THE SENATE	S.B. NO.	2690
TWENTY-SIXTH LEGISLATURE, 2012
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 2012.

     SECTION 2.  This Act amends Act 164, Session Laws of Hawaii 2011, and other appropriations and authorizations effective during fiscal biennium 2011‑2013.

     SECTION 3.  In accordance with Sections 37‑92(b) and 37‑92(h) of the Hawaii Revised Statutes, it has been determined that the appropriations contained in this Act will cause the general fund appropriation ceiling of the executive branch to be exceeded in fiscal year 2011‑2012 by $371,535,681 or 7.2%, and in fiscal year 2012‑2013 by $12,259,829 or 0.2%.  The reasons for exceeding the executive branch appropriation ceiling are due to the substantial costs of social assistance entitlements, support for public education, and other critical requirements.

     SECTION 4.  Part II, Act 164, Session Laws of Hawaii 2011, 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, 2011 and ending June 30, 2013.  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 5.  Part III, Act 164, Session Laws of Hawaii 2011, is amended:

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

     "SECTION 3.1.  Provided that of the general fund appropriation for general support for economic development (BED 142), the sum of $1,400,000 or so much thereof as may be necessary for fiscal year 2012‑2013 shall be expended by the department of business, economic development and tourism for high speed broadband initiatives; provided further that $1,000,000 shall be used to upgrade high schools to high speed broadband access and $400,000 shall be used to upgrade the eHawaii.gov website to provide high speed broadband access; provided further that this appropriation may be transferred to other state departments to be expended to upgrade high schools for high speed broadband access and to upgrade the eHawaii.gov website for high speed broadband access; and provided further that any unexpended funds shall lapse to the general fund."

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

     "SECTION 9.  Provided that of the special fund appropriation for airports administration (TRN 195), the sum of $78,107,803 or so much thereof as may be necessary for fiscal year 2011‑2012 and the sum of [$95,148,450] $131,372,000 or so much thereof as may be necessary for fiscal year 2012‑2013 shall be expended for the following purposes:

Purpose                 FY 2011‑2012       FY 2012‑2013

Interest and principal on

  revenue bonds              $78,107,803       [$95,148,450]

                                               $131,372,000;

provided further that any unexpected fund appropriation may be expended for principal and interest on revenue bonds payable from the passenger facility charge special fund, as necessary; and provided further that any unexpended funds shall lapse to the airport special fund."

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

     "SECTION 12.  Provided that of the special fund appropriations for the highways division (TRN 501‑TRN [561] 595), the following sums specified for special repair and maintenance projects in fiscal biennium 2011‑2013 shall be expended for special repair and maintenance purposes only as follows:

     Program I.D.       FY 2011-2012       FY 2012-2013

  TRN 501           $20,700,000       [$36,443,000]

                                       $36,693,000

  TRN 511           $ 9,500,000        $16,500,000

  TRN 531           $12,000,000        $20,500,000

  TRN 561           $ 7,000,000        $12,000,000

  TRN 595                              $   757,000;

and provided further that any unexpected funds shall lapse to the state highway fund."

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

     "SECTION 14.  Provided that of the special fund appropriation for Kauai Highways (TRN 561), the sum of $500,000 or so much thereof as may be necessary for fiscal year 2011‑2012 and the sum of [$500,000] $250,000 or so much thereof as may be necessary for fiscal year 2012‑2013 shall be expended by the department of transportation to provide Saturday contraflow services along Kuhio Highway State Route 56 from Kapaa to Hanamaula."

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

     "SECTION 18.1.  Provided that of the general fund appropriation for general administration ‑ department of human services (HMS 904), the sum of $250,000 or so much thereof as may be necessary for fiscal year 2012‑2013 shall be expended by the department to provide transition support programs for the phase out of the department of education's junior kindergarten program; provided further that this appropriation may be transferred to other state departments to support such programs; provided further that the department may assess the impact of Act 183, Session Laws of Hawaii 2010, on children's access to kindergarten; and provided further that any unexpended funds shall lapse to the general fund."

