STAND. COM. REP. NO. 2194

Honolulu, Hawaii

RE: S.R. No. 134

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Higher Education, to which was referred S.R. No. 134 entitled:

"SENATE RESOLUTION REQUESTING THE WILLIAM S. RICHARDSON SCHOOL OF LAW TO CONVENE A TASK FORCE TO STUDY AND REPORT ON A LOAN FORGIVENESS PROGRAM FOR LAW STUDENTS TO PROVIDE INCENTIVES FOR LEGAL ASSISTANCE IN RURAL COMMUNITIES IN HAWAII,"

begs leave to report as follows:

The purpose and intent of this measure is to request the William S. Richardson School of Law to convene a task force to study and report on a loan forgiveness program for law students to provide incentives for legal assistance in rural communities in Hawaii.

Your Committee received testimony in support of this measure from the Oahu County Committee of the Oahu County Democrats.

Prior to the hearing on this measure, your Committee posted and made available for public review a proposed S.D. 1, which deletes the contents of this measure and inserts language that:

(1) Discusses provisions and concerns related to public agency meetings and records, including public notice requirements for the University of Hawaii Board of Regents; and

(2) Urges the University of Hawaii Board of Regents to follow and abide by the public notice requirements for its meetings and to record more detailed minutes of its meetings.

Your Committee received testimony in support of the proposed S.D. 1 from one individual. Your Committee received comments on the proposed S.D. 1 from the Office of the Board of Regents of the University of Hawai‘i and The Civil Beat Law Center for the Public Interest.

Your Committee finds that the affairs of the University of Hawaii fall under the general management and control of the Board of Regents, who have exclusive jurisdiction over the internal structure, management, and operation of the university. While the Board of Regents has jurisdiction over certain matters, the Hawaii State Constitution is clear that the Legislature maintains its jurisdiction over matters of statewide concern, including adherence to the State's Sunshine Law. Therefore, it is critical that the Board of Regents consistently follow public notice requirements and provide sufficient details as to what transpired at the meeting to ensure transparency and public accountability regarding its decisions related to the management and operations of the University of Hawaii.

Your Committee has amended this measure by adopting the proposed S.D. 1 and further amending the measure by:

(1) Urging the University of Hawaii Board of Regents to consider posting hearing notices for its meetings earlier than the minimum number of days required, including but not limited to at least six full days;

(2) Amending the title in accord with its amended purpose; and

(3) Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Higher Education that is attached to this report, your Committee concurs with the intent and purpose of S.R. No. 134, as amended herein, and recommends its adoption in the form attached hereto as S.R. No. 134, S.D. 1.

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

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DONNA MERCADO KIM, Chair