A BILL FOR AN ACT

SECTION 1. This Act shall be known and may be cited as the Supplemental Appropriations Act of 2006.

SECTION 2. This Act amends Act 178, Session Laws of Hawaii 2005, and other appropriations and authorizations effective during fiscal biennium 2005-2007.

SECTION 3. Act 178, Session Laws of Hawaii 2005, is amended by amending section 3 to read as follows:

"SECTION 3. APPROPRIATIONS. The following sums, or so much thereof as may be sufficient to accomplish the purposes and programs designated herein, are hereby appropriated or authorized, as the case may be, from the means of financing specified to the expending agencies designated for the fiscal biennium beginning July 1, 2005, and ending June 30, 2007. The total expenditures and the number of positions in each fiscal year of the biennium shall not exceed the sums and the number indicated for each fiscal year, except as provided elsewhere in this Act, or as provided by general law.

SECTION 4. Part III, Act 178, Session Laws of Hawaii 2005, is amended:

(1) By amending section 12 to read as follows:

"SECTION 12. 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 2005-2007, shall be expended for special repair and maintenance purposes only as follows:

Program I.D. FY 2005-2006 FY 2006-2007

TRN 301 $5,684,000 [$5,344,000]$5,594,000

TRN 303 $ 331,000 $ 331,000

TRN 305 $ 465,000 [$ 465,000]$ 30,000

TRN 311 $ 826,000 $ 846,000

TRN 313 $ 756,000 $ 526,000

TRN 331 $ 936,000 $ 936,000

TRN 341 $ 368,400 $ 368,400

TRN 351 $ 208,000 $ 208,000

TRN 361 $ 673,000 $ 673,000

TRN 363 $ 393,000 $ 393,000;

provided further that any unexpended funds shall be lapsed to the harbor 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 December 1 for each fiscal year; provided further this report shall also 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 2006 and 2007 regular sessions."

(2) By amending section 13 to read as follows:

"SECTION 13. Provided that of the special fund appropriation for harbors administration (TRN 395), the sum of $24,499,024 for fiscal year 2005-2006 and the sum of [$24,539,732] $27,420,742 for fiscal year 2006-2007 shall be expended for the following purposes:

Purpose FY 2005-2006 FY 2006-2007

Interest and principal on

general obligation bonds $ 25,017 [$ 24,763]$ 1,065,751

Interest and principal on

revenue bonds $24,474,007 [$24,514,969;]$26,354,991;

provided further that any funds not expended for these purposes shall lapse to the harbor special fund."

(3) By amending section 14 to read as follows:

"SECTION 14. Provided that of the special fund appropriations for the harbors division (TRN 301-395), the following sums specified for security for fiscal biennium 2005-2007, shall be expended for security purposes only as follows:

Program I.D. FY 2005-2006 FY 2006-2007

TRN 301 $4,452,400 [$4,452,400]$2,197,508

TRN 303 $ 216,004 [$ 216,004]$ 440,004

TRN 305 $ ..... $ .....

TRN 311 $ 232,000 [$ 232,000]$ 268,463

TRN 313 $ 66,750 [$ 66,750]$ 257,873

TRN 331 $ 254,000 [$ 254,000]$ 276,000

TRN 341 $ ..... $ .....

TRN 351 $ ..... $ .....

TRN 361 $ 263,000 $ 263,000

TRN 363 $ 403,363 [$ 443,699]$ .....

TRN 395 $2,035,000 $2,035,000;

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 actual expenditures of all security appropriations as of June 30 for each fiscal year; provided further that this report shall include the previous fiscal year; and provided further that this report be submitted to the legislature no later than twenty days prior to the convening of the 2006 and 2007 regular sessions."

(4) By adding a new section to read as follows:

"SECTION 42.1. Provided that of the general fund appropriation for homeless services (HMS 224), the sum of $10,000,000 for fiscal year 2006-2007 shall be used for repair and maintenance of shelter facilities for the homeless; provided that repair and maintenance of shelter facilities for the homeless serves a public purpose and is necessary to sustain existing housing resources that are essential to the health, safety and welfare of the homeless population."

(5) By amending section 45 to read as follows:

"SECTION 45. Provided that of the general fund appropriation for school-based budgeting (EDN 100), the sum of $206,116,917 for fiscal year 2005-2006 and the sum of [$231,840,873] $224,279,599 for fiscal year 2006-2007 shall be used to pay for the 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 this purpose; and provided further that the funds shall be transferred no later than July 16 of each respective fiscal year."

