a detailed report on the progress of assessing the impact of military activities on the drinking water located in the Makua Military Reservation within Makua Valley and the criteria established with the military to monitor the drinking water supply located in Makua Valley; and provided further that this report shall be submitted to the legislature no later than twenty days prior to the convening of the 2002 and 2003 regular sessions. SECTION 22. Provided that the developmental disabilities division (HTH 501), shall prepare and submit a detailed progress report on the implementation of the Makin settlement for fiscal biennium 2001-2003; provided further that the report states specifically the progress made by the case managers in working with individuals and families to coordinate individualized planning, admissions, and access to services to meet settlement timelines; provided further that the report shall include, but not be limited to, the following information: (1) The actual number of individuals served and types of services provided for fiscal year 2001 and fiscal year 2002 actual and projected; (2) The number of individuals who are currently on the waitlist for services for fiscal year 2001 and fiscal year and fiscal year 2002 actual and projected; and (3) The number of individuals removed from the waitlist for fiscal year 2001 and fiscal year 2002 actual and projected; and provided further that the report shall be submitted to the legislature no later than twenty days after each quarter of fiscal year 2002 and 2003. SECTION 23. Provided that of the general fund appropriation for children with special health needs services (HTH 530), the sum of $2,134,503 for fiscal year 2001-2002 and the sum of $2,134,503 for fiscal year 2002-2003 may be expended for operating expenses and positions, fee-for-service, and purchase of service contracts; provided further that the early intervention services administration shall prepare and submit a detailed progress report, including all expenditures, on the services provided and actual number of children served for the early intervention administration; provided further that the report include a report on the projected number of children versus the actual number of children served by month for the entire fiscal year; provided further that the report include projected expenditures versus the actual expenditures by month for the entire fiscal year; and provided further that the report shall be submitted to the legislature no later than twenty days prior to the convening of the 2002 regular session. SECTION 24. Provided that of the general fund appropriation for children with special health needs services (HTH 530), the sum of $68,572 and two permanent positions (data processing systems analyst and data processing user support technician) for fiscal year 2001-2002 and the sum of $68,572 and two permanent positions (data processing systems analyst and data processing user support technician) for fiscal year 2002- 2003 shall be expended to increase user support to support data processing needs for the early intervention services administration; provided further that the children with special health needs services shall submit a detailed status report on the technical progress made in addressing the Felix contempt order; provided further that the progress report include statistical information on encounter data obtained for QUEST reimbursements and the amount of QUEST funds received for fiscal years 2001, 2002 and 2003 as a result of these additional positions; and provided further that the report shall be submitted to the legislature no later than twenty days prior to the convening of the 2002 and 2003 regular sessions. SECTION 25. Provided that of the general fund appropriation for maternal and child health services (HTH 550), the sum of $10,506,539 for 2001-2002 and the sum of $14,047,925 for 2002-2003 shall be expended for contract services for home visitation to support the healthy start program; provided further that a detailed progress report on the number of clients served and services provided for contract services; provided further that the report include projected population versus actual population by month for fiscal years 2001, 2002 and 2003; provided further that the report include projected expenditures versus actual expenditures by month for fiscal years 2001, 2002 and 2003; and provided further that the report shall be submitted to the legislature no later than twenty days prior to the convening of the 2002 and 2003 regular sessions. SECTION 26. Provided that of the general fund appropriation for health resources administration (HTH 595), the sum of $307,699 for three permanent positions (data processing systems analyst V; data processing systems analyst IV; and data processing user technician), computers, equipment, and consultant services for fiscal year 2001-2002 and the sum of $297,899 for three permanent positions (data processing systems analyst V; data processing systems analyst IV; and data processing user technician) for fiscal year 2002-2003 shall be expended to begin the process of planning, designing, and developing infrastructure support for the developmental disabilities administration to convert the division to an all- electronic office and expand the information system to support the implementation of the Makin settlement; provided further that the developmental disabilities administration shall prepare a status report on the progress made in upgrading the technology infrastructure of developmental disabilities division to meet the settlement timeliness; and provided further that the report shall be submitted to the legislature no later than twenty days prior to the convening of the 2002 and 2003 regular sessions. SECTION 27. Provided that the health resources administration (HTH 595), shall prepare and submit a detailed status report of the funds expended by the department of health for health promotion and disease prevention programs, including but not limited to, maternal child health and child development program, promotion of healthy lifestyles, and prevention oriented public health programs, from the tobacco settlement fund, including all expenditures, and any