REPORT TITLE:
Executive Budget.


DESCRIPTION:
Appropriates general, operating, and capital improvement funds
for the support of state government operations over the 1999-2001
fiscal biennium.  (HB100 HD1)



 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        100
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
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
 
20      AGS  Department of Accounting and General Services
 

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

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

 
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 1      (d)  "Position ceiling" means the maximum number of
 
 2 permanent positions that an expending agency is authorized for a
 
 3 particular program during a specified period or periods, as
 
 4 denoted by an asterisk.
 
 5      (e)  "Capital project number" means the official number of
 
 6 the capital project, as assigned by the responsible organization.
 
 7                 PART II.  PROGRAM APPROPRIATIONS
 
 8      SECTION 3.  APPROPRIATIONS.  The following sums, or so much
 
 9 thereof as may be sufficient to accomplish the purposes and
 
10 programs designated herein, are hereby appropriated or
 
11 authorized, as the case may be, from the means of financing
 
12 specified to the expending agencies designated for the fiscal
 
13 biennium beginning July 1, 1999, and ending June 30, 2001.  The
 
14 total expenditures and the number of positions in each fiscal
 
15 year of the biennium shall not exceed the sums and the number
 
16 indicated for each year, except as provided elsewhere in this
 
17 Act, or as provided by general law.
 
18            PART III.  PROGRAM APPROPRIATION PROVISIONS
 
19 ECONOMIC DEVELOPMENT
 
20      SECTION 4.  Provided that of the special fund appropriation
 
21 for state tourism office (BED 113), the sum of $500,000 for
 
22 fiscal year 1999-2000 shall be expended by the Hawaii tourism
 
23 authority for the purposes of supporting Hawaii's entry in the
 
24 America's Cup race; provided further that the sum of $25,000 for
 
25 fiscal year 1999-2000 shall be expended by the Hawaii tourism
 
26 authority for the purposes of promoting and supporting the
 
27 Hawaiian Super Prix auto racing event; and provided further that
 
28 the following conditions shall apply to both events as follows:
 
29           (a)  No funds shall be made available for the above
 
30                events unless matched on a 1:2 state to private
 
31                ratio;
 
32           (b)  Any unexpended or unencumbered funds shall be
 
33                lapsed to the tourism special fund; and
 
34           (c)  Each of the two events above shall promote,
 
35                market, or advertise Hawaii as a visitor
 
36                destination.
 
37      SECTION 5.  Provided that of the general fund appropriation
 
38 for agribusiness development and research (AGR 161), the sum of
 
39 $547,413 for fiscal year 1999-2000 and the sum of $547,413 for
 
40 fiscal year 2000-2001 shall be expended as follows:
 
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 1                                  FY 1999-2000     FY 2000-2001
 
 2 Ornamental nursery research       $ 25,000         $ 25,000
 
 3 Taro research                     $ 20,000         $ 20,000
 
 4 Coffee research                   $ 25,000         $ 25,000
 
 5 Macadamia research                $ 30,000         $ 30,000
 
 6 State farm fair                   $ 50,000         $ 50,000
 
 7 Plant alien pest program          $ 50,000         $ 50,000
 
 8 Vegetable crop research           $ 35,000         $ 35,000
 
 9 Pineapple research                $ 182,413        $ 182,413
 
10 Cut flower research               $ 75,000         $ 75,000
 
11 Tropical fruit research           $ 30,000         $ 30,000
 
12 Contingency emergency research
 
13   for diversified agriculture     $ 25,000         $ 25,000;
 
14 provided further that:
 
15      (1)  The department of agriculture shall submit an itemized
 
16           report which shall include, but not be limited to, the
 
17           progress being made with each specific commodity that
 
18           is funded for research, and projected funding, if
 
19           necessary, for the continuation of each of the research
 
20           projects with justification for recommended funding in
 
21           future years; and provided further that this report
 
22           shall be submitted to the legislature no later than
 
23           twenty days prior to the convening of the 2000 and 2001
 

 
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 1           regular sessions;
 
 2      (2)  The department of agriculture shall support efforts to
 
 3           seek and obtain grants and other funds for agricultural
 
 4           research and development;
 
 5      (3)  The chairperson of the board of agriculture shall
 
 6           expedite all projects under this section, especially
 
 7           emergency actions; and
 
 8      (4) The sums appropriated shall be expended by the
 
 9          department of agriculture for the purposes of this Act;
 
10          provided that:
 
11          (a)   The department of agriculture may require that any
 
12                funds made available under this Act be matched by
 
13                private funds; and
 
14          (b)   The department of agriculture is authorized to
 
15                transfer funds between projects under this section
 
16                or to other projects or commodities as deemed
 
17                necessary by the department of agriculture.
 
18      SECTION 6.  Provided that of the general fund appropriation
 
19 for agribusiness development and research (AGR 161), the sum of
 
20 $190,558 for fiscal year 1999-2000 and the sum of $190,558 for
 
21 fiscal year 2000-2001 shall be deposited into the Hawaii
 
22 agricultural development revolving fund to be expended for
 
23 purposes of the fund.
 

 
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 1 TRANSPORTATION
 
 2      SECTION 7.  Provided that of the special fund appropriations
 
 3 for the airports division (TRN 102 - TRN 161), the following sums
 
 4 specified for special repair and maintenance projects for fiscal
 
 5 biennium 1999-2001 shall be expended for special repair and
 
 6 maintenance purposes only as follows:
 
 7 Program I.D.            FY 1999-2000        FY 2000-2001
 
 8   TRN 102              $  4,525,000        $  8,665,000
 
 9   TRN 104              $    355,000        $    740,000
 
10   TRN 111              $  3,822,500        $  1,443,000
 
11   TRN 114              $  1,487,000        $     65,000
 
12   TRN 116              $     40,000        $    100,000
 
13   TRN 118              $    190,000        $    250,000
 
14   TRN 131              $    855,000        $    290,000
 
15   TRN 133              $     20,000        $     45,000
 
16   TRN 135              $    100,000        $      -0-  
 
17   TRN 141              $    555,000        $    155,000
 
18   TRN 143              $     30,000        $      -0-  
 
19   TRN 151              $    330,000        $     35,000
 
20   TRN 161              $  2,020,000        $    820,000;
 
21 provided further that any unexpended funds shall be lapsed to the
 
22 airport revenue fund; provided further that the department of
 
23 transportation shall prepare a report on planned uses and actual
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 expenditures of all special repair and maintenance appropriations
 
 2 as of June 30 for each fiscal year; and provided further that the
 
 3 report shall be submitted to the legislature no later than twenty
 
 4 days prior to the convening of the 2000 and 2001 regular
 
 5 sessions.
 
 6   SECTION 8.  Provided that of the special fund appropriation for
 
 7 airports administration (TRN 195), the sum of $118,476,260 for
 
 8 fiscal year 1999-2000 and the sum of $122,569,187 for fiscal year
 
 9 2000-2001 shall be expended for the following purposes:
 
10 Purpose                          FY 1999-2000     FY 2000-2001
 
11 Interest and principal on
 
12   general obligation bonds      $     374,237    $     374,237
 
13 Interest and principal on
 
14   revenue bonds                 $ 118,102,023    $ 122,194,950;
 
15 and provided further that any funds not expended for these
 
16 purposes shall be lapsed to the airport revenue fund.
 
17      SECTION 9.  Provided that of the special fund appropriations
 
18 for the harbors division (TRN 301 - TRN 363), the following sums
 
19 specified for special repair and maintenance projects for fiscal
 
20 biennium 1999-2001 shall be expended for special repair and
 
21 maintenance purposes only as follows:
 
22 Program I.D.                 FY 1999-2000         FY 2000-2001
 
23   TRN 301                     $ 3,545,000          $  3,697,000
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1   TRN 303                     $   160,000          $    160,000
 
 2   TRN 305                     $   251,000          $    282,000
 
 3   TRN 311                     $   735,000          $    762,000
 
 4   TRN 313                     $   222,000          $    272,000
 
 5   TRN 331                     $   852,000          $    864,000
 
 6   TRN 341                     $   163,000          $    133,000
 
 7   TRN 361                     $   452,000          $    503,000
 
 8   TRN 363                     $   329,000          $    240,000;
 
 9 provided further that any unexpended funds shall be lapsed to the
 
10 harbor special fund; provided further that the department of
 
11 transportation shall prepare a report on planned uses and actual
 
12 expenditures of all special repair and maintenance appropriations
 
13 as of June 30 for each fiscal year; and provided further that the
 
14 report shall be submitted to the legislature no later than twenty
 
15 days prior to the convening of the 2000 and 2001 regular
 
16 sessions.
 
17      SECTION 10.  Provided that of the special fund appropriation
 
18 for harbors administration (TRN 395), the sum of $19,322,106 for
 
19 fiscal year 1999-2000 and the sum of $21,902,532 for fiscal year
 
20 2000-2001 shall be expended for the following purposes:
 
21 Purpose                          FY 1999-2000     FY 2000-2001
 
22 Interest and principal on
 
23   general obligation bonds       $    540,597     $    525,249
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 Interest and principal on
 
 2   revenue bonds                  $ 18,781,509     $ 21,377,283;
 
 3 and provided further that any funds not expended for these
 
 4 purposes shall be lapsed to the harbor special fund.
 
 5      SECTION 11.  Provided that of the special fund
 
 6 appropriations for the highways division (TRN 501 - TRN 595), the
 
 7 following sums specified for special repair and maintenance
 
 8 projects for fiscal biennium 1999-2001, shall be expended for
 
 9 special repair and maintenance purposes only as follows:
 
10 Program I.D.                 FY 1999-2000         FY 2000-2001
 
11   TRN 501                    $  16,073,100        $ 15,917,543
 
12   TRN 511                    $   8,509,423        $  9,219,587
 
13   TRN 531                    $   6,713,144        $  6,905,669
 
14   TRN 541                    $   3,171,518        $  2,585,501
 
15   TRN 551                    $     505,900        $    479,596
 
16   TRN 561                    $   5,126,955        $  4,869,104
 
17   TRN 595                    $     149,960        $     23,000;
 
18 provided further that any unexpended funds shall be lapsed to the
 
19 state highway fund; provided further that the department of
 
20 transportation shall prepare a report on planned uses and actual
 
21 expenditures of all special repair and maintenance appropriations
 
22 as of June 30 for each fiscal year; and provided further that the
 
23 report shall be submitted to the legislature no later than twenty
 

 
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 1 days prior to the convening of the 2000 and 2001 regular
 
 2 sessions.
 
 3      SECTION 12.  Provided that of the special fund appropriation
 
 4 for highways administration (TRN 595), the sum of $41,755,999 for
 
 5 fiscal year 1999-2000 and the sum of $48,525,776 for fiscal year
 
 6 2000-2001 shall be expended for the following purposes:
 
 7 Purpose                          FY 1999-2000     FY 2000-2001
 
 8 Interest and principal on
 
 9   general obligation bonds       $ 23,090,755     $ 26,162,506
 
10 Interest and principal on
 
11   revenue bonds                  $ 18,665,244     $ 22,363,270;
 
12 and provided further that any funds not expended for this purpose
 
13 shall be lapsed to the state highway fund.
 
14      SECTION 13.  Provided that of the special fund appropriation
 
15 for general administration (TRN 995), the sum of $1,500,000 for
 
16 fiscal year 1999-2000 and the sum of $1,000,000 for fiscal year
 
17 2000-2001 shall be expended for the purpose of resolving all
 
18 computer and information systems problems that occur as a result
 
19 of the year 2000 four-digit programming code; and provided
 
20 further that any funds not expended for this purpose shall be
 
21 lapsed to the general administration special fund.
 
22 HEALTH
 
23      SECTION 14.  Provided that of the general fund appropriation
 

 
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 1 for developmental disabilities (HTH 501), any funds unexpended
 
 2 and not required for the intermediate care facility mental
 
 3 retardation residential homes at Waimano training school and
 
 4 hospital shall be transferred to the Title XIX medicaid
 
 5 community-based intermediate care facility mental retardation
 
 6 program and the home and community-based services program.
 
 7      SECTION 15.  Provided that of the special fund appropriation
 
 8 for health resources administration (HTH 595), the sum of
 
 9 $900,000 for fiscal year 1999-2000 and the sum of $900,000 for
 
10 fiscal year 2000-2001 may be expended for early intervention
 
11 screening services to identify infants and children with special
 
12 health needs; and provided further that these infants and
 
13 children with special health needs shall be defined according to
 
14 Public Law 105-17 (Individuals with Disabilities Education Act
 
15 Amendments of 1997) or the Felix vs. Cayetano consent decree.
 
16      SECTION 16.  Provided that of the special fund appropriation
 
17 for health resources administration (HTH 595), the sum of $40,000
 
18 for fiscal year 1999-2000 may be expended to upgrade the early
 
19 intervention information system for improvements in tracking
 
20 infants and children with special health needs.
 
