Bill Text: HI SB2905 | 2014 | Regular Session | Amended

---

Bill Title: UH; Budget; Program Execution; UH-West Oahu; Sale or Gift of Land; Asian Americans and Pacific Islanders; Appropriation; Revenue Bonds ($)

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2014-04-25 - Conference committee meeting to reconvene on 04-25-14 at 5:00pm in conference room 329. [SB2905 Detail]

Download: Hawaii-2014-SB2905-Amended.html

---

THE SENATE	S.B. NO.	2905
TWENTY-SEVENTH LEGISLATURE, 2014		S.D. 1
STATE OF HAWAII		H.D. 2

A BILL FOR AN ACT

 

 

RELATING TO THE UNIVERSITY OF HAWAII.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

Part I

     SECTION 1.  Section 37-74, Hawaii Revised Statutes, is amended by amending subsections (c) to (d) to read as follows:

     "(c)  The department of budget and finance shall:

     (1)  Review each operations plan to determine:

         (A)  That it is consistent with the policy decisions of the governor and appropriations by the legislature;

         (B)  That it reflects proper planning and efficient management methods; and

         (C)  That appropriations have been made for the planned purpose and will not be exhausted before the end of the fiscal year;

          [provided that the department of budget and finance shall review the operations plan submitted by the University of Hawaii solely for consistency with the allotment ceilings established by the governor under section 37-34, appropriations by the legislature, the requirements of chapter 37D, and the status of revenues to support operations plans for all state programs;]

     (2)  Approve the operations plan if satisfied that it meets the requirements under paragraph (1).  Otherwise, the department of budget and finance shall require revision of the operations plan in whole or in part; and

     (3)  Modify or withhold the planned expenditures at any time during the appropriation period if the department of budget and finance finds that the expenditures are greater than those necessary to execute the programs at the level authorized by the governor and the legislature, or that state receipts and surpluses will be insufficient to meet the authorized expenditure levels[; provided that the planned expenditures for the University of Hawaii may be modified or withheld only in accordance with sections 37-36 and 37-37].

     (d)  No appropriation transfers or changes between programs or agencies shall be made without legislative authorization; provided that:

     (1)  Authorized transfers or changes, when made, shall be reported to the legislature;

     (2)  Except [with respect to appropriations to fund financing agreements under chapter 37D, the University of Hawaii shall have the flexibility to transfer appropriated funds and positions for the operating cost category among programs, among cost elements in a program, and between quarters, as applicable; except] with respect to appropriations to fund financing agreements under chapter 37D, the department of education shall have the flexibility to transfer appropriated funds and positions for the operating cost category among programs and among cost elements in a program, and between quarters, as applicable; and the Hawaii health systems corporation and its regional system boards shall have the flexibility to transfer special fund appropriations among regional system hospital facilities as applicable and as mutually agreed to by the corporation and the respective regional system board; provided that the Hawaii health systems corporation and the regional system boards shall maintain the integrity and services of each individual regional system and shall not transfer appropriations out of any regional system that would result in a reduction of services offered by the regional system, with due regard for statutory requirements, changing conditions, the needs of the programs, and the effective utilization of resources; and

     (3)  The [university and the] department of education shall account for each transfer implemented under this subsection in quarterly reports to the governor and annual reports at the end of each fiscal year to the legislature and the governor, which shall be prepared in the form and manner prescribed by the governor and shall include information on the sources and uses of the transfer."

Part II

     SECTION 2.  The University of Hawaii acquired lands for the University of Hawaii at West Oahu through a land exchange approved in Act 294, Session Laws of Hawaii 1996.  Subsequently, the University of Hawaii at West Oahu campus has grown and continues to grow according to the university's long-range development plans.  However, the legislature finds that there remains significant acreage that could be used for revenue-generating purposes to support the University of Hawaii at West Oahu.  As such, the legislature further finds that the disposition of such lands is an issue of statewide concern.

     Accordingly, the purpose of this part is to prohibit the sale or gift of the University of Hawaii at West Oahu land acquired pursuant to Act 294, Session Laws of Hawaii 1996, without the prior consent of the legislature.

