Bill Text: HI SB963 | 2014 | Regular Session | Introduced
Bill Title: University of Hawaii; Tuition and Fees Special Fund; Repeal ($)
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [SB963 Detail]
Download: Hawaii-2014-SB963-Introduced.html
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THE SENATE |
S.B. NO. |
963 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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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. The legislature declares that the University of Hawaii's prudent fiscal management of public funds from all revenue sources is a matter of statewide concern and, therefore, subject to the legislature's jurisdiction pursuant to Article X, section 6 of the Constitution of the State of Hawaii.
SECTION 2. Section 304A-2003, Hawaii Revised Statutes, is amended to read as follows:
"[[]§304A-2003[]] Appropriations;
accounts; depositories. Moneys appropriated by the legislature for the
university shall be payable by the director of finance, upon vouchers approved
by the board of regents or by any officer elected or appointed by the board
under section 304A‑105 and authorized by the board to approve such
vouchers on behalf of the board. All moneys received by or on behalf of the
board or the university shall be deposited with the director of finance; except
that any moneys received from the federal government or from private
contributions shall be deposited and accounted for in accordance with
conditions established by the agencies or persons from whom the moneys are
received and except that, with the concurrence of the director of finance,
moneys received from the federal government for research, training, and other
related purposes of a transitory nature and moneys in trust, special, or
revolving funds administered by the university may be deposited in depositories
other than the state treasury; provided that the university informs the
director of finance of the depositories in which moneys from the funds have
been deposited and submits copies of annual statements from each of the
depositories in which the moneys from the funds are deposited. All income from
tuition and fees charged for regular courses of instruction and tuition related
course and fee charges against students shall be deposited to the [credit of
the University of Hawaii tuition and fees special fund pursuant to section [304A-2153].]
general fund. Income from university projects as defined and described
in section [[]304A‑2167.5[]] and sections [[]304A-2671[]]
to [[]304A-2684[]], may be credited to special or other
funds."
SECTION 3. Section 304A-2101, Hawaii Revised Statutes, is amended to read as follows:
"[[]§304A-2101[]] General
fund budget appropriations; formulation. (a) The general fund budget
appropriations for the university shall be an amount not less than three times
and not greater than five times the amount of regular tuition and related fee
revenues estimated for that fiscal year.
(b) Any general fund budget appropriation for the university for operating purposes for any fiscal year shall include the consideration of:
(1) The fiscal condition of the State;
(2) Enrollment;
(3) Access to educational opportunity;
(4) The mix of resident and nonresident students; and
(5) Community service and noninstruction programs.
[(c) No revenue received by the university
pursuant to the University of Hawaii tuition and fees special fund established
under section [304A-2153] may be used by the governor or the director of
finance as a justification for reducing any budget request or allotment to the
university unless the university requests such a reduction.]"
SECTION 4. Section 304A-2159, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Revenues deposited into this fund
shall include, but not be limited to, state, federal, and private
funds, [funds transferred by the university from the tuition and fees
special fund pursuant to section [304A-2153],] and appropriations for the
state scholars program; provided that state funds appropriated for any
scholarship program, including but not limited to the B Plus scholarship
program, the Hawaii state scholars program, and the workforce development
scholarship program, shall be kept in a separate and distinct account."
SECTION 5. Section 304A-2162, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(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)] (2) 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."
SECTION 6. Section 304A-2251, Hawaii Revised Statutes, is amended to read as follows:
"§304A-2251 University of Hawaii
commercial enterprises revolving fund. There is established the University
of Hawaii commercial enterprises revolving fund into which shall be deposited
all revenues derived from the operation of commercial enterprises by university
programs. Revenues deposited into this fund may be expended by the university
for all costs and expenses associated with the operation of the enterprises,
including hiring personnel, renovating commercial space, and purchasing
merchandise, supplies, and equipment, without regard to chapters 76, 78, 89,
103, and 103D. Any law to the contrary notwithstanding, the university may
transfer all funds at its disposal, with the exception of general funds [and
University of Hawaii tuition and fees special fund moneys], into the
revolving fund to finance the establishment of new commercial enterprises;
except that no more than ten per cent of the tuition and fees special fund
moneys may be loaned to the revolving fund to finance the establishment of new
commercial enterprises. Revenues not expended as provided in this section may
be transferred to other university funds to be expended for the general benefit
of the university."
SECTION 7. Section 304A-2153, Hawaii Revised Statutes, is repealed.
["[§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]."]
SECTION 8. 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 2013-2014 and the same sum or so much thereof as may be necessary for fiscal year 2014-2015 to maintain or improve the university's programs and operations, promote alumni relations, and generate private donations for the general benefit of the University of Hawaii.
The sums appropriated shall be expended by the University of Hawaii for the purposes of this Act.
SECTION 9. Moneys unencumbered and on balance in the University of Hawaii tuition and fees special fund on the effective date of this Act shall lapse to the credit of the general fund.
SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 11. This Act shall take effect on July 1, 2013.
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INTRODUCED BY: |
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Report Title:
University of Hawaii; Tuition and Fees Special Fund; Repeal
Description:
Repeals the UH tuition and fees special fund. Lapses moneys to the general fund. Appropriates moneys to UH.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