(6) By amending section 47 to read as follows:

"SECTION 47. Provided that of the general fund appropriation for school-based budgeting (EDN 100), the following fiscal year 2006-2007 cost items shall be considered non-recurring cost items:

and provided further that the aforementioned cost items shall be reduced by these amounts at the beginning of fiscal biennium 2007-2009."

(7) By adding a new section to read as follows:

"SECTION 47.1. Provided that of the general fund appropriation for school-based budgeting (EDN 100), the sum of $11,436,150 for fiscal year 2006-2007 shall be used for the English for second language learners program."

(8) By adding a new section to read as follows:

"SECTION 49.1. Provided that of the general fund appropriation for school support (EDN 400), the sum of $40,000,000 for fiscal year 2006-2007 shall be used for school facility repairs and maintenance."

(9) By repealing section 60:

["SECTION 60. Provided that of the general fund appropriation for the university of Hawaii for fiscal year 2005-2006 and fiscal year 2006-2007, the university of Hawaii shall expend funds in the program IDs in which they are appropriated, with the exception of funds to be transferred to the department of budget and finance and funds budgeted in systemwide support (UOH 900)."]

(10) By amending section 61 to read as follows:

"SECTION 61. Provided that of the general fund appropriation for systemwide support (UOH 900), the sum of $73,800,011 for fiscal year 2005-2006 and the sum of [$83,010,455] $80,303,145 for fiscal year 2006-2007 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; provided further that the funds shall be transferred no later than July 16 of each respective fiscal year; provided further that the department of budget and finance shall submit a detailed report comparing general fund appropriations to actual general fund expenditures for the university of Hawaii's share of general obligation bond debt service for each fiscal year from the 2001-2002 fiscal year through the last completed fiscal year, and a projection for each of the succeeding two fiscal years; and provided further that this report shall be submitted to the legislature no later than twenty days prior to the convening of the 2006 and 2007 regular sessions."

(11) By amending section 64 to read as follows:

"SECTION 64. Provided that of the general fund appropriation for general administration (PSD 900), the sum of $39,576,120 for fiscal year 2005-2006 and the sum of [$40,724,428] $52,858,014 for fiscal year 2006-2007 shall be expended for mainland prison contracts for transportation and necessary operation costs of housing; provided further that if the department of public safety determines that there are inmates who can be released or paroled for the purpose of treatment, and that such release or parole lowers the number of beds that need to be leased in mainland facilities, then an appropriate part of this sum may be used for treatment services; provided further that any unexpended funds shall lapse into the general fund; provided further that the department of public safety shall submit a report each year of all expenditures made for the mainland prisoners for the previous fiscal year and the current fiscal year, four months actual; provided further that the report shall be submitted to the legislature no later than twenty days prior to the convening of the 2006 and 2007 regular sessions; provided further that the department shall be assessed a fee of $10,000 for each business day beyond the date that the report is due; and provided further that the director of the department of public safety shall deposit all assessments to the general fund."

(12) By amending section 74 to read as follows:

"SECTION 74. Provided that of the general fund appropriation for financial administration (BUF 115), the sum of $231,789,298 for fiscal year 2005-2006 and the sum of [$260,110,764] $253,465,525 for fiscal year 2006-2007 shall be used to pay for interest and principal on general obligation bonds; 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; provided further that the department of budget and finance shall submit a detailed report comparing general fund appropriations to actual general fund expenditures for the non-department of education and non-university of Hawaii share of general obligation bond debt service for each fiscal year from the 2001-2002 fiscal year through the last completed fiscal year, and compare appropriations to a projection for the fiscal year in which the report is to be submitted; and provided further that this report shall be submitted no later than twenty days prior to the convening of the 2006 and 2007 regular sessions."

(13) By amending section 79 to read as follows:

"SECTION 79. Provided that of the general fund appropriation for work force attraction, selection, classification, and efficiency (HRD 102), the sum of $1,021,620 for fiscal year 2005-2006 and the sum of [$1,021,620] $1,223,320 for fiscal year 2006-2007 shall be expended for unemployment compensation claims of former state employees; provided further that any unrequired and unexpended funds appropriated for this purpose may be expended to meet current workers' compensation claims."

SECTION 5. Part IV, Act 178, Session Laws of Hawaii 2005, is amended by amending section 85 to read as follows:

"SECTION 85. CAPITAL IMPROVEMENT PROJECTS AUTHORIZED. The sums of money appropriated or authorized in part II of this Act for capital improvements shall be expended for the projects listed below. Accounting of the appropriations by the department of accounting and general services shall be based on the projects listed in this section. Several related or similar projects may be combined into a single project if such combination is advantageous or convenient for implementation; and provided further that the total cost of the projects thus combined shall not exceed the total of the sum specified for the projects separately. (The amount after each cost element and the total funding for each project listed in this part are in thousands of dollars.)

SECTION 6. Part V, Act 178, Session Laws of Hawaii 2005, is amended:

(1) By amending section 86 to read as follows:

"SECTION 86. Provided that of the general obligation bond fund appropriation for Hawaii community development authority (BED 150), the sum of $1,603,000 for fiscal year 2005-2006 and the sum of [$1,603,000] $1,672,000 for fiscal year 2006-2007 shall be used for Hawaii community development authority capital improvements program staff costs, statewide."

(2) By amending section 87 to read as follows:

"SECTION 87. Provided that of the special funds and other funds appropriations for airports administration (TRN 195), the sum of $2,151,000 for fiscal year 2005-2006 and the sum of [$2,151,000] $2,251,000 for fiscal year 2006-2007 shall be used for airports division capital improvements program staff costs, statewide."

(3) By amending section 88 to read as follows:

"SECTION 88. Provided that of the special funds appropriation for harbors administration (TRN 395), the sum of $988,000 for fiscal year 2005-2006 and the sum of [$988,000] $1,088,000 for fiscal year 2006-2007 shall be used for harbors division capital improvements program staff costs, statewide."

(4) By amending section 92 to read as follows:

"SECTION 92. Provided that of the special funds appropriation for school-based budgeting (EDN 100), the sum of $400,000 for fiscal year 2005-2006 and the sum of [$400,000] $419,000 for fiscal year 2006-2007 shall be used for department of education capital improvements program staff costs, statewide."

(5) By adding a new section to read as follows:

"SECTION 98.1. Any law to the contrary notwithstanding, the appropriations under Act 1, First Special Session Laws of Hawaii 1981, section 3, as amended and renumbered by Act 264, Session Laws of Hawaii 1982, section 5, in the amounts indicated or balances thereof, unallotted, allotted, encumbered, and unrequired, are hereby lapsed:

"Item No. Amount (MOF)

A-8 $449,000 C"

(6) By adding a new section to read as follows:

"SECTION 98.2. Any law to the contrary notwithstanding, the appropriations under Act 296, Session Laws of Hawaii 1991, section 165, as amended and renumbered by Act 300, Session Laws of Hawaii 1992, section 6, in the amounts indicated or balances thereof, unallotted, allotted, encumbered, and unrequired, are hereby lapsed:

"Item No. Amount (MOF)

D-10 $772,000 C"

(7) By amending section 99 to read as follows:

"SECTION 99. Any law to the contrary notwithstanding, the appropriations under Act 289, Session Laws of Hawaii 1993, section 127, as amended and renumbered by Act 252, Session Laws of Hawaii 1994, section 5, in the amounts indicated or balances thereof, unallotted, allotted, encumbered, and unrequired, are hereby lapsed:

"Item No. Amount (MOF)

A-6 $5,000,000 R

C-01 46,824 E

C-01 72,306 N

C-02 3,986,198 B

C-02 2,926 E

C-03 17,174 B

C-03 14,896 E

C-03 500,000 N

C-04 139,487 E

C-04 419,425 N

C-10 39,605 B

C-10 21,314 E

C-10 133,104 N

C-11 154,348 B

C-11 122,553 E

C-11 3,672,118 N

C-12 268,224 B

C-13 70,699 B

C-13 297,534 N

C-14 87,240 B

C-14 131,435 E

C-15 837,644 B

C-16 3,921 B

C-16 143,890 N

C-17 250,000 E

C-18 1,781,365 B

C-19 10,108 E

C-21 3 B

C-21 236,060 E

C-21 284,006 N

C-41 2,121,000 E

C-59D 7,000 E

C-59D 122,000 N

C-59E 41,000 E

C-59E 145,000 N"

(8) By amending section 100 to read as follows:

"SECTION 100. Any law to the contrary notwithstanding, the appropriations under Act 218, Session Laws of Hawaii 1995, section 99, as amended and renumbered by Act 287, Session Laws of Hawaii 1996, section 5, in the amounts indicated or balances thereof, unallotted, allotted, encumbered, and unrequired, are hereby lapsed:

   "Item No. Amount (MOF)

A-10 $ 747,956 C

C-01 2,356,749 B

C-01 205,883 E

C-01 2,287,140 N

C-02 654,500 B

C-02 1,000,000 E

C-06 16,385,029 B

C-06 21,921,750 N

C-06A 1,441,000 N

C-06B 1,000,000 N

C-07B 6,026,477 N

C-08 2,000 N

C-10 80,059 B

C-10 60,216 E

C-26 3,859,000 E

C-26 640,000 N"

(9) By amending section 101 to read as follows:

"SECTION 101. Any law to the contrary notwithstanding, the appropriations under Act 328, Session Laws of Hawaii 1997, section 140A, as amended and renumbered by Act 116, Session Laws of Hawaii 1998, section 5, in the amounts indicated or balances thereof, unallotted, allotted, encumbered, and unrequired, are hereby lapsed:

   "Item No. Amount (MOF)

C-03 $ 9,307,690 B

C-05 126,701 N

C-10A 794,860 B

C-21B 4,000,000 N

C-37A 532,826 N

C-42 24,986,281 B

C-48 16,866 B

C-48 7,319,586 N

C-66 20,000,000 B

C-67 79,000 B

C-70 151,447 B

C-70 3,960,765 N

C-73 29,037 B

C-73 19,500 N

C-76 3,649 B

C-76 250,000 N

I-10 150,000 C

I-14 30,000 C

K-20 262,460 B"

(10) By amending section 102 to read as follows:

"SECTION 102. Any law to the contrary notwithstanding, the appropriations under Act 91, Session Laws of Hawaii 1999, section 64, as amended and renumbered by Act 281, Session Laws of Hawaii 2000, section 5, in the amounts indicated or balances thereof, unallotted, allotted, encumbered, and unrequired, are hereby lapsed:

   "Item No. Amount(MOF)

A-16A $543,194 C

A-16C 70,000 C

G-81 70,000 C

G-89 211,812 C

G-96 292,089 C

G-98A 370,000 C"

(11) By amending section 104 to read as follows:

"SECTION 104. Any law to the contrary notwithstanding, the appropriations under Act 200, Session Laws of Hawaii 2003, section 77, as amended and renumbered by Act 41, Session Laws of Hawaii 2004, section 5, in the amounts indicated or balances thereof, unallotted, allotted, encumbered and unrequired, are hereby lapsed:

   "Item No. Amount (MOF)

A-0.03 $ 1,900,000 N

A-06 39,839 C

A-3.03 700,000 C

A-4.02 2,000,000 C

C-71 7,500,000 E

E-5 20,000,000 C

F-3.08 660,000 C

H-9.01 250,000 C

H-9.02 250,000 C

H-9.03 75,000 C

K-9.01 500,000 C

K-9.01 500,000 S"

SECTION 7. Part VII, Act 178, Session Laws of Hawaii 2005, is amended:

(1) By amending section 113 to read as follows:

"SECTION 113. Provided that in the event that the authorized appropriations specified for a capital improvement project listed in this Act are insufficient and where the source of funding is designated as airport passenger facility charge funds, the governor may make supplemental allotments from unrequired balances from the airport revenue fund or airport revenue bond funds or transfer unrequired balances from other completed but unlapsed projects in this Act or prior appropriation acts that authorized the use of airport passenger facility charge funds; provided further that the supplemental allotments shall not be used to increase the scope of the project; provided further that the supplemental allotments shall not impair the ability of the fund to meet the purposes for which it was established; and provided further that the governor, in the governor's discretion, is authorized to increase the passenger facility charge fund authorization ceiling for the program to accommodate the expenditure of the funds.

The governor is authorized to use, at the governor's discretion, the airport revenue fund or airport revenue bond funds to finance those projects listed in part IV of this Act or any other prior or future Acts where the method of financing is designated to be by airport passenger facility charge funds."