21      SECTION 17.  Provided that of the general fund appropriation
 
22 for health resources administration (HTH 595), not less than the
 
23 sum of $500,000 for fiscal year 1999-2000 shall be expended for
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 primary health care services for the medically uninsured.
 
 2      SECTION 18.  Provided that of the general fund appropriation
 
 3 for health resources administration (HTH 595), not less than the
 
 4 sum of $2,195,291 for fiscal year 1999-2000 and not less than the
 
 5 sum of $2,195,291 for fiscal year 2000-2001 shall be expended for
 
 6 subsidies to the Hana health center, Kahuku hospital, Molokai
 
 7 general hospital, and Waianae district comprehensive health and
 
 8 hospital board.
 
 9      SECTION 19.  Provided that of the special fund appropriation
 
10 for Hawaii health systems corporation (HTH 210), the sum of
 
11 $2,573,000 for fiscal year 1999-2000 shall be expended to ensure
 
12 that all systems and equipment are year 2000 four-digit
 
13 programming code compliant.
 
14      SECTION 20.  Provided that of the special fund appropriation
 
15 for Hawaii health systems corporation (HTH 210), not less than
 
16 the sum of $500,000 for fiscal year 1999-2000 and not less than
 
17 the sum of $500,000 for fiscal year 2000-2001 shall be expended
 
18 for worker's compensation liabilities.
 
19      SECTION 21.  Provided that the child and adolescent mental
 
20 health division (HTH 460), shall implement policies and
 
21 procedures that will allow for the transition of children and
 
22 adolescents with mental health needs who are placed in out-of-
 
23 state residential facilities to in-state residential facilities;
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 provided further that the department of health shall make every
 
 2 effort to provide in-state services and placements for this
 
 3 population; and provided further that sufficient resources are
 
 4 allocated to effect this transfer.
 
 5 SOCIAL SERVICES
 
 6      SECTION 22.  Provided that of the general fund appropriation
 
 7 for child care payments (HMS 305), not less than the sum of
 
 8 $1,500,000 for fiscal year 1999-2000 and not less than the sum of
 
 9 $1,500,000 for fiscal year 2000-2001 shall be expended for the
 
10 preschool open doors (POD) program.
 
11      SECTION 23.  Provided that of the general fund appropriation
 
12 for payments to assist the aged, blind, and disabled (HMS 202),
 
13 not more than the sum of $24,160,871 for fiscal year 1999-2000
 
14 and not more than the sum of $24,540,752 for fiscal year 2000-
 
15 2001 shall be expended for payments to qualified recipients of
 
16 this program; and provided further that any unexpended funds
 
17 shall be lapsed to the general fund.
 
18      SECTION 24.  Provided that of the general fund appropriation
 
19 for general assistance payments (HMS 204), not more than the sum
 
20 of $24,761,632 for fiscal year 1999-2000 and not more than the
 
21 sum of $24,761,632 for fiscal year 2000-2001 shall be expended
 
22 for payments to qualified recipients of this program; and
 
23 provided further that any unexpended funds shall be lapsed to the
 

 
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 1 general fund.
 
 2      SECTION 25.  Provided that of the general fund appropriation
 
 3 for health care payments (HMS 230), the sum of $1,000,000 for
 
 4 fiscal year 1999-2000 shall be expended for modifications to the
 
 5 medicaid management information system (MMIS); and provided
 
 6 further that any unexpended funds shall be lapsed to the general
 
 7 fund.
 
 8 EDUCATION
 
 9      SECTION 26.  Provided that the department of education shall
 
10 submit a detailed report for all appropriations, allocations, and
 
11 expenditures for the following categorical programs in school-
 
12 based budgeting (EDN 100):
 
13      1)  special education;
 
14      2)  Felix consent decree; and
 
15      3)  comprehensive student support services;
 
16 provided further that this report shall be prepared according to
 
17 the department of education's lowest level program identification
 
18 codes; and provided further that this report shall be submitted
 
19 to the legislature no later than twenty days prior to the
 
20 convening of the 2000 and 2001 regular sessions.
 
21      SECTION 27.  Provided that of the general fund appropriation
 
22 for state and district administration (EDN 300), not less than
 
23 the sum of $4,370,390 for fiscal year 1999-2000 and not less than
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 the sum of $5,584,511 for fiscal year 2000-2001 shall be expended
 
 2 for the purpose of allocating regular education teachers based on
 
 3 the inclusion of special education students in the regular
 
 4 education classroom; and provided further that each special
 
 5 education student placed in a regular education class for either
 
 6 part of the school day or all of the school day shall count as
 
 7 one student in the regular education classroom.
 
 8      SECTION 28.  Provided that of the general fund appropriation
 
 9 for school support (EDN 400), the sum of $4,016,675 for fiscal
 
10 year 1999-2000 shall be expended for electricity.
 
11      SECTION 29.  Provided that the superintendent of education,
 
12 in conjunction with the board of education, may reorganize the
 
13 administrative structure of the department of education to
 
14 address organizational barriers to meeting requirements of the
 
15 Felix vs. Cayetano consent decree; provided further that this
 
16 reorganization shall include a state administrative director of
 
17 special education; provided further that the administrative
 
18 director of special education shall oversee all department of
 
19 education efforts in complying with Public Law 105-17
 
20 (Individuals with Disabilities Education Act Amendments of 1997),
 
21 Public Law 93-112 (Section 504 of the Rehabilitation Act of
 
22 1973), and the Felix vs. Cayetano consent decree; and provided
 
23 further that the administrative director of special education
 

 
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 1 shall have the authority to implement statewide changes to ensure
 
 2 that the department of education complies with the
 
 3 aforementioned.
 
 4      SECTION 30.  Provided that of the general fund appropriation
 
 5 for the department of education, not less than the sum of
 
 6 $3,369,075 for fiscal year 1999-2000 and not less than the sum of
 
 7 $3,061,950 for fiscal year 2000-2001 shall be expended for the
 
 8 purpose of implementation of the Hawaii content and performance
 
 9 standards pursuant to chapter 302-201, Hawaii Revised Statutes;
 
10 and provided further that the department of education shall
 
11 submit a report detailing the progress of the implementation of
 
12 these standards to the legislature no later than twenty days
 
13 prior to the convening of the 2000 and 2001 regular sessions.
 
14 HIGHER EDUCATION
 
15      SECTION 31.  Provided that of the general fund appropriation
 
16 for small business development (UOH 222), not less than the sum
 
17 of $590,000 for fiscal year 1999-2000 and not less than the sum
 
18 of $590,000 for fiscal year 2000-2001 shall be used as a state
 
19 match for federal funds to operate the small business development
 
20 center and business research library.
 
21 CULTURE AND RECREATION
 
22      SECTION 32.  Provided that of the special fund appropriation
 
23 for spectator events and shows (AGS 889), the sum of $2,500 for
 

 
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 1 fiscal year 1999-2000 and the sum of $2,500 for fiscal year
 
 2 2000-2001 may be expended at the discretion of the stadium
 
 3 manager for promotion and other stadium-related purposes.
 
 4 PUBLIC SAFETY
 
 5      SECTION 33.  Provided that of the general fund appropriation
 
 6 for general administration (PSD 900), the sum of $20,046,400 for
 
 7 fiscal year 1999-2000 and the sum of $20,046,400 for fiscal year
 
 8 2000-2001 shall be expended for the transportation and necessary
 
 9 operating costs of housing 1,189 inmates in fiscal year 1999-2000
 
10 and 1,189 inmates in fiscal year 2000-2001 in mainland based
 
11 correctional facilities; provided further that any unencumbered
 
12 and unexpended funds shall be lapsed to the general fund; and
 
13 provided further that the department of public safety shall
 
14 submit an expenditure report to the legislature no later than
 
15 twenty days prior to the convening of the 2000 and 2001 regular
 
16 sessions.
 
17      SECTION 34.  Provided that of the general fund appropriation
 
18 for amelioration of physical disasters (DEF 110), not less than
 
19 the sum of $780,000 for fiscal year 1999-2000 and not less than
 
20 the sum of $780,000 for fiscal year 2000-2001 shall be expended
 
21 for operating costs of the youth challenge program.
 
22      SECTION 35.  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 expended for temporary cash flow
 
 3 shortfalls pending receipt of federal funds; and provided further
 
 4 that the general fund shall be reimbursed by the amounts provided
 
 5 herein upon receipt of such federal funds.
 
 6      SECTION 36.  Provided that of the general fund appropriation
 
 7 for the amelioration of physical disasters program (DEF 110), the
 
 8 sum of $600,000 for fiscal year 1999-2000 and the sum of $600,000
 
 9 for fiscal year 2000-2001 shall be expended exclusively for
 
10 relief from major disasters pursuant to chapter 127-11, Hawaii
 
11 Revised Statutes.
 
12 GOVERNMENT-WIDE SUPPORT
 
13      SECTION 37.  Provided that of the general fund appropriation
 
14 for the office of the governor (GOV 100), the sum of $14,031 for
 
15 fiscal year 1999-2000 and the sum of $14,031 for fiscal year
 
16 2000-2001 shall be expended for the governor's "contingent fund"
 
17 pursuant to chapter 37-71(f), Hawaii Revised Statutes; and
 
18 provided further that such funds may be transferred to other
 
19 programs and agencies and allotted, with the approval of the
 
20 governor, to meet contingencies as they arise.
 
21      SECTION 38.  Provided that of the general fund appropriation
 
22 for office of the governor (GOV 100), the sum of $25,000 for
 
23 fiscal year 1999-2000 shall be expended by the office of the
 

 
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 1 governor for planning and implementation of the Hawaii Millenium
 
 2 Celebration.
 
 3      SECTION 39.  Except as otherwise provided, the appropriation
 
 4 for the office of the governor (GOV 100), shall be expended at
 
 5 the discretion of the governor.
 
 6      SECTION 40.  Except as otherwise provided, the appropriation
 
 7 for the office of the lieutenant governor (LTG 100), shall be
 
 8 expended at the discretion of the lieutenant governor.
 
 9      SECTION 41.  Provided that of the general fund appropriation
 
10 for program planning, analysis and budgeting (BUF 101), the sum
 
11 of $214,279,464 for fiscal year 1999-2000 and the sum of
 
12 $237,505,137 for fiscal year 2000-2001 shall be expended for
 
13 health fund premiums for actives and retirees; provided further
 
14 that funds shall not be expended for any other purpose; provided
 
15 further that any unexpended funds shall lapse to the general
 
16 fund; and provided further that the department of budget and
 
17 finance shall submit a report of all expenditures to the
 
18 legislature no later than twenty days prior to the convening of
 
19 the 2000 and 2001 regular sessions.
 
20      SECTION 42.  Provided that of the general fund appropriation
 
21 for program planning, analysis and budgeting (BUF 101), the sum
 
22 of $3,300,000 for fiscal year 1999-2000 and the sum of $3,300,000
 
23 for fiscal year 2000-2001 shall be used for court appointed
 

 
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 1 counsel; provided further that funds shall not be expended for
 
 2 any other purpose; provided further that any unexpended funds
 
 3 shall lapse to the general fund; and provided further that the
 
 4 department of budget and finance shall submit a report of all
 
 5 expenditures to the legislature no later than twenty days prior
 
 6 to the convening of the 2000 and 2001 regular sessions.
 
 7      SECTION 43.  Provided that of the general fund appropriation
 
 8 for program planning, analysis and budgeting (BUF 101), the sum
 
 9 of $2,400,000 for fiscal year 1999-2000 and the sum of $2,400,000
 
10 for fiscal year 2000-2001 shall be expended for witness fees and
 
11 related expenses; provided further that funds shall not be
 
12 expended for any other purpose; provided further that any
 
13 unexpended funds shall lapse to the general fund; and provided
 
14 further that the department of budget and finance shall submit a
 
15 report of all expenditures to the legislature no later than
 
16 twenty days prior to the convening of the 2000 and 2001 regular
 
17 sessions.
 
18      SECTION 44.  Provided that of the general fund appropriation
 
19 for supporting services-revenue collection (TAX 107), the sum of
 
20 $1,271,593 for fiscal year 1999-2000 and the sum of $1,264,793
 
21 for fiscal year 2000-2001 shall be expended for the design,
 
22 development and implementation of the integrated tax information
 

 
 
 
Page 22                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 management system; provided further that any unencumbered and
 
 2 unexpended funds shall be lapsed to the general fund; and
 
 3 provided further that the department of taxation shall submit a
 
 4 progress and expenditure report to the legislature no later than
 
 5 twenty days prior to the convening of the 2000 and 2001 regular
 
 6 sessions.
 
