THE SENATE	S.B. NO.	835
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

Relating to general fund budget appropriations for the university of hawaii.

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

SECTION 1. The legislature finds that section 304A‑2101(a), Hawaii Revised Statutes, states, "[t]he 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."

The legislature further finds that, like many other provisions of law facially requiring that a particular amount or range of funds be appropriated, the language of section 304A‑2101(a), Hawaii Revised Statutes, does not mandate the current legislature to appropriate funds of any amount because one legislature may not bind a successor legislature. The legislature therefore concludes that the language in section 304A-2101(a), Hawaii Revised Statutes, merely provides guidance or an expression of intent from a previous legislature to the current legislature regarding the general fund appropriation to the University of Hawaii. Accordingly, to clarify the appropriation process and to prevent future confusion, the provision should be repealed.

The purpose of this Act is to repeal the provision providing guidance on the legislature's appropriation to the University of Hawaii.

SECTION 2. Section 304A-2101, Hawaii Revised Statutes, is amended to read as follows:

"[[]§304A-2101[]] General fund budget [appropriations;] appropriation 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)] (a) 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)] (b) 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 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2023.

INTRODUCED BY:

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Report Title:

UH; General Fund Budget Appropriation

Description:

Repeals the requirement that the annual general fund budget appropriation for the University of Hawaii shall be 3 to 5 times the estimated regular tuition and related fee revenues for that year.

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