University of Hawaii

Allows the Hawaiian Language College to contract in the Hawaiian
language when contracting directly with providers.  Also repeals
language prohibiting the use of general funds for the Hawaiian
Language College.

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The legislature finds that the Hawaiian language
 2 college was established at the University of Hawaii at Hilo in
 3 1997 to serve as a focal point for the revitalization of the
 4 Hawaiian language.  As can be expected, questions were raised
 5 about this new college during its beginnings.  However, since
 6 then the commitment of the faculty and the progress made by the
 7 college have demonstrated its viability and relevance to the
 8 community.
 9      One of the problems faced by the Hawaiian language college
10 is the prohibition from using general funds for its operations.
11 The college has proven that it can be a relevant part of the
12 university and that it can make meaningful contributions to the
13 community, so this prohibition should be repealed.
14      Another problem is that the college is required by statute
15 to contract with the research corporation of the University of
16 Hawaii (RCUH) for research and training activities that cannot be
17 provided by state agencies.  Since the Hawaiian language college
18 has decided to conduct its business in the Hawaiian language, it
19 is difficult to do business with RCUH, which is set up to operate
20 in the English language.  It should be noted that the Hawaiian

Page 2                                                     967
                                     H.B. NO.           H.D. 1

 1 language is one of the two official languages of the State (the
 2 other being English).  An exception should be made to allow the
 3 college to contract directly with providers.
 4      Allowing the Hawaiian language college to be funded with
 5 general funds and allowing it to contract directly with providers
 6 will enable it to expand and operate more efficiently.
 7      SECTION 2.  Section 304-10.5, Hawaii Revised Statutes, is
 8 amended by amending subsection (a) to read as follows:
 9      "(a)  Notwithstanding any law to the contrary, when the
10 university determines that neither the university nor another
11 state agency can more effectively or efficiently accomplish the
12 purposes of the sponsored research and training activities, the
13 university [shall] may contract with the [Research Corporation]
14 research corporation of the University of Hawaii established
15 under chapter 307 to provide management and other services as
16 described in subsection (b) to support the university's research
17 and training activities[.], except that, when conducting business
18 in the Hawaiian language, the college of Hawaiian language may
19 contract directly with providers.  Contracts by the university
20 with the research corporation pursuant to this section shall be
21 limited to sponsored research and training projects, except that
22 university projects supported by state-appropriated funds may
23 also be contracted to the research corporation pursuant to rules

Page 3                                                     967
                                     H.B. NO.           H.D. 1

 1 adopted by the university."
 2      SECTION 3.  Section 5 of Act 315, Session Laws of Hawaii
 3 1997, is amended to read as follows:
 4      "SECTION 5.  [Notwithstanding any law to the contrary,
 5 general funds shall not be appropriated to fund the continuation
 6 of the Hawaiian language college at the University of Hawaii at
 7 Hilo if initial funds are deemed inadequate or become
 8 unavailable.]  The University of Hawaii shall continue to work
 9 with the office of Hawaiian affairs, the federal government, and
10 'Aha Punana Leo, Inc., to establish additional funding for the
11 needs of the college."
12      SECTION 4.  Statutory material to be repealed is bracketed.
13 New statutory material is underscored.
14      SECTION 5.  This Act shall take effect upon its approval.