Bill Text: HI SB589 | 2021 | Regular Session | Amended
Bill Title: Relating To The University Of Hawaii.
Spectrum: Strong Partisan Bill (Democrat 13-1)
Status: (Passed) 2021-07-21 - Act 008, 2021 Special Session, on 07-20-21 (Gov. Msg. No. 2). [SB589 Detail]
Download: Hawaii-2021-SB589-Amended.html
|
THE SENATE |
S.B. NO. |
589 |
|
THIRTY-FIRST LEGISLATURE, 2021 |
S.D. 2 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO THE UNIVERSITY OF HAWAII.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The University of Hawaii cancer center (UH cancer center) reduces the burden of cancer through research, education, patient care, and community outreach. The UH cancer center is the only National Cancer Institute (NCI)-designated cancer center in Hawaii and the Pacific region. UH cancer center is a member of the Hawaii Cancer Consortium along with five hospital groups and the University of Hawaii's John A. Burns school of medicine (JABSOM).
JABSOM educates and trains health care professionals, including physicians, biomedical scientists, and allied health workers. JABSOM also conducts fundamental medical research and translates discoveries into delivery practices. Because JABSOM is a community-based medical school without its own university hospital, it partners with private hospitals in the community to achieve its educational mission.
The public funds and other resources the State has made available to JABSOM and the UH cancer center have been substantial. The magnitude of state funds and other resources provided to the University of Hawaii, the distinction of the university being the sole public institution of higher education in the State, and the UH cancer center being the only NCI-designated cancer center in Hawaii underscore the importance of establishing complementary strategic priorities and coordinating the management and deployment of state resources appropriated to JABSOM and UH cancer center.
It is in the public's interest that State resources be efficiently and effectively managed to optimize the public benefits. Just as co-locating the physical facilities for JABSOM and UH cancer center on adjoining sites in Kakaako promotes synergistic efforts, the legislature determines that it is a statewide concern to ensure that the management of public resources provided to JABSOM and UH cancer center be integrated, coordinated, and focused on common priorities to avoid unnecessary duplication of administrative expenses or conflicting priorities.
Placing resources devoted to training and educating physicians and conducting cancer research in an integrated university organizational structure as opposed to stand-alone and duplicative organizations will foster a uniform strategic vision. Unified leadership will also allow better coordination with the University of Hawaii's private partners in the hospital community and with other state agencies.
The legislature finds that as a matter of statewide concern, the UH cancer center should be more closely affiliated with JABSOM and be administered as an organized research unit of JABSOM. Merging JABSOM and the UH cancer center's administrative services and infrastructure teams will offer efficiency by eliminating redundancy and sharing administrative expertise and experience to reduce processing delays.
The
legislature notes that several outstanding medical schools at other
universities integrate their cancer research programs closely with their
medical schools. For example, the Washington
University School of Medicine in St. Louis is the parent institution to the
Siteman Cancer Center. The Siteman Cancer
Center is designated as a comprehensive cancer center and holds an "exceptional"
rating from the NCI. The MD Anderson Cancer
Center in Houston, Texas is a comprehensive cancer center and operates in close
affiliation with the McGovern Medical School as part of the University of Texas
Health Science Center at Houston.
The
legislature also notes that from 2014 to 2016, the University of Hawaii developed
business plans, hired consultants, and made presentations to its board of regents
on the university's plans to integrate the University of Hawaii Kakaako health science
campus and eliminate operational redundancies between JABSOM and the UH cancer center.
Further, the University of Hawaii frequently
groups different organized research units within a larger administrative
structure. For example, the school of ocean
and earth science and technology encompasses several outstanding research
units, including the center for microbial oceanography: research and education and
Hawaii institute of marine biology.
To
maintain the NCI designation as a cancer center consistent with NCI guidelines,
the director of the UH cancer center shall continue to have a direct line of
reporting and accountability to the provost of the University of Hawaii at Manoa
and shall also have a dual reporting line to the dean of JABSOM.
Accordingly, the purpose of this Act is to require:
(1) The director of UH cancer center to be appointed by University of Hawaii's board of regents upon recommendation from the provost of the University of Hawaii at Manoa instead of the dean of JABSOM;
(2) The UH cancer center to be administratively affiliated with JABSOM;
(3) The director of UH cancer center to report to the provost of the University of Hawaii at Manoa and the dean of the school of medicine and coordinate with the president of the university;
(4) Funds expended from or originating from the University of Hawaii tuition and fees special fund established by section 304A-2153, Hawaii Revised Statutes, for JABSOM or UH cancer center to be used for educational purposes only; and
(5) Funds expended from or originating from the research and training revolving fund established by section 304A-2253, Hawaii Revised Statues, for JABSOM or UH cancer center to be used for research and research-related purposes only.
SECTION 2. Chapter 304A, part IV, Hawaii Revised Statutes, is amended by adding a new subpart to be appropriately designated and to read as follows:
" . Cancer Research Center of Hawaii
§304A- Cancer research center of Hawaii. (a)
There is established an organized
research unit, hereinafter known as the "cancer research center of Hawaii",
to conduct cancer research. The cancer research
center of Hawaii shall be administered by a director to be appointed by the board
of regents upon recommendation by the provost of the University of Hawaii at Manoa
with the concurrence by the president of the university. The cancer research center
of Hawaii shall be affiliated with the John A. Burns school of medicine;
provided that the director of the cancer research center of Hawaii shall report
to the provost of the University of Hawaii at Manoa and the dean of the school of
medicine and coordinate with the president of the university.
(b) Notwithstanding any other law to the contrary, funds expended from or originating from the University of Hawaii tuition and fees special fund, established under section 304A‑2153, for the school of medicine or the cancer research center of Hawaii shall be used by the school of medicine or the cancer research center of Hawaii for educational purposes only.
(c) Notwithstanding any other law to the contrary, funds expended from or originating from the research and training revolving fund, established under section 304A-2253, for the school of medicine or the cancer research center of Hawaii shall be used by the school of medicine or the cancer research center of Hawaii for research and research-related purposes only.
(d) The cancer research center of Hawaii's research agenda shall focus on research, education, patient care, and community outreach and should reflect an understanding of the ethnic, cultural, and environmental characteristics of the State and the Pacific region. The cancer research center of Hawaii may:
(1) Engage in international research collaborations;
(2) Undertake research studies and clinical trials; and
(3) Participate in projects and programs of the National Cancer Institute."
SECTION 3. Section 304A-2153, Hawaii Revised Statutes, is amended to read as follows:
"§304A-2153 University of Hawaii tuition and fees special fund. (a) There is established the University of Hawaii tuition and fees special fund into which shall be deposited all revenue collected by the university for regular, summer, and continuing education credit tuition, tuition-related course and fee charges, and any other charges to students, except as provided by law. Moneys deposited into the fund shall be expended to maintain or improve the university's programs and operations and shall not be:
(1) Used as a justification for reducing any budget request or allotment to the university unless the university requests such a reduction;
(2) Transferred unless otherwise authorized by the legislature; and
(3) Restricted by the governor or the director of finance without the prior approval of the legislature.
Any rule, policy, or action of any agency or individual in contravention of this subsection shall be void as against public policy.
(b) Any law to the contrary notwithstanding, the board of regents may authorize expenditures of up to $3,000,000 annually, excluding in-kind services, from this fund for the purposes of promoting alumni relations and generating private donations for deposit into the University of Hawaii Foundation for the purposes of the university. Any expenditure authorized pursuant to this subsection shall be for a public purpose and shall not be subject to chapters 42F, 103, 103D, and 103F. The university shall submit a comprehensive report to the legislature detailing the use of any funds authorized by the board under this subsection no later than twenty days prior to the convening of each regular session.
The report shall:
(1) Identify each department of the University of Hawaii Foundation supported by moneys from the fund;
(2) Describe the purposes and activities of each department identified in paragraph (1) and how it participates in fundraising activities and benefits the university;
(3) Provide the total expenditures of each department identified in paragraph (1) by primary expense categories;
(4) Identify all moneys from the fund transferred to any fund of the university and provide a justification of how these moneys are used to benefit the university;
(5) Provide a financial summary of the operating activities of the University of Hawaii Foundation, including revenues and expenditures by major reporting categories; and
(6) Identify amounts and purposes of all expenditures from the University of Hawaii support fund.
(c) Any law to the contrary notwithstanding, the university may transfer funds from the University of Hawaii tuition and fees special fund into the scholarship and assistance special fund established pursuant to section 304A‑2159.
(d) In estimating its quarterly budget requirements, each campus of the University of Hawaii shall prepare a plan for the fiscal year for the operation of each of the programs that it is responsible for administering. The operations plan shall be:
(1) In such form and content as the vice president for budget and finance and chief financial officer of the University of Hawaii may prescribe; and
(2) Submitted,
together with the estimated quarterly budget requirements, to the vice
president for budget and finance and chief financial officer on [such] a
date [as] that the vice president for budget and finance and
chief financial officer may prescribe.
(e) The president and vice president for budget and finance and chief financial officer of the University of Hawaii:
(1) Shall review the operations plan for each campus to determine if:
(A) It is consistent with the
policy decisions of the board of regents and appropriations by the legislature;
(B) It reflects proper planning and efficient management methods; and
(C) Appropriations have been made for the planned purpose and will not be exhausted before the end of the fiscal year;
(2) Shall approve the operations plan for each campus if they determine that the operations plan meets the requirements of paragraph (1); and
(3) May modify or withhold the planned expenditures of any campus at any time during the appropriations period.
(f) At the end of each fiscal year, the moneys in the University of Hawaii tuition and fees special fund for each campus shall lapse to the credit of program identification number UOH900 (University of Hawaii, system wide support).
(g) Notwithstanding any other law to the contrary, funds expended from or originating from this fund for the University of Hawaii school of medicine or the cancer research center of Hawaii shall be used by the school of medicine or the cancer research center of Hawaii for educational purposes only."
SECTION 4. Section 304A-2253, Hawaii Revised Statutes, is amended to read as follows:
"§304A-2253 Research and training revolving fund. (a) There is established a University of Hawaii research and training revolving fund into which shall be deposited one hundred per cent of the total amount of indirect overhead revenues generated by the university from research and training programs. The board of regents is authorized to expend one hundred per cent of the revenues deposited in the fund for:
(1) Research and training purposes that may result in additional research and training grants and contracts;
(2) Facilitating research and training at the university; and
(3) Further deposit into the discoveries and inventions special fund.
(b) The annual report required to be made for this revolving fund shall include but not be limited to a breakdown of travel expenses.
(c) Notwithstanding section 304A-107 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.
(d) Revenues deposited into the fund shall not be used as a basis for reducing any current or future budget request or allotment to the university unless the university requests such a reduction.
(e) Notwithstanding any other law to the contrary, funds expended from or originating from this fund for the University of Hawaii school of medicine or the cancer research center of Hawaii shall be used by the school of medicine or the cancer research center of Hawaii for research and research-related purposes only."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2050.
Report Title:
UH; Cancer Research; Special Funds
Description:
Establishes the cancer research center of Hawaii as an organized research unit of the University of Hawaii that conducts cancer research and that shall be administered by a director appointed by the board of regents. Requires the cancer research center of Hawaii to be affiliated with the John A. Burns school of medicine with direct lines of reporting to the provost of University of Hawaii at Manoa and the dean of John A. Burns school of medicine. Requires funds expended from the tuition and fees special fund for the John A. Burns school of medicine or cancer research center of Hawaii to be used for educational purposes only. Requires funds expended from the research and training revolving fund for the John A. Burns school of medicine and cancer research center of Hawaii to be used for research and research-related purposes only. Effective 7/1/2050. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
