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the provisions of part III of chapter 39, Hawaii Revised
Statutes, as the same may be amended from time to time, except
that such bonds shall be issued in the name of the corporation
and not in the name of the state.  The principal of and interest
on such hospital revenue bonds, to the extent not paid from the
proceeds of such hospital revenue bonds, shall be payable from
and secured by the revenues derived from facilities under the
ownership of the corporation or operated and managed by the
corporation, or such part of any thereof as the corporation may
determine, including other moneys, rates, rents, fees or charges
currently or hereafter derived from or arising through the
ownership, operation, and management of hospitals and related
facilities and the furnishings and supplying of the services
thereof.  The expenses related to the issuance of such hospital
revenue bonds, to the extent not paid from the proceeds of such
bonds, shall be paid from the facility administration fund of the
corporation.
               PART VII.  SPECIAL PROVISIONS
  SECTION 116.  Provided that to the extent that the sums
appropriated for the payment of principal and interest on general
obligation bonds are insufficient to meet and pay all such
obligations when due in accordance with the terms of such bonds,
the governor shall direct the utilization of any or all
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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appropriations available or unexpended from any other state
program, as the first charge for the payment of principal and
interest of the bonds when due; and provided further that the
legislature, under procedures established in section 10 of
article III of the Hawaii State Constitution, shall meet in
special session to comply with the provisions of section 12 of
article VII of the Hawaii State Constitution, which pledge the
full faith and credit of the State for the payment of principal
and interest on all general obligation and reimbursable general
obligation bonds.
  SECTION 117.  All general obligation bond funds used for a
public undertaking, improvement, or system, designated by the
letter (D), shall have the bond principal and interest reimbursed
from the special fund in which the net revenue, or net user tax
receipts, or combination of both, of such public undertaking,
improvement or system, are deposited or credited. Bonds issued
for irrigation and housing projects shall be reimbursed, as
provided by section 174-21 and chapter 201E, Hawaii Revised
Statutes, respectively.
  The governor is authorized to use, at the governor's
discretion, the state highway fund, the harbor special fund, the
boating special fund, the airport revenue fund, the special land
and development fund, the economic development special fund, or
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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other appropriate special fund, to finance the respective public
undertaking, improvement, or system described above and
authorized in this Act, where the method of financing is
designated to be by general obligation bond fund with debt
service cost to be paid from the funds; provided that the
governor shall submit a report to the legislature on such changes
in the method of financing of such projects.
  SECTION 118.  Any law or any provision of this Act to the
contrary notwithstanding, the appropriations made for capital
improvement projects authorized under this Act shall not lapse at
the end of the fiscal biennium for which the appropriation is
made; provided that all general funded, general obligation, and
reimbursable general obligation bond funded appropriations made
to be expended in fiscal biennium 1999-2001 which are
unencumbered as of June 30, 2002, shall lapse as of that date;
provided further that this lapsing date shall not apply to
appropriations for projects described in section 64 of this Act
where the means of funding is designated to be the state
educational facilities improvement special fund, and where such
appropriations have been authorized for more than three years for
the construction or acquisition of public school facilities.
  SECTION 119.  The governor may supplement funds for any cost
element for a capital improvement project authorized under this
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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Act by transferring such sums as may be needed from the funds
appropriated for other cost elements of the same project, by this
Act or by any other prior or future Act which has not lapsed; and
provided further that the total expenditure of funds for all cost
elements shall not exceed the total appropriations for that
project.
  SECTION 120.  After the objectives of appropriations made in
this Act from the general obligation bond fund or the general
fund for capital improvement projects have been met, unrequired
balances shall be transferred to the project adjustment fund
appropriated in part II and described in part IV of this Act and
shall be considered a supplementary appropriation thereto;
provided that all other unrequired allotment balances, unrequired
appropriation balances, and unrequired encumbrance balances shall
lapse as of June 30, 2002, as provided in section 118 of this
Act.