 7      SECTION 45.  Provided that of the general fund appropriation
 
 8 for financial administration (BUF 115), the sum of $2,698,546 for
 
 9 fiscal year 1999-2000 and the sum of $2,698,546 for fiscal year
 
10 2000-2001 shall be expended to meet the requirements of the
 
11 uniform disposition of unclaimed property program pursuant to
 
12 chapter 523A, Hawaii Revised Statutes; provided further that
 
13 funds shall not be expended for any other purpose; provided
 
14 further that any unexpended funds shall lapse to the general
 
15 fund; and provided further that the department of budget and
 
16 finance shall submit a report of all expenditures to the
 
17 legislature no later than twenty days prior to the convening of
 
18 the 2000 and 2001 regular sessions.
 
19      SECTION 46.  Provided that of the general fund appropriation
 
20 for financial administration (BUF 115), the sum of $378,949,913
 
21 for fiscal year 1999-2000 and the sum of $398,999,648 for fiscal
 
22 year 2000-2001 shall be expended for interest and principal on
 
23 general obligation bonds; provided further that funds shall not
 

 
Page 23                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 be expended for any other purpose; provided further that any
 
 2 unexpended funds shall lapse to the general fund; and provided
 
 3 further that the department of budget and finance shall submit a
 
 4 report of all expenditures to the legislature no later than
 
 5 twenty days prior to the convening of the 2000 and 2001 regular
 
 6 sessions.
 
 7      SECTION 47.  Provided that of the general fund appropriation
 
 8 for financial administration (BUF 115), the sum of $5,000 for
 
 9 fiscal year 1999-2000 and the sum of $5,000 for 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      SECTION 48.  Provided that of the general fund appropriation
 
15 for legal services (ATG 100), the sum of $83,193 for fiscal year
 
16 1999-2000 and the sum of $70,356 for fiscal year 2000-2001 shall
 
17 be expended for additional temporary positions in the collections
 
18 unit to collect delinquent amounts owed to the state; provided
 
19 further that the delinquent amounts collected are expected to
 
20 exceed the full cost of such positions, which shall include, but
 
21 not be limited to, the cost of salaries, fringe benefits, and
 
22 other appropriate costs; and provided further that the department
 
23 of the attorney general shall submit a collections report to the
 

 
Page 24                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 legislature no later than twenty days prior to the convening of
 
 2 the 2001 regular session.
 
 3      SECTION 49.  Provided that of the general fund appropriation
 
 4 for work force attraction, selection, classification and
 
 5 effectiveness (HRD 102), the sum of $5,006,226 for fiscal year
 
 6 1999-2000 and the sum of $5,006,226 for fiscal year 2000-2001
 
 7 shall be expended for workers' compensation claims; and provided
 
 8 further that the department of human resources development shall
 
 9 submit an itemized expenditure report to the legislature no later
 
10 than twenty days prior to the convening of the 2000 and 2001
 
11 regular sessions.
 
12      SECTION 50.  Provided that of the general fund appropriation
 
13 for work force attraction, selection, classification and
 
14 effectiveness (HRD 102), the sum of $2,643,549 for fiscal year
 
15 1999-2000 and the sum of $2,643,549 for fiscal year 2000-2001
 
16 shall be expended for unemployment compensation claims of former
 
17 state employees; provided further that any unrequired and
 
18 unencumbered funds shall be lapsed to the general fund; and
 
19 provided further that the department of human resources
 
20 development shall submit a detailed report of all expenditures to
 
21 the legislature for such claims no later than twenty days prior
 
22 to the convening of the 2000 and 2001 regular sessions.
 
23      SECTION 51.  Provided that of the general fund appropriation
 

 
Page 25                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 for retirement (BUF 141), the sum of $189,228,048 for fiscal year
 
 2 1999-2000 and the sum of $192,131,046 for fiscal year 2000-2001
 
 3 shall be expended only for the following purposes:
 
 4 Purpose                           FY 1999-2000    FY 2000-2001
 
 5 Pension accumulation            $ 86,435,920     $ 87,810,000
 
 6 Social security and
 
 7   medicare contributions        $102,792,128     $104,321,046;
 
 8 provided further that any unexpended funds shall lapse to the
 
 9 general fund; and provided further that the department of budget
 
10 and finance shall submit a report of all expenditures to the
 
11 legislature no later than twenty days prior to the convening of
 
12 the 2000 and 2001 regular sessions.
 
13          PART IV.  CAPITAL IMPROVEMENT PROGRAM PROJECTS
 
14      SECTION 52.  CAPITAL IMPROVEMENT PROJECTS AUTHORIZED.  The
 
15 sums of money appropriated or authorized in part II of this Act
 
16 for capital improvements shall be expended for the projects
 
17 listed below.  Accounting of the appropriations by the department
 
18 of accounting and general services shall be based on the projects
 
19 as such projects are listed in this section. Several related or
 
20 similar projects may be combined into a single project, if such
 
21 combination is advantageous or convenient for implementation;
 
22 provided that the total cost of the projects thus combined shall
 
23 not exceed the total of the sum specified for the projects
 

 
Page 26                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 separately.  (The amount after each cost element and the total
 
 2 funding for each project listed in this part are in thousands of
 
 3 dollars.)
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Page 27                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           PART V.  CAPITAL IMPROVEMENT PROGRAM PROVISOS
 
 2      SECTION 53.  Provided that of the special funds
 
 3 appropriation for airports administration (TRN 195), the sum of
 
 4 $3,500,000 for fiscal biennium 1999-2001 shall be used for
 
 5 airports division capital improvements program staff costs,
 
 6 statewide; provided further that the airports division shall
 
 7 prepare a project-funded staff services budget report detailing
 
 8 each permanent position by number, position title, and
 
 9 compensation (including fringe benefits), in accordance with
 
10 section 92F-12(a)(14), Hawaii Revised Statutes; provided further
 
11 that the report shall include the details for non-permanent
 
12 capital improvements program related positions; and provided
 
13 further that the airports division shall submit the budget report
 
14 to the legislature no later than twenty days prior to the
 
15 convening of the 2000 and 2001 regular sessions.
 
16      SECTION 54.  Provided that of the special funds
 
17 appropriation for harbors administration (TRN 395), the sum of
 
18 $1,500,000 for fiscal biennium 1999-2001 shall be used for
 
19 harbors division capital improvements program staff costs,
 
20 statewide; provided further that the harbors division shall
 
21 prepare a project-funded staff services budget report detailing
 
22 each permanent position by number, position title, and
 
23 compensation (including fringe benefits), in accordance with
 

 
Page 28                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 section 92F-12(a)(14), Hawaii Revised Statutes; provided further
 
 2 that the report shall include the details for non-permanent
 
 3 capital improvements program related positions; and provided
 
 4 further that the harbors division shall submit the budget report
 
 5 to the legislature no later than twenty days prior to the
 
 6 convening of the 2000 and 2001 regular sessions.
 
 7      SECTION 55.  Provided that of the special funds, revenue
 
 8 bond funds and other federal funds appropriations for highways
 
 9 administration (TRN 595), the sum of $37,500,000 for fiscal
 
10 biennium 1999-2001 shall be used for highways division capital
 
11 improvements program staff costs, statewide; provided further
 
12 that the highways division shall prepare a project-funded staff
 
13 services budget report detailing each permanent position by
 
14 number, position title, and compensation (including fringe
 
15 benefits), in accordance with section 92F-12(a)(14), Hawaii
 
16 Revised Statutes; provided further that the report shall include
 
17 the details for non-permanent capital improvements program
 
18 related positions; and provided further that the highways
 
19 division shall submit the budget report to the legislature no
 
20 later than twenty days prior to the convening of the 2000 and
 
21 2001 regular sessions.
 
22      SECTION 56.  Provided that of the special funds
 
23 appropriation for school-based budgeting (EDN 100), the sum of
 

 
Page 29                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 $500,000 for fiscal biennium 1999-2001 shall be used for
 
 2 department of education capital improvements program staff costs,
 
 3 statewide; provided further that the department of education
 
 4 shall prepare a project-funded staff services budget report
 
 5 detailing each permanent position by number, position title, and
 
 6 compensation (including fringe benefits), in accordance with
 
 7 section 92F-12(a)(14), Hawaii Revised Statutes; provided further
 
 8 that the report shall include the details for non-permanent
 
 9 capital improvements program related positions; and provided
 
10 further that the department of education shall submit the budget
 
11 report to the legislature no later than twenty days prior to the
 
12 convening of the 2000 and 2001 regular sessions.
 
13      SECTION 57.  After the objectives of appropriations made in
 
14 this Act for capital investment purposes from the state
 
15 educational facilities improvement special fund have been met,
 
16 any unrequired balances shall be transferred to the special
 
17 funded project adjustment fund for state educational facilities
 
18 appropriated in part II and described further in part IV, and
 
19 shall be considered a supplementary appropriation thereto.
 
20      SECTION 58.  In the event that currently authorized
 
21 appropriations specified for capital investment purposes listed
 
22 in this Act or in any other Act currently authorized by the
 
23 legislature are insufficient, and where the source of funding for
 

 
Page 30                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 the project is designated as the state educational facilities
 
 2 improvement special fund, the governor may make supplemental
 
 3 allotments from the special funded project adjustment fund for
 
 4 state educational facilities appropriated in part II and
 
 5 described further in part IV; provided that such supplemental
 
 6 allotments from the special funded project adjustment fund for
 
 7 state educational facilities shall not be used to increase the
 
 8 scope of the project, and may only be made to supplement
 
 9 currently authorized capital investment project cost elements.
 
10      SECTION 59.  Provided that of the special fund appropriation
 
11 for performing and visual arts events (AGS 881), the sum of
 
12 $150,000 for fiscal year 1999-2000 shall be used for a study to
 
13 evaluate alternative locations for the development of a state art
 
14 gallery; provided further that this study shall consider
 
15 locations within the capitol district, the university of Hawaii,
 
16 the Honolulu academy of arts, and other private facilities; and
 
17 provided further that the finding of the study shall be submitted
 
18 to the legislature no later than twenty days prior to the
 
19 convening of the 2000 regular sessions.
 
20      SECTION 60.  Provided that of the general obligation bond
 
21 fund appropriation for system wide support (UOH 900), the sum of
 
22 $2,000,000 for fiscal biennium 1999-2001 shall be used for the
 
23 renewal and renovation of the community college's physical plant;
 

 
Page 31                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 provided further that the funds shall not be used for the
 
 2 construction of new buildings or infrastructure to support future
 
 3 development.
 
 4      SECTION 61.  Provided that of the general obligation bond
 
 5 fund appropriation for Hawaii community development authority
 
 6 project funded staff costs (AGS 221), the sum of $3,200,000 for
 
 7 fiscal biennium 1999-2001 shall be used for Hawaii community
 
 8 development authority capital improvements program staff costs,
 
 9 statewide; provided further that the Hawaii community development
 
10 authority shall prepare a project-funded staff services budget
 
11 report detailing each permanent position by number, position
 
12 title, and compensation (including fringe benefits), in
 
13 accordance with section 92F-12(a)(14), Hawaii Revised Statutes;
 
14 provided further that the report shall include the details for
 
15 non-permanent capital improvements program related positions; and
 
16 provided further that the Hawaii community development authority
 
17 shall submit the budget report to the legislature no later than
 
18 twenty days prior to the convening of the 2000 and 2001 regular
 
19 sessions.
 
20      SECTION 62.  Provided that of the general obligation bond
 
21 fund appropriation for construction (AGS 221), the sum of
 
22 $12,800,000 for fiscal biennium 2000-2001 shall be used for
 
23 department of accounting and general services capital
 

 
Page 32                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 improvements program staff costs, statewide; provided further
 
 2 that the department of accounting and general services shall
 
 3 prepare a project-funded staff services budget report detailing
 
 4 each permanent position by number, position title, and
 
 5 compensation (including fringe benefits), in accordance with
 
 6 section 92F-12(a)(14), Hawaii Revised Statutes; provided further
 
 7 that the report shall include the details for all non-permanent
 
 8 capital improvements program related positions; and provided
 
 9 further that the department of accounting and general services
 
10 shall submit the budget report to the legislature no later than
 
11 twenty days prior to the convening of the 2000 and 2001 regular
 
12 sessions.
 
13      SECTION 63.  Provided that of the general obligation bond
 
14 fund appropriation for the city and county of Honolulu (SUB 201),
 
15 the sum of $4,000,000 for fiscal biennium 1999-2001 shall be used
 
16 for construction and equipment for the Manoa community
 
17 recreational facility; and provided further that no funds shall
 
18 be expended unless matched on a 1:2 basis with funds from the
 
19 city and county of Honolulu and/or other sources.
 
