reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 18. Education › 302H. Hawaiian Language Medium Education › 302H-2 Attendance and eligibility.

§302H-2 Attendance and eligibility.
All children of compulsory school age choosing to enroll in the Hawaiian language medium program in families of fluent Hawaiian-speaking persons may be given preference for admittance. Other persons may enroll at the discretion of individual school sites under the conditions described above and in compliance with applicable state and federal laws. All students and their families shall abide by the special rules of the program with respect to family participation. [L 2004, c 133, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302H. Hawaiian Language Medium Education › 302H-3 Office of Hawaiian language medium education; personnel.

§302H-3 Office of Hawaiian language medium education; personnel.
The department of education may create a separate office of Hawaiian language medium education for the direction and control of the program. The department may employ necessary personnel qualified by training and experience to direct and supervise the types of instruction and special services specified in this chapter. Publicly funded institutions of higher education may create teacher preparation programs to ensure that pre-service training is provided to students interested in teaching elementary and secondary students in the Hawaiian language. [L 2004, c 133, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302H. Hawaiian Language Medium Education › 302H-4 Facilities or transportation.

§302H-4 Facilities or transportation.
When fifteen or more qualified children in any one departmental school district wish to enroll in the Hawaiian language medium education program, the superintendent of education may provide facilities for a Hawaiian language medium education program or provide transportation to the nearest schooling site providing the program, including a charter school site or laboratory school site. [L 2004, c 133, pt of §2]
Law Journals and Reviews
"Officially" What? The Legal Rights and Implications of `ÅŒlelo Hawai`i. 30 UH L. Rev. 243 (2007).
2023 Hawaii Revised Statutes › Title 18. Education › 302H. Hawaiian Language Medium Education › 302H-6 Hawaiian language medium state education agency; districts and complex areas.

§302H-6 Hawaiian language medium state education agency; districts and complex areas.
The department of education may establish a Hawaiian language medium state education agency with the capability of operating districts and complex areas on an equal basis with any other districts and complex areas of the department. The Hawaiian language medium state education agency shall encompass the entire State, may administer schools consisting of geographically noncontiguous classes, boarding schools, charter schools, or cyber schools and may share facilities, administration, programs, resources, and funding with other public, charter, and private schools and colleges as appropriate. All schools and programs taught through the medium of the Hawaiian language shall be included in the Hawaiian language medium state education agency. [L 2004, c 133, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302H. Hawaiian Language Medium Education › 302H-7 Collaboration.

§302H-7 Collaboration.
The department of education shall work collaboratively with the Hawaiian language college of the University of Hawaii at Hilo and any other entities recognized by the legislature for the purpose of addressing Hawaiian language medium education, extending to those entities support for inclusion in the special provisions for children and families enrolled in the Hawaiian language medium education program of the department and maximizing the joint use of existing and new resources to meet the goal of revitalizing, maintaining, and strengthening the Hawaiian language. [L 2004, c 133, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302L. Early Learning System › 302L-1 Definitions.

§302L-1 Definitions.
As used in this chapter, unless the context otherwise requires:
"At-risk children" means children who, because of their home and community environment, are subject to language, cultural, economic, and other disadvantages that cause them to be at risk for school failure, including children:
(1) Who are placed through their individualized education programs in a general education setting;
(2) Who are English as a second language learners;
(3) Who are in foster care;
(4) Who are homeless; or
(5) Whose family income is no more than three hundred per cent of the federal poverty level.
"Board" means the early learning board established pursuant to this chapter.
"Center-based" describes programs in which early learning services are provided in a facility, including private preschools, child care centers, and head start programs, licensed, or excluded or exempt from licensing, by the department of human services.
"Early learning" means developmentally appropriate early childhood development and education for children from prenatal care until the time they enter kindergarten.
"Early learning system" means a developmentally appropriate early childhood development and education system for children from prenatal care until the time they enter kindergarten.
"Family child care program" means a program in which a child is cared for in a family child care home licensed under section 346-161.
"Family-child interaction learning program" means a program attended by both a child and at least one adult who is the child's parent, relative, or other caregiver, that facilitates family-child interactive learning experiences for children and educates the family member or members about how to encourage the child's learning.
"Family engagement" means practices that engage families in recognition of the need for families to actively support their child's learning and development, including classrooms that make families feel welcome, communication with families on an ongoing basis, the promotion of responsible parenting, and involvement in decisions that affect families and their children.
"Home-based instruction program" means a family-involvement, school-readiness program that helps families prepare their child for success in school and beyond, and that is based in the child's home; provided that home schooling is not a home-based instruction program.
"Office" means the executive office on early learning established pursuant to this chapter.
"Underserved children" means children who have no access to, or are not qualified to attend, other early learning programs and whose family income is no more than three hundred per cent of the federal poverty level. [L Sp 2008, c 14, pt of §2; am L 2012, c 178, §5; am L 2015, c 108, §3 and c 109, §3; am L 2017, c 202, §2; am L 2019, c 276, §9]
2023 Hawaii Revised Statutes › Title 18. Education › 302L. Early Learning System › 302L-1.65 Early learning board; qualifications; administration priorities.

§302L-1.65 Early learning board; qualifications; administration priorities.
(a) Upon the nomination of any voting member to the board established pursuant to section 302L-1.6, the governor shall provide written documentation articulating the administration's goals and priorities with respect to the formation of a highly-functioning, well-balanced board and describing the nominee's qualifications.
(b) Each nominee shall meet the following minimum qualifications:
(1) Demonstrate integrity, civic virtue, and high ethical standards and be willing to hold fellow board members to the same;
(2) Commit to being a conscientious and attentive board member;
(3) Have an understanding of best practices in early learning governance or be willing to be trained in best practices in early learning governance; and
(4) Have a clear understanding of the board's role in developing and protecting a clear, long-term strategic vision for early learning.
(c) Each nominee shall ideally meet the following qualifications:
(1) Have substantial leadership experience that illustrates the nominee's ability to function among diverse colleagues as an effective team member, with the ability to articulate, understand, and help shape consensus on board policies; and
(2) Demonstrate a deep and abiding interest in early learning and a dedication to the social, academic, and character development of children. [L 2023, c 170, §1]
2023 Hawaii Revised Statutes › Title 18. Education › 302L. Early Learning System › 302L-1.7 Early learning facilities; pre-plus.

§302L-1.7 Early learning facilities; pre-plus.
(a) There is established the pre-plus program within the office to expand access to affordable and high-quality early learning for children from low-income families who are not otherwise eligible for kindergarten, by allowing preschool programs to be established on public school campuses through public-private partnerships.
(b) The office, the department of education, and the department of human services shall work collaboratively to develop suitable pre-plus classrooms on department of education campuses statewide, including conversion charter school campuses. The executive office on early learning, with the department of education and department of human services, shall coordinate site selection for additional pre-plus programs at public school sites, with priority given to public school sites that serve at-risk children as defined in section 302L-1, including sites located in areas with limited access to early learning programs and services. [L 2012, c 178, pt of §2; am L 2017, c 202, §5]
2023 Hawaii Revised Statutes › Title 18. Education › 302L. Early Learning System › 302L-2 Early learning system.

§302L-2 Early learning system.
There is established an early learning system that shall ensure a spectrum of high-quality early learning opportunities for children throughout the State, from prenatal care until the time they enter kindergarten, with priority given to underserved or at-risk children. The early learning system shall be developed and administered by the executive office on early learning to the extent permissible by law. The early learning system shall:
(1) Be widely accessible and voluntary for both those served and program and service providers;
(2) Be a cohesive, comprehensive, and sustainable system in which:
(A) All existing early learning programs and services, whether publicly- or privately-run, which consist of a variety of early learning approaches, service deliveries, and settings, including center-based programs, family child care programs, family-child interaction learning programs, and home-based instruction programs designed to promote early learning, are coordinated, improved, and expanded;
(B) Public and private resources are maximized; and
(C) The use of public facilities for either publicly- or privately-run early learning programs is maximized;
(3) Provide high-quality early learning experiences with:
(A) Standards-based content and curriculum, and accountability; and
(B) Sufficient numbers of well-qualified educators and administrators who are fairly compensated and have access to continuing professional development;
(4) Offer opportunities for family and community engagement and parent education and support; and
(5) Be sensitive to family choice and cultural diversity. [L Sp 2008, c 14, pt of §2; am L 2012, c 178, §11; am L 2017, c 202, §6]
2023 Hawaii Revised Statutes › Title 18. Education › 302L. Early Learning System › 302L-3.5 Board meetings by teleconference.

§302L-3.5 Board meetings by teleconference.
(a) Notwithstanding any law to contrary, the board may meet by teleconference.
(b) Each member of the board participating in a meeting by teleconference shall be considered present at the meeting for purposes of determining quorum and participating in all proceedings.
(c) A meeting by teleconference:
(1) Need not have a quorum present at any one location; and
(2) Is subject to the notice requirements applicable to other board meetings.
(d) The notice of each teleconference meeting shall specify all physical locations from which members of the board will participate. The notice shall also specify the physical location from which the presiding officer of the board will preside. All physical teleconference locations shall be open to the public during the open portion of the meeting.
(e) Board materials that are to be considered at the meeting shall be made available at all physical teleconference locations.
(f) Each part of the teleconference meeting that is required to be open to the public shall be audible to the public at each physical location specified in the notice of the meeting.
(g) Except when voice votes are authorized, the vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote. The vote at a meeting held by teleconference shall be taken by roll call.
(h) The public shall be allowed to participate and speak at a meeting conducted by teleconference in the same manner and to the same extent that the public is allowed to participate and speak at each physical site of the meeting. [L 2010, c 63, §1; am L 2012, c 178, §12; am L 2017, c 202, §7]
2023 Hawaii Revised Statutes › Title 18. Education › 302L. Early Learning System › 302L-4 Grant program; establishment.

§302L-4 Grant program; establishment.
(a) There is established, as part of the early learning system, a grant program, to be developed and administered by the office. The program shall increase early learning opportunities that meet high standards of quality through the awarding of grants to publicly- or privately-run:
(1) Center-based programs for three- and four-year-old children; and
(2) Family child care programs, family-child interaction learning programs, and other early learning programs and services regardless of the age of children served.
(b) Eligibility criteria for grants. The office may award grants based on criteria that shall be developed by the office. The criteria shall include the requirement that early learning programs and services meet certain standards of quality, including:
(1) The implementation of evidence-based and culturally responsive models of service delivery;
(2) The use of evidence-based curricula and methods;
(3) Minimum scheduling requirements, as follows:
(A) For center-based programs: providing services for a full school day and full school year;
(B) For family child care programs: providing services for three hours daily for a full school year;
(C) For family-child interaction learning programs operating in classroom-like settings: providing early learning activities at least twice a week for a full school year, and for a minimum of three hours each day; and
(D) For home-based instruction programs: providing early learning activities for no fewer than thirty weeks within a school year;
(4) Staff-to-child ratios and group size that meet or exceed nationally recommended standards;
(5) The employment of teachers and administrators who meet the qualifications required by the office;
(6) The incorporation of preschool content standards or other early learning guidelines;
(7) The implementation of health and developmental screenings for children;
(8) Opportunities for parent or family engagement and parent education and support; and
(9) Activities for monitoring and data collection to evaluate early learning programs and services and inform best practices.
(c) Training; technical assistance; monitoring. The office may offer technical support to, and shall be responsible for monitoring to ensure the accountability of programs and services within the grant program, according to the standards developed by the office. [L Sp 2008, c 14, pt of §2; am L 2012, c 178, §11; am L 2017, c 202, §8]
2023 Hawaii Revised Statutes › Title 18. Education › 302L. Early Learning System › 302L-5 Early learning special fund.

§302L-5 Early learning special fund.
(a) There is established within the state treasury the early learning special fund, to be administered by the executive office on early learning, into which shall be deposited all moneys received by the office in the form of:
(1) Fees;
(2) Grants;
(3) Donations;
(4) Appropriations made by the legislature to the fund; and
(5) Revenues regardless of their source,
and earnings on moneys in the fund. Moneys in the fund shall be used for the early learning system. Expenditures from the fund may be made by the office without appropriation or allotment.
(b) The office shall submit an annual report to the legislature, no later than August 31, on the sources of moneys deposited into the fund and expenditures of the moneys in the fund. [L Sp 2008, c 14, pt of §2; am L 2009, c 194, §4; am L 2012, c 178, §11; am L 2020, c 46, §4]
2023 Hawaii Revised Statutes › Title 18. Education › 302L. Early Learning System › 302L-8 Public prekindergarten classrooms; annual report to the legislature.

§302L-8 Public prekindergarten classrooms; annual report to the legislature.
The office shall submit to the legislature an annual report regarding State-funded prekindergarten programs and private partnership-funded prekindergarten programs in the public schools, except special education and Title I-funded prekindergarten programs, to include, as related to each type of program:
(1) The number and location of classrooms;
(2) Numbers of students served and aggregated by birth month as of the date on which the official enrollment count is taken;
(3) Sources of funding for each classroom;
(4) Quality of teacher-child interactions relating to social emotional support, classroom structure, and quality of learning experiences, as assessed using a formative assessment tool selected by the office; and
(5) Child outcomes relating to all areas of childhood development and learning, including cognitive, linguistic, social, and emotional approaches to learning and health and physical development, as assessed using a formative assessment tool selected by the office.
The department and state public charter school commission shall share data with the office necessary for the purposes of this report. [L 2019, c 276, §13]
2023 Hawaii Revised Statutes › Title 18. Education › 302L. Early Learning System › 302L-9 Hawaii early childhood educator stipend program.

§302L-9 Hawaii early childhood educator stipend program.
(a) There is established the Hawaii early childhood educator stipend program to be administered by the office to address the shortage of early childhood educators who have coursework in early childhood education.
(b) An individual shall be eligible for stipend consideration if the individual:
(1) Is enrolled at a University of Hawaii campus or in a University of Hawaii program and qualifies for Hawaii resident tuition; and
(2) Is enrolled in a certificate, degree, or license program in early childhood education, including those in the Hawaiian language medium, which includes courses required for the respective program of study, within the University of Hawaii system.
(c) Immediately following completion of a certificate, degree, or license program pursuant to subsection (b), stipend recipients shall provide early care and education services directly to children from birth through five years of age for at least two consecutive years in one of the early learning systems described in section 302L-2, including Hawaiian language medium and Hawaiian immersion settings and early learning settings at charter schools.
(d) If the recipient fails to complete a certificate, degree, or license program pursuant to subsection (b), or to satisfy the work requirements of subsection (c), stipend funds shall be repaid as follows:
(1) For each year less than the designated number of years that a stipend recipient does not meet the work requirements of subsection (c), the recipient shall repay a proportionate percentage of the total stipend funds received; and
(2) The repayment shall be subject to the terms and conditions set by the office for stipend repayment, including circumstances under which recipients may be eligible for deferment or forgiveness due to hardship or inability to secure employment, as well as potential for fees for the collection of delinquent repayment.
(e) Stipend funds repaid by a stipend recipient pursuant to subsection (d) shall be deposited into Hawaii early childhood educator special fund established pursuant to section 302L-10.
(f) The office may accept federal funds to support the Hawaii early childhood educator stipend program.
(g) In accordance with chapter 103D, the office may enter into written contracts with collection agencies to collect delinquent repayment of stipends owed to the office pursuant to subsection (d). A collection agency that enters into a written contract with the office to collect delinquent stipend repayments pursuant to this section may collect a fee from the debtor in accordance with the terms of, and up to the amounts authorized in, the written contract.
(h) The office may adopt rules pursuant to chapter 91 to implement and administer the stipend program, including the terms of repayment pursuant to subsection (d). [L 2021, c 210, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302L. Early Learning System › 302L-10 Hawaii early childhood educator special fund.

§302L-10 Hawaii early childhood educator special fund.
There is established within the state treasury the Hawaii early childhood educator special fund, to be administered by the office, into which shall be deposited all moneys received by the office pursuant to section 302L-9(e). Moneys in the fund shall be used for the Hawaii early childhood educator stipend program established pursuant to section 302L-9. [L 2021, c 210, pt of §2]
Note
Hawaii early childhood educator special fund was abolished and repealed on June 30, 2023. L 2021, c 210, §10.
2023 Hawaii Revised Statutes › Title 18. Education › 303. Employees' Annuity and Custodial Account Contracts › 303-1 Purpose.

§303-1 Purpose.
The purpose of this chapter is to provide the means by which employees of the department of education and the University of Hawaii may qualify for the favorable benefits of section 403(b) of the Internal Revenue Code of 1986, as amended. [L 1967, c 40, pt of §1; HRS §303-1; am L 1999, c 123, §2(2)]
2023 Hawaii Revised Statutes › Title 18. Education › 303. Employees' Annuity and Custodial Account Contracts › 303-2 Contract for purchase of annuity or investment in custodial account.

§303-2 Contract for purchase of annuity or investment in custodial account.
(a) The department of education and the University of Hawaii, on behalf of any employee of the respective institutions, may enter into a written agreement with any employee to purchase for the employee:
(1) An annuity contract under section 403(b) of the Internal Revenue Code of 1986, as amended, from an insurer who holds a certificate of authority under section 431:3-201 or certificate of registration of dealer in securities under chapter 485A, or both, and who complies with the requirements established by the respective institution and agrees to abide by the terms, conditions, rules, or regulations of the respective institution; or
(2) An annuity contract qualified under section 401(k) of the Internal Revenue Code of 1986, as amended, which provides a nationwide retirement trust for a group of college or university football coaches who, due to the nature of their jobs, change employers frequently.
(b) The University of Hawaii and after December 31, 2003, the department of education may pay amounts to a custodial account established on behalf of the employee pursuant to section 403(b)(7) of the Internal Revenue Code of 1986, as amended. [L 1967, c 40, pt of §1; HRS §303-2; am L 1993, c 77, §3; am L 1999, c 123, §2(3); am L 2001, c 186, §1; am L 2006, c 229, §5]
Attorney General Opinions
University may make more than one agreement with an employee to purchase annuity contracts for the employee, provided that no more than one agreement is made during any taxable year of employee. Att. Gen. Op. 71-4.
2023 Hawaii Revised Statutes › Title 18. Education › 303. Employees' Annuity and Custodial Account Contracts › 303-3 Withholding.

§303-3 Withholding.
(a) The department of education and the University of Hawaii may also enter into an agreement under which the employer shall withhold from the salary of the employee the amount of the premiums payable on account of the annuity contract, and shall make such premium payments on behalf of the employee. The department of education and the University of Hawaii may contract with third parties to administer plans to ensure compliance with the Internal Revenue Code of 1986, as amended, state and federal laws, and for the withholding of amounts from the salaries of their employees payable on account of annuity contracts and for making payments on their behalf. Costs for implementing and administering these plans for the University of Hawaii shall be borne by the employees or service providers maintaining annuity contracts, as determined by the University of Hawaii. Costs for implementing and administering these plans for the department of education shall be borne by the insurance service providers offering the annuity products, or the annuity entity selling or maintaining the annuity contracts on behalf of the employees of the department of education.
(b) The University of Hawaii and after December 31, 2003, the department of education may also enter into an agreement under which the employer shall withhold from the salary of the employee the amount payable on account of the custodial account, and shall make the payments on behalf of the employee. The University of Hawaii and the department of education may contract with third parties to administer plans to ensure compliance with the Internal Revenue Code of 1986, as amended, state and federal laws and, for the withholding of amounts from the salaries of their employees payable on account of custodial accounts and for making payments on their behalf. Costs for implementing and administering the plan for the University of Hawaii shall be borne by the employees or service providers maintaining custodial accounts as determined by the University of Hawaii. Costs for implementing and administering the plan for the department of education shall be borne by the custodial service provider offering the custodial account product, or the custodial entity selling or maintaining the custodial accounts on behalf of employees of the department of education. [L 1967, c 40, pt of §1; HRS §303-3; am L 1999, c 123, §2(4); am L 2001, c 186, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 303. Employees' Annuity and Custodial Account Contracts › 303-3.5 Limitation on liability.

§303-3.5 Limitation on liability.
The University of Hawaii, department of education, and the State of Hawaii shall not be held liable for the sums deferred or the results of any investment product. [L 1999, c 123, §1; am L 2001, c 186, §3]
2023 Hawaii Revised Statutes › Title 18. Education › 303. Employees' Annuity and Custodial Account Contracts › 303-4 Adoption of rules.

§303-4 Adoption of rules.
Each employer may adopt rules to implement this chapter including but not limited to:
(1) The method of filing an election to accept an adjustment in earnings and revocation of the election;
(2) The effective date of an election;
(3) Changes in the amount of the adjustment in earnings; and
(4) Selection of the insurance company or companies from which the annuity contracts are to be purchased or to which payments into a qualified custodial account are to be made. [L 1967, c 40, pt of §1; HRS §303-4; am L 1999, c 123, §2(5)]
2023 Hawaii Revised Statutes › Title 18. Education › 303. Employees' Annuity and Custodial Account Contracts › 303-5 Retirement system contribution not affected.

§303-5 Retirement system contribution not affected.
A reduction in salary authorized by an employee under terms of this chapter shall in no way alter the amount of regular compensation or gross salary upon which the employee's contribution to the employees' retirement system is based. [L 1967, c 40, pt of §1; HRS §303-5; gen ch 1985]
2023 Hawaii Revised Statutes › Title 18. Education › 303. Employees' Annuity and Custodial Account Contracts › 303-6 Participation in qualified football coaches pension plan.

§303-6
Participation in qualified football coaches pension plan.
The University of Hawaii, on behalf of any of its football coaches, may enter into a written agreement with any association of football coaches with a qualified coaches plan under the Employee Retirement Income Security Act of 1974, as amended, for the purpose of enabling its football coaches to participate in the association's qualified pension plan. The University of Hawaii may withhold sums from a participating football coach's salary and pay those sums directly to the qualified coaches plan if withholding and payment are required under the plan. [L 1993, c 77, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 304A. University of Hawaii System › 304A-101 Establishment; available to all.

§304A-101 Establishment; available to all.
There shall be a University of Hawaii that shall consist of such colleges and departments as may from time to time be established. As used in this chapter, "university" refers to the University of Hawaii, unless otherwise required by the context.
No person, because of race, color, religion, sex, national origin, or physical disability, shall be deprived of the privileges of the university. As used in this section, "physical disability" means a physical impairment that substantially limits one or more of a person's major life activities. [L 2006, c 75, pt of §2]
Cross References
Authority and organization generally, see Const. Art. X and §26-11.
2023 Hawaii Revised Statutes › Title 18. Education › 304A. University of Hawaii System › 304A-102 Purposes of the university.

§304A-102 Purposes of the university.
The purposes of the university are to give thorough instruction and conduct research in, and disseminate knowledge of, agriculture, mechanic arts, mathematical, physical, natural, economic, political, and social sciences, languages, literature, history, philosophy, and such other branches of advanced learning as the board of regents from time to time may prescribe and to give such military instruction as the board of regents may prescribe and that the federal government requires. The standard of instruction shall be equal to that given and required in similar universities on the mainland United States. Upon the successful completion of prescribed courses, the board of regents may confer a corresponding degree upon every student who becomes entitled thereto. [L 2006, c 75, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 304A. University of Hawaii System › 304A-103 University to be public corporation; general powers.

§304A-103 University to be public corporation; general powers.
The University of Hawaii is established as the state university and is constituted as a body corporate. The university, under the direction of the board of regents, shall have the following general powers:
(1) To adopt, amend, and repeal bylaws governing the conduct of its business and the performance of the powers and duties granted to or imposed upon it by law;
(2) To acquire in any lawful manner any property, real, personal, or mixed, tangible or intangible, or any interest therein; to hold, maintain, use, and operate that property; and to sell, lease, or otherwise dispose of that property at such time, in such manner, and to the extent deemed necessary or appropriate to carry out its purposes;
(3) To enter into and perform contracts, leases, cooperative agreements, or other transactions as may be necessary in the conduct of its business and on terms it may deem appropriate, with any agency or instrumentality of the United States, with any state, territory, or possession, or with any political subdivision thereof, or with any person, firm, association, or corporation;
(4) To determine the character of and the necessity for its obligations and expenditures and the manner in which they shall be incurred, allowed, and paid, subject to provisions of law specifically applicable to the university;
(5) To execute, in accordance with its bylaws, all instruments necessary or appropriate in the exercise of any of its powers; and
(6) To take such actions as may be necessary or appropriate to carry out the powers conferred upon it by law. [L 2006, c 75, pt of §2]
Note
East-West Center:
Corporation Act. L 1975, c 82; L 1997, c 137; L 1998, c 2, §110.
Extension of Social Security Act to center employees. L 2004, c 176.
2023 Hawaii Revised Statutes › Title 18. Education › 304A. University of Hawaii System › 304A-105 Powers of regents; official name.

§304A-105 Powers of regents; official name.
(a) The board of regents shall have management and control of the general affairs, and exclusive jurisdiction over the internal structure, management, and operation of the university. The board may:
(1) Appoint a treasurer and other officers as it deems necessary;
(2) Authorize any officer, elected or appointed by it, to approve and sign on its behalf any voucher or other document that the board may approve and sign;
(3) Delegate to the president or the president's designee the authority to render the final decision in contested case proceedings subject to chapter 91, as it deems appropriate;
(4) Purchase or otherwise acquire lands, buildings, appliances, and other property for the purposes of the university; and
(5) Expend any sums of money as, from time to time, may be placed at the disposal of the university from whatever source; provided that notwithstanding any other law to the contrary, all documents regarding expenditures and changes thereto, made by the board shall be disclosed in open meetings for the purpose of public comment; provided further that all expenditure requests, proposals, and any other budgetary documents used by the board at an open meeting shall be made available to the public at least six calendar days before the meeting.
All lands, buildings, appliances, and other property so purchased or acquired shall be and remain the property of the university to be used in perpetuity for the benefit of the university. The board, in accordance with this section and other law, shall manage the inventory, equipment, surplus property, and expenditures of the university and, subject to chapter 91, may adopt rules, further controlling and regulating the same.
(b) The board of regents shall develop internal policies and procedures for the procurement of goods, services, and construction, consistent with the powers of the board set forth in section 304A-2672, and the goals of public accountability and public procurement practices, subject to chapter 103D.
(c) The board of regents may enter into concession agreements without regard to chapter 102.
(d) The official name of the board shall be the board of regents, University of Hawaii. The board shall adopt and use a common seal by which all official acts shall be authenticated. [L 2006, c 75, pt of §2; am L Sp 2008, c 6, §3; am L 2010, c 82, § §3, 8; am L 2013, c 87, §3]
2023 Hawaii Revised Statutes › Title 18. Education › 304A. University of Hawaii System › 304A-106 Gifts; investment authority.

§304A-106 Gifts; investment authority.
(a) The board of regents may receive, manage, and invest moneys or other property, real, personal, or mixed, which may be given, bequeathed, devised, or in any manner received from sources other than the legislature or any federal appropriation for the purpose of the university, its improvement or adornment, or the aid or advantage of students or faculty, and in general act as trustee on behalf of the university for any of such purposes or objects.
(b) Any law to the contrary notwithstanding, land-grant college aid moneys obtained under section [304A-2401] may be received, managed, and invested pursuant to this section.
(c) The board of regents shall cause to be kept suitable books of account wherein shall be recorded each gift, the essential facts of the management thereof, and the expenditure of the income. A statement of all trust funds shall be included in the annual report to the governor and the legislature. [L 2006, c 75, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 304A. University of Hawaii System › 304A-107 Loans; advances.

§304A-107 Loans; advances.
The university may borrow, from time to time from the state treasury, sums that in the aggregate shall not exceed $100,000, and the director of finance may make the loans to the university, without interest; provided that the loans shall be repaid within the same fiscal year unless extended by the director. In addition to the foregoing, the director of finance may advance funds to the university when required to meet reimbursable costs incurred in connection with federally financed research and training projects; provided that the advances shall not amount in the aggregate to more than $100,000 at any time. [L 2006, c 75, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 304A. University of Hawaii System › 304A-108 Suits.

§304A-108 Suits.
(a) The university may sue and be sued in its corporate name. Notwithstanding any other law to the contrary, all claims arising out of the acts or omissions of the university or the members of its board of regents, its officers, or its employees, including claims permitted against the State under chapter 661, part I, and claims for torts permitted against the State under chapter 662, may be brought only pursuant to this section and only against the university. However, the university shall be subject to suit only in the manner provided for suits against the State, including section 661-11, and any liability incurred by the university in such a suit shall be solely the liability of the university, shall be payable solely from the moneys and property of the university, and shall not constitute a general obligation of the State or be secured directly or indirectly by the full faith and credit of the State or the general credit of the State or by any revenue or taxes of the State. All defenses available to the State, as well as all limitations on actions against the State, shall be applicable to the university.
(b) The board of regents, upon the advice of its attorney, may arbitrate, compromise, or settle any claim, action, or suit brought against the university pursuant to this section. Any claim compromised or settled under this subsection shall be payable solely from the moneys and property of the university and shall not constitute a general obligation of the State or be secured directly or indirectly by the full faith and credit of the State or the general credit of the State or by any revenue or taxes of the State. Nothing in this subsection precludes the board of regents from requesting and securing legislative appropriations to fund the settlement of any such claim or judgment against the university or its regents, officers, employees, or agents.
(c) Rights and remedies conferred by this section shall be exclusive and shall not be construed to authorize any other claim, suit, or action against the State. In addition, a judgment, compromise, or settlement in an action brought against the university under this section shall constitute a complete bar to any action brought by the claimant, by reason of the same subject matter, against the State or an officer or employee of the university.
(d) The university may purchase insurance to cover any claims anticipated under this section or section 46-71.5. [L 2006, c 75, pt of §2; am L 2018, c 103, §3]
2023 Hawaii Revised Statutes › Title 18. Education › 304A. University of Hawaii System › 304A-109 Service of process.

§304A-109 Service of process.
(a) Service of process upon the university shall be made by serving a filed and certified copy of the summons and of the complaint on the university general counsel in accordance with applicable court rules and chapter 634 or on any attorney in the office of the university general counsel.
(b) Service of process upon an officer or employee of the university being sued in the officer's or employee's official capacity shall be made by serving the university and by delivering a copy of the summons and of the complaint to that officer or employee in accordance with applicable court rules and chapter 634. [L 2006, c 75, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 304A. University of Hawaii System › 304A-110 Indemnification.

§304A-110 Indemnification.
(a) Notwithstanding any other law to the contrary, the board of regents may agree in writing to an indemnity provision by which the university agrees to indemnify, defend, and hold harmless any person, corporation, or entity that sponsors research at the university when all of the following conditions are satisfied:
(1) The person, corporation, or entity requires an indemnity in writing as a condition for providing a grant, benefit, service, or interest in or right to use property;
(2) The president, or the president's designee, following a favorable review by the university general counsel or the counsel's designee, approves the proposed indemnification; and
(3) The chief financial officer, pursuant to section 304A-108, has obtained an insurance policy or policies in an amount sufficient to cover the liability of the university that may be reasonably anticipated to arise under the indemnity provision or has determined that it is not in the best interest of the university to obtain insurance.
(b) Nothing in this section shall be construed to expand the scope of liability of the university beyond that set forth in chapters 661 and 662.
(c) Nothing in this section shall be construed to waive the immunity of the university from suit in federal courts guaranteed by the Eleventh Amendment to the United States Constitution. An indemnity provision not in strict compliance with this section shall not give rise to a claim against the university under this chapter or chapter 661 or otherwise waive the university's sovereign immunity. [L 2006, c 75, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 304A. University of Hawaii System › 304A-111 Indemnification of collaborating institutions.

