SB2994

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 math 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, the commission helps coordinate an integrated system of higher education that includes both public and private institutions.

Common goals of these commissions include: increasing the rate of students pursuing post-secondary education; improving access to education, training, and lifelong learning; engaging the business community in setting goals and objectives; and changing public perceptions and aspirations regarding higher education.

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

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 relative to meeting the challenges of a global economy. A commission with representatives from all public and private institutions of higher education, government, business, and the general public could develop a vision and a strategy to move Hawaii toward excellence in the twenty-first century.

The purpose of this Act is to amend chapter 304A, Hawaii Revised Statutes, to broaden the representation on the state post-secondary education commission and expand its mission.

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[.] on higher education to be known as the Hawaii higher education commission. 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] no more than nineteen members to be appointed by the governor in accordance with section 26-34[.] to include the following, the provisions of section 78-4 notwithstanding:

(1) The president of the University of Hawaii;

(2) The president of Brigham Young University-Hawaii;

(3) The president of Chaminade University;

(4) The president of Hawaii Pacific University;

(5) The superintendent of education;

(6) The executive director of the Hawaii Association of Independent Schools;

(7) The director of business, economic development, and tourism;

(8) The director of labor and industrial relations;

(9) The chair of the governor's innovation council;

(10) Four members of Hawaii's business community, from different economic sectors;

(11) Four members of the general public, one from each county; and

(12) 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 of Hawaii 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[.], 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 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 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 incentives, such as scholarships, grants, and loans, including specific programs designed to meet workforce needs, such as science, technology, engineering, and math scholarships or loan forgiveness plans.

(d) The commission shall have the authority to evaluate Hawaii's elementary and secondary public schools, including their ability to prepare Hawaii's students for post-secondary education.

(e) The commission shall have the authority to review and recommend policies that increase the rate of students pursuing post-secondary education."

SECTION 5. Section 204A-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[,] of Hawaii, the department of education, [~~and~~] the department of commerce and consumer affairs[.], the department of business, economic development, and tourism, 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, 2008. The commission members serving on June 30, 2008 shall continue their duties until the new commission as constituted by this Act is appointed.

INTRODUCED BY:

_____________________________

BY REQUEST

THE SENATE	S.B. NO.	2994
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII