HOUSE OF REPRESENTATIVES
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII
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 declares that maximizing the University of Hawaii's use of state funds is a matter of statewide concern.
The legislature finds that organized research units were created in the University of Hawaii system to foster research activities that would increase extramural income to the State and enhance the reputation of the University nationally and internationally. While those goals have been accomplished, it has become increasingly apparent that organized research units are not economically sustainable as stand-alone units and that significant disparities exist with respect to expectations for faculty in organized research units relative to instructional faculty in the University of Hawaii system. The legislature also finds that most universities require research faculty to cover a portion of their salaries with extramural funds that are received from the award of grants or contracts.
The legislature further finds that requiring the University of Hawaii's organized research units to use both direct and indirect moneys from grants and contracts to pay for personnel costs helps to maximize the impact of state moneys. Organized research units include the institute for astronomy, University of Hawaii cancer center, Hawaii institute of geophysics and planetology, Hawaii institute of marine biology, Hawaii natural energy institute, Pacific biosciences research center, water resources research center, sea grant college program, center on aging, and the John A. Burns school of medicine. For the purposes of this Act, the Lyon arboretum and the Waikiki aquarium are excluded.
The purpose of this Act is to require the board of regents to make decisions with respect to funding requirements for organized research units of the University of Hawaii and to report to the legislature regarding its decisions.
SECTION 2. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new subpart to part IV to be appropriately designated and to read as follows:
" . organized research units
§304A- Organized research units; definitions. For the purposes of this subpart:
"Extramural funds" means moneys received through grants or contracts.
"Organized research unit" means an extra-departmental administrative structure, approved and established pursuant to policies adopted by the board of regents and the president of the University of Hawaii, that:
(1) Provides a locus for faculty, staff, and students to engage in focused, collaborative research and training activities;
(2) Exists at a school or college level; and
(3) Is supported in part by the organized research budget of the University of Hawaii at Manoa.
"Research faculty" means faculty members of an organized research unit who:
(1) Conduct research;
(2) Do not instruct students; and
(3) Are classified as "R" faculty.
"State moneys" means all moneys authorized by the legislature and appropriated to the University of Hawaii, including legislative appropriations, general funds, general obligation bond moneys, special fund moneys, allocations of tobacco settlement moneys, and allocations of tax revenues. "State moneys" does not include moneys in or transferred from the University of Hawaii tuition and fees special fund.
§304A- Organized research units; funding. (a) For the board of regents to consider the continued operations of an organized research unit, the organized research unit shall be primarily funded through the receipt of extramural funds and moneys transferred from the University of Hawaii research and training revolving fund; provided that the ratio of:
(1) The sum of annual expenditures of extramural funds and moneys transferred from the University of Hawaii research and training revolving fund by the organized research unit; to
(2) The sum of annual expenditures of state moneys, excluding the University of Hawaii research and training revolving fund,
shall be equal to or greater than five-to-one within three years following the effective date of this Act. After achieving this ratio, an organized research unit shall maintain the ratio.
(b) Prior to establishing an organized research unit, the board of regents shall review the proposed financial plan for the organized research unit. If the proposed financial plan does not project that the ratio set forth in subsection (a) will be met within three years, the board of regents may take further action as it deems necessary.
(c) In order to achieve the ratio set forth in subsection (a), the University of Hawaii may consider imposing any of the following conditions:
(1) State moneys may only cover the percentage of a faculty member's salary equal to the teaching load performed by the faculty member;
(2) State moneys may only cover the salary for a faculty member's time not covered by the amount of effort reported on federal grants and contracts;
(3) Salaries of faculty members in permanent positions may be capped using the salary cap established by the National Institutes of Health as Executive Level II;
(4) The workload of a permanent faculty member may be governed by the requirements of the contract between the University of Hawaii and the exclusive representative of bargaining unit (7) regarding workload for instructional faculty; or
(5) A faculty member's salary may be funded as follows:
(A) During the first year of employment, one hundred per cent of the salary may be funded by state moneys;
(B) During the second year of employment, fifty per cent of the salary may be funded by state moneys; and
(C) During the third year of employment and thereafter, twenty-five per cent of the salary may be funded by state moneys.
(d) Any organized research unit of the University of Hawaii that does not meet the requirements of this section shall be reported to the board of regents for review.
The board of regents shall submit a report to the legislature regarding any organized research unit that does not meet the requirements of this section, including an explanation of why the organized research unit does not meet the requirements of this section and what steps, if any, will be taken by the organized research unit to meet the requirements of this section.
The board of regents shall submit the report to the legislature not later than twenty days prior to the convening of the next regular session.
§304A- Reports to legislature. The board of regents shall submit a report on all organized research units to the legislature not later than twenty days prior to the convening of each regular session. The report shall include the following:
(1) The amount of funding received by each organized research unit, including a breakdown of the sources of funding;
(2) A list of faculty members, including research staff, attached to each organized research unit that identifies:
(A) Faculty members who are research staff who only conduct research;
(B) Faculty members who only instruct students; and
(C) Faculty members who conduct research and instruct students;
(3) A comprehensive plan for all organized research units to achieve the funding requirements set forth in this subpart;
(4) An itemization of the total operating costs of each organized research unit, including:
(A) Research faculty, staff, and student personnel costs, as well as information on grants and contracts awarded;
(B) Administrative costs;
(C) Philanthropic funds and their uses;
(D) An itemization of the pro rata share of administrative costs in support of the operation of each organized research unit, including but not limited to costs incurred by the office of the vice president for research and innovation, office of the vice chancellor for research, office of research services, and office of research compliance; and
(E) Building operational costs; and
(5) An itemization of the sources of funding for each faculty member, including research staff, attached to each organized research unit."
SECTION 3. This Act shall take effect on July 1, 2525.
University of Hawaii; Organized Research Units; Funding; Report
Requires the Board of Regents to decide program and salary funding requirements for organized research units of the University of Hawaii and report to the Legislature. (HB1625 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.