STAND. COM. REP. NO. 68-20

Honolulu, Hawaii

, 2020

RE: H.B. No. 2169

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Lower & Higher Education, to which was referred H.B. No. 2169 entitled:

"A BILL FOR AN ACT RELATING TO THE REGENTS CANDIDATE ADVISORY COUNCIL,"

begs leave to report as follows:

The purpose of this measure is to temporarily transfer the Candidate Advisory Council for the Board of Regents of the University of Hawaii (Council) from the University of Hawaii to the Office of the Governor.

Your Committee received comments from the Department of the Attorney General.

Your Committee finds that the purpose of the Council is to recruit, evaluate, and present to the Governor qualified candidates for nomination to a vacant seat on the Board of Regents. This measure temporarily transfers the Council from the University of Hawaii to the Office of the Governor, makes housekeeping amendments related to the Council, and repeals on June 30, 2024.

Your Committee has amended this measure by:

(1) Changing its effective date to July 1, 2050; and

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

Should the Committee on Judiciary decide to hear this measure, your Committee respectfully requests that it consider the concerns raised by the Department of the Attorney General regarding:

(1) The placement of the Council outside of a principal department;

(2) Clarification as to the number of voting members the Council is entitled to, as quorum to do business or validate any act is based on the total number of members to which the Council is entitled; and

(3) The transition from the existing seven-member Council to the newly comprised three-member Council and whether without transition language, there may not be a sufficient number of members to constitute quorum upon the effective date of this measure.

As affirmed by the record of votes of the members of your Committee on Lower & Higher Education that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2169, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2169, H.D. 1, and be referred to your Committee on Judiciary.

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

____________________________

JUSTIN H. WOODSON, Chair