Establishes the candidate advisory council to screen and propose candidates for appointment to the board of regents (BOR) of the University of Hawaii. Changes BOR membership by increasing the number of members from twelve to fifteen. Requires a certain number of BOR members to represent specific geographic areas. Establishes that BOR members shall serve no more than two consecutive five-year terms. Establishes that if a member is appointed to a second term of five years, the senate will consider the question of whether to reconfirm the member at least 120 days prior to the conclusion of the member's first five-year term. Clarifies that every BOR member may serve beyond the expiration date of the member's term until the member's successor has been appointed and has been confirmed by the senate. (SB1257 CD1)

SECTION 1. Chapter 304, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§304-   Candidate advisory council for the board of regents of the University of Hawaii. (a) There is established the candidate advisory council for the board of regents of the University of Hawaii to assist the governor in selecting members of the board by establishing the criteria for, screening, and recommending qualified candidates for membership on the board. The advisory council shall be attached to the University of Hawaii for administrative purposes.

(b) The advisory council shall recommend no fewer than two and no more than four candidates for each seat on the board within:

(c) The governor shall select one nominee from among the advisory council's recommendations. In making its recommendation, the council shall:

(d) The advisory council shall consist of seven members to be appointed without regard to section 26-34 as follows:

The council shall be selected in a wholly nonpartisan manner. Appointees to the advisory council shall have a general understanding of the purposes of higher education, the mission of the University of Hawaii system, and the responsibilities of the board of regents. Appointees shall be individuals who are widely viewed as having placed the broad public interest ahead of special interests and have achieved a high level of prominence in their profession and are respected by the community.

(e) Members of the council shall serve four-year terms; provided that the three members initially appointed to the council by the governor, president of the senate, and speaker of the house of representatives, shall serve for terms of two years.

(f) If a vacancy occurs, a successor shall be appointed in the same manner and subject to the same qualifications as the person's predecessor. The person appointed to fill a vacancy shall serve for the remainder of the term of the person's predecessor.

(g) The council shall operate in a wholly nonpartisan manner. No individual, while a member of the council, shall run for or hold any other elected office under the United States, the State, or its political subdivisions.

(h) The members of the council shall choose a chairperson from among themselves. A majority of the council shall constitute a quorum to do business. The concurrence of a majority of all the members to which the council is entitled shall be necessary to make any action of the council valid. The council shall meet annually and at other times as necessary. All meetings of the council shall be exempt from chapter 92.

(i) Members of the council shall serve without compensation but shall be reimbursed for expenses, including travel, board, and lodging expenses, necessary for the performance of their duties."

SECTION 2. Section 26-11, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The University of Hawaii shall be headed by an executive board to be known as the board of regents.

The board shall consist of [twelve] fifteen members. [No more than six of the members shall be members of the same political party and at least part of the membership of the board shall represent geographic subdivisions of the State.] At least one member shall be a University of Hawaii student at the time of the initial appointment. This member may be reappointed for one additional term even though the member may no longer be a student at the time of reappointment. The governor shall reduce the terms of those initially appointed to each seat on the board so as to provide, as far as practicable, for the expiration of three terms each year, excluding the student member.

At least ten members, except for the student member, shall represent geographic areas as follows:

(1) Two members from the county of Hawaii;

(2) Two members from the county of Maui;

(3) One member from the county of Kauai; and

(4) Five members from the city and county of Honolulu.

The board shall have power, in accordance with the Constitution of the State and with law, to formulate policy[,] and to exercise control over the university through its executive officer, the president of the university. The board shall have exclusive jurisdiction over the internal organization and management of the university."

SECTION 3. Section 304-3, Hawaii Revised Statutes, is amended to read as follows:

"§304-3 Regents; appointment; tenure; qualifications; meetings. (a) The affairs of the university shall be under the general management and control of the board of regents consisting of [twelve] fifteen members who shall be appointed and may be removed by the governor. Except as otherwise provided by law, state officers shall be eligible for appointment and membership. The term of each member shall be [for four years;] five years, except as provided for the initial appointment in section 26-11; provided that the term of the student member shall be [for] two years. [Except as otherwise provided by statute, state officers shall be eligible to appointment and membership.] Every member may serve beyond the expiration date of the member's term of appointment until the member's successor has been appointed and has [qualified.] been confirmed by the senate in accordance with article X, section 6 of the State Constitution. Members shall serve no more than two consecutive five-year terms. If a member is to be appointed to a second term of five years, the senate shall consider the question of whether to reconfirm the member at least one hundred twenty days prior to the conclusion of a member's first five-year term.

(b) The board shall, at its first meeting after June 30, elect a chairperson and vice-chairperson, who shall serve until adjournment of its first meeting after June 30 of the next year or thereafter until their successors are appointed and have qualified and whose election shall be immediately certified by the board to the chief election officer. The board shall appoint a secretary, who shall not be a member of the board. The president of the university shall act as executive officer of the board. The board shall meet not less often than ten times annually, and may from time to time meet in each of the counties of Hawaii, Maui, and Kauai.

(c) The members of the board shall serve without pay but shall be entitled to their traveling expenses within the State when attending meetings of the board or when actually engaged in business relating to the work of the board."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2007; provided that section 1 of this Act shall take effect upon the ratification of a constitutional amendment providing for the creation of a candidate advisory council for the board of regents of the University of Hawaii.