STAND. COM. REP. NO.  136-08

Honolulu, Hawaii

                , 2008

RE:   H.B. No. 3226

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committee on Higher Education, to which was referred H.B. No. 3226 entitled:

"A BILL FOR AN ACT RELATING TO THE UNIVERSITY OF HAWAII,"

begs leave to report as follows:

     The purpose of this bill is to improve the operations of the candidate advisory council for the University of Hawaii (UH) Board of Regents (Board), established pursuant to Act 56, Session Laws of Hawaii 2007, and therefore improve the governance of UH, by:

     (1)  Clarifying that the name of the candidate advisory council is the "Regents Candidate Advisory Council" (Council);

     (2)  Requiring a Board member, except the student member, to reside in the geographic area represented by the member;

     (3)  Requiring the Governor to notify the Council of vacancies on the Board within ten days of receiving notification that a Board member is resigning or has died, or of removal by the Governor;

     (4)  Requiring the submission of candidates within 60 days of a vacancy on the Board that arises by resignation, death, or removal by the Governor;

     (5)  Clarifying that the Council is to submit the names of candidates to the Governor;

     (6)  Making confidential all information required by the Council, including information obtained, reviewed, or considered before and after decision-making on the Council; and

     (7)  Appropriating funds to establish a permanent administrative position for the Council.

     The Regents Candidate Advisory Council testified in support of this bill.  The Office of Information Practices offered comments.

     Your Committee has amended this bill by:

     (1)  Clarifying that the information to be kept confidential is information concerning potential candidates that is not of public record; provided that the information relating to a candidate who is appointed by the Governor shall be disclosed;

     (2)  Changing the effective date to July 1, 2020, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for clarity, consistency, and style, including amendments to the purpose language.

     As affirmed by the record of votes of the members of your Committee on Higher Education that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 3226, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 3226, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Higher Education,

____________________________

JERRY L. CHANG, Chair