SB473.DOC

SECTION 1. Section 26-31, Hawaii Revised Statutes, is amended to read as follows:

"§26-31 Selection and terms of single executives as heads of departments. (a) Except as otherwise provided by the Constitution of the State or by this chapter, each principal department shall be headed by a single executive, who shall be nominated and, by and with the advice and consent of the senate, appointed by the governor, for a term to expire at the end of the term for which the governor was elected.

(b) A vacancy occurring during a term shall be filled for the unexpired balance of the term, subject to the provisions of [~~Article~~] article V, section 6 of the Constitution of the State. Where a vacancy occurs during a term, the governor shall nominate a candidate to fill the vacancy not later than thirty calendar days after the convening of the next regular session of the legislature following the creation of the vacancy.

(c) The governor may remove a single executive from office at any time, except that the removal of the attorney general shall be subject to the advice and consent of the senate."

SECTION 2. Section 26-33, Hawaii Revised Statutes, is amended to read as follows:

"§26-33 Performance of duties of vacant office. (a) In the event of a vacancy in any office for which the governor has the power of appointment or nomination, the governor [~~may~~] shall designate some other officer or employee of the State to perform the duties of the vacant office until the office is filled[.] pursuant to section 26-31 or section 26-34. The authority derived from this section shall not continue for a longer period than sixty days after the vacancy occurs. If the governor fails to designate an officer or employee to perform the duties of the vacant office or if the designee's authority expires before the vacant office is filled pursuant to section 26-31 or section 26-34, the duties of the vacant office shall be performed:

(1) In the department of the attorney general, by the highest ranking deputy attorney general;

(2) In the department of defense, by the highest ranking general officer serving in the department on a full-time basis, or, if there is none, then by the highest ranking field grade officer serving in the department on a full-time basis;

(3) In all other departments, by the division head with the highest seniority;

(4) On all boards and commissions subject to section 26-34 that function as the head of an agency, by the division head with the highest seniority; and

(5) On all other boards and commissions, notwithstanding section 78-4, by the executive officer or administrator assigned to the board or commission.

(b) An officer or employee designated to perform the duties of a vacant office shall[~~, so long as the authority continues,~~] receive the compensation attached to the vacant office, or the compensation attached to the officer's or employee's regular office or employment, whichever is the higher[.], for so long as the authority to perform the duties of the vacant office continues.

(c) The authority of an officer or employee designated under this section to perform the duties of a vacant office shall continue until a permanent appointment is made by the governor and confirmed by the senate under section 26-31 or section 26-34.

(d) This section shall not apply to the board of regents of the University of Hawaii or the judicial selection commission."

SECTION 3. Section 26-34, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

"(b) Any member of a board or commission whose term has expired and who is not disqualified for membership under subsection (a) may continue in office as a holdover member until a successor is nominated and appointed; provided that a holdover member shall not hold office beyond the end of the [~~second~~] next regular legislative session following the expiration of the member's term of office.

(c) A vacancy occurring in the membership of any board or commission during a term shall be filled for the unexpired term thereof, subject to [~~Article~~] article V, section 6 of the Constitution of the State[.] and section 26-33."

SECTION 4. Section 304A-104, Hawaii Revised Statutes, is amended to read as follows:

"§304A-104 Regents; appointment; tenure; qualifications; meetings. (a) The affairs of the university shall be under the general management and control of the board of regents consisting of fifteen members who shall be appointed and may be removed by the governor. Except as otherwise provided by law, state officers shall be eligible for appointment and membership. The term of each member shall be five years, except as provided for the initial appointment in section 26-11; provided that the term of the student member shall be two years. [Every member may serve beyond the expiration date of the member's term of appointment until the member's successor has been appointed by the governor and confirmed by the senate in accordance with article X, section 6 of the Hawaii Constitution.] Members shall serve no more than two consecutive five-year terms; provided that the members who are initially appointed to terms of two years or less pursuant to section 26-11(a) may be reappointed to two ensuing five-year terms. If a member is to be appointed to a second term of five years, the senate shall consider the question of whether to reconfirm the member [at least one hundred twenty days prior to the conclusion of a member's first five-year term; provided that if the senate is not in session within one hundred twenty days prior to the conclusion of the member's first five-year term, the member shall continue to serve until the senate convenes for the next regular session or the next special session for which the senate is authorized to consider the question of reconfirmation].

(b) At its first meeting after June 30, the board of regents shall elect a chairperson and vice-chairperson, who shall serve until adjournment of its first meeting after June 30 of the next year or thereafter until their successors are appointed. The board shall appoint a secretary, who shall not be a member of the board. The president of the university shall act as executive officer of the board. From May 1, 2007 and until such time that the board of regents has at least fourteen members, seven members of the board of regents shall constitute a quorum to conduct business, and the concurrence of at least seven members of the board of regents shall be necessary to make any action of the board of regents valid; provided that upon filling at least fourteen of the fifteen board of regents seats required under subsection (a), a majority of the board of regents shall constitute a quorum to conduct business, and the concurrence of a majority of all the members to which the board of regents is entitled shall be necessary to make any action of the board of regents valid. The board shall meet at least ten times annually and, from time to time, may meet in each of the counties of Hawaii, Maui, and Kauai.

(c) The governor shall notify the regents candidate advisory council in writing within ten days of receiving notification that a member of the board of regents is resigning, has died, or is being removed by the governor.

(d) The members of the board of regents shall serve without pay but shall be entitled to their travel expenses within the State when attending meetings of the board or when actually engaged in business relating to the work of the board."

SECTION 5. Section 371-4, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) There is created a labor and industrial relations appeals board composed of three members nominated and, by and with the advice and consent of the senate, appointed by the governor for terms of ten years each, except that the terms of members first appointed shall be for six, eight, and ten years respectively as designated by the governor at the time of appointments. The governor shall designate the chairperson of the board, who shall be an attorney at law licensed to practice in all of the courts of this State. Each member shall hold office until the member's successor is appointed and qualified[.] through nomination and, by and with the advice and consent of the senate, appointment by the governor. Because cumulative experience and continuity in office are essential to the proper handling of appeals under workers' compensation law and other labor laws, it is hereby declared to be in the public interest to continue board members in office as long as efficiency is demonstrated. The members shall devote full time to their duties as members of the board. Effective July 1, 2005, the chairperson of the board shall be paid a salary set at eighty-seven per cent of the salary of the director of labor and industrial relations, and the salary of each of the other members shall be ninety-five per cent of the chairperson's salary."

2. By amending subsection (e) to read:

"(e) If any member of the board is unable to act because of absence, temporary disability, or disqualification, the governor [~~may make a temporary appointment and the appointee shall have all the powers and duties of a regular member of the board.~~] shall designate some other officer or employee of the State to perform the duties of the vacant office until the office is filled through nomination and, by and with the advice and consent of the senate, appointment by the governor. The authority derived from this section shall not continue for a period longer than sixty days after the vacancy occurs. If the governor fails to designate an officer or employee to perform the duties of the vacant office or if the designee's authority expires before the vacant office is filled through nomination and, by and with the advice and consent of the senate, appointment by the governor, the duties of the vacant office shall be performed by the division head with the highest seniority within the department."

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

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	473
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII