Bill Text: HI HB545 | 2016 | Regular Session | Introduced
Bill Title: Non-General Funds; Transfer; Appropriation ($)
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2016-06-23 - Act 119, 06/22/2016 (Gov. Msg. No. 1220). [HB545 Detail]
Download: Hawaii-2016-HB545-Introduced.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
545 |
TWENTY-EIGHTH LEGISLATURE, 2015 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to funds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. The purpose of this part is to repeal the University of Hawaii community services special fund.
The legislature finds that the fund does not meet the criteria for a special fund and should be repealed.
SECTION 2. Section 304A-2156, Hawaii Revised Statutes, is repealed.
["[§304A-2156]
University of Hawaii community services special fund. (a) There is
established the University of Hawaii community services special fund. Except
as otherwise provided by law, all revenues, including interest, derived and
collected from the university's provision of public service programs shall be
deposited into the University of Hawaii community services special fund. The
university may establish and collect fees and charges for public service
programs. All revenues deposited into the University of Hawaii community
services special fund shall be used exclusively for the costs of providing
public service programs. The university may establish accounts under the
community services special fund to facilitate the administration of this fund
among the various campuses and operating units of the University of Hawaii
system. All expenditures from this fund shall be subject to legislative
appropriation.
(b)
As used in this section, "public service programs" means:
(1) Noncredit educational programs in
professional development and training, personal growth, and cultural
enrichment; and
(2) Cooperative extension and consultative
services."]
PART II
SECTION 3. The purpose of this part is to repeal the Hawaii educator loan program special fund.
The legislature finds that the fund does not meet the requirements for a special fund and should be repealed.
SECTION 4. Section 304A-701, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:
"(g) In accordance with chapter 103D, the university may enter into
written contracts with collection agencies for the purpose of collecting
delinquent loans. All payments collected, exclusive of a collection agency's
commissions, shall revert, and be credited, to the [Hawaii educator loan
program special fund.] general fund. A collection agency
that enters into a written contract with the university for the collection of
delinquent loans pursuant to this section may collect a commission from the
debtor in accordance with the terms of, and up to the amounts authorized in,
the written contract."
SECTION 5. Section 304A-703, Hawaii Revised Statutes, is amended to read as follows:
"[[]§304A-703[]]
Capacity of minors in qualifying for Hawaii educator loans. Any student
otherwise qualifying for a loan under the Hawaii educator loan program [special
fund] shall not be disqualified because the student is under the age of
eighteen years, and for the purpose of applying for, receiving, and repaying
the loan, any [such] person shall be deemed to have full legal capacity
to act and shall have all rights, powers, privileges, and obligations of an
adult with respect thereto."
SECTION 6. Section 304A-704, Hawaii Revised Statutes, is amended to read as follows:
"[[]§304A-704[]]
Rules governing Hawaii educator loan program [special fund]. The
university may adopt rules to implement the Hawaii educator loan program. The
rules shall be adopted pursuant to chapter 91, but shall be exempt from
the public notice and public hearing requirements."
SECTION 7. Section 304A-2161, Hawaii Revised Statutes, is repealed.
["[§304A-2161]
Hawaii educator loan program special fund. There is established the
Hawaii educator loan program special fund, for the purpose of providing loans
pursuant to section [304A-701]. The following may be deposited into the special
fund: appropriations made by the legislature, private contributions, repayment
of loans, including interest and payments received on account of principal, and
moneys from other sources; provided that:
(1) Moneys on balance in the special fund
at the close of each fiscal year shall remain in that fund and shall not lapse
to the credit of the general fund; and
(2) An amount from the special fund not
exceeding five per cent of the total amount of outstanding loans may be set by
the university to be used for administrative expenses incurred in administering
the special fund."]
PART III
SECTION 8. The purpose of this part is to repeal the community colleges special fund.
The legislature finds that the fund does not meet the criteria for a special fund and should be repealed.
SECTION 9. Section 304A-2162, Hawaii Revised Statutes, is repealed.
["[§304A-2162]
Community colleges special fund. (a) Section [304A-2003]
notwithstanding, there is established a community colleges special fund to
receive, disburse, and account for funds of programs and activities of the
community colleges, including but not limited to off-campus programs, summer
session programs, overseas programs, evening sessions, study abroad, exchange programs,
cultural enrichment programs, and consultative services that help make
available the resources of the community colleges to the communities they
serve.
(b)
The special fund may include deposits from:
(1) The University of Hawaii tuition and
fees special fund established in section [304A-2153];
[(2) Tuition, fees, and charges for
affiliated instructional, training, and public service courses and programs;
and
[(3) Fees, fines, and other money collected
for:
(A) Student health;
(B) Transcript and diploma;
(C) Library;
(D) Facility use;
(E) Child care;
(F) Auxiliary enterprises;
(G) Alumni; and
(H) Other related activities."]
PART IV
SECTION 10. The purpose of this part is to repeal the Hawaii medical education special fund.
The legislature finds that the fund no longer serves the purpose for which it was created, does not meet the criteria for a special fund, and should be repealed.
SECTION 11. Section 304A-1702, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
"[(b) The program shall be funded with moneys received for
graduate medical education and deposited into the Hawaii medical education
special fund established under section [304A-2164].]
[(c)]
(b) All funding for the graduate medical education program shall be
nonlapsing.
(d) Program moneys shall only be expended if:
(1) Approved by the medical education council; and
(2) Used for graduate medical education in accordance
with sections [[]304A-1704[]] and [[]304A-1705[]]."
SECTION 12. Section 304A-2164, Hawaii Revised Statutes, is repealed.
["[§304A-2164]
Hawaii medical education special fund. There is established a
Hawaii medical education special fund, into which shall be deposited all funds
received by the medical education council, including:
(1) Moneys from the federal Centers for
Medicaid and Medicare Services or other federal agencies;
(2) State appropriations; and
(3) Grants, contracts, donations, or
private contributions.
The fund shall be administered
by the university. Moneys deposited in the fund shall be expended by the
university for the purposes of the graduate medical education program
established under section [304A-1702]."]
PART V
SECTION 13. The purpose of this part is to repeal the discoveries and inventions special fund.
The legislature finds that the fund does not meet the criteria for a special fund and should be repealed.
SECTION 14. Section 304A-2253, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c)
Notwithstanding [sections] section 304A-107 [and [304A-2174]]
to the contrary, the board of regents or its designee, may establish a separate
account within the research and training revolving fund for the purpose of
providing advance funding to meet reimbursable costs incurred in connection
with federally financed research and training projects. Any reimbursement
received as a result of providing advance funding shall be deposited into the
research and training revolving fund to be used for the purpose of meeting
reimbursable costs incurred in connection with federally financed projects."
SECTION 15. Section 304A-2174, Hawaii Revised Statutes, is repealed.
["[§304A-2174]
Discoveries and inventions special fund. There is established a
discoveries and inventions special fund into which shall be deposited a portion
of the total indirect overhead funds generated by the university for research
and training purposes in the prior fiscal year, as determined by the board of
regents. Appropriations by the legislature subject to the approval of the
governor, proceeds from the commercial exploitation of inventions and
intellectual property developed at the university, gifts, donations, fees
collected, and grants from public agencies and private persons may also be
deposited into the special fund for the purposes of supporting innovation and
research commercialization and the patenting, copyrighting, licensing, and
marketing of discoveries, inventions, and technologies developed at the
university. The special fund shall be used to develop technologies that have
potential commercial value, support the administration of technology transfer
activities, and facilitate economic development through education and research
undertaken at the university."]
PART VI
SECTION 16. The purpose of this part is to repeal the University of Hawaii alumni special fund.
The legislature finds that the fund no longer serves the purpose for which it was created and should be repealed.
SECTION 17. Section 304A-2175, Hawaii Revised Statutes, is repealed.
["[§304A-2175]
University of Hawaii alumni special fund. There is established the
University of Hawaii alumni special fund into which shall be deposited funds
and proceeds received by the university from alumni activities and donations
from alumni. Funds deposited into this special fund may be expended by the
university for all costs associated with conducting alumni affairs, activities,
and programs for the university system, including but not limited to expenses
for honoraria, hotel and room rentals, food and refreshment, printing and
mailing, banners and signs, plaques and awards, airfare and per diem, leis,
rental of audiovisual, musical, and stage equipment, and activity supplies and
materials, without regard to statutory competitive bidding requirements."]
PART VII
SECTION 18. The purpose of this part is to repeal the animal research farm, Waialee, Oahu special fund.
The legislature finds that the fund no longer serves its original purpose, does not meet the criteria for a special fund, and should be repealed.
SECTION 19. Section 304A-2177, Hawaii Revised Statutes, is repealed.
["[§304A-2177]
Animal research farm, Waialee, Oahu special fund. There is
established the animal research farm, Waialee, Oahu special fund for the animal
research farm, Waialee, Oahu, operated by the college of tropical agriculture
and human resources of the University of Hawaii, into which shall be deposited
the receipts from fees realized from the sale of livestock, services, and
supplies. Funds deposited into this special fund shall be expended for animal
research, and services and supplies related thereto."]
PART VIII
SECTION 20. The purpose of this part is to repeal the professional student exchange program special.
The legislature finds that the fund is inactive and should be repealed.
SECTION 21. Section 304A-2179, Hawaii Revised Statutes, is repealed.
