Report Title:

State Budget

Description:

State Budget

THE SENATE

S.B. NO.

2058

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the state budget.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. This Act shall be known and may be cited as the Supplemental Appropriations Act of 2002.

SECTION 2. This Act amends Act 259, Session Laws of Hawaii 2001, as amended by Act 3, Third Special Session Laws of Hawaii 2001, and other appropriations and authorizations effective during fiscal biennium 2001-2003.

SECTION 3. Act 259, Session Laws of Hawaii 2001, as amended by Act 3, Third Special Session Laws of Hawaii 2001, is amended by amending section 3 to read as follows:

"SECTION 3. APPROPRIATIONS. The following sums, or so much thereof as may be sufficient to accomplish the purposes and programs designated herein, are hereby appropriated or authorized, as the case may be, from the means of financing specified to the expending agencies designated for the fiscal biennium beginning July 1, 2001, and ending June 30, 2003. The total expenditures and the number of positions in each fiscal year of the biennium shall not exceed the sums and the number indicated for each year, except as provided elsewhere in this Act, or as provided by general law.

SECTION 4. Part III, Act 259, Session Laws of Hawaii 2001, as amended by Act 3, Third Special Session Laws of Hawaii 2001, is amended:

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

"SECTION 26.1. Provided that, of the special fund appropriation for health resources administration (HTH 595), the sum of $12,374,543, or so much thereof as may be necessary for fiscal year 2002-2003, shall be deposited into the emergency budget and reserve fund."

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

"SECTION 26.2. Provided that, of the special fund appropriation for health resources administration (HTH 595), the sum of $14,584,880, or so much thereof as may be necessary for fiscal year 2001-2002, and the sum of $17,512,184, or so much thereof as may be necessary for fiscal year 2002-2003, shall be expended by the department of health for the purposes specified in section 328L-4, Hawaii Revised Statutes.

Of the appropriation to be expended for the purposes specified in section 328L-4, Hawaii Revised Statutes, the sum of $5,003,000, or so much thereof as may be necessary for fiscal year 2001-2002, and the sum of $5,051,000, or so much thereof as may be necessary for fiscal year 2002-2003, shall be transferred to the department of human services to be expended for the children's health insurance program, pursuant to section 328L-4, Hawaii Revised Statutes."

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

"SECTION 26.3. Provided that, of the special fund appropriation for health resources administration (HTH 595), the sum of $21,821,571, or so much thereof as may be necessary for fiscal year 2001-2002, and the sum of $6,313,542, or so much thereof as may be necessary for fiscal year 2002-2003, shall be deposited into the Hawaii tobacco prevention and control trust fund."

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

"SECTION 26.4. Provided that, of the special fund appropriation for health resources administration (HTH 595), the sum of $14,142,334, or so much thereof as may be necessary for fiscal year 2002-2003, shall be deposited into the university revenue-undertakings fund."

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

"SECTION 30.1. Provided that of the general fund appropriation for dental diseases (HTH 141), the sum of $200,000 for fiscal year 2002-2003 shall be expended for hospital based dental services for disabled persons with limited access."

(6) By amending section 43 to read as follows:

"SECTION 43. Provided that of the general fund appropriation for school-based budgeting (EDN 100), the sum of $107,397,431 for fiscal year 2001-2002 and the sum of [$114,602,055] $117,897,194 for fiscal year 2002-2003 shall be used to pay for health fund benefits for department of education employees and transferred to the program planning, analysis and budgeting program (BUF 101) of the department of budget and finance for that purpose; and provided further that the funds shall be transferred no later than July 16 of each respective fiscal year."

(7) By amending section 44 to read as follows:

"SECTION 44. Provided that of the general fund appropriation for school-based budgeting (EDN 100), the sum of $117,646,768 for fiscal year 2001-2002 and the sum of [$134,773,597] $122,855,628 for fiscal year 2002-2003 shall be used to pay for debt service on general obligation bonds issued for department of education projects and shall be transferred to the financial administration program (BUF 115) of the department of budget and finance for that purpose; and provided further that the funds shall be transferred no later than July 16 of each respective fiscal year."

(8) By amending section 57 to read as follows:

"SECTION 57. Provided that of the general fund appropriation for systemwide support (UOH 900), the sum of $39,148,874 for fiscal year 2001-2002 and the sum of [$41,721,567] $43,096,184 for fiscal year 2002-2003 shall be used to pay for health fund benefits for university of Hawaii employees and transferred to the program planning, analysis and budgeting program (BUF 101) of the department of budget and finance for that purpose; and provided further that the funds shall be transferred no later than July 16 of each respective fiscal year."

(9) By amending section 58 to read as follows:

"SECTION 58. Provided that of the general fund appropriation for systemwide support (UOH 900), the sum of $54,298,508 for fiscal year 2001-2002 and the sum of [$62,203,199] $56,702,598 for fiscal year 2002-2003 shall be used to pay for debt service on general obligation bonds issued for university of Hawaii projects and shall be transferred to the financial administration program (BUF 115) of the department of budget and finance for that purpose; and provided further that the funds shall be transferred no later than July 16 of each respective fiscal year."

(10) By amending section 71 to read as follows:

"SECTION 71. Provided that of the general fund appropriation for the office of the governor (GOV 100), the sum of [$50,000] $100,000 for fiscal year 2002-2003 shall be expended for the gubernatorial transition; provided further that the funds shall not be expended for any other purpose; provided further that any unexpended funds shall lapse to the general fund; and provided further that the director of finance shall submit a report on all expenditures and lapses to the legislature no later than twenty days prior to the convening of the 2003 regular [sessions.] session."

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

"SECTION 71.1. Provided that of the general fund appropriation for program planning analysis and budgeting (BUF 101), the sum of $1,997,685 in fiscal year 2002-2003 shall be expended to pay for vacation credits of officers and employees of the outgoing administration; provided further that the funds shall be allotted to the appropriate state departments according to procedures determined by the director of finance."

(12) By amending section 75 to read as follows:

"SECTION 75. Provided that of the general fund and inter-departmental transfer funds appropriated for program planning, analysis and budgeting (BUF 101), the sums of [$122,008,632] $123,074,946 and [$156,323,254] $160,993,378 respectively for fiscal year 2002-2003, or so much thereof as shall be necessary, shall be expended for the state employers share of health premiums for active employees and retirees; provided further that the Hawaii public employees health fund shall only contract for and offer health benefit and insurance plans that satisfy the objectives of chapter 87, Hawaii Revised Statutes; and provided further that the total aggregate costs of the plans contracted for and offered to active employees and retirees in fiscal year 2002-2003 shall not exceed the total aggregate amount appropriated for the state employers' share of that fiscal year adjusted for active and retiree enrollment levels; provided further that funds shall not be expended for any other purpose; and provided further that any unexpended funds shall lapse to the general fund."

(13) By amending section 77 to read as follows:

"SECTION 77. Provided that of the general fund appropriation for financial administration (BUF 115), the sum of $245,093,957 for fiscal year 2001-2002 and [$280,774,348] $255,945,596 for fiscal year 2002-2003 shall be used to pay for interest and principal on general obligation bonds; provided further that the funds shall not be expended for any other purpose; and provided further that any unexpended funds shall lapse to the general fund."

(14) By amending section 78 to read as follows:

"SECTION 78. Provided that of the interdepartmental transfer appropriation for financial administration (BUF 115), the sum of $171,945,276 for fiscal year 2001-2002 and [$196,976,796] $179,558,226 for fiscal year 2002-2003 shall be expended for interest and principal on general obligation bonds on behalf of the university of Hawaii and department of education; provided further that funds shall not be expended for any other purpose; and provided further that any unexpended funds shall lapse to the general fund."

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

"SECTION 78.1. Provided that of the general fund appropriation for financial administration (BUF 115), the sum of $5,600 for fiscal year 2002-2003 may be established as a separate account for a bond improvement protocol fund to be expended at the discretion of the director of finance for the promotion and improvement of state bond ratings and sales."

(16) By amending section 83 to read as follows:

"SECTION 83. Provided that of the general fund appropriation for work force attraction, selection, classification and effectiveness (HRD 102), the sum of $2,221,620 for fiscal year 2001-2002 and the sum of $2,221,620 for fiscal year 2002-2003 shall be expended for unemployment compensation claims of former state employees; provided further that any unrequired and unexpended funds appropriated for this purpose may be expended to meet workers' compensation claims; provided further that any unrequired and unencumbered funds shall be lapsed to the general fund; and provided further that the department of human resources development shall submit a detailed report of all expenditures and number of claims for unemployment compensation claim payments to the legislature no later than twenty days prior to the convening of the 2002 and 2003 regular sessions."

SECTION 5. Part IV, Act 259, Session Laws of Hawaii 2001, as amended by Act 3, Third Special Session Laws of Hawaii 2001, is amended by amending section 91 to read as follows:

"SECTION 91. CAPITAL IMPROVEMENT PROJECTS AUTHORIZED.

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

SECTION 6. Part V, Act 259, Session Laws of Hawaii 2001, as amended by Act 3, Third Special Session Laws of Hawaii 2001, is amended:

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

"SECTION 118.1. Act 91, Session Laws of Hawaii 1999, Section 64, as amended and renumbered by Act 281, Session Laws of Hawaii 2000, Section 5, is amended, by amending Item C-94 to read:

"V73 PUUNENE AVENUE/MOKULELE HWY. WIDENING, KUIHELANI HWY. TO PIILANI HWY., MAUI

LAND ACQUISITION AND CONSTRUCTION FOR WIDENING OF PUUNENE AVENUE AND MOKULELE HIGHWAY FROM TWO LANES TO FOUR LANES, PHASE 1. THIS PROJECT IS DEEMED NECESSARY TO QUALIFY FOR FEDERAL AID FINANCING AND/OR REIMBURSEMENT. (SPECIAL FUNDS FROM DUTY FREE)

LAND 4,170

CONSTRUCTION 43,000

TOTAL FUNDING TRN B [10,700 B]

4,000 B

TRN 835 E 6,700 E

TRN 3,335 N 32,300 N"

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

"SECTION 118.2 Any law to the contrary notwithstanding, the appropriations under Act 91, Session Laws of Hawaii 1999, section 64, as amended and renumbered by Act 281, Session Laws of Hawaii 2000, section 5, in the amounts indicated or balances thereof, unallotted, allotted, encumbered and unrequired, are hereby lapsed:

Item No. Amount (MOF)

A-7 $ 150,000 C

A-8 200,000 C

A-15 250,000 C

A-16D 5,000 C

A-16E 10,000 C

A-16G 25,000 C

B-1 800,000 C

C-58 4,600,000 X

C-64 535,000 E

C-85J 700,000 E

C-95 1,550,000 E

C-118 1,757,000 N

D-7 112,030 C

F-2 2,950,000 C

G-29 420,000 C

G-32 400,000 C

G-36 1,000,000 C

G-37 1,000,000 C

G-41 226,000 C

G-42 50,000 C

G-49 45,000 C

G-50 50,000 C

G-53 375,000 C

G-56 50,000 C

G-57 75,000 C

G-58 65,000 C

G-64 110,000 C

G-68 50,000 C

G-71 200,000 C

G-87 325,000 C

G-91 800,000 C

H-8 400,000 C

H-9A 250,000 C

I-4B 3,000,000 C

K-3 14,400,000 N

K-4 828,129 C

K-8 500,000 B

K-9 400,000 B

K-20 1,404,000 C

K-22A 5,000,000 C

K-24A 286,000 C

K-25 150,000 C

K-29 160,000 C

K-30 450,000 C

K-30A 160,000 C

K-30C 445,000 C"

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

"SECTION 118.3. Any law to the contrary notwithstanding, the appropriations which are denoted as necessary to qualify for federal aid financing and/or reimbursement under Act 91, Session Laws of Hawaii 1999, section 64, as amended and renumbered by Act 281, Session Laws of Hawaii 2000, section 5, in the amounts indicated or balances thereof, unallotted, allotted, encumbered, and unrequired, are hereby lapsed:

Item No. Amount (MOF)

C-88 $ 3,650,000 N

K-28 2,000,000 C"

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

"SECTION 118.4. Any law to the contrary notwithstanding, the appropriations under Act 328, Session Laws of Hawaii 1997, section 140A, as amended and renumbered by Act 116, Session Laws of Hawaii 1998, section 5, in the amounts indicated or balances thereof, unallotted, allotted, encumbered and unrequired, are hereby lapsed:

Item No. Amount (MOF)

