SB617

SECTION 1. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to part I 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 no fewer than two and no more than four candidates for each seat on the board of regents within:

(1) Thirty days of a vacancy; or

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

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

(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 of regents; and

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

(d) Provisions to the contrary notwithstanding, in order to provide continuity for the board of regents, the governor may recommend to the governor's candidate advisory council the reappointment of board of regents members, subject to senate confirmation.

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

Appointees to the governor's candidate 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, have achieved a high level of prominence in their professions, and are respected by the community.

(f) Members of the governor's candidate advisory council shall serve four-year terms; coterminous with the governor.

(g) If a vacancy occurs, a successor shall be appointed in the same manner 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.

(h) The governor's candidate advisory council shall operate in a wholly nonpartisan manner. No member of the governor's candidate advisory council shall run for or hold any elected office of the State, or its political subdivisions. Any member of the governor's candidate advisory council who decides to run for an elected office of the State, or its political subdivisions, shall resign from the governor's candidate advisory council prior to filing nomination papers.

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

(j) Members of the governor's candidate advisory 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 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 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.~~] from pools of qualified candidates presented to the governor by the governor's candidate advisory council."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2007.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	617
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII