Bill Text: HI SB757 | 2018 | Regular Session | Amended
Bill Title: Relating To The University Of Hawaii.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-03-08 - Referred to HED, LMG, FIN, referral sheet 35 [SB757 Detail]
Download: Hawaii-2018-SB757-Amended.html
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THE SENATE |
S.B. NO. |
757 |
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TWENTY-NINTH LEGISLATURE, 2017 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE UNIVERSITY OF HAWAII.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. (a) The auditor shall conduct a financial audit of the University of Hawaii's activities related to Mauna Kea. The audit shall include an examination of the financial records and an analysis of the financial management of the University of Hawaii's activities related to Mauna Kea, limited to the following:
(1) The University of Hawaii system, including but not limited to the legal affairs and university general counsel office of the University of Hawaii system for any expenditures related to Mauna Kea;
(2) The University of Hawaii institute for astronomy;
(3) The research corporation of the University of Hawaii;
(4) The office of Mauna Kea management, including but not limited to permits issued by the office to commercial tour operators to conduct tours on Mauna Kea and all revenues generated from those tours since 2005;
(5) The Mauna Kea observatories, including but not limited to patents, commercial property, and intellectual rights;
(6) Mauna Kea observatories support services;
(7) The Mauna Kea visitor information station;
(8) All financial expenditures from the University of Hawaii research and training revolving fund as it relates to Mauna Kea;
(9) All contracts or professional services used for but not limited to:
(A) The Mauna Kea comprehensive management plan;
(B) Creating, implementing, and evaluating the comprehensive management plan; and
(C) Environmental impact studies conducted since 2010;
(10) Whether and to what extent the University of Hawai‘i has meaningfully calculated the cost of implementing, in a timely and ongoing manner, the Mauna Kea comprehensive management plan and its subplans;
(11) Whether and to what extent the University of Hawai‘i has sought to identify revenue sources and ensure sufficient funding and other resources to implement the Mauna Kea comprehensive management plan and its subplans in a timely manner;
(12) Whether and to what extent the University of Hawai‘i has worked to establish and implement policies for leases, subleases, and permits, including through the proportional capture of the monetized value of benefits realized by lessees, sublessees, and permittees, to generate sufficient revenues to implement the Mauna Kea comprehensive management plan and its subplans and to ensure that trust benefits flow equally to all beneficiaries of the public trust;
(13) Whether and to what extent the University of Hawai‘i has sought to ensure a transparent and fair negotiation process for telescope subleases and commercial permittees that allows for meaningful public review and input into the proposed use of public trust resources on Mauna Kea;
(14) The value of the opportunity costs, including the value of foregone revenue-generating opportunities, as well as the value of natural and cultural resources damaged, substantial bodily injury and death, and property damage, that can be reasonably attributed to the failure of the University of Hawai‘i to adequately balance observatory development with its public trust obligations; and
(15) A comprehensive breakdown of where the University of Hawai‘i has obtained funding for its activities relating to Mauna Kea, including a list of internal funding sources, and how the University of Hawai‘i has specifically expended such funding and dedicated other resources on activities relating to Mauna Kea, including but not limited to litigation, sublease solicitation and negotiation, other personnel and contractor costs, and the implementation of specific action items in the Mauna Kea comprehensive management plan and its subplans.
(b) The state auditor shall have all the powers established pursuant to chapter 23, Hawaii Revised Statutes, including the power to subpoena any related licenses, grants, commercial activities, patents, intellectual property, and astronomical observation time at the University of Hawaii related to Mauna Kea, and anyone who has a financial interest in Mauna Kea permitted by state law.
SECTION 2. The auditor shall submit a report of its findings and any recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2020.
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2018-2019 for the auditor to conduct a financial audit of the University of Hawaii's activities related to Mauna Kea pursuant to this Act.
The sum appropriated shall be expended by the office of the auditor for the purposes of this Act.
SECTION 4. This Act shall take effect on July 1, 2018.
Report Title:
University of Hawaii; Mauna Kea; Audit; Appropriation
Description:
Requires the auditor to conduct a financial audit of the University of Hawaii's activities related to Mauna Kea. Requires the auditor to submit a report to the legislature. Appropriates funds. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
