SB1450.DOC

SECTION 1. Section 26-11, Hawaii Revised Statutes, is amended to read as follows:

"§26-11 University of Hawaii. (a) The University of Hawaii shall be headed by an executive board to be known as the board of regents.

The board shall consist of [~~fifteen~~] nineteen members. At least [~~one member~~] five members shall be [a] students of the University of Hawaii [~~student~~] system at the time of [~~the~~] their initial appointment[.] as follows:

(1) One student member shall represent the University of Hawaii at Manoa;

(2) One student member shall represent the University of Hawaii, West Oahu;

(3) One student member shall represent the University of Hawaii at Hilo;

(4) One student member shall represent the University of Hawaii community college system; and

(5) One student member shall be appointed at-large.

[~~This~~] Each student member may be reappointed for one additional term even though the member may no longer be a student at the time of reappointment. The governor shall reduce the terms of those initially appointed to each seat on the board of regents to provide, as far as practicable, for the expiration of three terms each year; provided that the term of the student member shall not be reduced.

(b) At least twelve members, except for the student [~~member,~~] members, shall represent and reside in the specified geographic areas as follows:

(1) Two members from the county of Hawaii;

(2) Two members from the county of Maui;

(3) One member from the county of Kauai; and

(4) Seven members from the city and county of Honolulu.

The board shall have the power, in accordance with the Hawaii constitution and with law, to formulate policy and to exercise control over the university through its executive officer, the president of the university. The board shall have exclusive jurisdiction over the internal organization and management of the university.

[~~(b)~~] (c) The board of regents shall appoint and may remove an executive officer to be known as the president of the University of Hawaii.

The University of Hawaii as heretofore constituted as a body corporate is continued as the University of Hawaii established by this chapter."

SECTION 2. Section 304A-104, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) 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 [~~fifteen~~] nineteen members who shall be appointed and may be removed by the governor[.]; provided that five of the members shall be student members. Four student members shall represent the University of Hawaii at Manoa, University of Hawaii – West O‘ahu, University of Hawaii at Hilo, and the community college system, respectively. One student member shall serve as a member at-large. 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~~] members 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 State 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~~] seventeen of the [~~fifteen~~] nineteen 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."

SECTION 3. Section 304A-104.5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) In making its presentations, the regents candidate advisory council shall:

(1) Develop a statement that includes the selection criteria to be applied and a description of the responsibilities and duties of a member of the board of regents and distribute this statement to potential candidates;

(2) Screen and qualify candidates for each position on the board of regents based on their background, experience, and potential for discharging the responsibilities of a member of the board of regents;

(3) Publicly advertise pending vacancies and actively solicit and accept applications from potential candidates;

(4) Develop and implement a fair, independent, and nonpartisan procedure for selecting candidates to serve on the board of regents;

(5) Ensure student involvement by establishing a student advisory group composed of:

(A) The senior student affairs officer of the University of Hawaii system;

(B) No fewer than three student representatives from the University of Hawaii student caucus who shall represent, to the maximum extent possible, the interests of the various University of Hawaii campuses on each island; and

(C) No fewer than three student life advisors who shall represent, to the maximum extent possible, the interests of the various University of Hawaii campuses on each island,

who shall work with and assist the regents candidate advisory council to recruit and evaluate candidates for the student [~~member~~] members of the board of regents and make recommendations to the regents candidate advisory council based on the qualifications of the candidates applying for the position; and

(6) Require each candidate to disclose any existing or anticipated contracts with the University of Hawaii or any existing or anticipated financial transactions with the University of Hawaii.

Upon submission of the names of candidates to the governor, the regents candidate advisory council shall make available the names of candidates to the public through the University of Hawaii."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1450
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII