HB3072 HD2

SECTION 1. The legislature finds that as Hawaii's technology sector grows, and as technology becomes embedded in many of our more traditional industries, there is a growing need for a workforce that has basic science, technology, engineering, and mathematical skills, as well as graduates with specialized science and engineering degrees. Some states are addressing their science, technology, engineering, and mathematics education, as well as other strategic post-secondary education needs through a strong commission on higher education. Examples include New Jersey, California, Arizona, and Maryland, among others. In these states, a commission helps coordinate an integrated system of higher education that includes both public and private institutions.

Common goals of these commissions include:

(1) Increasing the rate of students pursuing post-secondary education;

(2) Improving access to education, training, and lifelong learning;

(3) Engaging the business community in setting goals and objectives; and

(4) Changing public perceptions and aspirations regarding higher education.

In Hawaii, the state post-secondary education commission, as established by section 304A-3151, Hawaii Revised Statutes, has a limited scope. Its primary legislative mandate is to serve as a vehicle for receiving federal funds with the authority to develop procedures for receiving and responding to complaints. Most of the seats are assigned to representatives of the University of Hawaii, including all members of the board of regents, and the commission is administratively attached to the University of Hawaii, with the university's president designated as its administrative officer.

The legislature further finds that a state post-secondary education commission with broader representation and a more comprehensive mandate would better serve the State's needs in meeting the challenges of a global economy. A commission with representatives from public and private institutions of higher education, government, and business could develop a vision and a strategy to move Hawaii toward excellence in the twenty-first century.

The purpose of this Act is to:

(1) Broaden the representation on the state post-secondary education commission;

(2) Expand its mission to increase student enrollment and access to higher education; and

(3) Recognize the workforce needs of Hawaii's business community.

SECTION 2. Chapter 304A, Hawaii Revised Statutes, is amended by amending the title of subpart C of part VII to read as follows:

"C. [~~STATE POST-SECONDARY~~] HAWAII HIGHER EDUCATION

COMMISSION"

SECTION 3. Section 304A-3151, Hawaii Revised Statutes, is amended to read as follows:

"[[]§304A-3151[]] Establishment of the [~~state post-secondary~~] Hawaii higher education commission; membership, administration. There is established a state [~~post-secondary education~~] commission[~~. The~~] on higher education to be known as the Hawaii higher education commission. Notwithstanding section 78-4, the commission shall consist of [the members of the board of regents of the university, the provisions of section 78-4 notwithstanding, and four other members who shall be broadly and equitably representative of the general public and public and private nonprofit and proprietary institutions of post-secondary education in the State who shall be appointed in accordance with ~~section 26-34.~~] no more than fifteen members to be appointed as follows:

(1) The director of business, economic development, and tourism or the director's designee;

(2) The director of labor and industrial relations or the director's designee;

(3) The superintendent of education or the superintendent's designee;

(4) The president of the University of Hawaii or the president's designee;

(5) The president of Brigham Young University-Hawaii or the president's designee;

(6) The president of Chaminade University or the president's designee;

(7) The president of Hawaii Pacific University or the president's designee;

(8) The executive director of the high technology development corporation or the executive director's designee;

(9) The executive director of the Hawaii Association of Independent Schools or the executive director's designee;

(10) Four members of Hawaii's business community, including one representative each from the city and county of Honolulu and the counties of Hawaii, Kauai, and Maui, and from the different economic sectors of banking, land planning, health, and international affairs; provided that two of four members are to be appointed by the president of the senate; and two of four members are to be appointed by the speaker of the house of representatives; and

(11) Two university students, to serve terms of one year, to be nominated by the student governing body of their respective institutions.

The chair of the commission shall initially be appointed by the governor for a term of one year, following which the chair shall be elected by the members of the commission. The commission shall be placed within the [~~university~~] department of business, economic development, and tourism for administrative purposes[~~, and its administrative officer shall be the president of the university~~]. The commission may appoint necessary staff members to carry out its mandate in accordance with applicable policies and procedures of the [~~university.~~] department of business, economic development, and tourism, and as provided for in the state budget."

SECTION 4. Section 304A-3152, Hawaii Revised Statutes, is amended to read as follows:

"[[]§304A-3152[]] Commission's duties, powers, and authority. (a) The commission may cooperate with the federal government to qualify the State to receive federal funds made available under the Higher Education Act of 1965, Public Law 89-329, as amended from time to time, and in addition may serve as the state agency for the receipt of federal funds when federal legislation dealing with higher education or post-secondary education requires, as a condition of state receipt of such funds, the designation of a state agency that is broadly representative of the general public and of post-secondary education in the [~~State~~] state and when agencies other than the commission created by this subpart may not qualify. The commission also may receive funds from other sources to carry out its mandate. The commission shall adopt appropriate rules not inconsistent with this subpart as may be required to administer this subpart. The rules shall be adopted in accordance with chapter 91.

(b) No funds appropriated by the legislature may be used to aid a person attending an institution not owned or exclusively controlled by the State or a department of the State or to pay for any staff work distributing federal or private funds to students attending such schools. The maximum amount of any grant awarded under the Hawaii state incentive grant program shall be equal to the maximum allowed by federal law.

(c) The commission shall propose and manage a program to provide student enrollment incentives, such as scholarships, grants, and loans, including specific programs designed to meet workforce needs, such as science, technology, engineering, and mathematics scholarships or loan forgiveness plans.

(d) The commission shall review and make recommendations to increase the rate of students pursuing post-secondary education."

SECTION 5. Section 304A-3154, Hawaii Revised Statutes, is amended to read as follows:

"[[]§304A-3154[]] Cooperation with other state agencies. The commission may be assisted by other state agencies, including but not limited to the [~~university,~~] University of Hawaii, the department of education, [~~and~~] the department of commerce and consumer affairs[.], and the department of labor and industrial relations."

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2059; provided that the members of the state post-secondary education commission serving on June 30, 2008, shall continue their duties until the members of the new commission provided for by this Act are appointed.

HOUSE OF REPRESENTATIVES	H.B. NO.	3072
TWENTY-FOURTH LEGISLATURE, 2008		H.D. 2
STATE OF HAWAII