["[§304A-2179] Professional student exchange program special fund. (a)
There is established a professional student exchange program special fund to be
administered and expended by the Hawaii commission.
(b)
The following moneys shall be deposited into the special fund:
(1) Principal and interest payments
received as repayment of financial support from former or current participants
of the professional student exchange program, pursuant to section 304A‑3209;
and
(2) Interest earned or accrued on moneys in
the special fund.
(c)
Moneys in the special fund shall be expended to:
(1) Support the professional student
exchange program's activities, including the provision of financial support to
participants at Western Interstate Commission for Higher Education receiver
institutions; and
(2) Enforce the collection of delinquent
obligations."]
PART IX
SECTION 22. The purpose of this part is to repeal the center for labor education and research revolving fund.
The legislature finds that the revolving fund is not necessary. It has had a relatively low balance and minimal recent activity.
SECTION 23. Section 304A-2267, Hawaii Revised Statutes, is repealed.
["[§304A-2267]
Center for labor education and research revolving fund. There is
established the center for labor education and research revolving fund, for use
by the director of the center for labor education and research with the approval
of the chancellor or vice chancellor of the University of Hawaii, West Oahu
campus, in carrying out the purposes of the center. All fees, charges, and
other moneys collected in conjunction with the operations of the center for
labor education and research shall be deposited in the revolving fund. Such
amounts shall be expended from the fund by the director of the center for labor
education and research as may be necessary to defray the cost of operating the
center for labor education and research, excluding compensation of the
permanent staff, but including contractual obligation, rentals, and such other
program costs as approved by the chancellor or vice chancellor, West Oahu
campus."]
PART X
SECTION 24. The purpose of this part is to repeal the career and technical training projects revolving fund for the University of Hawaii at Hilo.
The legislature finds that the revolving fund is not necessary.
SECTION 25. Section 304A-2268, Hawaii Revised Statutes, is repealed.
["[§304A-2268]
Career and technical training projects revolving fund; University of Hawaii at
Hilo. There is established the career and technical training
projects revolving fund for the career and technical training projects of the
community colleges and the University of Hawaii at Hilo into which shall be
deposited the receipts from fees for services, supplies, and use of equipment
provided by or in connection with these projects. Funds deposited in this
account shall be expended for vocational and technical training projects, and supplies,
equipment, and services related thereto."]
PART XI
SECTION 26. The purpose of this part is to repeal the conference center revolving fund for the conference center program in the college of continuing education and community service of the University of Hawaii at Hilo.
The legislature finds that the fund does not serve its original purpose, experiences minimal activity, and should be repealed.
SECTION 27. Section 304A-2272, Hawaii Revised Statutes, is repealed.
["[§304A-2272]
Conference center revolving fund; University of Hawaii at Hilo.
There is established the conference center revolving fund for the conference
center program in the college of continuing education and community service of
the University of Hawaii at Hilo. All fees, charges, and other moneys
collected in conjunction with the conference center program shall be deposited
in the revolving fund. The dean of the college of continuing education and
community service is authorized to expend funds from the revolving fund for all
costs associated with conducting conferences, seminars, and courses by the
conference center program, including but not limited to expenses for honoraria,
hotel and room rentals, food and refreshment, printing and mailing, airfare and
per diem, leis, rental of audiovisual equipment, and conference supplies and
materials."]
PART XII
SECTION 28. The purpose of this part is to repeal the Senator Hiram L. Fong scholarship program endowment trust fund.
The legislature finds that the fund does not serve the purpose for which it was created and should be repealed.
SECTION 29. Section 304A-2353, Hawaii Revised Statutes, is repealed.
["[§304A-2353] The Senator Hiram L. Fong
scholarship program; endowment trust. (a) There is established the Senator Hiram L. Fong
scholarship program to be administered by the university with proceeds from an
endowment trust that shall receive its initial funding by an appropriation out
of the general revenues of the State. The program shall provide financial
support to students enrolled at any campus of the university.
(b)
Awards shall be granted annually to one female student and one male student
who:
(1) Are
graduates of a public high school in the State;
(2) Are
upperclassmen at the university;
(3) Submit
winning essays to the board of regents on the senator's contributions to
Hawaii;
(4) Have a
demonstrated commitment to local community issues, as shown by volunteer work
and participation in community organizations; and
(5) Have a
demonstrated interest and knowledge of the history of immigration to Hawaii.
(c)
The amount to be awarded to a student shall be determined by the board of
regents with due regard to the total amount of funds available for the
program. The award that a student receives under this program may be used to:
(1) Pay for
the costs of tuition and fees for a single academic year;
(2) Pay for
the costs of textbooks and other instructional materials for a single academic
year;
(3) Pay for
the costs of room and board at a dormitory or apartment maintained by the
university for a single academic year; or
(4) Defray
the difference between student need, as determined by the Free Application for
Federal Student Aid, and the total cost of attendance for a single academic
year.
(d)
The board of regents shall adopt rules to implement the Senator Hiram L. Fong
scholarship program. The rules shall be adopted pursuant to chapter 91 but
shall be exempt from the public notice and public hearing requirements.
(e)
The scholarship program shall be funded with proceeds from an endowment trust
established with initial funding by an appropriation out of the general
revenues of the State and shall be administered by the board of regents for the
purposes of supporting the Senator Hiram L. Fong scholarship program."]
PART XIII
SECTION 30. The purpose of this part is to repeal the Senator Oren E. Long scholarship program endowment trust.
The legislature finds that the fund does not serve the purpose for which it was created and should be repealed.
SECTION 31. Section 304A-2354, Hawaii Revised Statutes, is repealed.
["[§304A-2354] The Senator Oren E. Long
scholarship program; endowment trust. (a) There is established the Senator Oren E. Long
scholarship program to be administered by the university with proceeds from an
endowment trust that shall receive its initial funding by an appropriation out
of the general revenues of the State. The program shall provide financial
support to students enrolled at any campus of the university.
(b)
Awards shall be granted annually to one female student and one male student
who:
(1) Are
graduates of a public high school in the State;
(2) Are
upperclassmen at the university; and
(3) Submit
winning essays to the board of regents on the senator's contributions to
Hawaii.
(c)
The amount to be awarded to a student shall be determined by the board of
regents with due regard to the total amount of funds available for the
program. The award that a student receives under this program may be used to:
(1) Pay for
the costs of tuition and fees for a single academic year;
(2) Pay for
the costs of textbooks and other instructional materials for a single academic
year;
(3) Pay for
the costs of room and board at a dormitory or apartment maintained by the
university for a single academic year; or
(4) Defray
the difference between student need, as determined by the Free Application for
Federal Student Aid, and the total cost of attendance for a single academic
year.
(d)
The board of regents shall adopt rules to implement the Senator Oren E. Long
scholarship program. The rules shall be adopted pursuant to chapter 91 but
shall be exempt from the public notice and public hearing requirements.
(e)
The scholarship program shall be funded with proceeds from an endowment trust
established with initial funding by an appropriation out of the general
revenues of the State and shall be administered by the board of regents for the
purposes of supporting the Senator Oren E. Long scholarship program."]
PART XIV
SECTION 32. The purpose of this part is to repeal the Hawaii health corps revolving fund.
The legislature finds that the fund is inactive and should be repealed.
SECTION 33. Section 309H-6, Hawaii Revised Statutes, is repealed.
["[§309H-6] Hawaii health corps revolving
fund. (a) There is established in the
treasury of the State the Hawaii health corps revolving fund, which shall be
administered by the University of Hawaii John A. Burns school of medicine and
the University of Hawaii at Manoa school of nursing and dental hygiene, and into
which shall be deposited:
(1) Any funds appropriated by the
legislature for the Hawaii rural health care provider loan repayment program;
(2) Gifts, donations, and grants from
public agencies and private persons;
(3) Reimbursements of loan repayments under
the Hawaii rural health care provider loan repayment program;
(4) Proceeds of the operations of the
Hawaii health corps program; and
(5) Interest earned or accrued on moneys
deposited into the fund.
(b)
The University of Hawaii John A. Burns school of medicine and the University of
Hawaii at Manoa school of nursing and dental hygiene may expend moneys from the
fund for the purposes of this chapter, including the operational expenses of
the Hawaii health corps program."]
PART XV
SECTION 34. The following funds are abolished:
(1) The hurricane Iniki insurance proceeds special fund administratively established in 1993 and administered by the University of Hawaii;
(2) The agency fund trust account administratively established prior to July 1985 and administered by the University of Hawaii; and
(3) The University of Hawaii Okinawa program trust fund administratively established in 1968 and administered by the University of Hawaii,
and any unencumbered balances remaining shall lapse to the credit of the general fund.
PART XVI
SECTION 35. The unrestricted quasi-endowment income and scholarship revolving fund administered by the University of Hawaii is abolished and on July 1, 2015, all unencumbered balances shall be disbursed by the board of regents according to its policies. Any unencumbered balance remaining thereafter shall lapse to the credit of the general fund.
PART XVII
SECTION 36. On July 1, 2015, all unencumbered balances remaining in the accounts and funds repealed by this Act shall lapse to the credit of the general fund.
PART XVIII
SECTION 37. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 38. This Act shall take effect on July 1, 2015.
INTRODUCED BY: |
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Report Title:
University of Hawaii; Non-General Funds; Repeal; Transfer of Balances
Description:
Repeals various non-general funds and accounts and transfers the unencumbered balances to the general fund. Makes conforming amendments.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.