  SECTION 121.  In the event that authorized appropriations
specified for capital improvement projects listed in this Act or
in any other act currently authorized by the legislature are
insufficient, and where the source of funding for the project is
designated as the general obligation bond fund or the general
fund, the governor may make supplemental allotments from the
project adjustment fund appropriated in part II and described in
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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part IV of this Act to supplement any currently authorized
capital investment cost elements; and provided further that such
supplemental allotments from the project adjustment fund shall
not be used to increase the scope of the project; and provided
that the governor shall submit a report to the legislature no
later than twenty days prior to the convening of the 2000 and
2001 regular sessions.
  SECTION 122.  In the event that authorized appropriations
specified for capital improvement projects listed in this Act or
in any other act currently authorized by the legislature are
insufficient, and where the source of funding for the project is
designated as special funds, general obligation bond fund with
debt service cost to be paid from special funds, revenue bond
funds, or revolving funds, the governor may make supplemental
allotments from the special fund responsible for cash or debt
service payments for the projects or transfer unrequired balances
from other unlapsed projects in this or prior appropriation acts
which authorized the use of special funds, general obligation
bond fund with debt service costs to be paid from special funds,
revenue bond funds, or revolving funds; provided that such
supplemental allotments shall not be used to increase the scope
of the project; provided further that such supplemental
allotments shall not impair the ability of the fund to meet the
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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purposes for which it was established; and provided further that
the governor shall submit a report to the legislature no later
than thirty days prior to the convening of the 2000 and 2001
regular sessions.
  SECTION 123.  Where it has been determined that changed
conditions, such as a reduction in the particular population
being served, permit the reduction in the scope of a capital
improvement project described in this Act, the governor may
authorize such reduction of project scope; and provided that the
governor shall submit a report to the legislature no later than
thirty days prior to the convening of the 2000 and 2001 regular
sessions.
  SECTION 124.  In releasing funds for capital improvement
projects, the governor shall consider the legislative intent and
the objectives of the user agency and its programs, the scope and
level of the user agency's intended service, and the means,
efficiency, and economics by which the project will meet the
objectives of the user agency and the State.  Agencies
responsible for construction shall take into consideration the
objectives of the user agency, its programs, the scope and level
of the user agency's intended service and construct the
improvement to meet the objectives of the user agency in the most
efficient and economical manner possible.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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  SECTION 125.  With the approval of the governor, designated
expending agencies for capital improvement projects authorized in
this Act may delegate to other state or county agencies the
implementation of such projects when it is determined by all
involved agencies and parties that it is advantageous to do so;
and provided that a summary report shall be submitted to the
legislature detailing all designated projects as of December 31
and June 30 for each fiscal year.
  SECTION 126.  Where county capital improvement projects are
partially or totally funded by state grants-in-aid as authorized
in this Act or any other act of the legislature, this fact should
be appropriately acknowledged during construction and upon
completion of these projects.
  SECTION 127.  The governor may authorize the expenditure of
funds for capital improvement projects not previously authorized
in this Act to cope with the effects of recession, unemployment,
natural disasters, unforeseen emergencies, and for any federal
aid portion of any capital improvement project described in this
Act where application for such aid has been made and approval has
been unexpectedly denied; provided that the effects of recession,
unemployment, natural disaster, emergencies or unexpected denial
of federal aid create an urgent need to pursue a course of action
which is in the best interest or the State; provided further that
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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the governor shall use the project adjustment fund authorized in
part II and described in part IV to accomplish the purposes of
this section.
  SECTION 128.  No appropriation authorized in this Act for
expenditure by a political subdivision of this state shall be
considered to be a mandate to undertake new programs or to
increase the level of services under existing programs of that
political subdivision.  If any appropriation authorized in this
Act constitutes such a mandate within the provisions of section 5
of article VIII of the Hawaii State Constitution, such
authorization shall be void and, in the case of capital
improvement appropriations designated to be financed from the
general obligation bond fund, the total general obligation bonds
authorized for such projects shall be correspondingly decreased.
