Report Title:

Boards and Commissions; Communication with the Legislature

Description:

Maintains a policy of open communications with boards and commissions when a department director is considering invoking their rights under section 26-35(a)(1), HRS, to represent a board or commission before the legislature.  (SD2)

THE SENATE	S.B. NO.	868
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO BOARDS AND COMMISSIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that paragraph 26‑35(a)(1), Hawaii Revised Statutes, allows a department director to represent the boards and commissions established or placed in the department when communicating with the legislature.  For many boards and commissions, the executive director, board chair, or commission chair submits testimony or communications to the legislature.

     There have been times when a board or commission may have views or opinions that differ from the department director or governor.  At these times, the director may not be the appropriate representative for the board or commission, particularly if paragraph 26-35(a)(1), Hawaii Revised Statutes, is being invoked.

     The legislature further finds that boards and commissions often provide valuable information in policy discussions.  The purpose of this Act is to maintain open communications with boards and commissions when a director is considering invoking paragraph 26-35(a)(1), Hawaii Revised Statutes.

     SECTION 2.  Section 26-35, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Whenever any board or commission is established or placed within or transferred to a principal department for administrative purposes or subject to the administrative control or supervision of the head of the department, the following provisions shall apply except as otherwise specifically provided by this chapter:

     (1)  The head of the department shall represent the board or commission in communications with the governor and with the legislature[.]; unless the legislature or a legislative committee requests to communicate directly with the board or commission;

     (2)  The financial requirements from state funds of the board or commission shall be submitted through the head of the department and included in the budget for the department[.];

     (3)  All rules [and regulations] adopted by the board or commission shall be subject to the approval of the governor[.];

     (4)  The employment, appointment, promotion, transfer, demotion, discharge, and job descriptions of all officers and employees of or under the jurisdiction of the board or commission shall be determined by the board or commission subject to the approval of the head of the department and to applicable personnel laws[.];

     (5)  All purchases of supplies, equipment, or furniture by the board or commission shall be subject to the approval of the head of the department[.];

     (6)  The head of the department shall have the power to allocate the space or spaces available to the department and which are to be occupied by the board or commission[.];

     (7)  Any quasi-judicial functions of the board or commission shall not be subject to the approval, review, or control of the head of the department[.]; and

     (8)  Except as set forth hereinabove, the head of the department shall not have the power to supervise or control the board or commission in the exercise of its functions, duties, and powers."

     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, 2008.