20      SECTION 64.  Act 328, Session Laws of Hawaii 1997, section
 
21 140A, as amended by Act 116, Session Laws of Hawaii 1998, section
 
22 5, is amended to read as follows:
 
23      (1)  By amending Item A-9A to read:
 

 
Page 33                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 "9A. 980002   LOWER HAMAKUA DITCH WATERSHED PROJECT, HAWAII
 
 2               PLANS, DESIGN, LAND ACQUISITION, AND CONSTRUCTION
 3               IMPROVEMENTS AND EMERGENCY REPAIR AS REQUIRED FOR
 4               AN IRRIGATION PROJECT ENCOMPASSING FORMER SUGAR
 5               CANE FIELDS SERVED BY THE LOWER HAMAKUA DITCH.
 6               THIS PROJECT IS DEEMED NECESSARY TO QUALIFY FOR
 7               FEDERAL AID FINANCING AND/OR REIMBURSEMENT.
 8                   PLANS                                   10
 9                   LAND                                    10
10                   DESIGN                                  90
11                   CONSTRUCTION                          [900] 890
12                     TOTAL FUNDING    AGR        C       1,000  C"
13      (2)  By amending Item A-9C to read:
14 "9C. 990001   KULA VACUUM COOLING PLANT, MAUI
15               DESIGN AND CONSTRUCTION FOR IMPROVEMENTS FOR THE
16               VACUUM COOLING [CHAMBERS] FACILITIES AT
17               KULA, MAUI.
18                   DESIGN                               [1]  10
19                   CONSTRUCTION                         [49] 40
20                     TOTAL FUNDING    AGR        C           50 C"
21      (3)  By amending Item G-86 to read:
22 "86.          PEARL RIDGE ELEMENTARY SCHOOL, OAHU
23               DESIGN, CONSTRUCTION, AND EQUIPMENT FOR THE
24               RENOVATION AND EXPANSION OF LIBRARY SPACE FOR A
25               VIDEO STUDIO AND BROADCAST BOOTH ROOM; GROUND AND
26               SITE IMPROVEMENTS; EQUIPMENT AND APPURTENANCES.
27                   DESIGN                    20
28                   CONSTRUCTION             155
29                   EQUIPMENT                100
30                     TOTAL FUNDING    AGS   275  C            C"
31      (4)  By amending Item G-89 to read:
32 "97.          MANOA PUBLIC LIBRARY, OAHU
33               PLANS, LAND ACQUISITION, DESIGN, CONSTRUCTION, AND
34               EQUIPMENT FOR [A NEW] THE EXPANSION AND RENOVATION
35               OF THE EXISTING LIBRARY FACILITY. [WITH

 
 
 
 
 
 
 
 
 
 
 
Page 34                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1               TEMPERATURE, HUMIDITY, AND A COUSTICAL CONTROLS.]
 2                   PLANS                     50
 3                   LAND                       2
 4                   DESIGN                   600
 5                   CONSTRUCTION       [5999] 3299
 6                   EQUIPMENT                  1
 7                     TOTAL FUNDING    AGS   652  C [6000] 3300  C"
 8      (5)  By amending Item H-35C to read:
 9 "35C.         ALOHA STADIUM, EMERGENCY GENERATOR AND
10               DISTRIBUTION CABLES, OAHU
11               DESIGN AND CONSTRUCTION FOR REPLACEMENT OF EXISTING
12               STANDBY GENERATOR, TRANSFER SWITCH, AND ASSOCIATED
13               EQUIPMENT; REPLACEMENT OF EXISTING FUEL TANK;
14               MODIFICATION OF EXISTING GENERATOR ROOM;
15               REPLACEMENT OF EXISTING EMERGENCY SWITCHBOARD; AND
16               REPLACEMENT OF EXISTING UNDERGROUND FEEDERS.  [TO
17               REPLACE ARTIFICIAL PLAYING SURFACE AND PAD, AND
18               PERFORM RELATED REPAIRS ON WARNING TRACK AND
19               SUPPORTING FOUNDATION.]
20                   DESIGN                    85
21                   CONSTRUCTION             815
22                     TOTAL FUNDING    AGS   900  C             C"
23      (6)  By amending Item K-1 to read:
24 "1.  GO1       PROJECT ADJUSTMENT FUND, STATEWIDE
25               DESIGN FOR THE ESTABLISHMENT OF A CONTINGENCY FUND
26               FOR PROJECT ADJUSTMENT PURPOSES SUBJECT TO THE
27               PROVISIONS OF THE APPROPRIATIONS ACT.
28                   DESIGN                     1             1
29                     TOTAL FUNDING GOV [AGS]  1  C          1  C"
30      SECTION 65.  Any law to the contrary notwithstanding, the
 
31 appropriation which is denoted as necessary to qualify for
 
32 federal aid financing and/or reimbursement under Act 296, Session
 
33 Laws of Hawaii 1991, section 165, as amended and renumbered by
 

 
 
 
 
 
 
 
 
 
 
Page 35                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 Act 300, Session Laws of Hawaii 1992, section 5, in the amount
 
 2 indicated or balance thereof, is hereby amended to read as
 
 3 follows:
 
 4     "Item No.                                   Amount (MOF)
 
 5      C-37                              $        63,427  [D] E"
 
 6      SECTION 66.  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 316, Session
 
 9 Laws of Hawaii 1989, section 222, as amended by Act 299, Session
 
10 Laws of Hawaii 1990, section 6, in the amounts indicated or
 
11 balances thereof, are hereby amended to read as follows:
 
12     "Item No.                                   Amount (MOF)
 
13      C-41                              $      3,620,258 [D] E
14      C-60                                       209,099 [D] E"
15      SECTION 67.  Any law to the contrary notwithstanding, the
16 appropriations which are denoted as necessary to qualify for
17 federal aid financing and/or reimbursement under Act 216, Session
18 Laws of Hawaii 1987, section 280, as amended by Act 390, Session
19 Laws of Hawaii 1988, section 6, in the amounts indicated or
20 balances thereof, are hereby amended to read as follows:
21     "Item No.                                   Amount (MOF)
 
22      C-43                              $       150,911  [D] E
23      C-47                                    1,422,737  [D] E
24      C-73                                      126,093  [D] E"
25      SECTION 68.  Any law to the contrary notwithstanding, the

 
 
 
 
 
 
 
 
 
Page 36                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 appropriations which are denoted as necessary to qualify for
 2 federal aid financing and/or reimbursement under Act 300, Session
 3 Laws of Hawaii 1985, section 222, as amended by Act 345, Session
 4 Laws of Hawaii 1986, section 6, in the amounts indicated or
 5 balances thereof, are hereby amended to read as follows:
 6     "Item No.                                   Amount (MOF)
 
 7      C-32                              $       976,276  [D] E
 8      C-33                                      513,186  [D] E
 9      C-34                                       10,183  [D] E"
10      SECTION 69.  Any law to the contrary notwithstanding, the
11 appropriation which is denoted as necessary to qualify for
12 federal aid financing and/or reimbursement under Act 301, Session
13 Laws of Hawaii 1983, section 80, as amended by Act 285, Session
14 Laws of Hawaii 1984, section 7, in the amount indicated or
15 balance thereof, is hereby amended to read as follows:
16     "Item No.                                   Amount (MOF)
 
17      C-37                              $       882,518  [D] E"
 
18      SECTION 70.  Any law to the contrary notwithstanding, the
 
19 appropriation which is denoted as necessary to qualify for
 
20 federal aid financing and/or reimbursement under Act 1, First
 
21 Special Session Laws of Hawaii 1981, section 92, as amended by
 
22 Act 264, Session Laws of Hawaii 1982, section 5, in the amount
 
23 indicated or balance thereof, is hereby amended to read as
 
24 follows:
 

 
 
 
 
 
 
 
 
 
 
 
 
 
Page 37                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1     "Item No.                                   Amount (MOF)
 
 2      C-40                              $       57,039   [D] E"
 
 3      SECTION 71.  Any law to the contrary notwithstanding, the
 
 4 appropriations under Act 328, Session Laws of Hawaii 1997,
 
 5 section 140A, as amended by Act 116, Session Laws of Hawaii 1998,
 
 6 section 5, in the amounts indicated or balances thereof,
 
 7 unallotted, allotted, encumbered, and unrequired, are hereby
 
 8 lapsed:
 
 9     "Item No.                                   Amount (MOF)
 
10      A-1                               $         100,000 C
11      A-6                                         800,000 C
12      A-20                                      1,000,000 C
13      C-6                                       5,000,000 B
14      C-7                                         650,000 B
15      C-11                                        120,000 B
16      C-17                                     56,000,000 B
17      C-19                                     10,465,000 B
18      C-22                                     37,000,000 B
19      C-29                                        670,000 B
20      C-32                                      1,262,000 B
21      C-37                                        120,000 B
22      C-40                                        130,000 B
23      C-43                                      5,300,000 B
24      C-52                                      6,400,000 B
25      C-74                                        300,000 B
26      C-80A                                     3,500,000 B
27      C-81                                        500,000 B
28      C-82                                      8,000,000 B
29      D-12                                        100,000 C
30      G-19                                      1,000,000 B
31      G-21                                      1,000,000 B
32      G-67                                         50,500 C
33      G-82                                        120,000 C
34      H-41                                        185,000 C
35      K-10                                      1,938,097 C
36      K-13                                        969,152 C
37      K-26                                          4,000 C"

 
Page 38                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      SECTION 72.  Any law to the contrary notwithstanding, the
 2 appropriation under Act 218, Session Laws of Hawaii 1995, section
 3 99, as amended and renumbered by Act 287, Session Laws of Hawaii
 4 1996, section 5, in the amount indicated or balance thereof,
 5 unallotted, allotted, encumbered and unrequired, is hereby
 6 lapsed:
 7     "Item No.                                   Amount (MOF)
 
 8      A-6                               $         7,452   C"
 
 9      SECTION 73.  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 289, Session
 
12 Laws of Hawaii 1993, section 127, as amended by Act 252, Session
 
13 Laws of Hawaii 1994, section 5, in the amounts indicated or
 
14 balances thereof, unallotted, allotted, encumbered, and
 
15 unrequired, are hereby lapsed:
 
16     "Item No.                                   Amount (MOF)
 
17      C-6                               $      3,011,000  E
18      C-6                                        500,000  N
19      C-12                                       170,000  E
20      C-12                                       100,000  N"
21      SECTION 74.  Any law to the contrary notwithstanding, the
 
22 general fund appropriation under Act 7, Special Session of Hawaii
 
23 1993, section 23, in the amount of $324,994, or balance thereof,
 
24 unallotted, encumbered and unrequired, is hereby lapsed.
 
25      SECTION 75.  Any law to the contrary notwithstanding, the
 

 
 
 
 
 
 
 
Page 39                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 appropriations under Act 296, Session Laws of Hawaii 1991,
 
 2 section 165, as amended by Act 300, Session Laws of Hawaii 1992,
 
 3 section 5, in the amounts indicated or balances thereof,
 
 4 unallotted, allotted, encumbered and unrequired, are hereby
 
 5 lapsed:
 
 6     "Item No.                                   Amount (MOF)
 
 7      A-14                              $        804,000  C
 8      A-18                                       140,600  C"
 9      SECTION 76.  Any law to the contrary notwithstanding, the
 
10 appropriation which is denoted as necessary to qualify for
 
11 federal aid financing and/or reimbursement under Act 296, Session
 
12 Laws of Hawaii 1991, section 165, as amended and renumbered by
 
13 Act 300, Session Laws of Hawaii 1992, section 5, in the amount
 
14 indicated or balance thereof, unallotted, allotted, encumbered
 
15 and unrequired, is hereby lapsed:
 
16     Item No.                                    Amount (MOF)
 
17      C-90                              $         301,591 D"
 
18      SECTION 77.  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 316, Session
 
21 Laws of Hawaii 1989, section 222, as amended by Act 299, Session
 
22 Laws of Hawaii 1990, section 6, and as amended by Act 287,
 
23 Session Laws of Hawaii 1996, section 6, in the amounts indicated
 
24 or balances thereof, unallotted, allotted, encumbered, and
 

 
Page 40                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 unrequired, are hereby lapsed:
 
 2     "Item No.                                   Amount (MOF)
 
 3      C-1                               $        341,830  E
 
 4      C-2                                        561,026  E
 
 5      C-4                                        110,440  E
 
 6      C-7                                        691,332  E
 
 7      C-9                                        386,754  E
 
 8      C-12                                     3,124,512  E
 
 9      C-13                                       707,668  E
 
10      C-18                                     2,564,080  E
 
11      C-20                                       104,798  E
 
12      C-21                                       122,760  E
 
13      C-23                                        45,396  E"
 
14      SECTION 78.  Any law to the contrary notwithstanding, the
 
15 appropriation which is denoted as necessary to qualify for
 
16 federal aid financing and/or reimbursement under Act 316, Session
 
17 Laws of Hawaii 1989, section 222, as amended by Act 299, Session
 
18 Laws of Hawaii 1990, section 6, and as amended by Act 300,
 
19 Session Laws of Hawaii 1992, section 7, in the amounts indicated
 
20 or balances thereof, unallotted, allotted, encumbered, and
 
21 unrequired, is hereby lapsed:
 
22     "Item No.                                   Amount (MOF)
 
23      C-10                              $    11,211,321   E
24      C-10                                    1,000,000   N"
25      SECTION 79.  Any law to the contrary notwithstanding, the
 
26 appropriations which are denoted as necessary to qualify for
 
27 federal aid financing and/or reimbursement under Act 316, Session
 
28 Laws of Hawaii 1989, section 222, as amended by Act 299, Session
 
29 Laws of Hawaii 1990, section 6, in the amounts indicated or
 
Page 41                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 balances thereof, unallotted, allotted, encumbered, and
 
 2 unrequired, are hereby lapsed:
 
 3     "Item No.                                   Amount (MOF)
 
 4      C-16                              $           622   B
 
 5      C-17                                    7,668,997   E
 
 6      C-17                                    1,000,000   N
 
 7      C-19                                    8,800,000   E
 
 8      C-41                                            1   D
 
 9      C-51                                      110,170   D
 
10      C-53A                                       2,322   D
 
11      C-60                                          120   D
 
12      C-61                                      237,403   D
 
13      C-64                                      268,093   D
 
14      C-67                                          367   D
 
15      H-6                                            27   C"
 
16      SECTION 80.  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 216, Session
 
19 Laws of Hawaii 1987, section 280, as amended by Act 390, Session
 
20 Laws of Hawaii 1988, 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      C-1                               $        215,628  E
26      C-2                                        682,252  E
27      C-2                                        102,603  B
28      C-3                                         21,665  E
29      C-10                                       522,969  E
30      C-10                                       178,245  B
31      C-14                                       201,416  E
32      C-14                                        19,798  B
33      C-19                                     2,461,312  E
 
Page 42                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      C-19                                           960  B"
 2      SECTION 81.  Any law to the contrary notwithstanding, the
 
 3 appropriation which is denoted as necessary to qualify for
 
 4 federal aid financing and/or reimbursement under Act 216, Session
 
 5 Laws of Hawaii 1987, section 280, as amended by Act 390, Session
 
 6 Laws of Hawaii 1988, section 6, and as amended by Act 300,
 
 7 Session Laws of Hawaii 1992, section 7 and Act 287, Session Laws
 
 8 of Hawaii 1996, section 6, in the amount indicated or balance
 
 9 thereof, unallotted, allotted, encumbered, and unrequired, is
 
10 hereby lapsed:
 
11     "Item No.                                   Amount (MOF)
 
12      C-7                               $         183,143 E"
 
13      SECTION 82.  Any law to the contrary notwithstanding, the
 
14 appropriations which are denoted as necessary to qualify for
 
15 federal aid financing and/or reimbursement under Act 216, Session
 
16 Laws of Hawaii 1987, section 280, as amended by Act 390, Session
 
17 Laws of Hawaii 1988, section 6, in the amounts indicated or
 
18 balances thereof, unallotted, allotted, encumbered, and
 
19 unrequired, are hereby lapsed:
 
20     "Item No.                                   Amount (MOF)
 
21      C-17                              $        24,824   B
 
22      C-41                                      101,504   D
 
23      C-42                                      130,270   D
 
24      C-44                                        8,900   D
 
25      C-45                                        1,353   D
 
26      C-47                                       21,542   D
 
27      C-48                                          279   D
 
Page 43                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      C-54                                          688   D
 
 2      C-61                                       45,232   D
 
 3      C-62                                           51   D
 
 4      C-65                                      332,920   D
 
 5      C-72                                       18,190   D
 
 6      C-80                                       50,721   D
 
 7      C-82A                                       3,667   D
 
 8      C-84                                        1,582   D
 
 9      C-89                                       45,283   D"
 
10      SECTION 83.  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 300, Session
 
13 Laws of Hawaii 1985, section 222, as amended by Act 345, Session
 
14 Laws of Hawaii 1986, section 6, and as amended by Act 287,
 
15 Session Laws of Hawaii 1996, section 6, in the amounts indicated
 
16 or balances thereof, unallotted, allotted, encumbered, and
 
17 unrequired, are hereby lapsed:
 
18     "Item No.                                   Amount (MOF)
 
19      C-1                               $       108,107   E
20      C-1                                        25,882   B
21      C-2                                       144,107   E
22      C-2                                         7,357   B
23      C-3                                           669   E
24      C-3                                        64,293   B
25      C-8                                         1,125   E
26      C-10                                      376,732   E
27      C-10                                       88,347   B
28      C-16                                      261,693   E
29      C-16                                      100,433   B"
30      SECTION 84.  Any law to the contrary notwithstanding, the
 
31 appropriation which is denoted as necessary to qualify for
 
32 federal aid financing and/or reimbursement under Act 300, Session
 
Page 44                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 Laws of Hawaii 1985, section 222, as amended by Act 345, Session
 
 2 Laws of Hawaii 1986, section 6, and as amended by Act 300,
 
 3 Session Laws of Hawaii 1992, section 7, and Act 287, Session Laws
 
 4 of Hawaii 1996, section 6, in the amount indicated or balance
 
 5 thereof, unallotted, allotted, encumbered, and unrequired, is
 
 6 hereby lapsed:
 
 7     "Item No.                                   Amount (MOF)
 
 8      C-9                               $         108,606 E"
 
 9      SECTION 85.  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, in the amounts indicated or
 
14 balances thereof, unallotted, allotted, encumbered, and
 
15 unrequired, are hereby lapsed:
 
16     "Item No.                                   Amount (MOF)
 
17      C-13                              $       220,109   E
 
18      C-13                                      168,012   B
 
19      C-14                                       26,178   B
 
20      C-31                                       24,861   D
 
21      C-33                                       24,166   D
 
22      C-40                                            1   D
 
23      C-43                                       50,718   D
 
24      C-44                                       96,128   D
 
25      C-54A                                       9,527   D
 
26      H-41                                       41,099   C
 
27      H-52                                        4,636   C"
 
28      SECTION 86.  Any law to the contrary notwithstanding, the
 
Page 45                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 appropriations which are denoted as necessary to qualify for
 
 2 federal aid financing and/or reimbursement under Act 301, Session
 
 3 Laws of Hawaii 1983, section 80, as amended by Act 285, Session
 
 4 Laws of Hawaii 1984, section 7, and as amended by Act 287,
 
 5 Session Laws of Hawaii 1996, section 6, in the amounts indicated
 
 6 or balances thereof, unallotted, allotted, encumbered, and
 
 7 unrequired, are hereby lapsed:
 
 8     "Item No.                                   Amount (MOF)
 
 9      C-2                               $       39,797    E
10      C-2                                       54,128    B
11      C-3                                      529,415    E
12      C-3                                          872    B
13      C-4                                       62,551    E
14      C-6                                       91,702    B
15      C-10                                      30,581    E
16      C-12                                     458,607    E
17      C-12                                      14,943    B
18      C-15                                     245,144    E
19      C-15                                      65,000    B
20      C-18                                     132,747    E"
21      SECTION 87.  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 301, Session
 
24 Laws of Hawaii 1983, section 80, as amended by Act 285, Session
 
25 Laws of Hawaii 1984, section 7, in the amounts indicated or
 
26 balances thereof, unallotted, allotted, encumbered, and
 
27 unrequired, are hereby lapsed:
 
28     "Item No.                                   Amount (MOF)
 
29      C-17                              $        34,703   B
 
30      C-35                                       49,305   D
 

 
Page 46                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      C-36                                      226,343   D
 
 2      C-37                                      120,292   D
 
 3      C-38                                       22,233   D
 
 4      C-47A                                      47,902   D"
 
 5      SECTION 88.  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 1, First
 
 8 Special Session Laws of Hawaii 1981, section 92, as amended by
 
 9 Act 264, Session Laws of Hawaii 1982, section 5, and as amended
 
10 by Act 287, Session Laws of Hawaii 1996, section 6, in the
 
11 amounts indicated or balances thereof, unallotted, allotted,
 
12 encumbered, and unrequired, are hereby lapsed:
 
13     "Item No.                                   Amount (MOF)
 
14      C-4                               $          5,368  E
 
15      C-5                                      1,098,928  B
 
16      C-13                                        26,997  E
 
17      C-17                                        11,511  E
 
18      C-17                                           638  B
 
19      C-19                                        14,921  E"
 
20      SECTION 89.  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 1, First
 
23 Special Session Laws of Hawaii 1981, section 92, as amended by
 
24 Act 264, Session Laws of Hawaii 1982, section 5, in the amounts
 
25 indicated or balances thereof, unallotted, allotted, encumbered,
 
26 and unrequired, are hereby lapsed:
 
27     "Item No.                                   Amount (MOF)
 
28      C-3                               $           498   B
 
Page 47                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      C-3A                                      143,894   E
 2      C-16                                      512,303   E
 3      C-46B                                       5,769   D
 4      C-48                                       36,994   D
 5      C-49A                                           5   D
 6      C-50                                      140,258   D"
 7      SECTION 90.  Any law to the contrary notwithstanding, the
 
 8 appropriation which is denoted as necessary to qualify for
 
 9 federal aid financing and/or reimbursement under Act 214, Session
 
10 Laws of Hawaii 1979, section 120, as amended by Act 300, Session
 
11 Laws of Hawaii 1980, section 7, in the amount indicated or
 
12 balance thereof, unallotted, allotted, encumbered, and
 
13 unrequired, is hereby lapsed:
 
14     "Item No.                                   Amount (MOF)
 
15      C-20                              $         92,860  E"
 
16      SECTION 91.  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 10, First
 
19 Special Session Laws of Hawaii 1977, section 86, as amended by
 
20 Act 243, Session Laws of Hawaii 1978, section 5, in the amounts
 
21 indicated or balances thereof, unallotted, allotted, encumbered,
 
22 and unrequired, are hereby lapsed:
 
23     "Item No.                                   Amount (MOF)
 
24      C-11                              $         49,951  E
25      C-14                                           303  E
26      C-14                                        15,914  B"
27      SECTION 92.  Any law to the contrary notwithstanding, the
 

 
 
Page 48                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 appropriation which is denoted as necessary to qualify for
 
 2 federal aid financing and/or reimbursement under Act 195, Session
 
 3 Laws of Hawaii 1975, section 88, as amended by Act 226, Session
 
 4 Laws of Hawaii 1976, section 6, and as amended by Act 287,
 
 5 Session Laws of Hawaii 1996, section 6, in the amounts indicated
 
 6 or balances thereof, unallotted, allotted, encumbered, and
 
 7 unrequired, is hereby lapsed:
 
 8     "Item No.                                   Amount (MOF)
 
 9      C-8                               $       104,159   E
10      C-8                                        20,282   B"
11      SECTION 93.  Any law to the contrary notwithstanding, the
 
12 appropriations which are denoted as necessary to qualify for
 
13 federal aid financing and/or reimbursement under Act 195, Session
 
14 Laws of Hawaii 1975, section 88, as amended by Act 226, Session
 
15 Laws of Hawaii 1976, in the amounts indicated or balances
 
16 thereof, unallotted, allotted, encumbered, and unrequired, are
 
17 hereby lapsed:
 
18     "Item No.                                   Amount (MOF)
 
19      C-7                               $         127,851 E
 
20      C-9                                          53,860 B
 
21      C-17                                         52,499 B"
 
22      SECTION 94.  Any law to the contrary notwithstanding, the
 
23 appropriation which is denoted as necessary to qualify for
 
24 federal aid financing and/or reimbursement under Act 68, Session
 
25 Laws of Hawaii 1971, section 4, as amended by Act 202, Session
 

 
Page 49                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 Laws of Hawaii 1972, section 4, in the amount indicated or
 
 2 balance thereof, unallotted, allotted, encumbered, and
 
 3 unrequired, is hereby lapsed:
 
 4     "Item No.                                   Amount (MOF)
 
 5      H-1                               $        33,766   B"
 
 6      SECTION 95.  Any law to the contrary notwithstanding, the
 
 7 appropriation which is denoted as necessary to qualify for
 
 8 federal aid financing and/or reimbursement under Act 40, Session
 
 9 Laws of Hawaii 1968, section 1, in the amount indicated or
 
10 balance thereof, unallotted, allotted, encumbered, and
 
11 unrequired, is hereby lapsed:
 
12     "Item No.                                   Amount (MOF)
 
13      C-8                               $         39,525  E"
 
14                    PART VI.  ISSUANCE OF BONDS
 
15      SECTION 96.  GOVERNOR'S DISCRETIONARY POWERS.  When it is
 
16 deemed in the public interest of the State, the governor, in his
 
17 discretion, is authorized to use general fund savings or balances
 
18 determined to be available from authorized general fund program
 
19 appropriations to finance capital improvement projects authorized
 
20 in this Act or any other act currently authorized by the
 
21 legislature, where the method of financing is designated to be
 
22 the general obligation bond fund.  Any law or provision to the
 
23 contrary notwithstanding, the governor may replace general
 

 
Page 50                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 obligation bond funds appropriated for capital improvement
 
 2 projects with general obligation reimbursable bond funds, when
 
 3 the expenditure of such general obligation reimbursable bond
 
 4 funds is deemed appropriate for the project.
 