  SECTION 129.  Whenever the expending agency to which an
appropriation is made is changed due to legislation enacted
during any session of the legislature which affects the
appropriations made by this Act, the governor shall transfer the
necessary funds and positions to the proper expending agency; and
provided that the governor shall submit a report of all such
transfers to the legislature no later than thirty days prior to
the 2000 and 2001 regular sessions.
  SECTION 130.  There is hereby appropriated out of the public
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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trust fund created by section 5(f) of the Admissions Act (Public
Law No. 86-3) the total amount of the proceeds from the sale or
other disposition of any lands, and the income therefrom granted
to the State by section 5(b) or later conveyed to the State by
section 5(e), with the exception of such proceeds covered under
section 171-19, Hawaii Revised Statutes, to be disposed of by the
board of land and natural resources, and with the exception of
such proceeds to be expended by the Office of Hawaiian affairs
under chapter 10, Hawaii Revised Statutes, in order to reimburse
the general fund for the appropriation made in part II of this
Act to the department of education for the support of public
schools, to the extent such proceeds are realized for the period
beginning July 1, 1999 to June 30, 2001.  The above proceeds
shall be exclusive of the amount disposed of under the provisions
of the Hawaiian Homes Commission Act of 1920, as amended.
  SECTION 131.  All grants to private organizations in this Act
are made in accordance with the standard that the private
programs so funded yield direct benefits to the public and
accomplish public purposes.
  SECTION 132.  Any law or provision to the contrary
notwithstanding, in allotting funds for social welfare programs,
education programs, and other programs and agencies having
appropriations which are based on population and workload data as
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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specified in the executive budget document, only so much as is
necessary to provide the level of services intended by the
legislature shall be allotted by the department of budget and
finance.  For this purpose, agencies concerned shall reduce
expenditures below appropriations under procedures prescribed by
the department of budget and finance in the event actual
population and workload trends are less than the figures so
specified.
  SECTION 133.  With the approval of the director of finance,
the department of health may transfer to the department of human
services funds appropriated to the department of health for the
care and treatment of patients whenever the department of human
services can utilize such funds to match federal funds to finance
the cost of outpatient, hospital, or skilled nursing home care of
indigents or medical indigents.
  SECTION 134.  The department of human services is authorized
to enter into agreements with the department of health to furnish
outpatient, hospital, and skilled nursing home care of indigents
or medical indigents and to pay the department of health for such
care.  With the approval of the director of finance, the
department of health may deposit part of such receipts into the
appropriations from which transfers were made.
  SECTION 135.  Unless otherwise provided in this Act, the
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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governor is authorized to transfer operating funds between
appropriations with the same means of financing, within an
expending agency for operating purposes; and provided further
that the governor shall submit a report to the legislature on all
such transfers no later than twenty days prior to the convening
of the 2000 and 2001 regular sessions.
  SECTION 136.  Except as otherwise provided in this Act, each
department or agency is authorized to transfer positions within
its respective authorized position ceiling, for the purpose of
maximizing the utilization of personnel resources and staff
productivity; and provided further that all such actions shall be
with the prior approval of the governor, and shall be consistent
with appropriations provided in this Act, and with provisions of
part II of chapter 37, Hawaii Revised Statutes.
  SECTION 137.  In the event that unanticipated federal funding
cutbacks diminish or curtail essential, federally-funded state
programs, the governor may utilize savings as determined to be
available from other state programs for the purpose of
maintaining such programs until the next legislative session.
  SECTION 138.  The governor is hereby authorized to establish
five permanent positions during each year of the fiscal biennium
1999-2001 to be allocated by the governor to any of the program
areas included in this Act as deemed proper; provided further
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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that no positions shall be established under this section to
implement any collective bargaining agreement signed after the
legislature adjourns sine die; and provided further that the
governor shall submit a report to the legislature on the creation
of all such positions no later than twenty days prior to the
convening of the 2000 and 2001 regular sessions.
