CONFERENCE COMMITTEE REP. 120
Honolulu, Hawaii
, 2003
RE: S.B. No. 576
H.D. 2
C.D. 1
Honorable Robert Bunda
President of the Senate
Twenty-Second State Legislature
Regular Session of 2003
State of Hawaii
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2003
State of Hawaii
Sir:
Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 576, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO THE UNIVERSITY OF HAWAII,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this measure, as received by your Committee, is to authorize expenditures from the University of Hawaii (UH) tuition and fees special fund to promote alumni activities and generate private donations to the UH Foundation, and require an annual report to the Legislature of such expenditures.
Your Committee on Conference finds that concerns have been raised regarding the use of public funds by the UH to generate donations to the UH Foundation, a nonprofit organization that coordinates many fundraising functions and manages an endowment for the UH. Your Committee on Conference further finds that the efforts of the UH Foundation are critical to the UH's ability to generate funds and operate effectively.
However, your Committee on Conference believes that it is necessary to ensure that there is a balance between providing increasing fiscal autonomy to the UH and accountability to the public for expenditure of public funds. While your Committee on Conference recognizes the importance of the UH seeking private contributions, if public funds are used, the public has the right to know how the funds were expended.
Thus, upon further consideration, your Committee on Conference has amended this measure by:
(1) Requiring that expenditures from this fund for purposes of generating private donations be subject to the provisions of chapter 42F, Hawaii Revised Statutes, related to providing access to legislative staff and the state auditor to expenditure records and other related documents;
(2) Requiring that the state auditor be subject to the same restrictions on disclosure of donor information as is the University of Hawaii foundation;
(3) Providing that the state auditor, upon written request of a private donor not disclose the name or personal information of the donor; and
(4) Requiring the submission of a report to the Legislature no later than thirty days prior to the convening of each regular session containing information about how the UH foundation is supported by public funds, the purposes and activities of the UH Foundation and their benefits to the UH, all expenditures of the UH foundation, and all moneys transferred to the university support fund and how such transfers benefit the UH.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 576, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 576, H.D. 2, C.D. 1.
Respectfully submitted on behalf of the managers:
|
ON THE PART OF THE HOUSE |
ON THE PART OF THE SENATE |
|
____________________________ K. MARK TAKAI, Co-Chair |
____________________________ NORMAN SAKAMOTO, Co-Chair |
|
|
____________________________ GLENN WAKAI, Co-Chair |
____________________________ BRIAN T. TANIGUCHI, Co-Chair |
|