 5      SECTION 97.  AIRPORT REVENUE BONDS.  The department of
 
 6 transportation is authorized to issue airport revenue bonds for
 
 7 airport capital improvement program projects authorized in part
 
 8 II and listed in part IV of this Act and designated to be
 
 9 financed by revenue bond funds or by general obligation bond
 
10 funds with debt service cost to be paid from special funds, in
 
11 such principal amount as shall be required to yield the amounts
 
12 appropriated for such capital improvements program projects, and,
 
13 if so determined by the department and approved by the governor,
 
14 such additional principal amount as may be deemed necessary by
 
15 the department to pay interest on such airport revenue bonds
 
16 during the estimated period of construction of the capital
 
17 improvements program project for which such airport revenue bonds
 
18 are issued, to establish, maintain, or increase reserves for the
 
19 airport revenue bonds and to pay the expenses of issuance of such
 
20 bonds.  The aforementioned airport revenue bonds shall be issued
 
21 pursuant to the provisions of part III of chapter 39, Hawaii
 
22 Revised Statutes, as the same may be amended from time to time.
 
23 The principal of and interest on airport revenue bonds, to the
 

 
Page 51                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 extent not paid from the proceeds of such bonds, shall be payable
 
 2 solely from and secured solely by the revenues from airports and
 
 3 related facilities under the ownership of the State or operated
 
 4 and managed by the department and the aviation fuel taxes levied
 
 5 and paid pursuant to sections 243-4(a)(2) and 248-8, Hawaii
 
 6 Revised Statutes, or such parts of either thereof as the
 
 7 department may determine, including rents, landing fees, and
 
 8 other fees or charges presently or hereafter derived from or
 
 9 arising through the ownership, operation, and management of
 
10 airports and related facilities and the furnishing and supplying
 
11 of the services thereof.  The expenses of the issuance of such
 
12 airport revenue bonds shall to the extent not paid from the
 
13 proceeds of such bonds be paid from the airport revenue fund.
 
14      The governor, in his discretion, is authorized to use the
 
15 airport 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 airport revenue bond funds.
 
18      SECTION 98.  HARBOR REVENUE BONDS.  The department of
 
19 transportation is authorized to issue harbor revenue bonds for
 
20 harbor capital improvement program projects authorized in part II
 
21 and listed in part IV of this Act and designated to be financed
 
22 by revenue bond funds or by general obligation bond funds with
 
23 debt service cost to be paid from special funds, in such
 

 
Page 52                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 principal amount as shall be required to yield the amounts
 
 2 appropriated for such capital improvement program projects, and,
 
 3 if so determined by the department and approved by the governor,
 
 4 such additional amounts as may be deemed necessary by the
 
 5 department to pay interest on such revenue bonds during the
 
 6 estimated construction period of the capital improvement project
 
 7 for which such harbor revenue bonds are issued, to establish,
 
 8 maintain, or increase reserves for the harbor revenue bonds or
 
 9 harbor revenue bonds heretofore authorized (whether authorized
 
10 and issued or authorized and still unissued), and to pay the
 
11 expenses of issuance of such bonds.  The aforementioned harbor
 
12 revenue bonds shall be issued pursuant to the provisions of part
 
13 III of chapter 39, Hawaii Revised Statutes, as the same may be
 
14 amended from time to time.  The principal of and interest on
 
15 harbor revenue bonds, to the extent not paid from the proceeds of
 
16 such bonds, shall be payable solely from and secured solely by
 
17 the revenues derived from harbors and related facilities under
 
18 the ownership of the State or operated and managed by the
 
19 department, including rents, mooring, wharfage, dockage, and
 
20 pilotage fees, and other fees or charges presently or hereafter
 
21 derived from or arising through the ownership, operation, and
 
22 management of harbor and related facilities and the furnishing
 
23 and supplying of the services thereof.  The expenses of the
 

 
Page 53                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 issuance of such harbor revenue bonds shall, to the extent not
 
 2 paid from the proceeds of such bonds, be paid from the harbor
 
 3 special fund.
 
 4      The governor, in his discretion, is authorized to use the
 
 5 harbor revenue fund to finance those projects authorized in part
 
 6 II and listed in part IV of this Act where the method of
 
 7 financing is designated to be by harbor revenue bond funds.
 
 8      SECTION 99.  HIGHWAY REVENUE BONDS.  The department of
 
 9 transportation is authorized to issue highway revenue bonds for
 
10 highway capital improvement projects authorized in part II and
 
11 listed in part IV of this Act and designated to be financed by
 
12 revenue bond funds or by general obligation bond funds with the
 
13 debt service cost to be paid from special funds, in such
 
14 principal amount as shall be required to yield the amounts
 
15 appropriated for such capital improvement projects, and, if so
 
16 determined by the department and approved by the governor, such
 
17 additional principal amount as may be deemed necessary by the
 
18 department to pay interest on such highway revenue bonds during
 
19 the estimated period of construction of the capital improvement
 
20 project for which such highway revenue bonds are issued, to
 
21 establish, maintain, or increase reserves for such highway
 
22 revenue bonds or highway revenue bonds heretofore authorized
 
23 (whether authorized and issued or authorized and still unissued),
 

 
Page 54                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 and to pay all or any part of the expenses related to the
 
 2 issuance of such highway revenue bonds.  The aforementioned
 
 3 highway revenue bonds shall be issued pursuant to the provisions
 
 4 of part III of chapter 39, Hawaii Revised Statutes, as the same
 
 5 may be amended from time to time.  The principal of and interest
 
 6 on such highway revenue bonds, to the extent not paid from the
 
 7 proceeds of such highway revenue bonds, shall be payable from and
 
 8 secured by the revenues derived from highways and related
 
 9 facilities under the ownership of the State or operated and
 
10 managed by the department, from the highway fuel taxes, vehicle
 
11 weight taxes, and vehicle registration fees, levied and paid
 
12 pursuant to sections 243-4, 248-8, 249-31, and 249-33, Hawaii
 
13 Revised Statutes, and federal moneys received by the State or any
 
14 department thereof which are available to pay principal of and/or
 
15 interest on indebtedness of the State, or such part of any
 
16 thereof as the department may determine, and other user taxes,
 
17 fees or charges currently or hereafter derived from or arising
 
18 through the ownership, operation, and management of highways and
 
19 related facilities and the furnishing and supplying of the
 
20 services thereof.  The expenses related to the issuance of such
 
21 highway revenue bonds, to the extent not paid from the proceeds
 
22 of such bonds, shall be paid from the State highway fund.
 
23      The governor, in his discretion, is authorized to use moneys
 

 
Page 55                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 in the State highway fund to finance those highway capital
 
 2 improvement projects authorized in part II and listed in part IV
 
 3 of this Act where the method of financing is designated to be by
 
 4 revenue bond funds.
 
 5      SECTION 100.  SMALL BOAT HARBOR REVENUE BONDS.  The
 
 6 department of land and natural resources is authorized to issue
 
 7 small boat harbor revenue bonds for small boat harbor capital
 
 8 improvement projects authorized in part II and listed in part IV
 
 9 of this Act and designated to be financed by revenue bond funds
 
10 or by general obligation bond funds with debt service cost to be
 
11 paid from special funds.  The principal amount of such bonds
 
12 shall be sufficient to yield the amounts appropriated for such
 
13 capital improvements, and, if so determined by the department and
 
14 approved by the governor, such additional amounts as may be
 
15 deemed necessary by the department to pay interest on such
 
16 revenue bonds during the construction period of the capital
 
17 improvement project for which such small boat harbor revenue
 
18 bonds are issued, to establish, maintain, or increase reserves
 
19 for the small boat harbor revenue bonds, and to pay the expenses
 
20 for the issuance of such bonds.  The aforementioned small boat
 
21 harbor revenue bonds shall be issued pursuant to the provisions
 
22 of part III of chapter 39, Hawaii Revised Statutes, as the same
 
23 may be amended from time to time. The principal of and interest
 

 
Page 56                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 on the small boat harbor revenue bonds, to the extent not paid
 
 2 from the proceeds of such bonds, shall be payable solely from and
 
 3 secured solely by the revenues from small boat harbors and
 
 4 related facilities under the ownership of the State or operated
 
 5 and managed by the department.  The revenues shall include rents,
 
 6 mooring, wharfage, dockage, and permit fees, and other fees or
 
 7 charges presently or hereafter derived from or arising through
 
 8 the ownership and operation of small boating activities and the
 
 9 furnishing and supplying of the services thereof.  The expenses
 
10 of the issuance of such small boat harbor revenue bonds shall, to
 
11 the extent not paid from the proceeds of such bonds, be paid from
 
12 the harbor special fund.
 
13      SECTION 101.  PUBLIC FACILITY REVENUE BONDS.  The Hawaii
 
14 Community Development Authority is authorized to issue revenue
 
15 bonds for public facility projects authorized in part II and
 
16 listed in part IV of this Act and designated to be financed by
 
17 revenue bond funds or by general obligation bond funds with the
 
18 debt service cost to be paid from special funds.  The principal
 
19 amount of such bonds shall be sufficient to yield the amounts
 
20 appropriated to construct, acquire, remodel, furnish, and equip
 
21 any public facility, including acquisition of the site thereof.
 
22 Additionally, if so determined by the authority and approved by
 
23 the governor, the principal amount of such bonds shall be in an
 

 
Page 57                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 additional amount deemed necessary by the Authority to pay
 
 2 interest on such revenue bonds during the estimated period of
 
 3 construction of the capital improvement project for which such
 
 4 public facility revenue bonds are issued, to establish, maintain,
 
 5 or increase reserves for such public facility revenue bonds, and
 
 6 to pay all or any part of the expenses related to the issuance of
 
 7 such public facility revenue bonds.  The aforementioned public
 
 8 facility 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 such public facility revenue bonds, to the extent not paid
 
12 from the proceeds of such public facility revenue bonds, shall be
 
13 payable from and secured by the revenues derived from the public
 
14 facility for which the revenue bonds are issued, including
 
15 revenue derived from insurance proceeds and reserve accounts and
 
16 earnings thereon.
 
17      SECTION 102.  CONVENTION CENTER REVENUE BONDS.  The
 
18 Convention Center Authority is authorized to issue convention
 
19 center revenue bonds for capital improvement projects authorized
 
20 in part II and listed in part IV of this Act and designated to be
 
21 financed by revenue bond funds or by general obligation bond
 
22 funds with the debt service cost to be paid from special funds,
 
23 in such principal amount as shall be required to yield the
 

 
Page 58                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 amounts appropriated for such capital improvement projects, and,
 
 2 if so determined by the authority and approved by the governor,
 
 3 such additional principal amount as may be deemed necessary by
 
 4 the authority to pay interest on such convention center revenue
 
 5 bonds during the estimated period of construction of the capital
 
 6 improvement project for which such convention center revenue
 
 7 bonds are issued, to establish, maintain, or increase reserves
 
 8 for such convention center revenue bonds, and to pay all or any
 
 9 part of the expenses related to the issuance of such convention
 
10 center revenue bonds.  The aforementioned convention center
 
11 revenue bonds shall be issued pursuant to the provisions of part
 
12 III of chapter 39, Hawaii Revised Statutes, as the same may be
 
13 amended from time to time.  The principal of and interest on such
 
14 convention center revenue bonds, to the extent not paid from the
 
15 proceeds of such convention center revenue bonds, shall be
 
16 payable from and secured by revenues available pursuant to
 
17 section 206X-10.5, Hawaii Revised Statutes, by the revenues
 
18 derived from a convention center facility or facilities and
 
19 related facilities under the ownership of the State or operated
 
20 and managed by the authority, and other rates, rents, fees or
 
21 charges currently or hereafter derived from or arising through
 
22 the ownership, operation, and management of convention center
 
23 facilities and related facilities and the furnishing and
 

 
Page 59                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 supplying of the services thereof.
 
 2      SECTION 103.  HAWAIIAN HOME LANDS REVENUE BONDS.  The
 
 3 department of Hawaiian home lands is authorized to issue Hawaiian
 
 4 home lands revenue bonds for Hawaiian home lands capital
 
 5 improvement projects authorized in part II and listed in part IV
 
 6 of this Act and designated to be financed by revenue bond funds
 
 7 or by general obligation bond funds with debt service cost to be
 
 8 paid from special funds, in such principal amount as shall be
 
 9 required to yield the amounts appropriated for such capital
 
10 improvements, and, if so determined by the department and
 
11 approved by the governor, such additional amounts as may be
 
12 deemed necessary by the department to increase reserves for the
 
13 Hawaiian home lands revenue bonds and to pay the expenses of the
 
14 issuance of such bonds. Notwithstanding any limitations contained
 
15 in any prior authorization of Hawaiian home lands revenue bonds,
 
16 the aforementioned Hawaiian home lands revenue bonds and all
 
17 prior authorized revenue bonds shall be issued pursuant to the
 
18 provisions of part III of chapter 39, Hawaii Revised Statutes, as
 
19 the same may be amended from time to time.  The principal of and
 
20 interest on Hawaiian home lands revenue bonds, to the extent not
 
21 paid from the proceeds of such bonds, shall be payable from and
 
22 secured by the revenues from Hawaiian home lands, revenues from
 
23 available lands and related facilities under the ownership of the
 

 
Page 60                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 State or operated and managed by the department or such parts of
 
 2 either thereof as the department may determine, including rents
 
 3 and other fees or charges presently or hereafter derived from or
 
 4 arising through the ownership, operation, and management of
 
 5 Hawaiian home lands, available lands and related facilities.  The
 
 6 expenses of the issuance of such Hawaiian home lands revenue
 
 7 bonds, to the extent not paid from the proceeds of such bonds,
 
 8 shall be paid from the Hawaiian home lands special fund.
 
 9      The governor, in the governor's discretion, is authorized to
 
10 use the Hawaiian home lands special fund to finance those
 
11 projects authorized in part II and listed in part IV of this Act
 
12 where the method of financing is designated to be by the Hawaiian
 
13 home lands revenue bond funds.
 
14      SECTION 104.  HOUSING REVENUE BONDS.  The Housing and
 
15 Community Development Corporation of Hawaii is authorized to
 
16 issue housing revenue bonds for housing capital improvement
 
17 projects authorized in part II and listed in part IV of this Act
 
18 and designated to be financed by revenue bond funds in such
 
19 principal amounts as shall be required to yield the amounts
 
20 appropriated for such capital improvements, and, if so determined
 
21 by the corporation and approved by the governor, such additional
 
22 amounts as may be deemed necessary by the corporation to increase
 
23 reserves for the housing revenue bonds and to pay the expenses of
 

 
Page 61                                                    100
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 the issuance of such bonds.  The aforementioned housing revenue
 
 2 bonds shall be issued pursuant to the provisions of part III of
 
 3 chapter 39, Hawaii Revised Statutes, as the same may be amended
 
 4 from time to time.  The principal of and interest on housing
 
 5 revenue bonds, to the extent not paid from the proceeds of such
 
 6 bonds, shall be payable and secured by revenues from housing and
 
 7 related facilities under the ownership of the State or operated
 
 8 and managed by the department or such parts of either thereof as
 
 9 the department may determine, including rents and other fees or
 
10 charges presently or hereafter derived from or arising through
 
11 the ownership, operation, and management of housing and related
 
12 facilities.
 
13      SECTION 105.  HOSPITAL REVENUE BONDS.  The Hawaii Health
 
14 Systems Corporation is authorized to issue hospital revenue bonds
 
15 for hospital capital improvements program projects authorized in
 
16 part II and listed in part IV of this Act and designated to be
 
17 financed by revenue bond funds, in such principal amount as shall
 
18 be required to yield the amounts appropriated for such capital
 
19 improvements program projects, and if so determined by the
 
20 corporation and approved by the governor, such additional
 
21 principal amount as may be deemed necessary by the corporation to
 
22 pay interest on such hospital revenue bonds during the estimated
 
23 period of construction of the capital improvements program
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 project for which such hospital revenue bonds are issued, to
 
 2 establish, maintain, or increase reserves for such hospital
 
 3 revenue bonds, and to pay all or any part of the expenses related
 
 4 to the issuance of such hospital revenue bonds.  The
 
 5 aforementioned hospital revenue bonds shall be issued pursuant to
 
 6 the provisions of part III of chapter 39, Hawaii Revised
 
 7 Statutes, as the same may be amended from time to time, except
 
 8 that such bonds shall be issued in the name of the corporation
 
 9 and not in the name of the state.  The principal of and interest
 
10 on such hospital revenue bonds, to the extent not paid from the
 
11 proceeds of such hospital revenue bonds, shall be payable from
 
12 and secured by the revenues derived from facilities under the
 
13 ownership of the corporation or operated and managed by the
 
14 corporation, or such part of any thereof as the corporation may
 
15 determine, including other moneys, rates, rents, fees or charges
 
16 currently or hereafter derived from or arising through the
 
17 ownership, operation, and management of hospitals and related
 
18 facilities and the furnishings and supplying of the services
 
19 thereof.  The expenses related to the issuance of such hospital
 
20 revenue bonds, to the extent not paid from the proceeds of such
 
21 bonds, shall be paid from the facility administration fund of the
 
22 corporation.
 
23                   PART VII.  SPECIAL PROVISIONS
 

 
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 1      SECTION 106.  Provided that to the extent that the sums
 
 2 appropriated for the payment of principal and interest on general
 
 3 obligation bonds are insufficient to meet and pay all such
 
 4 obligations when due in accordance with the terms of such bonds,
 
 5 the governor shall direct the utilization of any or all
 
 6 appropriations available or unexpended from any other state
 
 7 program, as the first charge for the payment of principal and
 
 8 interest of the bonds when due; and provided further that the
 
 9 legislature, under procedures established in section 10 of
 
10 article III of the Hawaii State Constitution, shall meet in
 
11 special session to comply with the provisions of section 12 of
 
12 article VII of the Hawaii State Constitution, which pledge the
 
13 full faith and credit of the State for the payment of principal
 
14 and interest on all general obligation and reimbursable general
 
15 obligation bonds.
 
16      SECTION 107.  All general obligation bond funds used for a
 
17 public undertaking, improvement, or system, designated by the
 
18 letter (D), shall have the bond principal and interest reimbursed
 
19 from the special fund in which the net revenue, or net user tax
 
20 receipts, or combination of both, of such public undertaking,
 
21 improvement or system, are deposited or credited. Bonds issued
 
22 for irrigation and housing projects shall be reimbursed, as
 
23 provided by section 174-21 and chapter 201E, Hawaii Revised
 

 
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 1 Statutes, respectively.
 
 2      The governor is authorized to use, at the governor's
 
 3 discretion, the state highway fund, the harbor special fund, the
 
 4 boating special fund, the airport revenue fund, the special land
 
 5 and development fund, the economic development special fund, or
 
 6 other appropriate special fund, to finance the respective public
 
 7 undertaking, improvement, or system described above and
 
 8 authorized in this Act, where the method of financing is
 
 9 designated to be by general obligation bond fund with debt
 
10 service cost to be paid from the funds; provided that the
 
11 governor shall submit a report to the legislature on such changes
 
12 in the method of financing of such projects.
 
13      SECTION 108.  Any law or any provision of this Act to the
 
14 contrary notwithstanding, the appropriations made for capital
 
15 improvement projects authorized under this Act shall not lapse at
 
16 the end of the fiscal biennium for which the appropriation is
 
17 made; provided that all general funded, general obligation, and
 
18 reimbursable general obligation bond funded appropriations made
 
19 to be expended in fiscal biennium 1999-2001 which are
 
20 unencumbered as of June 30, 2002, shall lapse as of that date;
 
21 provided further that this lapsing date shall not apply to
 
22 appropriations for projects described in section 52 of this Act
 
23 where the means of funding is designated to be the state
 

 
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 1 educational facilities improvement special fund, and where such
 
 2 appropriations have been authorized for more than three years for
 
 3 the construction or acquisition of public school facilities.
 
 4      SECTION 109.  The governor may supplement funds for any cost
 
 5 element for a capital improvement project authorized under this
 
 6 Act by transferring such sums as may be needed from the funds
 
 7 appropriated for other cost elements of the same project, by this
 
 8 Act or by any other prior or future Act which has not lapsed; and
 
 9 provided further that the total expenditure of funds for all cost
 
10 elements shall not exceed the total appropriations for that
 
11 project.
 
12      SECTION 110.  After the objectives of appropriations made in
 
13 this Act from the general obligation bond fund or the general
 
14 fund for capital improvement projects have been met, unrequired
 
15 balances shall be transferred to the project adjustment fund
 
16 appropriated in part II and described in part IV of this Act and
 
17 shall be considered a supplementary appropriation thereto;
 
18 provided that all other unrequired allotment balances, unrequired
 
19 appropriation balances, and unrequired encumbrance balances shall
 
20 lapse as of June 30, 2002, as provided in section 108 of this
 
21 Act.
 
22      SECTION 111.  In the event that authorized appropriations
 
23 specified for capital improvement projects listed in this Act or
 

 
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 1 in any other act currently authorized by the legislature are
 
 2 insufficient, and where the source of funding for the project is
 
 3 designated as the general obligation bond fund or the general
 
 4 fund, the governor may make supplemental allotments from the
 
 5 project adjustment fund appropriated in part II and described in
 
 6 part IV of this Act to supplement any currently authorized
 
 7 capital investment cost elements; and provided further that such
 
 8 supplemental allotments from the project adjustment fund shall
 
 9 not be used to increase the scope of the project; and provided
 
10 that the governor shall submit a report to the legislature no
 
11 later than twenty days prior to the convening of the 2000 and
 
12 2001 regular sessions.
 
13      SECTION 112.  In the event that the authorized
 
14 appropriations specified for a capital improvement project listed
 
15 in this Act is insufficient and where the source of funding is
 
16 designated as special funds, general obligation bond fund with
 
17 debt service cost to be paid from special funds, revenue bond
 
18 funds, or revolving funds, the governor may make supplemental
 
19 allotments from the special fund or revolving fund responsible
 
20 for cash or debt service payments for the projects or transfer
 
21 unrequired balances from other unlapsed projects in this or prior
 
22 appropriation acts which authorized the use of special funds,
 
23 general obligation bond fund with debt service costs to be paid
 

 
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 1 from special funds, revenue bond funds, or revolving funds;
 
 2 provided that such supplemental allotments shall not be used to
 
 3 increase the scope of the project; provided further that such
 
 4 supplemental allotments shall not impair the ability of the fund
 
 5 to meet the purposes for which it was established; and provided
 
 6 that the governor shall submit a report to the legislature no
 
 7 later than twenty days prior to the convening of the 2000 and
 
 8 2001 regular sessions.
 
 9      SECTION 113.  Where it has been determined that changed
 
10 conditions, such as a reduction in the particular population
 
11 being served, permit the reduction in the scope of a capital
 
12 improvement project described in this Act, the governor may
 
13 authorize such reduction of project scope.
 
14      SECTION 114.  In releasing funds for capital improvement
 
15 projects, the governor shall consider the legislative intent and
 
16 the objectives of the user agency and its programs, the scope and
 
17 level of the user agency's intended service, and the means,
 
18 efficiency, and economics by which the project will meet the
 
19 objectives of the user agency and the State.  Agencies
 
20 responsible for construction shall take into consideration the
 
21 objectives of the user agency, its programs, the scope and level
 
22 of the user agency's intended service and construct the
 
23 improvement to meet the objectives of the user agency in the most
 

 
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 1 efficient and economical manner possible.
 
 2      SECTION 115.  With the approval of the governor, designated
 
 3 expending agencies for capital improvement projects authorized in
 
 4 this Act may delegate to other state or county agencies the
 
 5 implementation of such projects when it is determined by all
 
 6 involved agencies and parties that it is advantageous to do so;
 
 7 and provided that a summary report shall be submitted to the
 
 8 legislature detailing all designated projects as of December 31
 
 9 and June 30 for each fiscal year.
 
10      SECTION 116.  Where county capital improvement projects are
 
11 partially or totally funded by state grants-in-aid as authorized
 
12 in this Act or any other act of the legislature, this fact should
 
13 be appropriately acknowledged during construction and upon
 
14 completion of these projects.
 
