SCR174

THE SENATE	S.C.R. NO.	174
TWENTY-THIRD LEGISLATURE, 2005
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

REQUESTING THE UNIVERSITY OF HAWAII TO WORK WITH THE LYON ARBORETUM COMMUNITY STEERING COMMITTEE and TO submit a REPORT regarding its EFFORTS TO IMPROVE CONDITIONS AT THE LYON ARBORETUM.

WHEREAS, the University of Hawaii (UH) has been given flexibility over certain areas of responsibility, and Article X, Section 6 of the Hawaii State Constitution, which also states that the Legislature is empowered to "enact laws of statewide concern"; and

WHEREAS, the Legislature recognizes that the Harold L. Lyon Arboretum is a precious and unique botanical and educational resource for the State and nation; and

WHEREAS, in response to Senate Concurrent Resolution 115 passed by the Legislature in 2004, the Auditor completed a report that admonished the University of Hawaii for:

(1) Its failure to fulfill its obligations as a proper steward;

(2) Its neglect to provide supervision that led to the mismanagement of the facility;

(3) Its failure to provide financial support;

(4) Its failure to maintain the facilities that led to the physical deterioration of the facilities; and

(5) Its failure to address and correct the serious safety and compliance problems; and

WHEREAS, in September 2004, the University of Hawaii acknowledged its shortcomings by appointing a task force to address:

(1) The issues raised by the Auditor;

(2) The development of a business plan; and

(3) The clarification of the core missions of the

arboretum and the University; yet

to date, the task force has not completed its report; and

WHEREAS, in February 2005 the Lyon Arboretum Community Steering Committee completed its report on a programmatic plan for the future of Lyon Arboretum; and

WHEREAS, the Legislature has held hearings on the Auditor's 2004 report and the 2005-2007 capital improvement projects and operating budgetary needs; and

WHEREAS, the Legislature is in agreement with testimony urging coordinated and responsible efforts to allow Lyon Arboretum to recover from years of neglect and to grow towards its full potential and responsibility to students, the State, and the scientific community, as well as to future generations; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, the House of Representatives concurring, that the UH Interim President is requested to work with university members and the Lyon Arboretum Community Steering Committee to submit a progress report on its efforts to improve the Arboretum's education and research programs, facilities and grounds; planned and actual use of funds from all sources and accurate record of total Lyon Arboretum income and expenditures; plans to increase non-general fund revenues; progress in hiring a permanent Director; actions to clarify or establish University organizational structure, reporting lines, and partnerships with groups external to the University; progress on developing a physical facilities master plan; and progress in meeting requirements of external agencies, as well as the status of health, safety, and disability access compliance issues; and

BE IT FURTHER RESOLVED that the University of Hawaii submit a progress report to the legislature no later than August 1, 2005, with a final report to follow at least twenty days prior to the Regular Session of 2006; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the President of the University of Hawaii, the Chair of the Board of Regents, and the Chair of the Lyon Arboretum Community Steering Committee.

	OFFERED BY:	_____________________________

Report Title:

UH; LYON ARBORETUM; REPORT