     SECTION 3.  Section 304A-2166, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The following shall be deposited into the special fund:

     (1)  Appropriations by the legislature to the special fund;

     (2)  All net proceeds from the sale of public lands, all net rents from leases, licenses, and permits, or all net proceeds derived from development rights for public lands:

         (A)  Proposed for large lot subdivision as a five hundred acre parcel and designated as Lot 10077 in Land Court Application 1069; and

         (B)  Obtained from the Campbell Estate in the land exchange described in section 2 of Act 294, Session Laws of Hawaii 1996, located mauka of the H-1 Freeway and consisting of nine hundred forty-one acres, more or less; [and]

          provided that notwithstanding section 304A-105 to the contrary, no sale of fee simple lands that are described in this paragraph, including land sold for roads and streets, or gift of fee simple lands that are described in this paragraph, to the extent the gift is otherwise permitted by law, shall occur without the prior approval of the sale or gift by the legislature by concurrent resolution to be adopted by at least a two-thirds majority vote of both houses; and

(3)  Interest earned or accrued on moneys in the special fund."

     SECTION 4.  Section 304A-2274, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is established the University of Hawaii real property and facilities use revolving fund into which shall be deposited all revenues collected by the university for the use of university real property and facilities, except as otherwise provided by law.  The board of regents may establish prices, fees, and charges, including those for the sale, lease, or use of university real property and facilities, which include land, buildings, grounds, furnishings, and equipment; provided that the university shall comply with all statutory and common law requirements in the disposition of ceded lands[.] and those lands described in section 304A-2166(b)(2).  The board of regents shall be exempt from the public notice and public hearing requirements of chapter 91 in establishing and amending the fees and charges.  The university may establish separate accounts within the revolving fund for major program activities.  Funds deposited into the revolving fund accounts shall be expended to pay the costs of operating university facilities, including maintenance, administrative expenses, salaries, wages, and benefits of employees, contractor services, supplies, security, furnishings, equipment, janitorial services, insurance, utilities, and other operational expenses.  Revenues not expended as provided in this section may be transferred to other university funds to be invested or expended for the administrative or overhead costs of the university.  All expenditures from this revolving fund shall be subject to legislative appropriation."

Part III

     SECTION 5.  The legislature finds that the National Association of Student Personnel Administrators' book, Asian Americans and Pacific Islanders in Higher Education: Research and Perspectives on Identity, Leadership, and Success, published in 2012, documents the growth, diversity, and underrepresentation in various levels of education among Asian Americans and Pacific Islanders.  The book has received local and national recognition for identifying issues and policies that must be addressed by researchers, universities, and state and federal policy makers.  In particular, there is a need for research to address the underrepresentation of Asian Americans and Pacific Islanders in institutions of higher education.

     The purpose of this part is to:

     (1)  Fund five part-time graduate assistant and student employee (2.5 FTE) positions in the office of student equity, excellence, and diversity at the University of Hawaii at Manoa to conduct and disseminate research relating to Asian American and Pacific Islander students in higher education; and

     (2)  Provide direct services to undergraduate and graduate students interested in diversity careers in student affairs and higher education.

     SECTION 6.  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 2014-2015 to:

     (1)  Fund five part-time graduate student assistant and student employee (2.5 FTE) positions in the office of student equity, excellence, and diversity at the University of Hawaii at Manoa to conduct and disseminate research relating to Asian American and Pacific Islander students in higher education; and

     (2)  Provide direct services to undergraduate and graduate students interested in diversity careers relating to student affairs and higher education.

     The sum appropriated shall be expended by the University of Hawaii for the purposes of this part.

Part IV

     SECTION 7.  Section 304A-2603, Hawaii Revised Statutes, is repealed.

     ["[§304A-2603]  Revenue bonds.  The board of regents is authorized to issue sufficient amounts of revenue bonds pursuant to [subpart D] for the purpose of providing adequate parking structures or other facilities."]

     SECTION 8.  Chapter 304A, part VI, subpart D, Hawaii Revised Statutes, is repealed.

PART V

     SECTION 9.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 10.  This Act shall take effect on July 1, 2030.

 

 

Report Title:

UH; Budget; Program Execution; UH-West Oahu; Sale or Gift of Land; Asian Americans and Pacific Islanders; Appropriation; Revenue Bonds

 

Description:

Removes program execution exceptions provisions that are specific to the UH.  Prohibits the sale or gift of land currently being used for the permanent campus of the UH-West Oahu without the prior consent of the Legislature.  Appropriates moneys to fund positions in SEED, and to provide direct services relating to student affairs and higher education.  Repeals the authority of UH to issue revenue bonds.  (SB2905 HD2)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.