Report Title:

State Budget ($)

Description:

Supplemental operating budget.

THE SENATE

S.B. NO.

3046

TWENTY-SECOND LEGISLATURE, 2004

 

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 2004.

SECTION 2. This Act amends Act 200, Session Laws of Hawaii 2003, and other appropriations and authorizations effective during fiscal biennium 2003-2005.

SECTION 3. Act 200, Session Laws of Hawaii 2003, 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, 2003, and ending June 30, 2005. The total expenditures and the number of positions in each fiscal year of the biennium shall not exceed the sums and the number indicated for each fiscal year, except as provided elsewhere in this Act, or as provided by general law.

SECTION 4. Part III, Act 200, Session Laws of Hawaii 2003, is amended:

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

"SECTION 7. Provided that of the general fund appropriation for agribusiness development and research (AGR 161), the sum of $240,558 for fiscal year 2003-2004 and the sum of [$240,558] $190,558 for fiscal year 2004-2005 shall be deposited into the Hawaii agricultural development revolving fund to be expended for purposes of the fund."

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

"SECTION 18.1. Provided that of the general fund appropriation for forests and wildlife resources (LNR 402), the sum of $5,000,000 for fiscal year 2004-2005 shall be expended by the department for a statewide invasive species prevention and control program; provided further that portions of this appropriation may be transferred to other state departments to be expended for activities contributing to the statewide invasive species prevention and control program; provided further that the department of land and natural resources is encouraged to seek additional sums from federal, county, private, and other non-state funds or in-kind services for this program; and provided further that these funds shall not be used for any other purposes."

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

"SECTION 25.1. Provided that any increase in the federal funding for hansen's disease services (HTH 111) for Kalaupapa may be expended for purposes of the program as approved by the governor."

(4) By amending section 39 to read as follows:

"SECTION 39. Provided that of the general fund appropriation for school-based budgeting (EDN 100), the sum of $123,918,240 for fiscal year 2003-2004 and the sum of [$136,579,047] $133,733,590 for fiscal year 2004-2005 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 this purpose; and provided further that the funds shall be transferred no later than July 16 of each respective fiscal year."

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

"SECTION 39.1. Provided that of the general fund appropriation for charter schools (EDN 600), the sum of $2,845,457 for fiscal year 2004-2005 shall be used to pay for health fund benefits for charter school employees and transferred to the program planning, analysis and budgeting program (BUF 101) of the department of budget and finance for this purpose; and provided further that the funds shall be transferred no later than July 16 of the respective fiscal year."

(6) By amending section 40 to read as follows:

"SECTION 40. Provided that of the general fund appropriation for school-based budgeting (EDN 100), the sum of $98,933,822 for fiscal year 2003-2004 and the sum of [$106,291,688] $98,377,766 for fiscal year 2004-2005 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 this propose; and provided further that the funds shall be transferred no later than July 16 of each respective fiscal year."

(7) By amending section 41 to read as follows:

"SECTION 41. Provided that of the general fund appropriation for school-based budgeting (EDN 100), the sum of $76,403,876 for fiscal year 2003-2004 and the sum of [$105,883,879] $104,693,245 for fiscal year 2004-2005 shall be used to pay for pension accumulation contributions for department of education employees; provided further that the sum of $63,911,192 for fiscal year 2003-2004 and the sum of [$65,914,430] $64,462,674 for fiscal year 2004-2005 shall be used to pay for social security/Medicare contributions for department of education employees; provided further that the amounts shall be transferred to the retirement program (BUF 141) of the department of budget and finance for that purpose; and provided further that the funds shall be transferred no later than July 16 of each respective fiscal year."

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

"SECTION 41.1. Provided that of the general fund appropriation for charter schools (EDN 600), the sum of $1,190,634 for fiscal year 2004-2005 shall be used to pay for pension accumulation contributions for charter school employees; provided further that the sum of $1,451,756 for fiscal year 2004-2005 shall be used to pay for social security/Medicare contributions for charter school employees; provided further that the funds shall be transferred to the retirement program (BUF 141) of the department of budget and finance for that purpose; and provided further that the funds shall be transferred no later than July 16 of the respective fiscal year."

(9) By amending section 42 to read as follows:

"SECTION 42. Provided that of the general fund appropriations for school based budgeting (EDN 100), the following fiscal year 2004-2005 cost items shall be considered non-recurring cost items:

(1) Equipment for new [4,281,492]$4,540,612

facilities-regular

instruction

(2) Equipment for new facilities- [128,122]168,122

special Education

(3) Equipment for new facilities- 106,143

school Administration

(4) Equipment for new facilities- 259,164[;]

school libraries

(5) Equipment for new facilities- 48,179;

support services

and provided further that the aforementioned cost items shall be reduced by the appropriate amount at the beginning of fiscal biennium 2005-2007."

(10) By amending section 52 to read as follows:

"SECTION 52. Provided that of the general fund appropriation for systemwide support (UOH 900), the sum of $45,661,764 for fiscal year 2003-2004 and the sum of [$49,057,702] $45,405,122 for fiscal year 2004-2005 shall be used to pay for debt service on general obligation bonds issued for university of Hawaii projects and transferred to the financial administration program (BUF 115) of the department of budget and finance for that purpose; and provided further that the funds shall be transferred no later than July 16 of each respective fiscal year."

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

"SECTION 57. Provided that of the general fund appropriation for general administration (PSD 900), the sum of $28,523,136 for fiscal year 2003-2004 and the sum of [$28,523,136] $33,580,466 for fiscal year 2004-2005 shall be expended for mainland prison contracts for transportation and necessary operation costs of housing; provided further that if the department of public safety determines that there are inmates who can be released or paroled for the propose of treatment, and that such release or parole lowers the number of beds that need to be leased in mainland facilities, then an appropriate part of this sum may be used for treatment services; provided further that any unexpended funds shall lapse into the general fund; provided further that the department of public safety shall submit a report each year of all expenditures made for the mainland prisoners for the previous fiscal year and the current fiscal year, four months actual; and provided further that this report shall be submitted to the legislature no later than twenty days prior to the convening of the 2004 and 2005 regular sessions, respectively."

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

"SECTION 58. Provided that of the general fund appropriation for general administration (PSD 900), the sum of $2,628,000 for fiscal year 2003-2004 and the sum of [$2,628,000] $3,832,858 for fiscal year 2004-2005 shall be expended for the housing of inmates at the Hawaii based federal detention centers or mainland facilities; provided further that the department of public safety shall provide a report to the legislature each year concerning its actions surrounding the transportation of additional inmates to mainland facilities to make available more space, the total cost including transportation and housing of an inmate on the mainland versus renting bed space at the federal detention center, and a detailed breakdown of the criteria used to select which inmates are eligible to be moved to mainland facilities; and provided further that this report shall be submitted to the legislature no later than twenty days prior to the convening of the 2004 and 2005 regular sessions, respectively."

(13) By amending section 68 to read as follows:

"SECTION 68. Provided that of the general fund appropriation for financial administration (BUF 115), the sum of [$206,109,206] $190,299,559 for fiscal year 2003-2004 and the sum of [$221,437,876] $204,950,771 for fiscal year 2004-2005 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 72 to read as follows:

"SECTION 72. Provided that of the general fund appropriation for work force attraction, selection, classification and effectiveness (HRD 102), the sum of $4,933,726 for fiscal year 2003-2004 and the sum of [$4,933,726] $7,989,622 for fiscal year 2004-2005 shall be expended for workers' compensation claims; and provided further that the department of human resources development shall submit a detailed report each year of all expenditures, including the number of claims for workers' compensation claim payments; statistics on the duration of payments made to claimants; statistics on the average compensation paid per claimant; and a breakdown of the claims paid by department. This report shall be submitted to the legislature no later than twenty days prior to the convening of the 2004 and 2005 regular sessions, respectively."

SECTION 5. Part IV, Act 200, Session Laws of Hawaii 2003, is amended by amending section 77 to read as follows:

"SECTION 77. 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 200, Session Laws of Hawaii 2003, is amended:

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

"SECTION 93.1. 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)

   K-3  $1,000,000 C"

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

"SECTION 95.1. Any law to the contrary notwithstanding, the appropriations under Act 259, Session Laws of Hawaii 2001, section 91, as amended and renumbered by Act 3, Third Special Session Laws of Hawaii 2001, section 3, and as further amended and renumbered by Act 177, Session Laws of Hawaii 2002, section 5, in the amounts indicated or balances thereof, unallotted, allotted, encumbered, and unrequired, are hereby lapsed:

Item No. Amount  (MOF)

A-14 $   400,000 C 

A-15A 500,000 C 

A-17A 376,293 C 

G-30C 2,500,000 C 

G-33A 475,000 C 

G-33C 1,000,000 C 

G-36B 250,000 C 

G-39A 250,000 C 

G-40 200,000 C 

G-42 325,000 C 

G-42A 450,000 C 

G-42B 1,200,000 C 

G-42C 520,000 C 

G-43D 1,000,000 C 

G-46B 2,529,000 C 

G-54G 5,500,000 C 

I-1 18,735,000 C"

SECTION 7. Part VII, Act 200, Session Laws of Hawaii 2003, is amended:

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

"SECTION 121.1. The governor may authorize the expenditure of department of transportation special funds for transportation-related capital improvement projects not previously authorized in this Act to cope with the effects of natural disasters, or unforeseen emergencies, provided that the effects of the natural disaster, or unforeseen emergencies, create an urgent need to pursue a course of action which is in the best interest of the State."

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

"SECTION 145.1. Provided that of the general fund appropriation for legal services (ATG 100), the sum of $25,000 or so much thereof as necessary for fiscal year 2004-2005 may be expended at the discretion of the attorney general to host a meeting of the Conference of Western Attorneys General."

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

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

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

SECTION 11. Nothing in this Act shall affect the validity or continuing effectiveness of any provisions of Act 200, Session Laws of Hawaii 2003, not repealed or modified by this Act.

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

INTRODUCED BY:

_____________________________

BY REQUEST