HB1431

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

"§304A- Governor's candidate advisory council for the Board of Regents of the University of Hawaii. (a) There is established the Governor's candidate advisory council to screen and recommend qualified candidates to the Governor for appointment to the board of regents. The candidate advisory council shall be placed in the University of Hawaii for administrative purposes.

(b) The candidate advisory council shall recommend four candidates for each seat on the board within:

(1) Thirty days of a vacancy; or

(2) One hundred and twenty days prior to the expiration of a term.

(1) For each position on the board, screen and qualify candidates for the board based on the qualifications imposed by the state constitution on their background, experience, and potential for discharging the responsibilities of a member of the board;

(2) Actively solicit and accept applications from potential_candidates;

(3) Develop and implement a fair and independent procedure for selecting candidates to serve on the board; and

(4) Require the candidate and members of the candidates immediate family to disclose any existing or anticipated contracts with the university, any existing or anticipated financial transactions with the university, and any family relationships with university employees.

(d) In order to provide continuity for the board of regents, the Governor may recommend the re-appointment of a board of regents member by requesting that the member’s name be included among the candidate advisory council’s recommendation.

(e) The advisory council shall consist of seven members to be appointed by the Governor without regard to section 26-34.

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.

(f) Members of the council shall serve terms coterminous with the Governor.

(g) If a vacancy occurs, a successor shall be appointed in the same manner as the person's predecessor.

(h) The council shall operate in a wholly nonpartisan manner. A member of the council shall not run for or hold any elected office of the State, or its political subdivisions. Any member of the council who decides to run for an elected office of the State, or its political subdivisions, shall resign from the council prior to filing nomination papers.

(i) The Governor shall appoint a chairperson. A majority of the members to which the candidate advisory council is entitled shall constitute a quorum to do business. The concurrence of a majority of all the members to which the candidate advisory council is entitled shall be necessary to make any action of the candidate advisory council valid.

(j) 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. Chapter 304A-104, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The affairs of the university shall be under the general management and control of the board of regents consisting of twelve members who shall be appointed by the Governor from a list of qualified candidates presented to the Governor by the Governor’s candidate advisory council for the Board of Regents of the University of Hawaii, and may be removed by the Governor. The term of each member shall be for four years; 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."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii, the sum of $50,000, or so much thereof as may be necessary for fiscal year 2007-2008, and

$50,000, or so much thereof as may be necessary for fiscal year 2008-2009, for operating and other expenses for the Governor’s candidate advisory council.

The sum appropriated shall be expended by the University of Hawaii for the purposes of this Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2007.

INTRODUCED BY:

_____________________________

BY REQUEST

HOUSE OF REPRESENTATIVES	H.B. NO.	1431
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII