THE SENATE

S.B. NO.

139

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO UNIVERSITY OF HAWAII RULEMAKING.

 

 

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

 


SECTION 1. The legislature finds that under the framework established by chapter 91, Hawaii Revised Statutes, a state agency is allowed to issue policy concerning its internal management without having to follow various requirements for adopting administrative rules, such as public notice, public hearing, and gubernatorial approval. The legislature further finds that the board of regents for the University of Hawaii must conduct its business at an open public meeting under the framework established by chapter 92, Hawaii Revised Statutes. Currently, there is a lack of consistency between the use of chapter 91 procedures and chapter 92 procedures for matters internal to the University of Hawaii.

The public will have opportunities to observe the board of regents and comment on proposed changes to policies through the open public meeting requirement of chapter 92, Hawaii Revised Statutes.

The purpose of this Act is to allow the board of regents for the University of Hawaii to use the "open meeting" process under chapter 92 rather than the "rule making" process under chapter 91 for matters internal to the university.

SECTION 2. Section 304A-105, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The board of regents shall have management and control of the general affairs, and exclusive jurisdiction over the internal structure, management, and operation of the university. The board may:

(1) Appoint a treasurer and other officers as it deems necessary;

(2) Authorize any officer, elected or appointed by it, to approve and sign on its behalf any voucher or other document that the board may approve and sign;

(3) Delegate to the president or the president's designee the authority to render the final decision in contested case proceedings subject to chapter 91, as it deems appropriate;

(4) Purchase or otherwise acquire lands, buildings, appliances, and other property for the purposes of the university; and

(5) Expend any sums of money as, from time to time, may be

placed at the disposal of the university from whatever source; provided that notwithstanding any other law to the contrary, all documents regarding expenditures and changes thereto, made by the board shall be disclosed in open meetings for the purpose of public comment; provided further that all expenditure requests, proposals, and any other budgetary documents used by the board at an open meeting shall be made available to the public at least six calendar days before the meeting.

All lands, buildings, appliances, and other property so purchased or acquired shall be and remain the property of the university to be used in perpetuity for the benefit of the university. The board, in accordance with this section and other law, shall manage the inventory, equipment, surplus property, and expenditures of the university and[, subject to chapter 91, may adopt rules, further] at an open public meeting subject to chapter 92 may adopt policies controlling and regulating the same."

SECTION 3. Section 304A-402, Hawaii Revised Statutes, is amended to read as follows:

"[[]304A-402[]] Residence for tuition purposes[; basic rule]. The board of regents shall adopt the [necessary rules] policies defining residence for tuition purposes [herein;] at an open meeting subject to chapter 92; provided that the basic [rule] principle shall be that a student shall qualify for the resident tuition fee at the university only if the following criteria are met:

(1) The adult student, or in the case of a minor student, the student's parents or guardians, has or have been a bona fide resident of this State for at least twelve consecutive months next preceding the student's first day of officially scheduled instruction for any semester or term in which the student is enrolling at the particular college or campus; and

(2) The adult or minor student has not been claimed as a dependent for tax purposes for at least twelve months next preceding the student's first day of officially scheduled instruction for any semester or term in which the student is enrolling at the particular college or campus by the student's parents or guardians who are nonresidents of the State; provided that this provision shall not apply in cases where the parent claiming the student as a dependent is entitled to do so under a child support order or agreement issued or entered into in conjunction with a divorce proceeding or legal separation agreement and the other parent and the student meet the criteria set forth in paragraph (1)."

SECTION 4. Section 304A-604, Hawaii Revised Statutes, is amended to read as follows:

"[[]304A-604[]] [Rules] Policies governing state higher education loan fund. The board of regents shall [have the power, in accordance with chapter 91, to] adopt [rules] policies necessary for the administration of the state higher education loan fund[.] at an open meeting subject to chapter 92. The state higher education loan fund is limited to students at the University of Hawaii or the community colleges who have met the eligibility requirements under section 304A-601."

SECTION 5. Section 304A-2160, Hawaii Revised Statutes, is amended to read as follows:

"[[]304A-2160[]] State higher education loan fund. There is established a special fund to be known as the state higher education loan fund. The fund shall be a revolving fund and all interest and payments received on account of principal shall be credited to the fund. The fund shall be administered by the board of regents and shall be disbursed to needy students that meet eligibility requirements under section [[]304A-601[]] pursuant to [rules] policies adopted by the board[.] at an open public meeting subject to the requirements of chapter 92."

SECTION 6. Section 304A-2601, Hawaii Revised Statutes, is amended to read as follows:

"[[]304A-2601[]] Parking; control by board of regents. (a) The board of regents may make [rules] policies governing the traffic and parking conditions on the roadways and other areas under the jurisdiction of the university.

(b) The board may:

(1) Assess fees for parking, including parking on roadways and in the parking areas under the jurisdiction of the university; provided that the fees shall be adopted at an open public meeting subject to chapter 92; and

(2) Install parking meters on roadways and in parking areas[; and].

[(3) Make rules relating to the assessments of fees for parking and the installation of parking meters. The rules shall be adopted pursuant to chapter 91.]

The fees shall be deposited in the university parking revolving fund established under section [[]304A-2275[]].

(c) For the purposes of this subpart, parking facilities shall be considered university projects, and the board shall possess all powers conferred by [[]subpart D[]]."

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

University of Hawaii; Rulemaking; Open Public Meetings; Adoption of Policy

 

Description:

Substitutes the rulemaking requirements of Chapter 91, HRS, for the adoption of certain University of Hawaii policies with the open public meeting requirements of chapter 92, HRS.

 

 

 

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