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

(1)  Used as a justification for reducing any budgetrequest or allotment to the university unless the university requests such areduction;

(2)  Transferred unless otherwise authorized by thelegislature; and

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

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

(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 alumnirelations and generating private donations for deposit into the University ofHawaii Foundation for the purposes of the university.  Any expenditureauthorized pursuant to this subsection shall be for a public purpose and shallnot be subject to chapters 42F, 103, 103D, and 103F.  The university shallsubmit a comprehensive report to the legislature detailing the use of any fundsauthorized by the board under this subsection no later than twenty days priorto the convening of each regular session.

The report shall:

(1)  Identify each department of the University ofHawaii Foundation supported by moneys from the fund;

(2)  Describe the purposes and activities of eachdepartment identified in paragraph (1) and how it participates in fundraisingactivities and benefits the university;

(3)  Provide the total expenditures of each departmentidentified in paragraph (1) by primary expense categories;

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

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

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

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