THE SENATE

S.B. NO.

1388

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to the research corporation of the university of hawaii.

 

 

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

 

     SECTION 1.  The legislature finds that concerns have been raised as to whether the research corporation of the University of Hawaii and its board of directors have been given a broader range of authority and flexibility than originally intended.

     The purpose of this Act is to clarify the role of the research corporation of the University of Hawaii and its board of directors, as well as the relationship between the board of directors and the University of Hawaii system.

     SECTION 2.  Section 304A-3002, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§304A-3002[]]  Board of directors; composition.  The affairs of the research corporation shall be under the general management and control of the board of directors.  The board of directors shall consist of [ten] eight members.  [Five] Two members of the board of regents of the University of Hawaii, selected by the board of regents, shall be members of the board of directors for terms to be determined by the board of regents; provided that the two members selected by the board of regents shall be subject to the advice and consent of the senate; provided further that no term shall extend beyond the term as a member of the board of regents.  [The remaining five] Five members shall be appointed by the governor pursuant to section 26-34[.]; provided that:

     (1)  One member shall be a University of Hawaii system research faculty member;

     (2)  One member shall be from the business sector;

     (3)  One member shall be a representative of a non-University of Hawaii research organization; and

     (4)  Two members shall be from the general public.

     All the members appointed by the governor shall serve for a term of four years, except that the governor may reduce the terms of those initially appointed so as to provide, as nearly as can be, for the expiration of an equal number of terms at intervals of one year, each term commencing on July 1 and expiring on June 30.  The vice president for research of the University of Hawaii system shall be a non-voting ex officio member of the board of directors.  All members of the board of directors shall serve without pay, but shall be entitled to reimbursement for necessary expenses while attending meetings and while in the discharge of duties and responsibilities.

     The members of the board of directors shall elect the chairperson of the board."

     SECTION 3.  Section 304A-3005, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§304A-3005[]]  Research corporation excepted from certain state laws.  To carry out the purposes and objectives of the research corporation, including the conduct of research and training projects, the research corporation shall be granted flexibility in hiring its personnel and in handling and disbursing moneys by being excepted from the following state laws:

     (1)  Sections 36-27 and 36-30, relating to special fund reimbursements to the state general fund;

     (2)  Chapter 103D, relating to advertising for bids and purchases to be made in Hawaii whenever public moneys are expended; provided that the exemption shall be limited to contracts that are directly related to research, and contracts for investigations, training, and studies that are directly related to research, with a total estimated value of $           or less;

     (3)  Chapter 76, relating to civil service; and

     (4)  Section 78-1, relating to public employment."

     SECTION 4.  Section 304A-3006, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§304A-3006[]]  Officers and employees of the research corporation.  [The president of the university shall be the president of the research corporation.] The board of directors shall employ an executive director of the research corporation who shall serve at the pleasure of the board of directors.  The executive director's salary shall not be more than the salary of the highest paid head of a department within the executive branch.  The [board of directors] executive director may [also appoint such other] hire officers and employees as may be necessary in administering the affairs of the research corporation.  The [board of directors] executive director shall set the employees' duties, responsibilities, salaries, holidays, vacations, leaves, hours of work, and working conditions.  The [board of directors] executive director may grant such other benefits to its employees as it deems necessary.  Employees of the research corporation shall not be entitled to any benefits conferred under chapter 76 relating to civil service, chapter 78 relating to public service, chapter 88 relating to pension and retirement systems, and the appropriate collective bargaining agreement, executive order, executive directive, or rule.  The board of directors shall not engage in the daily management or operation of the research corporation."

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Research Corporation of the University of Hawaii; University of Hawaii Board of Regents; Procurement; Board of Directors

 

Description:

Reduces the number of members of the board of directors of the research corporation of the University of Hawaii from ten to eight members.  Reduces the number of members of the board of directors that must be members of the board of regents from five to two and makes them subject to the advice and consent of the senate.  Specifies the qualifications of the five members to be selected by the governor.  Adds the vice president for research of the University of Hawaii system as an ex officio member of the board of directors.  Amends section 304A-3005, HRS, to provide that the research corporation's exemption from the procurement requirements of chapter 103D, HRS, applies only for contracts that are directly related to research, and contracts for investigations, training, and studies that are directly related to research, with a total estimated value of an unspecified dollar amount or less.  Removes the university president's authority to serve as the president of the research corporation.  Authorizes the board of directors to employ an executive director of the research corporation.  Caps the executive director's salary at the salary of the highest paid head of a department within the executive branch.  Authorizes the executive director rather than the board of directors to hire and oversee necessary officers and employees.  Specifies that the board of directors shall not engage in the daily management and operation of the research corporation.

 

 

 

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