STAND. COM. REP. NO. 657

 

Honolulu, Hawaii

                

 

RE:    S.B. No. 835

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

 

Sir:

 

     Your Committee on Ways and Means, to which was referred S.B. No. 835 entitled:

 

"A BILL FOR AN ACT RELATING TO GENERAL FUND BUDGET APPROPRIATIONS FOR THE UNIVERSITY OF HAWAII,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to repeal statutory language relating to the Legislature's annual general fund budget appropriation to the University of Hawaii.

 

     More specifically, the measure repeals section 304A-2101(a), Hawaii Revised Statutes, which provides that the appropriation amount shall be three to five times the university's estimated regular tuition and related fee revenues for that fiscal year.

 

     Your Committee received written comments in opposition to this measure from the University of Hawaii and one individual.

 

     Your Committee believes that the language of section 304A‑2101(a), Hawaii Revised Statutes, merely provides guidance or an expression of intent from a previous Legislature to future Legislatures and thus does not require the current Legislature to appropriate funds to the University of Hawaii in any specific amount.  This belief is based upon the well-established principle of constitutional law that a legislature may not enact a law that binds the exercise of legislative power by a subsequent legislature.  Accordingly, your Committee finds that this statutory provision is ineffective, serves no meaningful purpose, and should be repealed to clarify the appropriation process and prevent potential future confusion.

 

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 835 and recommends that it pass Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

 

 

 

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DONOVAN M. DELA CRUZ, Chair