(2) By adding a new section to read as follows:

"SECTION 124.1. Provided that notwithstanding any provision in part III of this Act, the governor is authorized to transfer savings or unrequired balances as may be available from general funds of any program in this Act, up to an aggregate total of $300,000, to supplement the department of land and natural resources' firefighter's contingency fund; provided that these funds be used for prevention, control and extinguishment of wildland fires within forest reserves, public hunting areas, wildlife and plant sanctuaries and natural area reserves in cooperation with established fire control agencies of the counties and federal government."

(3) By amending section 156 to read as follows:

"SECTION 156. Provided that of the federal fund appropriation for the department of human services there is appropriated current year federal Temporary Assistance for Needy Families (TANF) funds, which are federal TANF funds from the current federal fiscal year's block grant, the sum of $63,904,788, or so much thereof as may be necessary, for fiscal year 2005-2006, and the [same] sum of $98,904,788, or so much thereof as may be necessary, for fiscal year 2006-2007 for the purposes of implementing the TANF program, its associated programs, and transfers to other programs."

(4) By repealing section 165:

["SECTION 165. Provided that no position funded by federal funds shall be allocated or assigned to any program other than the program for which the federal funds are appropriated."]

(5) By amending section 167 to read as follows:

"SECTION 167. Provided that for fiscal year 2006-2007 no funds, including federal funds, shall be expended to fill any position not authorized by the legislature; provided further that this prohibition shall not apply to the university of Hawaii and the Hawaii health systems corporation; provided further that this prohibition shall not apply to positions entirely federally funded; provided further that this prohibition shall not apply to positions established pursuant to section 76-16(b), subsections (3), (12), (13), (21), and (23), Hawaii Revised Statutes, or where an agency has explicit statutory authorization to establish positions to accomplish necessary functions; provided further that for any positions established by the department of education and the university of Hawaii, established entirely with federal funds, established pursuant to section 76-16(b), subsections (3), (12), (13), (21), and (23), or where there is explicit statutory authorization, the respective agency or department shall submit a report to the legislature within five days of each use of this proviso; provided further that the report shall include authority used to establish the position, date the position was established, projected date the position will be filled, amounts projected to be expended in fiscal year 2006-2007, source of funds used to pay for the position, and functions to be performed by the position; provided further that a report shall be prepared by the department of budget and finance identifying all positions not authorized by the legislature (both filled and vacant) in the Executive Branch with the exception of the department of education and the university of Hawaii; provided further that this report shall include for each position the authority used to establish the position, the date the position was established, whether the position is filled or vacant, if the position is vacant the date the position became vacant, if the position is filled the date the position was filled, the amount expended for the position for fiscal year 2004-2005, the amount projected to be expended in fiscal year 2005-2006, the amount projected to be expended for fiscal year 2006-2007, the source of funds used to pay for the position, the impact of eliminating the position and funds projected to be expended for the position; and provided further that the report shall be submitted to the legislature no later than October 1, 2005."

(6) By adding a new section to read as follows:

"SECTION 168.1. Provided that in implementing Act 196, Session Laws of Hawaii 2005, the department of human services and the department of business, economic development and tourism, with the approval of the governor, may each transfer positions and funds to the other; provided that the transfers are necessary for the operations of the departments' housing and development programs; provided further that each department shall submit a report of all uses of this proviso for the previous twelve month period from December 1 to November 30 no later than twenty days prior to the convening of the 2007 regular session."

SECTION 8. MISCELLANEOUS. If any portion of this Act or its application to any person, entity, or circumstance is held to be invalid for any reason, then the legislature declares that the remainder of the Act and each and every other provision thereof shall not be affected thereby. If any portion of a specific appropriation is held to be invalid for any reason, the remaining portion shall be expended to fulfill the objective of such appropriation to the extent possible.

SECTION 9. In the event manifest clerical, typographical or other mechanical errors are found in this Act, the governor is hereby authorized to correct such errors.

SECTION 10. Material to be repealed is bracketed and stricken. New statutory material is underscored. In printing this Act, the revisor of statutes need not include the bracketed material or the underscoring.

SECTION 11. Nothing in this Act shall affect the validity or continuing effectiveness of any provisions of Act 178, Session Laws of Hawaii 2005, not repealed or modified by this Act.

SECTION 12. EFFECTIVE DATE. This Act shall take effect upon its approval.