     (6) By amending section 19 to read as follows:

     "SECTION 19.  Provided that of the general fund appropriation for charter schools (EDN 600), the sum of $57,446,372 or so much thereof as may be necessary for fiscal year 2011‑2012 and the sum of [$60,603,057] $58,845,053 or so much thereof as may be necessary for fiscal year 2012‑2013 shall be expended by charter schools to fund their educational programs; provided further that the funds shall not be expended for any other purpose; provided further that for fiscal years 2011‑2012 and 2012‑2013, any general fund amount that exceeds the product derived from multiplying:

(1)  The actual charter school enrollment count on October 15, 2011, and October 15, 2012, as reviewed and verified by the charter school administrative office by November 15, 2011, and November 15, 2012; and

(2)  The sum of $5,867 for fiscal year 2011‑2012 and the sum of [$5,749] $5,900 for fiscal year 2012‑2013;

shall lapse to the charter schools account within the state treasury; provided further that charter schools shall prepare a report that shall include but not be limited to a detailed breakout of the all means of financing budget for the current and next fiscal year and actual expenditures for the last completed fiscal year for each charter school, a report of all other funds expended on behalf of each school, and a report detailing by school:

(1)  The enrollment projections used to submit the current budget request;

(2)  The actual October 15, 2011, and the actual October 15, 2012, enrollment count as reported by each school for the current school year;

(3)  The charter school administrative office's reviewed and verified October 15, 2011, and October 15, 2012, enrollment count; and

(4)  The charter school administrative office's reviewed and verified November 15, 2011, and November 15, 2012, enrollment count;

and provided further that the charter school administrative office shall submit these reports to the legislature no later than thirty days prior to the convening of the 2012 and 2013 regular sessions."

     (7) By amending section 32 to read as follows:

     "SECTION 32.  Provided that of the general fund appropriations for debt service payments (BUF 721—BUF 728), the following sums specified in fiscal biennium 2011‑2013 shall be expended for principal and interest payments on general obligation bonds only as follows:

Program I.D.       FY 2011—2012       FY 2012—2013

  BUF 721          $258,583,782      [$306,342,481]

                                      $294,929,786

  BUF 725          $222,989,025      [$264,173,610]

                                      $254,331,904

  BUF 728          $ 82,527,939      [$ 97,770,299]

                                      $ 94,127,897;

provided further that unrequired balances may be transferred only to retirement benefits payments (BUF 741—BUF 748) and health premium payments (BUF 761—BUF 768); 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."

     (8) By amending section 33 to read as follows:

     "SECTION 33.  Provided that of the general fund appropriations for retirement benefits payments (BUF 741‑BUF 748), the following sums specified in fiscal biennium 2011‑2013 shall be expended for the state employer's share of the employees' retirement system's pension accumulation only as follows:

Program I.D.       FY 2011—2012       FY 2012—2013

  BUF 741          $171,388,684      [$173,662,109]

                                      $178,947,975

  BUF 745          $181,970,000      [$184,245,000]

                                      $171,534,825

  BUF 748          $ 81,275,000      [$ 82,291,000]

                                      $ 85,038,332;

[P]provided that the amounts in BUF 741 accounts for amounts that shall be transferred in pursuant to section 96; provided further that unrequired balances may be transferred only to debt service payments (BUF 721‑BUF 728) and health premium payments (BUF 761‑BUF 768); 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.

     (9) By amending section 34 to read as follows:

     "SECTION 34.  Provided that of the general fund appropriations for retirement benefits payments (BUF 741‑BUF 748), the following sums specified in fiscal biennium 2011‑2013 shall be expended for the state employer's share of the social security/Medicare payment for employees only as follows:

Program I.D.       FY 2011—2012       FY 2012—2013

  BUF 741           $90,621,637       [$84,840,795]

                                       $77,859,502

  BUF 745           $98,707,870       [$92,955,000]

                                       $81,206,365

  BUF 748           $41,981,258       [$40,393,000]

                                       $38,124,926;

[P]provided that the amounts in BUF 741 accounts for amounts that shall be transferred in pursuant to section 96; provided further that unrequired balances may be transferred only to debt service payments (BUF 721‑BUF 728) and health premium payments (BUF 761‑BUF 768); 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.