allocation of funds for the state children’s health insurance program; provided that the report shall be submitted on the expected and actual revenue, national total and Hawaii's share, from the master settlement agreement; and provided further that the report shall be submitted to the legislature no later than twenty days prior to the convening of the 2002 and 2003 regular sessions. SECTION 28. Provided that the Hawaii health systems corporation (HTH 210), shall submit detailed financial statements (balance sheet, statement of revenue and expenses, and sources and uses of cash) by facility and in total, comparing projected revenues to the actual revenues and budgeted expenditures to actual expenditures for fiscal year 2000-2001 and for fiscal year 2001-2002 (four months actual, eight months forecasted) with accompanying explanations for variances to highlight the financial and operational achievements and shortfalls of the Hawaii health systems corporation; and provided further that these reports shall be submitted to the legislature no later than twenty days prior to the convening of the 2002 regular session. SECTION 29. With the approval of the director of finance, the Hawaii health systems corporation (HTH 210), attached to the department of health may transfer to the department of human services funds appropriated to the Hawaii health systems corporation for the care and treatment of patients whenever the department of human services can utilize such funds to match federal funds which may be available to help finance the cost of outpatient, acute hospital, or long-term care of indigents or medical indigents in designated Hawaii health systems corporation critical access hospitals. SECTION 30. Provided that of the general fund appropriation for private hospitals and medical services (SUB 601), the sum of $2,535,000 for fiscal year 2001-2002 shall be expended for subsidies for the following: Facility FY 2001-2002 Hana health center $750,000 Molokai general hospital $700,000 Waianae comprehensive health $735,000 Kahuku hospital $350,000; and provided further that any funds not expended for these purposes shall be lapsed to the general fund. SECTION 31. Provided that of the general fund appropriation for adult mental health – outpatient (HTH 420), the sum of $8,171,573 for fiscal year 2001-2002 and the sum of $14,471,573 for fiscal year 2002-2003 shall be used to obtain additional community-based services for individuals discharged or diverted from the Hawaii state hospital; provided further that the behavioral health services administration shall be responsible for developing an implementation plan to assist the State in seeking federal money to help pay for developing community housing for the mentally ill for the adult mental health – outpatient (HTH 420); provided further that the behavioral health services administration shall be responsible for submitting a detailed quarterly progress report to the legislature to ensure fiscal accountability on the use of funds for community-based services; specifically, the report to the legislature shall include but not be limited to the following: (1) Progress made in developing an appropriate array of community services for patients discharged or diverted from the state hospital; and (2) Provide an assessment of the available capacity for services in the community and level of service utilization; provided further that the behavioral health services administration shall be responsible for preparing and submitting detailed quarterly expenditure reports concerning the purchase of community-based adult mental health services; provided further that the report shall include but not be limited to, the following information: (1) The number of discharged and diverted patients entering the system by month; (2) The amount of funds expended by type of service; and (3) The amount of funds expended by provider; and provided further that the report shall be submitted to the legislature no later than thirty days after the end of each state of Hawaii fiscal quarter during fiscal year 2001-2002. SECTION 32. Provided that the alcohol and drug abuse division (HTH 440), shall prepare and submit a detailed report on the purchase of substance abuse services, the number of individuals in the criminal justice population served, by category, and the success and recidivism rate for each population category; and provided further that this report shall be submitted to the legislature no later than twenty days prior to the convening of the 2002 and 2003 regular sessions. SECTION 33. Provided that the child and adolescent mental health division (HTH 460), shall prepare and submit a report on mental health services; provided further that the report shall include, but not be limited to, the following information: (1) The number of “high-end” Felix class children and adolescents served; (2) The number of “moderate” Felix class children and adolescents served; (3) The number of “low-end” Felix class children and adolescents served; (4) Average expenditure by Felix class children and adolescents; (5) Average hours of services by Felix class children and adolescents; (6) Treatment outcome and performance reports on each service provided by Felix class children and adolescents; (7) Success rate of Felix class children and adolescents; (8) The number of discharged Felix class children and adolescents; (10) Caseload report per total available mental health care coordinator (filled or vacant positions) and including those positions acting as mental health care coordinators; and (11) Total number of exempt positions and its related civil service position, if any, and a comparison of exempt salary versus civil service salary for each position listed; and provided further that the report shall be submitted to the legislature twenty days after the end of each quarter during the fiscal biennium 2001–2003. SECTION 34. Provided that the department of health shall notify the Legislature on a monthly basis of expenditures relative to the Felix Consent Decree made to the United States Ninth District Court, the Felix Special Monitor, the Felix Monitoring Project, or any another agent of the United States Judiciary. SECTION 35. Provided that of the general fund appropriation for child and adolescent mental health (HTH 460) for services to juvenile sex offenders, the sum of $25,000 for fiscal year 2001-2002 shall be expended to relocate the juvenile sex offender residential treatment facility from Pearl City to the preferred site identified in the January 2001 site selection study by Kimura International; provided further that the relocation of the juvenile sex offender residential treatment facility from its current site shall occur no later than June 30, 2002. SECTION 36. Provided that of the general fund appropriation for behavioral health services administration (HTH 495), the sum of $1,779,388 for fiscal year 2001-2002 and the sum of $1,779,388 for fiscal year 2002-2003 shall be expended for temporary positions to support the efforts of the child and adolescent mental health division to comply with the revised Felix consent decree; provided further that the behavioral health services administration shall prepare and submit to the legislature a detailed quarterly expenditure report on projected and actual expenditures; and provided further that the report shall be submitted to the legislature twenty days after the end of each quarter during fiscal biennium 2001-2003. HUMAN SERVICES SECTION 37. Provided that of the general fund appropriation for Child Welfare Services (HMS 301), the amount of $642,614 for fiscal year 2001-2002 and $627,342 for fiscal year 2002-2003 shall be expended for Multi-Agency Case Coordinators and Case Support Aides; and provided further that the department of human services shall submit a report to the legislature no later than twenty days prior to the convening of the 2002 and 2003 regular sessions that shall include, but not be limited to, the following information: (1) The availability of federal funding in support of this initiative, including the amount of this funding and how the department of human services could receive this funding; and (2) The number of children aided by the services provided by this initiative and the capacity of service provided by this initiative. SECTION 38. Provided that of the general fund appropriation for child placement board and related client payments (HMS 303), the sum of $9,941,842 for fiscal year 2001- 2002 and $11,251,324 for fiscal year 2002-2003 shall be expended for room and board payments for foster, relative, pre-adoption, group home, and bed holding services; and provided further that the department of human services shall submit a report to the legislature on the number of children who receive adoption assistance or difficulty of care payments and the amount of these payments for the previous fiscal year and the current fiscal year (four months actual and eight months forecasted) no later than twenty days prior to the convening of the 2002 and 2003 regular sessions. SECTION 39. Provided that of the general fund appropriation for health care payments (HMS 230), the sum of $38,276,022 for fiscal year 2001-2002 and the sum of $46,211,534 for fiscal year 2002-2003 shall be expended for prescription drugs for fee-for-service clients; provided further that the department shall not restrict, by any prior or retroactive approval process, restrictive formulary, therapeutic substitution, or preferred drug list, a physician's ability to treat a mental health consumer with an atypical anti-psychotic medication that has been approved and designated as safe and effective by the Food and Drug Administration, and which the physician in his professional judgement and within the lawful scope of his practice, he considers appropriate for the treatment of a mental health consumer; provided further that any unexpended funds shall lapse to the general fund; provided further that the department of human services shall submit a report that shall include, but not be limited to: 1. all expenditures made by prescription drug, 2. the number of recipients by type of drug prescribed, and 3. possible cost containment measures; and provided further that this report shall be submitted to the legislature no later than twenty days prior to the 2002 and 2003 regular sessions. SECTION 40. Provided that of the general fund appropriation for home and community-based care services (HMS 603), the sum of $11,031,319 for fiscal year 2001-2002 and the sum of $11,031,319 for fiscal year 2002-2003 shall be expended for the nursing home without walls and residential alternative community care programs; provided further that the department of human services shall submit a report on the number of clients receiving services and projected to receive services, the number of individuals requesting services or on any waitlists, and the number of individuals in the State that qualify for these services; and provided further that this report shall be submitted to the legislature no later than twenty days prior to the 2002 and 2003 regular sessions. SECTION 41. Provided that of the general fund appropriation for child support enforcement services (ATG 500), the sum of $50,000 for fiscal year 2001-2002; and that of the federal fund appropriation for child support enforcement services (ATG 500), the sum of $97,059 for fiscal year 2001-2002 shall be expended for a comprehensive study of the automated child support enforcement (KEIKI) system; provided further that this study shall be conducted by the Office of the Auditor; provided further the department of the Attorney General shall transfer the sum of $147,059 in the first quarter of fiscal year 2001- 2002 to the Office of the Auditor to conduct this study; provided further this report shall include, but not be limited to, the following information: (1) Status and measures of effectiveness of the implementation of the automated child support enforcement (KEIKI) system, (2) Effectiveness of the agency in addressing problems of erroneous determinations, clients’ inability to reach child support enforcement agency staff by telephone, and other client problems, (3) Review child support enforcement systems in other States where Child Support Enforcement has been successful, (4) Recommendations on a plans of action with set goals, measures of effectiveness and time lines, to dramatically improve the child support enforcement agency to include possible changes to the organization or position to improve the structure of this agency; and provided further that the Office of the Auditor shall submit this report to the legislature no later than twenty days prior to the convening of the 2002 regular session. SECTION 42. Provided that the health resources administration (HTH 904), shall prepare and submit an expenditure report for kupuna care and elderly abuse services and the number of individuals served for fiscal year 2001-2002 and fiscal year 2002-2003; and provided further that this report shall be submitted to the legislature no later than twenty days prior to the convening of the 2002 and 2003 regular sessions. EDUCATION SECTION 43. Provided that of the general fund appropriation for school-based budgeting (EDN 100), the sum of $107,397,431 for fiscal year 2001-2002 and the sum of $114,602,055 for fiscal year 2002-2003 shall be used to pay for health fund benefits for department of education employees and transferred to the program planning, analysis and budgeting program (BUF 101) of the department of budget and finance for that purpose; and provided further that the funds shall be transferred no later than July 16 of each respective fiscal year. SECTION 44. Provided that of the general fund appropriation for school-based budgeting (EDN 100), the sum of $117,646,768 for fiscal year 2001-2002 and the sum of $134,773,597 for fiscal year 2002-2003 shall be used to pay for debt service on general obligation bonds issued for department of education projects and shall be transferred to the financial administration program (BUF 115) of the department of budget and finance for that purpose; and provided further that the funds shall be transferred no later than July 16 of each respective fiscal year. SECTION 45. Provided that of the general fund appropriation for school-based budgeting (EDN 100), the sum of $44,978,086 and $62,038,907 for 2001-2002 and 2002-2003 respectively shall be used to pay for pension accumulation contributions for department of education employees; provided further that the sum of $54,842,386 and $55,816,091 for 2001- 2002 and 2002-2003 respectively shall be used to pay for social security/Medicare contributions for department of education employees; provided further that the amounts shall be transferred to the retirement program (BUF 141), of the department of budget and finance for that purpose; and provided further that the funds shall be transferred no later than July 16 of each respective fiscal year. SECTION 46. Provided that of the general fund appropriation for school based budgeting (EDN 100), $75,000 for fiscal year 2001-2002 and the sum of $75,000 for fiscal year 2002-2003 shall be expended for Frank Delima's School Enrichment Program. SECTION 47. Provided that of the general fund appropriation for school based budgeting (EDN 100), the sum of $1,043,833 for fiscal year 2001-2002 and the sum of $1,043,833 for fiscal year 2002-2003 shall be expended for the youth challenge academy program administered by the department of defense; provided further that the department of defense shall submit a report of the revenues and expenditures with justification for each and include department benchmarks to rate the program’s performance and efficiency; and provided further that this report shall be submitted to the legislature no later than twenty days prior to the 2002 and 2003 regular sessions. SECTION 48. Provided that of the general fund appropriation for school based budgeting (EDN 100), the sum of $45,000 for fiscal year 2001-2002 and the sum of $45,000 for fiscal year 2002-2003 shall be expended for youth leadership programs for Hilo High, Kalanianaole Elementary and Intermediate, Laupahoehoe High, Paauilo Intermediate, Honokaa Elementary and High, Keeau Middle, and Waiakea Intermediate and High. SECTION 49. Provided that of the general fund appropriations for school based budgeting (EDN 100) the following fiscal year 2002-2003 cost items shall be considered non-recurring cost items: 1. Equipment for new facilities $845,530, 2. Equipment for new portable facilities $408,000, 3. Equipment and textbooks for new $656,190 special education; and provided further that the aforementioned cost items shall be reduced by the appropriate amount at the beginning of fiscal biennium 2003-2005. SECTION 50. Provided that of the general fund appropriations for school and district administration (EDN 300) the fiscal year 2002-2003 appropriation for criminal history record checks shall be considered a non-recurring cost item; and provided further that the aforementioned cost items shall be reduced by the appropriate amount at the beginning of fiscal biennium 2003-2005. SECTION 51. Provided that the department of education shall submit a detailed report on the department's progress toward meeting the requirements of the Felix Response Plan to include four months actual expenditures and eight months projected expenditures for the current fiscal year, the number of benchmarks met, a listing of those benchmarks not met and estimated dates of their completion, the expenditures (five months actual and seven months projected) for the 12 Felix Response Plan items broken down by cost element, the progress of school based mental health services implementation, the quantity of children served by complex, the number of schools in compliance and identification of schools not in compliance, a progress report on expenditures and development of the integrated special education database, description of efforts made by the department to meet the requirements of the Felix Response Plan in the most cost efficient manner possible; and provided further that the report shall be submitted to the legislature no later than twenty days prior to the convening of the 2002 and 2003 regular sessions. SECTION 52. Provided that comprehensive school support services (EDN 150), shall submit a detailed report to the legislature in regards to the recruitment and hiring of personnel required by the department of education for mental health services; and provided further that the report shall be transmitted to the legislature on the first working day of each month. SECTION 