A-1 $ 22,105 C

A-13 269,629 C

A-13C 1,286 C

C-159M 4,500,000 N

C-159O 5,200,000 N

C-159P 13,040,000 N

C-159Q 30,560,000 N

C-215 387,000 N

G-1 691,193 B

G-17 313 B

G-45 607,430 B

I-7 3,430,000 C

K-3 15 C

K-61A 600,000 C"

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

"SECTION 118.5. Any law to the contrary notwithstanding, the appropriations which are denoted as necessary to qualify for federal aid financing and/or reimbursement under Act 328, Session Laws of Hawaii 1997, section 140A, as amended and renumbered by Act 116, Session Laws of Hawaii 1998, section 5, in the amounts indicated or balances thereof, unallotted, allotted, encumbered, and unrequired, are hereby lapsed:

Item No. Amount (MOF)

A-5 $ 3,200 C

C-116 1,675,000 E

C-116 6,705,000 N

C-117 2,292,000 N

C-140 2,700,000 N

C-142 1,200,000 N

C-159F 822,000 N

C-159H 1,600,000 N

C-159H 400,000 R

C-159I 1,800,000 N

C-159I 450,000 R

C-171C 285,000 N

C-184 1,384,000 N

C-185 1,200,000 N

C-186 530,000 N

C-194 13,110,000 N

C-200 4,200,000 N

C-201 225,000 N

C-206C 225,000 N

C-210 1,230,000 N

H-30 14 D

I-15B 15,000 C

I-15C 15,000 C

I-15D 15,000 C

I-15E 15,000 C

I-15F 15,000 C

I-15G 15,000 C

I-15H 15,000 C

I-15I 15,000 C"

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

"SECTION 118.6. Any law to the contrary notwithstanding, the appropriations under Act 218, Session Laws of Hawaii 1995, section 99, as amended and renumbered by Act 287, Session Laws of Hawaii 1996, section 5, in the amounts indicated or balances thereof, unallotted, allotted, encumbered and unrequired, are hereby lapsed:

Item No. Amount (MOF)

A-0A $ 87,061 C

A-25A 8,713 C

C-85B 7,000,000 N

D-4 3,550 C

D-5 4,000 C

D-7 22,450 C

E-9 27,102 C

G-13 5,146 C

G-32 25,000 C

G-36 249,138 B

G-51 19,950 C

G-82 645 C

G-82A 220,462 C

G-100 38,696 C

K-16 20,754 C

K-17 19,109 C"

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

"SECTION 118.7. Any law to the contrary notwithstanding, the appropriations which are denoted as necessary to qualify for federal aid financing and/or reimbursement under Act 218, Session Laws of Hawaii 1995, section 99, as amended and renumbered by Act 287, Session Laws of Hawaii 1996, section 5, in the amounts indicated or balances thereof, unallotted, allotted, encumbered, and unrequired, are hereby lapsed:

Item No. Amount (MOF)

C-25 $ 500,000 E

C-25 2,000,000 N

C-26 4,233,000 N

C-28 10,000 E

C-28 320,000 N

C-30 5,490,000 N

C-34 3,023,000 N

C-35 181,000 N

C-45 15,728,000 N

C-45 4,080,000 R

C-47 1,959,000 N

C-49M 1,936,000 N

C-49O 10,331,000 N

C-49Q 6,225,000 N

C-51 98,000 N

C-55 302,000 N

C-57 423,000 N

C-59 200,000 E

C-59 800,000 N

C-70 383,000 N

C-71 1,134,000 N

C-72 251,000 N

C-77 1,416,000 N

C-78 2,604,000 N

C-81 9,466,000 N

C-84 69,500 C

C-84 6,201,000 N

G-79 372,574 C"

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

"SECTION 118.8. Any law to the contrary notwithstanding, the appropriations under Act 289, Session Laws of Hawaii 1993, section 127, as amended and renumbered by Act 252, Session Laws of Hawaii 1994, section 5, in the amounts indicated or balances thereof, unallotted, allotted, encumbered and unrequired, are hereby lapsed:

Item No. Amount (MOF)

A-2 $ 9,941 C

E-10 1,573 C

E-18A 22,141 C

G-76A 218 C

G-86B 166 C

G-102A 9,708 C

K-11 71,476 C

K-14 1,000 C"

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

"SECTION 118.9. Any law to the contrary notwithstanding, the appropriations which are denoted as necessary to qualify for federal aid financing and/or reimbursement under Act 289, Session Laws of Hawaii 1993, section 127, as amended and renumbered by Act 252, Session Laws of Hawaii 1994, section 5, in the amounts indicated or balances thereof, unallotted, allotted, encumbered, and unrequired, are hereby lapsed:

Item No. Amount (MOF)

A-6 $ 4,431 C

A-6 9,000,000 N

C-39 407,000 J

C-60 42,000 N

C-79 4,783,000 N

H-9 446 C"

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

"SECTION 118.10. Any law to the contrary notwithstanding, the appropriations under Act 296, Session Laws of Hawaii 1991, section 165, as amended and renumbered by Act 300, Session Laws of Hawaii 1992, section 6, in the amounts indicated or balances thereof, unallotted, allotted, encumbered and unrequired, are hereby lapsed:

Item No. Amount (MOF)

A-2 $ 156,100 C

A-4 1,000 C

A-18 140,600 C

C-37 13,467,000 K

C-40 47,090,000 J

C-46 156,000 N

C-52 753,000 J

C-60 1,000 B

D-13 900,000 C

F-3A 5,000 C

F-4 628 C

F-6 900 C

G-88 2,652 C

G-116 60,271 C

G-142 6,855 C

H-4 6,200 C

H-34 3,909 D

H-44 6,435 C

I-4 103,993 C

I-7 24,014 C

K-5 455 C

K-17 22,000 C

K-18 5,374 C

K-19 98,000 C

K-20 35,000 C"

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

"SECTION 118.11. Any law to the contrary notwithstanding, the appropriations which are denoted as necessary to qualify for federal aid financing and/or reimbursement under Act 296, Session Laws of Hawaii 1991, section 165, as amended and renumbered by Act 300, Session Laws of Hawaii 1992, section 6, in the amounts indicated or balances thereof, unallotted, allotted, encumbered, and unrequired, are hereby lapsed:

Item No. Amount (MOF)

C-90 $ 11,186 D

C-90 3,914,000 N

F-3 13,027 C

H-18 34,755 C

H-35 14,253 C"

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

"SECTION 118.12. Any law to the contrary notwithstanding, the appropriations under Act 317, Session Laws of Hawaii 1991, section 2, in the amounts indicated or balances thereof, unallotted, allotted, encumbered and unrequired, are hereby lapsed:

Item No. Amount (MOF)

F-6 $ 370 C

G-92 5,000 C"

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

"SECTION 118.13. Any law to the contrary notwithstanding, the appropriations under Act 316, Session Laws of Hawaii 1989, section 222, as amended and renumbered by Act 299, Session Laws of Hawaii 1990, section 6, in the amounts indicated or balances thereof, unallotted, allotted, encumbered and unrequired, are hereby lapsed:

Item No. Amount (MOF)

C-42 $ 53,790 D

C-42 12,869,000 K

C-45 125,000 N

C-55 900,000 J

C-56 540,000 J

G-151 168,107 C

H-1 2,321 C

K-22 10,871 C

K-23B 316,107 C"

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

"SECTION 118.14. Any law to the contrary notwithstanding, the appropriations which are denoted as necessary to qualify for federal aid financing and/or reimbursement under Act 316, Session Laws of Hawaii 1989, section 222, as amended and renumbered by Act 299, Session Laws of Hawaii 1990, section 6, in the amounts indicated or balances thereof, unallotted, allotted, encumbered, and unrequired, are hereby lapsed:

Item No. Amount (MOF)

C-30A $ 124 C

C-39 900,000 J

C-40 769,000 J

C-41 431,024 D

C-41 73,947,000 J

C-51 1,148,000 K

C-60 37,000 B

C-60 2,106,186 C

C-62B 6,534 C

C-64 1,725,000 B

C-64 54,222 C

C-67 11,284,000 K

C-70A 5 C

C-70A 181,000 K

C-78 673,000 N

D-11 300 C

H-13 10,465 C

H-14 12,647 C

H-23 730 C

I-11 5,982 C"

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

"SECTION 118.15. Any law to the contrary notwithstanding, the appropriation under Act 391, Session Laws of Hawaii 1988, section 2, in the amount of $7,188 or balance thereof, unallotted, allotted, encumbered and unrequired, is hereby lapsed."

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

"SECTION 118.16. Any law to the contrary notwithstanding, the appropriations under Act 216, Session Laws of Hawaii 1987, section 280, as amended and renumbered by Act 390, Session Laws of Hawaii 1988, section 6, in the amounts indicated or balances thereof, unallotted, allotted, encumbered and unrequired, are hereby lapsed:

Item No. Amount (MOF)

A-26 16,000 C

C-25A 34,160 D

F-20 13,307 C

F-21 104,882 D

G-57 1,674 C

G-62 12,782 C

G-68 1,642 C

G-78 150,000 C

G-80 3,240 C

I-3C 50,000 C

K-28A 460 C"

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

"SECTION 118.17. Any law to the contrary notwithstanding, the appropriations which are denoted as necessary to qualify for federal aid financing and/or reimbursement under Act 216, Session Laws of Hawaii 1987, section 280, as amended and renumbered by Act 390, Session Laws of Hawaii 1988, section 6, in the amounts indicated or balances thereof, unallotted, allotted, encumbered, and unrequired, are hereby lapsed:

Item No. Amount (MOF)

A-17A $ 3,461 C

C-39 1,383 D

C-43 20 D

C-44 42,583 D

C-45 791 D

C-46 1 D

C-47 18,912 D

C-50 7,444 D

C-62 1 D

C-65 54,395 D

C-68 20,486 D

C-72 43,746 D

C-80 21,616 D

C-84 2,111 D

C-89 50,630 D

H-40 200,001 C

H-48A 80,000 C

H-51A 250,980 C"

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

"SECTION 118.18. Any law to the contrary notwithstanding, the appropriation under Act 217, Session Laws of Hawaii 1987, section 2, in the amount indicated or balance thereof, unallotted, allotted, encumbered and unrequired, is hereby lapsed:

Item No. Amount (MOF)

H-1 $ 22,903 C"

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

"SECTION 118.19. Any law to the contrary notwithstanding, the appropriation under Act 347, Session Laws of Hawaii 1987, section 2, in the amount indicated or balance thereof, unallotted, allotted, encumbered and unrequired, is hereby lapsed:

Item No. Amount (MOF)

A-4 $ 5,000 C"

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

"SECTION 118.20. Any law to the contrary notwithstanding, the appropriations under Act 300, Session Laws of Hawaii 1985, section 136, as amended and renumbered by Act 345, Session Laws of Hawaii 1986, section 6, in the amounts indicated or balances thereof, unallotted, allotted, encumbered and unrequired, are hereby lapsed:

Item No. Amount (MOF)

A-15 $ 51,265 C

E-5 1,900 C

H-66 3,253 D

K-1 4,359 C

K-12 536 C

K-26 1,037 C"

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

"SECTION 118.21. Any law to the contrary notwithstanding, the appropriations which are denoted as necessary to qualify for federal aid financing and/or reimbursement under Act 300, Session Laws of Hawaii 1985, section 136, as amended and renumbered by Act 345, Session Laws of Hawaii 1986, section 6, in the amounts indicated or balances thereof, unallotted, allotted, encumbered, and unrequired, are hereby lapsed:

Item No. Amount (MOF)

A-10 $ 40,114 C

C-30 2,737 D

C-32 15,027 D

C-33 48,681 D

C-34 118,909 D

C-36 1 D

C-37 18,446 D

C-39 101,983 D

C-42A 170,377 D

C-50 337 D

C-54 3,528 D

C-55 11,185 D

C-58 293,850 D

C-59 2 D

C-63 187,210 D

D-5 1,671 C

H-29 5,428 C

H-48 4,358 C

H-53 8,279 C

H-66A 216,140 C"

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

"SECTION 118.22. Any law to the contrary notwithstanding, the appropriations under Act 301, Session Laws of Hawaii 1983, section 80, as amended and renumbered by Act 285, Session Laws of Hawaii 1984, section 7, in the amounts indicated or balances thereof, unallotted, allotted, encumbered, and unrequired, are hereby lapsed:

Item No. Amount (MOF)

K-1 $ 1,928 C

K-6 7,486 C

K-6 1,081 D"

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

"SECTION 118.23. Any law to the contrary notwithstanding, the appropriations which are denoted as necessary to qualify for federal aid financing and/or reimbursement under Act 301, Session Laws of Hawaii 1983, section 80, as amended and renumbered by Act 285, Session Laws of Hawaii 1984, section 7, in the amounts indicated or balances thereof, unallotted, allotted, encumbered, and unrequired, are hereby lapsed:

Item No. Amount (MOF)

C-36 $ 194,019 D

C-37 233,895 D

C-41 11,164 D

C-44 2 D

C-47 6 D

C-48 1 D

C-49 105,224 D

C-53 4,073 D

C-58 22,631 D"

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

"SECTION 118.24. Any law to the contrary notwithstanding, the appropriations under Act 1, First Special Session Laws of Hawaii 1981, section 104, as amended and renumbered by Act 264, Session Laws of Hawaii 1982, in the amounts indicated or balances thereof, unallotted, allotted, encumbered, and unrequired, are hereby lapsed:

Item No. Amount (MOF)

III-E-7 $ 2,350 C"

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

"SECTION 118.25. Any law to the contrary notwithstanding, the appropriations which are denoted as necessary to qualify for federal aid financing and/or reimbursement under Act 1, First Special Session Laws of Hawaii 1981, section 92, as amended and renumbered by Act 264, Session Laws of Hawaii 1982, section 5, in the amounts indicated or balances thereof, unallotted, allotted, encumbered, and unrequired, are hereby lapsed:

Item No. Amount (MOF)

C-38 $ 223,618 D

C-39 4,350 D

C-40 5 D

C-41 9 D

C-45 9,807 D

C-46 5,663 D

C-50 230,270 D

C-54A 368,182 D

C-57 60,362 D

H-17A 250,809 C"

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

"SECTION 118.26. Any law to the contrary notwithstanding, the appropriations under Act 214, Session Laws of Hawaii 1979, section 120, as amended and renumbered by Act 300, Session Laws of Hawaii 1980, section 7, in the amounts indicated or balances thereof, unallotted, allotted, encumbered, and unrequired, are hereby lapsed:

Item No. Amount (MOF)

C-46B $ 11,082 D"

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

"SECTION 118.27. Any law to the contrary notwithstanding, the appropriations under Act 10, Special Session Laws of Hawaii 1977, section 86, as amended and renumbered by Act 243, Session Laws of Hawaii 1978, section 5, in the amounts indicated or balances thereof, unallotted, allotted, encumbered and unrequired, are hereby lapsed:

Item No. Amount (MOF)

E-10 $ 46,825 C"

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

"SECTION 118.28. Any law to the contrary notwithstanding, the appropriations under Act 195, Session Laws of Hawaii 1975, as amended and renumbered by Act 226, Session Laws of Hawaii 1976, section 7, in the amounts indicated or balances thereof, unallotted, allotted, encumbered and unrequired, are hereby lapsed:

Item No. Amount (MOF)

IV-N-95 $ 5,000 C"

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

"SECTION 118.29. Any law to the contrary notwithstanding, the appropriations under Act 218, Session Laws of Hawaii 1973, section 72, as amended and renumbered by Act 218, Session Laws of Hawaii 1974, section 6, in the amounts indicated or balances thereof, unallotted, allotted, encumbered and unrequired, are hereby lapsed:

Item No. Amount (MOF)

F-4 $ 36,466 C"

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

"SECTION 118.30. Any law to the contrary notwithstanding, the appropriations under Act 197, Session Laws of Hawaii 1971, section 2, in the amounts indicated or balances thereof, unallotted, allotted, encumbered and unrequired, are hereby lapsed:

Item No. Amount (MOF)

I-K–65 $ 5,023 C"

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

"SECTION 118.31. Any law to the contrary notwithstanding, all appropriations which are denoted as necessary to qualify for federal aid financing and/or reimbursements under Act 195, Session Laws of Hawaii 1975, section 88, as amended and renumbered by Act 226, Session Laws of Hawaii 1976, section 6, including any balances unallotted, allotted, or encumbered, shall lapse on June 30, 2003."

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

"SECTION 118.32. Any law to the contrary notwithstanding, all appropriations which are denoted as necessary to qualify for federal aid financing and/or reimbursements under Act 10, First Special Session Laws of Hawaii 1977, section 86, as amended and renumbered by Act 243, Session Laws of Hawaii 1978, section 5, including any balances unallotted, allotted, or encumbered, shall lapse on June 30, 2003."

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

"SECTION 118.33. Any law to the contrary notwithstanding, all appropriations which are denoted as necessary to qualify for federal aid financing and/or reimbursements under Act 214, Session Laws of Hawaii 1979, section 120, as amended and renumbered by Act 300, Session Laws of Hawaii 1980, section 7, including any balances unallotted, allotted, or encumbered, shall lapse on June 30, 2003."

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

"SECTION 118.34. Any law to the contrary notwithstanding, all appropriations which are denoted as necessary to qualify for federal aid financing and/or reimbursements under Act 263, Session Laws of Hawaii 1982, section 2, including any balances unallotted, allotted, or encumbered, shall lapse on June 30, 2003."

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

"SECTION 118.35. Any law to the contrary notwithstanding, all appropriations which are denoted as necessary to qualify for federal aid financing and/or reimbursements under Act 347, Session Laws of Hawaii 1986, section 2, including any balances unallotted, allotted, or encumbered, shall lapse on June 30, 2003."

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

"SECTION 118.36. Any law to the contrary notwithstanding, all appropriations which are denoted as necessary to qualify for federal aid financing and/or reimbursements under Act 300, session Laws of Hawaii 1990, section 2, including any balances unallotted, allotted, or encumbered, shall lapse on June 30, 2003."

SECTION 7. Part VII, Act 259, Session Laws of Hawaii 2001, as amended by Act 3, Third Special Session Laws of Hawaii 2001, is amended:

(1) By amending section 150 to read as follows:

"SECTION 150. The governor may authorize the transfer of positions and funds [from] between the department of health [to] and the department of education to address Felix Consent Decree requirements; provided further that any transfers shall be based on the transfer of responsibility for Felix clients and/or treatments [from] between the department of health [to] and the department of education."

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

"SECTION 146.1. Provided that, the general fund appropriation for school based budgeting (EDN 100) is based upon regular instruction student enrollment projections of 159,894 for fiscal year 2002-2003; provided further that the appropriation provides for the department of education to retain 7,373 on-ratio teachers and 1,529.50 state and district office resources and off-ratio teachers for regular education."

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

"SECTION 146.2. Provided that the general fund appropriation for comprehensive school support services (EDN 150) is based upon special education student enrollment projections of 21,453 for fiscal year 2002-2003 including 361 charter and 920 pre-k students; provided further that the appropriation provides for the department of education to retain 2,030 on-ratio special education teachers, 217 regular education inclusion teachers and 176 state and district office resource and off-ratio teachers for special education, and to comply with staffing provisions specified in the Felix consent decree."

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

"SECTION 166.1. Provided that of the appropriations authorized for executive programs in part II of this Act for fiscal year 2002-2003, settlements and judgments approved by the legislature in part B of .B. No. (the Claims Bill) shall be funded within each program's departmental allocation for fiscal year 2002-2003."

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

"SECTION 166.2. Provided that, in the event that the amount of settlements and judgments approved by the legislature in part B of .B. No. (the Claims Bill) exceeds program allocations for fiscal year 2002-2003, for the purposes of meeting such obligations: (1) a department with the approval of the governor, is authorized to utilize allocated savings determined to be available from any other program within the department; and (2) unless otherwise provided by general law, the governor is authorized to transfer funds between allocations of appropriations within a department, for the purposes of paying settlements and judgments of a program."

SECTION 8. If any portion of this Act or its application to any person, entity or circumstance is held to be invalid for any reason, then it is hereby declared that the invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. If any portion of a specific appropriation is held to be invalid for any reason, the remaining portion shall be expended to fulfill the objectives of such appropriation to the extent possible.

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

SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. In printing this Act, the revisor of statutes need not include the brackets, the bracketed material or the underscoring. Nothing in this Act shall affect the validity or continuing effectiveness of any provisions of Act 259, Session Laws of Hawaii 2001, as amended by Act 3, Third Special Session Laws of Hawaii 2001, not repealed or modified by this Act.

SECTION 11. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________