SB919 SD1

SECTION 1. The legislature finds that the composition and term limits of members of the board of regents of the University of Hawaii is a matter of statewide concern that falls under its purview pursuant to article X, section 6, of the Hawaii State Constitution

The purpose of this Act is to amend the composition and term length of the members of the board of regents of the University of Hawaii.

SECTION 2. Section 26-11, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(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~~] nine members. At least one member shall be a University of Hawaii student at the time of the initial appointment. [~~This 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.

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

(1) Two members from the county of Hawaii[;], with one member from east Hawaii and one member from west Hawaii;

(2) [~~Two members~~] One member from the county of Maui;

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

(4) [~~Seven~~] Four members from the city and county of Honolulu[.]; provided that of the four members, two members shall represent and reside in the first congressional district of the State and the other two members shall represent and reside in the second congressional district of the State.

The student member shall be the student body president, or its equivalent, from one of the various University of Hawaii campuses; provided that this appointment shall rotate every two years among the student body president from the University of Hawaii at Manoa, University of Hawaii at Hilo, or University of Hawaii West-Oahu and the student body president, or its equivalent, from a campus among the University of Hawaii community college system.

At least one member shall have demonstrated expertise in native Hawaiian traditional and customary practices.

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. The board shall hold the president of the university and university administration accountable for decisions, actions, and leases that incur additional costs to the university."

SECTION 3. 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. The board shall consist of [~~fifteen~~] nine members who shall be appointed by the governor from lists of qualified candidates presented to the governor by the candidate advisory council, pursuant to section 304A-104.6, and shall be confirmed by the senate; provided that if the list of qualified candidates includes fewer than three candidates at any time during the nomination and confirmation process, the governor may request that the candidate advisory council reopen recruitment for qualified candidates. Members 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~~] four 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 as a holdover member 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[.]; provided that, notwithstanding any law to the contrary, a holdover member shall not serve as a member of the board beyond the end of the first regular legislative session following the expiration of the member's term. Members shall serve no more than two consecutive [~~five-year~~] four-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~~] four-year terms. If a member is to be appointed to a second term of [~~five~~] four 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~~] four-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~~] four-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) In determining whether to confirm the governor's nominee to the board of regents, the senate shall consider the combination of abilities, breadth of experiences, and characteristics of the board of regents, as a whole, that will best serve the diverse interests and needs of the students of the university system and assist the university system in achieving its strategic goals and performance indicators. The senate shall consider whether the board reflects the diversity of the student population, the various counties of the State, and a broad representation of higher education-related stakeholders.

(c) At its first meeting after June 30 of each year, the board of regents shall elect a chairperson and one or more vice-chairpersons who shall serve until the adjournment of the first meeting of the board of regents after June 30 of the next year, or thereafter until their successors are elected; provided that the chairperson and vice chairpersons shall not be elected prior to the taking of office of regents whose terms shall begin on July 1 of that year. 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. 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.

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

(e) 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.

(f) No rule or law shall prohibit discussions between members of the state legislature and one or more members of the board. No board member shall be required to seek permission from any person or agency prior to engaging in any discussion with members of the state legislature."

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.

THE SENATE	S.B. NO.	919
THIRTIETH LEGISLATURE, 2019		S.D. 1
STATE OF HAWAII