53. Provided that the department of education shall notify the legislature on a monthly basis on all expenditures to date relative to the Felix Consent Decree made to the United States Ninth District Court, the Felix Special Monitor, the Felix Monitoring Project, or any another agent of the United States Judiciary. SECTION 54. Provided that of the general fund appropriation for physical plant and operations (AGS 807) the sum of $24,348 and the sum of $24,348 for fiscal year 2002-2003 shall be expended for the salary of position number 03869. HIGHER EDUCATION SECTION 55. Provided that of the general fund appropriation for the University of Hawaii, Manoa (UOH 100), the sum of $75,000 for fiscal year 2001-2002 and the sum of $75,000 for fiscal year 2002-2003 shall be used to conduct research and analysis of state fiscal policy issues and to study the feasibility of establishing an interdisciplinary program on public policy instruction, research, and service at the University of Hawaii at Manoa. SECTION 56. Provided that of the general fund appropriation for the university of Hawaii community colleges (UOH 800), the sum of $144,644 for fiscal year 2002-2003 shall be expended for the establishing and staffing of the Pearl Harbor satellite campus in conjunction with the Pearl Harbor naval shipyard apprenticeship program; and provided further that funding shall not be released until a contract has been executed between the university of Hawaii community colleges and the Pearl Harbor naval shipyard apprenticeship program delineating each party’s benefits and responsibilities in establishment of this satellite campus. SECTION 57. Provided that of the general fund appropriation for systemwide support (UOH 900), the sum of $39,148,874 for fiscal year 2001-2002 and the sum of $41,721,567 for fiscal year 2002-2003 shall be used to pay for health fund benefits for university of Hawaii employees and transferred to the program planning, analysis and budgeting program (BUF 101) of the department of budget and finance for that purpose; and provided further that the funds shall be transferred no later than July 16 of each respective fiscal year. SECTION 58. Provided that of the general fund appropriation for systemwide support (UOH 900), the sum of $54,298,508 for fiscal year 2001-2002 and the sum of $62,203,199 for fiscal year 2002-2003 shall be used to pay for debt service on general obligation bonds issued for university of Hawaii projects and transferred to the financial administration program (BUF 115) of the department of budget and finance for that purpose; and provided further that the funds shall be transferred no later than July 16 of each respective fiscal year. SECTION 59. Provided that of the general fund appropriation for systemwide support (UOH 900), the sum of $18,852,954 and $26,004,144 for fiscal year 2001-2002 and 2002- 2003 respectively shall be used to pay for pension accumulation contributions for university of Hawaii employees; provided further that the sum of $21,995,891 and $22,386,420 for fiscal year 2001-2002 and 2002-2003 respectively shall be used to pay for social security/Medicare contributions for university of Hawaii employees; provided further that the amounts shall be transferred to the retirement program (BUF 141), of the department of budget and finance for that purpose; and provided further that the funds shall be transferred no later than July 16 of each respective fiscal year. SECTION 60. Provided that of the general fund appropriation to the university of Hawaii systemwide support (UOH 900), the sum of $6,000,000 for fiscal year 2001-2002 shall be expended as a lump-sum appropriation as prescribed by law or university policy for non-recurring costs, except that the sum of $1,009,421 for fiscal year 2001-2002 shall be expended for the establishment of the Mauna Kea management authority and the sum of $1,000,000 for the department of information and computer sciences; provided further that a report of expenditures (four month actual and eight months projected) shall be submitted to the legislature no later than twenty days prior to the convening of the 2002 regular sessions. CULTURE AND RECREATION SECTION 61. Provided that of the federal fund appropriation for historic preservation (LNR 802), the sum of $50,000 for fiscal year 2001-2002 and the sum of $50,000 for fiscal year 2002-2003 shall be expended to establish an assessment and monitoring program of cultural sites and burial remains in the Makua Valley on O’ahu; provided further that the department of land and natural resources shall work with the military to establish the assessment and monitoring program; provided further that the department of land and natural resources shall submit a detailed report on the progress of assessing the cultural sites and burial remains in Makua Valley and the criteria established with the military to monitor these cultural sites and burial remains located in Makua Valley; and provided further that this report shall be submitted to the legislature no later than twenty days prior to the convening of the 2002 and 2003 regular sessions. SECTION 62. Provided that of the special fund appropriation for ocean based recreation (LNR 801), the sum of $2,000,000 for fiscal year 2001-2002 and the sum of $3,000,000 for fiscal year 2002-2003 shall be expended on repair and maintenance for small boat harbor facilities; provided further that the appropriation shall not be used for any other purpose; and provided further that a report shall be submitted detailing all backlogs pertaining to repair and maintenance and expenditures made to reduce the backlogs for the period July 1, 2000 to December 15, 2001 to the legislature no later than twenty days prior to the convening of the 2002 regular session. SECTION 63. Provided that of the special fund appropriation for spectator events and shows-aloha stadium (AGS 889), the sum of $2,500 for fiscal year 2001-2002 may be expended at the discretion of the stadium manager for promotion and other stadium-related purposes. PUBLIC SAFETY SECTION 64. Provided that of the general fund appropriation for intake services (PSD 410), corrections programs (PSD 420), and Hawaii paroling authority-supervision and