STAND. COM. REP. NO. 151

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 Higher Education, 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 the requirement that the annual general fund budget appropriation for the University of Hawaii shall be three to five times the estimated regular tuition and related fee revenues for that year.

Your Committee received testimony in opposition to this measure from the University of Hawaiʻi System.

Your Committee finds that under existing law, the Legislature is mandated to appropriate from the general fund three to five times the amount of regular tuition and related fee revenues estimated for that fiscal year for the University of Hawaii's budget. However, according to information previously submitted by the Department of the Attorney General to the Legislature, this law is unconstitutional, since one Legislature may not bind a successor Legislature with regard to the expenditure of funds. The existing statute 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. To clarify the appropriation process and prevent confusion over the Legislature's obligations, this measure repeals the existing statutory provision governing the Legislature's appropriations to the University of Hawaii unenforceable which the Department of the Attorney General has advised to be for constitutional reasons.

As affirmed by the record of votes of the members of your Committee on Higher Education 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 Second Reading and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Higher Education,

________________________________

DONNA MERCADO KIM, Chair