  SECTION 139.  In the event the State should assume the direct
operation of any non-governmental agency receiving state funds
under the provisions of this Act, all such funds shall constitute
a credit to the State against the costs of acquiring all or any
portion of the property, real, personal, or mixed, of such
non-governmental agency.  This credit shall be applicable
regardless of when such acquisition takes place.
  SECTION 140.  Where any agency is authorized by general law
to secure funds or other property from private organizations or
individuals to be expended or utilized in connection with any
authorized program, the agency, with the governor's approval, may
enter into such undertaking, provided that the provisions of the
undertaking comply with applicable State constitutional and
statutory requirements.
  SECTION 141.  Except as otherwise provided by general law,
negotiations for the purchase of land by state agencies shall be
subject to the approval of the governor and the department of
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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land and natural resources, or other appropriate agency; and
provided further that private lands may be acquired for the
purpose of exchange for federal lands when the department of land
and natural resources and the governor determine that such
acquisition and exchange are necessary for the completion of any
project specifically authorized by this Act.
  SECTION 142.  Provided that statewide savings may be
transferred to the forest wildlife resource program (LNR 402),
for fire suppression purposes; provided further that funding
shall not exceed $300,000 in each fiscal year of fiscal biennium
1999-2001; and provided further that the department of land and
natural resources shall submit a report detailing such transfers
to the legislature no later than twenty days prior to the
convening of the 2000 and 2001 regular sessions.
  SECTION 143.  The governor is authorized to transfer savings
as may be available from the appropriated funds of any program in
this Act to supplement the appropriation for any other program in
this Act to cope with the effects of recession, unemployment,
natural disasters, and other unforeseen emergencies; provided
further that such effects of recession, unemployment, natural
disaster, or other unforeseen emergencies create an urgent need
to pursue a course of action which is in the best interest of the
State; and provided further that the legislature shall be
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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notified in writing of such transfers of funding no later than
fourteen days after the transfer is made.
  SECTION 144.  Except as otherwise provided, or except as
prohibited by specific grant conditions, all federal or
non-general fund reimbursements received by state programs shall
be returned to the general fund, or other appropriate program
fund; and provided further that the department of budget and
finance shall submit a report to the legislature no later than
twenty days prior to the convening of the 2000 and 2001 regular
sessions.
  SECTION 145.  Provided that, of the respective appropriation
for each principal state department as defined by section 26-4,
Hawaii Revised Statutes, the sum of $2,500 for fiscal year
1999-2000 and the sum of $2,500 for fiscal year 2000-2001 shall
be made available in each department to be established as a
separate account for a protocol fund to be expended at the
discretion of the executive heads of such departments which are
respectively known as its directors, chairpersons, comptroller,
adjutant-general, superintendent, librarian, president, and
attorney general.
  SECTION 146.  With the approval of the governor, agencies
that use appropriations authorized in part II of this Act for
audit services, may delegate that responsibility and transfer
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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funds authorized for that purpose to the internal post audit
program (AGS 104), when it is determined by such agencies that it
is advantageous to do so.
  SECTION 147.  With the approval of the governor, expending
agencies that use appropriations authorized in part II of this
Act for repair and alterations, may delegate responsibility and
transfer funds to the construction program (AGS 221), for the
implementation of such repair and alterations, when it is
determined by such agencies that it is advantageous to do so.
  SECTION 148.  In conjunction with the initiative to modernize
the civil service system a part of which will be the
reconsideration of the existing civil service position
classification system, it is appropriate that other
classification systems which are designed based on the civil
service system should also be reviewed.  to this end, a redesign
team chaired by the director of the department of human resources
and comprised of a representative from each of the board of
education, department of education, exclusive collective
bargaining representative for bargaining unit 6 and the director
of the university of Hawaii office of human resources shall be
established for the purposes of redesigning the education
officers classification and compensation plan.  the names of the
designated representatives from each of the redesign team members