counseling (PSD 612), the sum of $470,679 for fiscal year 2001-2002 and $459,993 for fiscal year 2002-2003 shall be expended for substance abuse treatment and job development programs for the pretrial, incarcerated, and parolee populations; provided further that any unexpended funds shall lapse to the general fund; and provided further that the department of public safety shall submit a report on all services provided and expenditures for the previous fiscal year, and actual and planned expenditures for fiscal years 2002 and 2003, to the legislature no later than twenty days prior to the 2002 and 2003 regular sessions. SECTION 65. Provided that of the general fund appropriation for general administration (PSD 900), the sum of $24,716,470 for fiscal year 2001-2002 and the sum of $25,262,054 the fiscal year 2002-2003 shall be expended for the renewed mainland prison contracts for transportation and necessary operating costs of housing; provided further that any unexpected funds shall lapse into the general fund; provided further that the department of public safety shall submit a report of all expenditures made for the mainland prisoners for fiscal year 2001-2002 and fiscal year 2002-2003; and provided further that this report shall be submitted to the legislature no later than twenty days prior to the 2002 and 2003 regular sessions. SECTION 66. Provided that of the general fund appropriation for general administration (PSD 900), the sum of $2,457,000 for fiscal year 2001-2002 and the sum of $3,285,000 for fiscal year 2002-2003 shall be expended for the housing of 100 pre-trial detainees at the Hawaii based Federal Detention Center; provided further that the department of public safety shall provide a report to the legislature concerning its actions surrounding the transportation of additional inmates to mainland facilities to make available more pre-trial detainee space, the total cost including transportation and housing an inmate on the mainland versus renting bed space at the federal detention center, and a detailed breakdown of the criteria used to select which inmates are eligible to be moved to mainland facilities; and provided further that this report shall be submitted to the legislature no later than twenty days prior to the 2002 regular session. SECTION 67. Provided that of the general fund appropriation for amelioration of physical disasters (DEF 110), the sum of $597,000 for fiscal year 2001-2002 and the sum of $597,000 for fiscal year 2002-2003 shall be expended exclusively for relief from major disasters pursuant to chapter 127-11, Hawaii Revised Statutes. INDIVIDUAL RIGHTS SECTION 68. Provided that of the trust fund appropriation for the insurance regulatory services (CCA 106), the sum of $1,000,000 or as much there of as needed for fiscal year 2001- 2002 shall be expended for the purpose of over-payment reimbursements to the payees of the commissioners education trust fund; provided further that any unrequired or unencumbered funds shall be lapsed to the trust fund. SECTION 69. Provided that of the special fund appropriation for conveyances and recordings (LNR 111), the sum of $100,000 for fiscal year 2001-2002 and $100,000 for fiscal year 2002-2003 shall be expended for equipment modernization; provided further that a detailed report to the legislature on the progress towards completion of modernization of the bureau of conveyances shall be submitted including, but not limited to the following: (1) A listing of all equipment still in need of replacement; (2) Processes that equipment modernization has made more efficient to date; (3) Processes modernization will make more efficient in the near future; and, (4) Processes that additional equipment modernization will make more efficient; and provided further that this report shall be submitted to the legislature no later than twenty days prior to the convening of the 2002 regular session. GOVERNMENT-WIDE SUPPORT SECTION 70. Provided that of the general fund appropriation for the office of the governor (GOV 100), the sum of $15,000 in fiscal year 2001-2002 shall be used for the governor's "contingent fund" pursuant to section 37-71(f) of the Hawaii Revised Statutes; and provided further that such funds may be transferred to other programs and agencies and allotted, with the approval of the governor, to meet contingencies as they arise. SECTION 71. Provided that of the general fund appropriation for the office of the governor (GOV 100), the sum of $50,000 for fiscal year 2002-2003 shall be expended for the gubernatorial transition; provided further that the funds shall not be expended for any other purpose; provided further that any unexpended funds shall lapse to the general fund; and provided further that the director of finance shall submit a report of all expenditures and lapses to the legislature no later than twenty days prior to the convening of the 2003 regular sessions. SECTION 72. Provided that of the general fund appropriation for the office of the lieutenant governor (LTG 100), the sum of $100,000 for fiscal year 2001-2002 and the sum of $100,000 for fiscal year 2002-2003 shall be expended for the pre-plus early education program; and provided further that the office of the lieutenant governor shall submit a report of all expenditures to the legislature no later than twenty days prior to the convening of the 2002 and 2003 regular sessions. SECTION 73. Provided that of the general fund appropriation for the office of the lieutenant governor (LTG 100), the sum of $100,000 for fiscal year 2001-2002 and the sum of $100,000 for fiscal year 2002-2003 shall be expended for efforts towards economic development in Hilo; and provided further that the office of the lieutenant governor shall submit a report of all expenditures to the legislature no later than twenty days prior to the convening of the 2002 and 2003 regular session. SECTION 74. Provided that of the special fund appropriation for economic planning and research (BED 130), the sum of $1,200,000 for fiscal year 2001-2002 shall be expended to study the carrying capacity of Hawaii for tourism; and provided further that a progress report of this study shall be submitted to the legislature no later than twenty days prior to the convening of the 2002 and 2003 regular sessions. SECTION 75. Provided that of the general fund and inter- departmental transfer funds appropriated for program planning, analysis and budgeting (BUF 101), the sums of $122,009,632 and $156,323,254, respectively for fiscal year 2002-2003, or so much thereof as shall be necessary, shall be expended for the State employers share of health premiums for active employees and retirees; provided further that the Hawaii public employees health fund shall only contract for and offer health benefit and insurance plans that satisfy the objectives of chapter 87, Hawaii Revised Statutes; and provided further that the total aggregate costs of the plans contracted for and offered to active employees and retirees in fiscal year 2002-2003 shall not exceed the total aggregate amount appropriated for the state employers' share of that fiscal year adjusted for active and retiree enrollment levels; provided further that funds shall not be expended for any other purpose; and provided further that any unexpended funds shall lapse to the general fund. SECTION 76. Provided that the geographic information system equipment and software purchased by office of elections (LTG 102) for the reapportionment commission shall transfer to LNR-natural physical environment (LNR 906), upon cessation of reapportionment commission and precinct mapping activities. SECTION 77. Provided that of the general fund appropriation for financial administration (BUF 115), the sum of $245,093,957 for fiscal year 2001-2002 and $280,774,348 for fiscal year 2002-2003 shall be expended for interest and principal on general obligation bonds; provided further that funds shall not be expended for any other purpose; and provided further that any unexpended funds shall lapse to the general fund. SECTION 78. Provided that of the interdepartmental transfer appropriation for financial administration (BUF 115), the sum of $171,945,276 for fiscal year 2001-2002 and $196,976,796 for fiscal year 2002-2003 shall be expended for interest and principal on general obligation bonds on behalf of the university of Hawaii and department of education; provided further that funds shall not be expended for any other purpose; and provided further that any unexpended funds shall lapse to the general fund. SECTION 79. Provided that of the trust fund appropriation for financial administration (BUF 115), the sum of $2,511,579 each year of the fiscal biennium 2001-2003 shall be expended to meet the requirements of the uniform disposition of unclaimed property program pursuant to chapter 523A, Hawaii Revised Statutes; provided further that funds shall not be expended for any other purpose; and provided further that any unexpended funds shall lapse to the general fund. SECTION 80. Provided that of the general fund appropriation for legal services (ATG 100) the sum of $3,037,477 for fiscal year 2001-2002 and the sum of $3,037,477 for fiscal year 2002-2003 shall be expended for the purpose of litigation expenses and shall include all costs reasonably related to the prosecution or defense of a court action or suit to which the State of Hawaii is or is anticipated to be named a party; provided further that litigation expenses are defined in general as follows: (1) Travel to include the cost of airlines, per diem, ground transportation, parking, toll bridge fees, etc. which are incurred by attorneys, staff members, consultants, experts or witnesses; (2) Depositions; (3) Court reporting services; (4) Transcripts to include medical records as well as transcripts of oral testimony; (5) Experts to include the cost of compensation, transportation, hotels, room and board, air and ground transportation, telephone calls, testing, and preparation of exhibits; (6) Discovery of opponents' experts; (7) Preparation of demonstrative exhibits such as photos, videos, mock-ups, etc.; (8) Investigation; (9) Court fees to include the printing costs for the United States Supreme Court briefs; and (10) Bonds, such as supersedeas bonds; provided further that litigation expenses shall not include the following: (1) Expenses related to the prosecution or defense of hearings before administrative boards or commissions; (2) Expenses related to the acquisition of private lands for public domains in eminent domain proceedings which are payable out of capital improvement project appropriations; (3) Expenses related to attorneys' fees, bills of costs or judgment amounts obtained by prevailing opponents; (4) Expenses related to the acquisition of equipment or motor vehicles to include such things as computer hardware and associated software; (5) Expenses related to collective bargaining or other salary increases for attorneys other than special deputy prosecutors acquired for the pursuit of litigation as allowed under the definition of litigation expenses; and (6) Expenses related to the cost of training to also include the cost of travel as defined under the first paragraph in this section; provided further that any question concerning the specific terms used in this section shall refer to interdepartmental memorandum number 1987-9 from the attorney general; provided further that any unrequired or unencumbered funds shall not be expended and shall be lapsed to the general fund; and provided further that the attorney general shall submit a comprehensive report of all expenditures and litigation settlements for the last completed fiscal year and to include the current fiscal year to the period ending November 30, and including the projected expenditures for the remainder of the current fiscal year and the upcoming fiscal year; provided further that this report shall include, but not be limited to the case history, case status, all expenditures, court dates, settlements, court decisions, and justification on any expenditures for each case which expends more than $50,000 for each fiscal year; provided further that all reports shall be submitted to the legislature no later than twenty days prior to the convening of each regular session. SECTION 81. Provided that of the trust fund appropriation for legal services (ATG 100), the attorney general shall submit a comprehensive report concerning all trust funds