[§304A-2153]  University of Hawaii tuition
and fees special fund.  (a)  There is established the University of Hawaii
tuition and fees special fund into which shall be deposited all revenue
collected by the university for regular, summer, and continuing education
credit tuition, tuition-related course and fee charges, and any other charges
to students, except as provided by law.  Moneys deposited into the fund shall
be expended to maintain or improve the university's programs and operations and
shall not be:



(1)  Used as a justification for reducing any budget
request or allotment to the university unless the university requests such a
reduction;



(2)  Transferred unless otherwise authorized by the
legislature; and



(3)  Restricted by the governor or the director of
finance without the prior approval of the legislature.



Any rule, policy, or action of any agency or
individual in contravention of this subsection shall be void as against public
policy.



(b)  Any law to the contrary notwithstanding,
the board of regents may authorize expenditures of up to $3,000,000 annually,
excluding in-kind services, from this fund for the purposes of promoting alumni
relations and generating private donations for deposit into the University of
Hawaii Foundation for the purposes of the university.  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.  The university shall
submit a comprehensive report to the legislature 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 the total expenditures of each department
identified in paragraph (1) by primary expense categories;



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



(5)  Provide a financial summary of the operating
activities of the University of Hawaii Foundation, including revenues and
expenditures by major reporting categories; and



(6)  Identify amounts and purposes of all expenditures
from the University of Hawaii support fund.



(c)  Any law to the contrary notwithstanding, the
university may transfer funds from the University of Hawaii tuition and fees
special fund into the scholarship and assistance special fund established
pursuant to section [304A-2159]. [L 2006, c 75, pt of §2]