THE SENATE	S.B. NO.	533
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII

A BILL FOR AN ACT

relating to state boards and commissions.

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

SECTION 1. The legislature finds that existing law permits a member of a state board or commission to continue as a holdover member until a successor is nominated and appointed. However, clarification in the law is needed to address situations where a board or commission member's nomination for reappointment is withdrawn by the governor, before the senate has an opportunity to complete the advise and consent process. In these situations, if a member's nomination for reappointment has been withdrawn by the governor for cause, that nominee should not then be able to continue as a holdover member on a board or commission.

Accordingly, the purpose of this Act is to clarify that any member of a state board or commission, whose nomination for reappointment is withdrawn by the governor for cause prior to the senate's action to advise and consent or not advise and consent, the member shall be considered disqualified and ineligible to continue to serve as a holdover member beyond the member's most recent term of appointment.

SECTION 2. Section 26-34, Hawaii Revised Statutes, is amended by amending subsection (b) 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 regular legislative session following the expiration of the member's term of office[.]; provided further that any member whose nomination for appointment or reappointment is withdrawn by the governor for cause prior to being voted on by the senate to advise and consent or not advise and consent, that member shall be considered disqualified and in the case of the nomination for reappointment be ineligible to continue to serve as a holdover member beyond the member's most recent term of appointment."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2019.

INTRODUCED BY:

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Report Title:

Boards and Commissions; Holdover Members; Qualifications

Description:

Clarifies that any member of a state board or commission, whose nomination for appointment or reappointment is withdrawn by the governor for cause prior to the senate's action to advise and consent or not advise and consent, shall be considered disqualified and in the case of the nomination for reappointment be ineligible to continue to serve as a holdover member beyond the member's most recent term of appointment.

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