within the department of the attorney general whether created by statute or otherwise including, but not limited, to the following: (1) The source and amount of all revenue for each trust fund; (2) Detailed accounts of all expenditures from each trust fund; (3) The purpose of all expenditures from each trust fund; (4) The source of revenue for each expenditure from each trust fund; and (5) Justification for each expenditure from each trust fund; provided further that: (1) Each trust fund shall be treated separately in the report; (2) Litigation Settlements shall be done separately by each sub-account; (3) Detailed expenditure reports are listed separately by each settlement sub-account; and (4) Detailed justifications are listed separately for all expenditures by each settlement sub-account; provided further that the report shall be submitted quarterly to the legislature no later than twenty days following the ending of each quarterly allocation period; and provided further that a summation report shall be submitted compiling that preceding fiscal year’s transactions under the above established guidelines to the legislature for that preceding completed fiscal year no later than twenty days prior to the convening of the 2002 and 2003 regular sessions. SECTION 82. Provided that of the general fund appropriation for work force attraction, selection, classification and effectiveness (HRD 102), the sum of $4,933,726 for fiscal year 2001-2002 and the sum of $4,933,726 for fiscal year 2002-2003 shall be expended for workers’ compensation claims; and provided further that the department of human resources development shall submit a detailed report of all expenditures and number of claims for workers’ compensation claim payments to the legislature no later than twenty days prior to the convening of the 2002 and 2003 regular sessions. SECTION 83. Provided that of the general fund appropriation for work force attraction, selection, classification and effectiveness (HRD 102), the sum of $2,221,620 for fiscal year 2001-2002 and the sum of $2,221,620 for fiscal year 2002-2003 shall be expended for unemployment compensation claims of former state employees; provided further that any unrequired and unencumbered funds shall be lapsed to the general fund; and provided further that the department of human resources development shall submit a detailed report of all expenditures and number of claims for unemployment compensation claim payments to the legislature no later than twenty days prior to the convening of the 2002 and 2003 regular sessions. SECTION 84. Provided that of the general fund appropriation for retirement system (BUF 141), $50,152,960 for fiscal year 2001-2002 and $69,176,683 for fiscal year 2002-2003 shall be expended for the employees’ retirement system’s pension accumulation; provided further that funds shall not be expended for any other purpose; and provided further that any unexpended funds shall lapse to the general fund. SECTION 85. Provided that of the interdepartmental transfer appropriation for retirement system (BUF 141), $63,831,040 for fiscal year 2001-2002 and $88,043,051 for fiscal year 2002-2003 shall be expended for the university of Hawaii and department of education's employees' retirement system’s pension accumulation; provided further that funds shall not be expended for any other purpose; and provided further that any unexpended funds shall lapse to the general fund. SECTION 86. Provided that of the general fund appropriation for the department of budget and finance, retirement system (BUF 141), the sum of $59,392,412 for fiscal year 2001-2002 and $60,446,899 for fiscal year 2002-2003 shall be expended for the employer’s share of the social security/Medicare payment for employees; provided further that funds shall not be expended for any other purpose; and provided further that any unexpended funds shall lapse to the general fund. SECTION 87. Provided that of the interdepartmental transfer appropriation for retirement system (BUF 141), the sum of $76,838,277 for fiscal year 2001-2002 and the sum of $78,202,511 for fiscal year, 2002-2003 shall be expended for the university of Hawaii and department of education’s employer’s share of the social security/Medicare payment; provided further that funds shall not be expended for any other purpose; and provided further that any unexpended funds shall lapse to the general fund. SECTION 88. Provided that for risk management (AGS 203), in the event of catastrophic disasters or loss, with the approval of the Governor, resources from the risk management revolving fund shall be expended for the purpose of repairing or replacing damaged or destroyed state facilities in excess of the appropriated revolving fund ceiling; and provided further that a report of the use of this authority shall be transmitted to the Senate President and House Speaker within thirty days of the use of funds. SECTION 89. Provided that of the general fund appropriation for ground maintenance (AGS 232) the sum of $20,148 for fiscal year 2001-2002 and the sum of $20,148 for fiscal year 2002-2003 shall be expended for salary for position number 02396, provided further that the sum of $21,372 for fiscal year 2001-2002 and the sum of $21,372 for fiscal year 2002-2003 shall be expended for the salary of position number 02407; and provided further that the sum of $30,000 in fiscal year 2001-2002 and the sum of $30,000 in fiscal year 2002-2003 shall be expended for other current expenses. SECTION 90. Provided that of the general fund appropriation to building repairs and alterations (AGS 233) the sum of $59,004 for fiscal year 2001-2002 and the sum of $59,004 for fiscal year 2002-2003 shall be expended for the salary for position number 02329; provided further that the sum of $27,948 for fiscal year 2001-2002 and the sum of $27,948 for fiscal year 2002-2003 shall be expended for the salary of position number 26465; provided further that the sum of $28,560 for fiscal year 2001-2002 and the sum of $28,560 for fiscal year 2002-2003 shall be expended for the salary of position number 05940; and provided further that the sum of $49,000 in fiscal year 2002 and fiscal year 2003 shall be expended for other current expenses.