Report Title:

UH Foundation; Reports

Description:

Specifies elements required of the University of Hawaii Foundation's annual report to the legislature. Places an annual cap of $2,000,000 on moneys transferred from the UH Tuition and Fees Special Fund to the UH Foundation (SB3013 HD1).

THE SENATE

S.B. NO.

3013

TWENTY-SECOND LEGISLATURE, 2004

S.D. 2

STATE OF HAWAII

H.D. 1


 

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 finds that greater cooperation from the University of Hawaii is necessary to ensure the integrity of audits pertaining to University of Hawaii contracts.

The purpose of this Act is to facilitate the auditor's access to information from the University of Hawaii Foundation with due regard to the privacy concerns of donors.

SECTION 2. Section 304-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

(a) The board of regents shall be the receiving agent for, and may receive, manage, and invest, moneys or other property, real, personal, or mixed, which may be given, bequeathed, devised, or in any manner received from sources other than the legislature or any federal appropriation for the purpose of the university, its improvement or adornment, or the aid or advantage of students or faculty, and in general act as trustee on behalf of the university for any of such purposes or objects.

SECTION 3. Section 304-16.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Any law to the contrary notwithstanding, the board of regents may authorize expenditures of up to $2,000,000 annually, including in-kind services, from this fund for the [purpose] purposes of generating private donations for deposit into the University of Hawaii Foundation for the purposes of the university[.], promoting alumni activities, and enabling the University of Hawaii Foundation to maintain stewardship over state moneys under the foundation's control. 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[.]; provided that any expenditure authorized pursuant to this subsection shall be subject to chapter 23; and provided further that with regard to the privacy rights of private donors, the auditor shall be subject to the same restrictions on disclosure of records as the University of Hawaii Foundation; and provided further that upon written request from a private donor, the auditor shall not disclose the name or personal information of the private donor, subject to section 23-7.

The university shall submit a comprehensive report to the legislature [every regular session] 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 all expenditures of each department identified in paragraph (1), including the primary expense categories; and

(4) Identify all moneys transferred to any fund of the university and provide a justification of how these moneys are used to benefit the university."

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, 2010.