15      SECTION 117.  The governor may authorize the expenditure of
 
16 funds for capital improvement projects not previously authorized
 
17 in this Act to cope with the effects of recession, unemployment,
 
18 natural disasters, unforeseen emergencies, and for any federal
 
19 aid portion of any capital improvement project described in this
 
20 Act where application for such aid has been made and approval has
 
21 been unexpectedly denied; provided that the effects of recession,
 
22 unemployment, natural disaster, emergencies or unexpected denial
 
23 of federal aid create an urgent need to pursue a course of action
 

 
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 1 which is in the best interest or the State; provided further that
 
 2 the governor shall use the project adjustment fund authorized in
 
 3 part II and described in part IV to accomplish the purposes of
 
 4 this section.
 
 5      SECTION 118.  No appropriation authorized in this Act for
 
 6 expenditure by a political subdivision of this state shall be
 
 7 considered to be a mandate to undertake new programs or to
 
 8 increase the level of services under existing programs of that
 
 9 political subdivision.  If any appropriation authorized in this
 
10 Act constitutes such a mandate within the provisions of section 5
 
11 of article VIII of the Hawaii State Constitution, such
 
12 authorization shall be void and, in the case of capital
 
13 improvement appropriations designated to be financed from the
 
14 general obligation bond fund, the total general obligation bonds
 
15 authorized for such projects shall be correspondingly decreased.
 
16      SECTION 119.  Whenever the expending agency to which an
 
17 appropriation is made is changed due to legislation enacted
 
18 during any session of the legislature which affects the
 
19 appropriations made by this Act, the governor shall transfer the
 
20 necessary funds and positions to the proper expending agency; and
 
21 provided that the governor shall submit a report of all such
 
22 transfers to the legislature no later than twenty days prior to
 
23 the 2000 and 2001 regular sessions.
 

 
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 1      SECTION 120.  There is hereby appropriated out of the public
 
 2 trust fund created by section 5(f) of the Admissions Act (Public
 
 3 Law No. 86-3) the total amount of the proceeds from the sale or
 
 4 other disposition of any lands, and the income therefrom granted
 
 5 to the State by section 5(b) or later conveyed to the State by
 
 6 section 5(e), with the exception of such proceeds covered under
 
 7 section 171-19, Hawaii Revised Statutes, to be disposed of by the
 
 8 board of land and natural resources, and with the exception of
 
 9 such proceeds to be expended by the Office of Hawaiian affairs
 
10 under chapter 10, Hawaii Revised Statutes, in order to reimburse
 
11 the general fund for the appropriation made in part II of this
 
12 Act to the department of education for the support of public
 
13 schools, to the extent such proceeds are realized for the period
 
14 beginning July 1, 1999 to June 30, 2001.  The above proceeds
 
15 shall be exclusive of the amount disposed of under the provisions
 
16 of the Hawaiian Homes Commission Act of 1920, as amended.
 
17      SECTION 121.  All grants to private organizations in this
 
18 Act are made in accordance with the standard that the private
 
19 programs so funded yield direct benefits to the public and
 
20 accomplish public purposes.
 
21      SECTION 122.  Any law or provision to the contrary
 
22 notwithstanding, in allotting funds for social welfare programs,
 
23 education programs, and other programs and agencies having
 

 
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 1 appropriations which are based on population and workload data as
 
 2 specified in the executive budget document, only so much as is
 
 3 necessary to provide the level of services intended by the
 
 4 legislature shall be allotted by the department of budget and
 
 5 finance.  For this purpose, agencies concerned shall reduce
 
 6 expenditures below appropriations under procedures prescribed by
 
 7 the department of budget and finance in the event actual
 
 8 population and workload trends are less than the figures so
 
 9 specified.
 
10      SECTION 123.  With the approval of the director of finance,
 
11 the department of health may transfer to the department of human
 
12 services funds appropriated to the department of health for the
 
13 care and treatment of patients whenever the department of human
 
14 services can utilize such funds to match federal funds to finance
 
15 the cost of outpatient, hospital, or skilled nursing home care of
 
16 indigents or medical indigents.
 
17      SECTION 124.  The department of human services is authorized
 
18 to enter into agreements with the department of health to furnish
 
19 outpatient, hospital, and skilled nursing home care of indigents
 
20 or medical indigents and to pay the department of health for such
 
21 care.  With the approval of the director of finance, the
 
22 department of health may deposit part of such receipts into the
 
23 appropriations from which transfers were made.
 

 
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 1      SECTION 125.  Unless otherwise provided in this Act, the
 
 2 governor is authorized to transfer operating funds between
 
 3 appropriations with the same means of financing, within an
 
 4 expending agency for operating purposes; and provided further
 
 5 that the governor shall submit a report to the legislature on all
 
 6 such transfers no later than twenty days prior to the convening
 
 7 of the 2000 and 2001 regular sessions.
 
 8      SECTION 126.  Except as otherwise provided in this Act, each
 
 9 department or agency is authorized to transfer positions within
 
10 its respective authorized position ceiling, for the purpose of
 
11 maximizing the utilization of personnel resources and staff
 
12 productivity; and provided further that all such actions shall be
 
13 with the prior approval of the governor, and shall be consistent
 
14 with appropriations provided in this Act, and with provisions of
 
15 part II of chapter 37, Hawaii Revised Statutes.
 
16      SECTION 127.  In the event that unanticipated federal
 
17 funding cutbacks diminish or curtail essential, federally-funded
 
18 state programs, the governor may utilize savings as determined to
 
19 be available from other state programs for the purpose of
 
20 maintaining such programs until the next legislative session.
 
21      SECTION 128.  The governor is hereby authorized to establish
 
22 five permanent positions during each year of the fiscal biennium
 
23 1999-2001 to be allocated by the governor to any of the program
 

 
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 1 areas included in this Act as deemed proper; provided further
 
 2 that no positions shall be established under this section to
 
 3 implement any collective bargaining agreement signed after the
 
 4 legislature adjourns sine die; and provided further that the
 
 5 governor shall submit a report to the legislature on the creation
 
 6 of all such positions no later than twenty days prior to the
 
 7 convening of the 2000 and 2001 regular sessions.
 
 8      SECTION 129.  In the event the State should assume the
 
 9 direct operation of any non-governmental agency receiving state
 
10 funds under the provisions of this Act, all such funds shall
 
11 constitute a credit to the State against the costs of acquiring
 
12 all or any portion of the property, real, personal, or mixed, of
 
13 such non-governmental agency.  This credit shall be applicable
 
14 regardless of when such acquisition takes place.
 
15      SECTION 130.  Where any agency is authorized by general law
 
16 to secure funds or other property from private organizations or
 
17 individuals to be expended or utilized in connection with any
 
18 authorized program, the agency, with the governor's approval, may
 
19 enter into such undertaking, provided that the provisions of the
 
20 undertaking comply with applicable State constitutional and
 
21 statutory requirements.
 
22      SECTION 131.  Except as otherwise provided by general law,
 
23 negotiations for the purchase of land by state agencies shall be
 

 
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 1 subject to the approval of the governor and the department of
 
 2 land and natural resources, or other appropriate agency; and
 
 3 provided further that private lands may be acquired for the
 
 4 purpose of exchange for federal lands when the department of land
 
 5 and natural resources and the governor determine that such
 
 6 acquisition and exchange are necessary for the completion of any
 
 7 project specifically authorized by this Act.
 
 8      SECTION 132.  Provided that statewide savings may be
 
 9 transferred to the forest wildlife resource program (LNR 402),
 
10 for fire suppression purposes; provided further that funding
 
11 shall not exceed $300,000 in each fiscal year of fiscal biennium
 
12 1999-2001; and provided further that the department of land and
 
13 natural resources shall submit a report detailing such transfers
 
14 to the legislature no later than twenty days prior to the
 
15 convening of the 2000 and 2001 regular sessions.
 
16      SECTION 133.  The governor is authorized to transfer savings
 
17 as may be available from the appropriated funds of any program in
 
18 this Act to supplement the appropriation for any other program in
 
19 this Act to cope with the effects of recession, unemployment,
 
20 natural disasters, and other unforeseen emergencies; provided
 
21 further that such effects of recession, unemployment, natural
 
22 disaster, or other unforeseen emergencies create an urgent need
 
23 to pursue a course of action which is in the best interest of the
 

 
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 1 State; and provided further that the legislature shall be
 
 2 notified in writing of such transfers of funding no later than
 
 3 fourteen days after the transfer is made.
 
 4      SECTION 134.  Except as otherwise provided, or except as
 
 5 prohibited by specific grant conditions, all federal or
 
 6 non-general fund reimbursements received by state programs shall
 
 7 be returned to the general fund, or other appropriate program
 
 8 fund; and provided further that the department of budget and
 
 9 finance shall submit a report to the legislature no later than
 
10 twenty days prior to the convening of the 2000 and 2001 regular
 
11 sessions.
 
12      SECTION 135.  Provided that, of the respective appropriation
 
13 for each principal state department as defined by section 26-4,
 
14 Hawaii Revised Statutes, the sum of $2,500 for fiscal year
 
15 1999-2000 and the sum of $2,500 for fiscal year 2000-2001 shall
 
16 be made available in each department to be established as a
 
17 separate account for a protocol fund to be expended at the
 
18 discretion of the executive heads of such departments which are
 
19 respectively known as its directors, chairpersons, comptroller,
 
20 adjutant-general, superintendent, librarian, president, and
 
21 attorney general.
 
22      SECTION 136.  With the approval of the governor, agencies
 
23 that use appropriations authorized in part II of this Act for
 

 
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 1 audit services, may delegate that responsibility and transfer
 
 2 funds authorized for that purpose to the internal post audit
 
 3 program (AGS 104), when it is determined by such agencies that it
 
 4 is advantageous to do so.
 
 5      SECTION 137.  With the approval of the governor, expending
 
 6 agencies that use appropriations authorized in part II of this
 
 7 Act for repair and alterations, may delegate responsibility and
 
 8 transfer funds to the construction program (AGS 221), for the
 
 9 implementation of such repair and alterations, when it is
 
10 determined by such agencies that it is advantageous to do so.
 
11      SECTION 138.  Provided that the department of education and
 
12 the department of health shall develop and implement procedures
 
13 regarding mental health services provided to children and
 
14 adolescents; provided further that these procedures shall include
 
15 the transition of the delivery of mental health services for this
 
16 population from the child and adolescent mental health division
 
17 (HTH 460), to the department of education; provided further that
 
18 these procedures, where allowable, shall include the provision of
 
19 mental health services for children and adolescents at the
 
20 school-level; provided further that these procedures shall be
 
21 implemented no later than August 30, 1999; provided further that
 
22 the department of education and department of health shall
 
23 collectively submit a report to the legislature on the status of
 

 
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 1 the development of these procedures no later than July 20, 1999;
 
 2 and provided further that the department of education shall
 
 3 submit a report to the legislature on the status of implementing
 
 4 these procedures no later than October 31, 1999.
 
 5      SECTION 139.  Provided that the office of the governor shall
 
 6 coordinate, prepare and submit a status report of the state's
 
 7 progress in meeting requirements of the Felix vs. Cayetano
 
 8 consent decree; provided further that this report shall be
 
 9 submitted according to agency and program; provided further that
 
10 this report shall include, but not be limited to, the following:
 
11      1) an accounting of all decree related appropriations,
 
12         allocations, and expenditures;
 
13      2) justification and status of all new and ongoing decree
 
14         related services;
 
15      3) number of professional and paraprofessional positions
 
16         with specialized knowledge in behavior management by
 
17         specific titles and duties; and,
 
18      4) status of the state's progress toward compliance with the
 
19         decree including, but not limited to, the following:
 
20      a) service testing results by department of education school
 
21         complex;
 
22      b) type of services available to children and adolescents
 
23         with mental health needs;
 

 
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 1 and provided further that this report shall be submitted to the
 
 2 legislature 15 days after the close of each fiscal quarter during
 
 3 fiscal biennium 1999-2001.
 
 4            PART VIII. MISCELLANEOUS AND EFFECTIVE DATE
 
 5      SECTION 140.  MISCELLANEOUS.  If any portion of this Act or
 
 6 its application to any person, entity, or circumstance is held to
 
 7 be invalid for any reason, then the legislature declares that the
 
 8 remainder of the Act and each and every other provision thereof
 
 9 shall not be affected thereby.  If any portion of a specific
 
10 appropriation is held to be invalid for any reason, the remaining
 
11 portion shall be expended to fulfill the objective of such
 
12 appropriation to the extent possible.
 
13      SECTION 141.  In the event manifest clerical, typographical
 
14 or other mechanical errors are found in this Act, the governor is
 
15 hereby authorized to correct such errors.
 
16      SECTION 142.  Material to be repealed is bracketed.  New
 
17 material in prior enacted laws is underscored.
 
18      SECTION 143.  EFFECTIVE DATE.  This Act shall take effect
 
19 upon its approval.