§304A-111 Indemnification of collaborating institutions.
(a) The board of regents may indemnify collaborating institutions from claims arising against them for the gross negligence or wilful misconduct of the university's officers, employees, and agents in the course of their employment, in connection with the university's use, storage, or disposal of materials owned or licensed by a collaborating institution that are purchased by the university from or transferred to the university by the collaborating institution for research or training purposes.
(b) The university shall use the materials transfer agreements recommended and approved by the Association of University Technology Managers to confer the indemnification authorized by this section.
(c) Indemnification claims authorized by this section shall be payable solely from the moneys and property of the university and shall not constitute a general obligation of the State or be secured directly or indirectly by the full faith and credit of the State or the general credit of the State or by any revenues or taxes of the State. The board of regents may obtain loss insurance to cover the liability of the university that may arise under this section; provided that loss insurance for the university shall be at the university's expense. [L 2006, c 75, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 304A. University of Hawaii System › 304A-112 Contracts for services provided by the research corporation of the University of Hawaii.

§304A-112 Contracts for services provided by the research corporation of the University of Hawaii.
(a) Notwithstanding any law to the contrary, when the university determines that neither the university nor another state agency can more effectively or efficiently accomplish the purposes of the sponsored research and training activities, the university shall contract with the research corporation of the University of Hawaii established under section [304A-3001] to provide management and other services as described in subsection (b) to support the university's research and training activities. Contracts by the university with the research corporation pursuant to this section shall be limited to sponsored research and training projects; except that university projects supported by funds appropriated by the legislature may also be contracted to the research corporation pursuant to rules adopted by the board of regents.
(b) Management and other support services provided by the research corporation pursuant to this section may include:
(1) The procurement of goods and services;
(2) Employment of personnel; and
(3) The provision of advance funding for research and training contracts and grants.
These services may be provided by the corporation to the university without regard to chapter 76, 78, 89, or 103D. [L 2006, c 75, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 304A. University of Hawaii System › 304A-113 Commercial enterprises.

§304A-113
Commercial enterprises.
Any law to the contrary notwithstanding, the university may engage in commercial enterprises that are related and incidental to the primary purposes of the university as set forth in this chapter, including but not limited to sponsorship of private, cultural, and athletic performances and sale of goods produced by university programs or goods bearing the university logo. [L 2006, c 75, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 304A. University of Hawaii System › 304A-114 Hawaii history.

§304A-114 Hawaii history.
The board of regents shall secure the compilation from all available sources and the publication of a revised history of the Hawaiian people; which history, however, shall not be published until after it has been approved either by the legislature or by the trustees of the Hawaiian Historical Society. The board may employ such competent persons as are necessary for the compilation of the volume, purchase the necessary documents, records, and materials for use in the compilation, and make contracts on a royalty basis with publishing firms for the publication of the history. All documents, records, and materials so secured shall be deposited in the state archives after their use by the board. [L 2006, c 75, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 304A. University of Hawaii System › 304A-115 Depository of war records.

§304A-115 Depository of war records.
The university is designated as the official depository of material, documents, photographs, and other data relating to Hawaii's part in the war between the United States and Germany, Japan, and Italy.
The university shall secure, collect, and preserve the necessary information, documents, pictures, and other data relating to Hawaii's part in the war. [L 2006, c 75, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 304A. University of Hawaii System › 304A-116 Child care programs.

§304A-116 Child care programs.
(a) The university may establish child care programs through which one or more child care programs for each campus of the university system may be established. The university may operate each child care program with appointed personnel, who are not subject to chapter 76, or by contract with private persons or agencies.
(b) The provision of child care services may be supported with proceeds from the child care programs special fund established under section [304A-2173], public funds, and private grants and gifts to pay for the expenses of operation, including payment of principal and interest on any obligations incurred. [L 2006, c 75, pt of §2; am L 2011, c 124, §3]
2023 Hawaii Revised Statutes › Title 18. Education › 304A. University of Hawaii System › 304A-117 Participation and membership in the Western Governors University and other educational consortia.

§304A-117 Participation and membership in the Western Governors University and other educational consortia.
The board of regents may participate in and perform any act related to membership in an educational consortium involving other institutions or jurisdictions that advances the instruction, research, or service mission of the university, including the Western Governors University. [L 2006, c 75, pt of §2]