     (10) By amending section 35 to read as follows:

     "SECTION 35.  Provided that of the general fund appropriations for health premium payments (BUF 761—BUF 768), the following sums specified in fiscal biennium 2011—2013 shall be expended for the state employer's share of health premiums for active employees and retirees only as follows:

Program I.D.       FY 2011—2012       FY 2012—2013

  BUF 761          $187,687,959      [$210,386,311]

                                      $200,743,419

  BUF 765          $236,284,465      [$264,546,608]

                                      $225,126,160

  BUF 768          $ 78,550,089      [$ 88,092,504]

                                      $ 79,482,140;

[P]provided that the amounts in BUF 761 accounts for amounts that shall be transferred in pursuant to section 97; provided further that of the amounts in health premiums payments (BUF 761‑BUF 768) for fiscal year 2011‑2012, $691,402 in BUF 761; $763,427 in BUF 765; and $283,916 in BUF 768 are for costs above the 50/50 contribution for the period of five months from July through November 2011 necessary to implement the United Public Workers Union Unit 1 settlement; provided further that unrequired balances may be transferred only to debt service payments (BUF 721‑BUF 728) and retirement benefits payments (BUF 741‑BUF 748); 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.

     SECTION 6.  Part IV, Act 164, Session Laws of Hawaii 2011, is amended by amending section 36 to read as follows:

     "SECTION 36.  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 7.  Part V, Act 164, Session Laws of Hawaii 2011, is amended:

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

     "SECTION 58.  Any law to the contrary notwithstanding, the appropriations under Act 259, Session Laws of Hawaii 2001, section 91, as amended and renumbered by Act 177, Session Laws of Hawaii 2002, section 5, in the amounts indicated or balances thereof, unallotted, allotted, unencumbered, or encumbered and unrequired, are hereby lapsed:

    "Item No.                     Amount (MOF)

     C-04                       $  927,443 B

     C-05                        2,460,595 B

     C-07B                           2,500 B

     C-08                           88,132 B

     C-11C                          64,878 B

     C-11F                         642,418 B

     C-14                          487,632 B

     C-39                          450,000 B

     C-49                          325,000 B""

     (2) By amending section 59 to read as follows:

     "SECTION 59.  Any law to the contrary notwithstanding, the appropriations under Act 200, Session Laws of Hawaii 2003, section 77, as amended and renumbered by Act 41, Session Laws of Hawaii 2004, section 5, in the amounts indicated or balances thereof, unallotted, allotted, unencumbered, or encumbered and unrequired, are hereby lapsed:

    "Item No.                     Amount (MOF)

     C-01                       $  252,700 B

     C-03                          443,162 B

     C-06                                1 E

     C-07.01                        30,764 B

     C-09.01                       182,080 E

     C-09.02                       306,924 B

     C-13                        1,000,000 B

     C-25                          400,000 B

     C-36                          250,000 B

     C-36                        1,000,000 E

     K-11.01                       319,640 C""

     (3) By amending section 60 to read as follows:

     "SECTION 60.  Any law to the contrary notwithstanding, the appropriations under Act 178, Session Laws of Hawaii 2005, section 85, as amended and renumbered by Act 160, Session Laws of Hawaii 2006, section 5, in the amounts indicated or balances thereof, unallotted, allotted, unencumbered, or encumbered and unrequired, are hereby lapsed:

    "Item No.                     Amount (MOF)

     C-03                         $156,895 B

     C-11                          180,200 B

     C-12                          260,078 B

     C-15                            5,191 B

     C-15                          121,539 X

     C-16                            5,000 B

     C-20                          570,046 X

     C-23                          304,388 B

     C-26                          329,822 B

     C-29                            4,120 B

     C-53                          375,000 B

     C-54                          500,000 B

     C-64                           41,000 D

     C-89                          120,000 E

     C-89                          480,000 N""

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

     "SECTION 61.  Any law to the contrary notwithstanding, the appropriations under Act 213, Session Laws of Hawaii 2007, section 125, as amended and renumbered by Act 158, Session Laws of Hawaii 2008, section 5, in the amounts indicated or balances thereof, unallotted, allotted, unencumbered, or encumbered and unrequired, are hereby lapsed:

    "Item No.                     Amount (MOF)

     C-24                      $   148,948 R

     C-35                        1,500,000 B

     C-36                        3,950,000 B

     C-38.01                    26,525,000 E

     C-41                        1,500,000 B

     C-41                            1,000 N

     C-42                        5,000,000 B

     C-42                            1,000 N

     C-44                          700,000 B

     C-49                          500,000 B

     C-52                          796,000 B

     C-68                           95,000 E

     C-68                          380,000 N""

     (5) By amending section 62 to read as follows:

     "SECTION 62.  Any law to the contrary notwithstanding, the appropriations under Act 162, Session Laws of Hawaii 2009, section 62, as amended and renumbered by Act 180, Session Laws of Hawaii 2010, section 5, in the amounts indicated or balances thereof, unallotted, allotted, unencumbered, or encumbered and unrequired, are hereby lapsed:

    "Item No.                     Amount (MOF)

     A-8.03                   $  1,300,000 C

     C-23                       33,585,000 E

     C-49                      130,200,000 E

     C-53                          300,000 B

     E-6                         3,300,000 C

     G-102                      23,825,000 C

     G-105                       3,000,000 C""

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

     "SECTION 62.1.  Act 200, Session Laws of Hawaii 2003, section 77, as amended by Act 41, Session Laws of Hawaii 2004, section 5, is amended by amending Item C‑74 to read as follows:

"V94  HONOAPIILANI HIGHWAY, REPLACEMENT OR REHABILITATION OR BOTH OF HONOLUA BRIDGE, MAUI

 

DESIGN FOR REPLACEMENT OR REHABILITATION OR BOTH OF A CONCRETE TEE-BEAM BRIDGE ON HONOAPIILANI HIGHWAY IN THE VICINITY OF HONOLUA BAY.  THIS PROJECT IS DEEMED NECESSARY TO QUALIFY FOR FEDERAL AID FINANCING AND/OR REIMBURSEMENT.

LAND                                        750

TOTAL FUNDING          TRN       E     150E

                                     TRN       N     600N""

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

     "SECTION 62.2.  Act 178, Session Laws of Hawaii 2005, section 85, as amended by Act 160, Session Laws of Hawaii 2006, section 5, is amended by amending Item C‑122 to read as follows:

"V094  HONOAPIILANI HIGHWAY, REPLACEMENT OR REHABILITATION OR BOTH OF HONOLUA BRIDGE, MAUI

 

LAND ACQUISITION FOR REPLACEMENT OR REHABILITATION OR BOTH OF A CONCRETE TEE-BEAM BRIDGE ON HONOAPIILANI HIGHWAY IN THE VICINITY OF HONOLUA BAY TO INCLUDE BRIDGE RAILINGS AND OTHER IMPROVEMENTS.  THIS PROJECT IS DEEMED NECESSARY TO QUALIFY FOR FEDERAL AID FINANCING AND/OR REIMBURSEMENT.

LAND                                        600

TOTAL FUNDING          TRN       E     120E

                                     TRN       N     480 N""

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

     "SECTION 64.1.  Act 162, Session Laws of Hawaii 2009, section 62, as amended by Act 180, Session Laws of Hawaii 2010, section 5, is amended by amending Item C-118 to read as follows:

"V097  PUUNENE AVENUE [WIDENING] IMPROVEMENTS, [WAKEA AVENUE ]KAMEHAMEHA AVENUE TO KUIHELANI HIGHWAY, MAUI

 

CONSTRUCTION FOR THE WIDENING OF PUUNENE AVENUE FROM [WAKEA AVENUE ]KAMEHAMEHA AVENUE TO KUIHELANI HIGHWAY FROM TWO TO FOUR LANES, BICYCLE FACILITIES, AND SAFETY IMPROVEMENTS.  THIS PROJECT IS DEEMED NECESSARY TO QUALIFY FOR FEDERAL AID FINANCING AND/OR REIMBURSEMENT.

CONSTRUCTION                              4,000

TOTAL FUNDING          TRN       E     800E

                                     TRN       N   3,200N""

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

     "SECTION 72.1.  Provided that in the event that the authorized appropriations specified for a capital improvement project listed in this Act are insufficient and where the source of funding is designated as 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 or revolving fund responsible for cash or debt service payments for the projects, or transfer unrequired balances from other unlapsed projects in this Act 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 further 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 purposes for which it was established."

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

     "SECTION 72.2.  Provided that in the event that the authorized appropriations specified for a capital improvement project listed in this Act are insufficient and where the source of funding is designated as airport passenger facility charge funds, the governor may make supplemental allotments from the airport revenue fund or airport revenue bond funds, or transfer unrequired balances from other unlapsed projects in this Act or prior appropriation acts that authorized the use of airport passenger facility charge funds; provided further 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 purposes for which it was established; provided further that the governor at the governor's discretion, is authorized to increase the passenger facility charge fund authorization ceiling for the program to accommodate the expenditure of such funds."

     SECTION 8.  Part VII, Act 164, Session Laws of Hawaii 2011, is amended:

     (1) By amending section 96 to read as follows:

     "SECTION 96.  Notwithstanding any provision to the contrary, the director of finance, with the approval of the governor, shall transfer into retirement benefit ‑ state (BUF 741) $88,200,000 for fiscal year 2011‑2012 [and $88,200,000 for fiscal year 2012 ‑ 2013 ]for labor savings attributable to collective bargaining agreements for all bargaining units and pursuant to any executive memoranda that results in salary savings for all employees not included under collective bargaining in respective state agencies; provided further that the governor shall submit a report to the legislature within five days of each transfer that shall include the date of the transfer, the amount of the transfer, the program ID from which funds are transferred, and the collective bargaining unit for which the transfer was made; and provided further that the governor shall submit to the legislature a summary report for all transfers by December 1 for the previous twelve‑month period.

     (2) By amending section 97 to read as follows:

     SECTION 97.  Notwithstanding any provision to the contrary, the director of finance, with the approval of the governor, shall transfer into health premium payments ‑ state (BUF 761) $50,000,000 for fiscal year 2011‑2012[ and $50,000,000 for fiscal year 2012 – 2013]; provided further that in making each transfer, the governor shall consider the legislature's intent that the administration assess state needs and make appropriate reductions to programs that are consistent with an effort to reprioritize state government; provided further that the governor shall submit a report to the legislature within five days of each use of this authority that shall include the date of the assessment, the amount of the assessment, the program ID from which funds were assessed, a detailed explanation of the reason for which funds were transferred from a particular program ID, including a detailed report of any performance measurements or standards used in evaluating such assessment, and the impact to the program ID from which funds are transferred; from and provided further that the governor shall submit to the legislature a summary report for all transfers by December 1 for the previous twelve‑month period.

     SECTION 9.  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 10.  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 11.  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 12.  Nothing in this Act shall affect the validity or continuing effectiveness of any provisions of Act 164, Session Laws of Hawaii 2011, not repealed or modified by this Act.

     SECTION 13.  EFFECTIVE DATE.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________
	BY REQUEST

 

 

Report Title:

State budget.

 

Description:

To adjust and request appropriations for Fiscal Biennium 2011‑13 funding requirements for operations and capital improvement projects of Executive Branch agencies and programs.

 

 

 

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