STAND. COM. REP. NO. 43

Honolulu, Hawaii

RE: S.B. No. 919

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.B. No. 919 entitled:

"A BILL FOR AN ACT RELATING TO THE UNIVERSITY OF HAWAII BOARD OF REGENTS,"

begs leave to report as follows:

The purpose and intent of this measure is to amend the composition of the Board of Regents of the University of Hawaii by reducing the number of board members from fifteen members to seven members and shortening term lengths from five years to three years.

Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs.

Your Committee finds that the affairs of the University of Hawaii fall under the general management and control of the Board of Regents. The Board formulates policy and exercises control over the university through its executive officer, the President of the university, and has exclusive jurisdiction over the internal structure, management, and operation of the university. However, your Committee also finds that certain matters of the University of Hawaii are matters of statewide concern as contemplated under Article X, Section 6, of the Hawaii State Constitution.

Your Committee further finds that the University of Hawaii and the State are best served by reassessing and seriously considering making significant changes to the composition and responsibilities of the Board of Regents to ensure accountability and transparency for the university, its students, and the public.

Your Committee has amended this measure by:

(1) Amending the composition of the Board of Regents of the University of Hawaii by:

(A) Increasing the number of board members from seven members to nine members;

(B) Removing the at-large member from the Board;

(C) Restoring the number of board members from the County of Hawaii to two members and specifying that, of the two members, one member shall be from east Hawaii and one member shall be from west Hawaii;

(D) Increasing the number of board members from the City and County of Honolulu from two members to four members, of which two members shall represent and reside in the first congressional district and the other two members shall represent and reside in the second congressional district; and

(E) Requiring that at least one member of the Board shall have demonstrated expertise in native Hawaiian traditional and customary practices;

(2) Requiring the Board of Regents to hold the President of the University of Hawaii and university administration accountable for decisions, actions, and leases that incur additional costs to the university;

(3) Increasing the term length of board members from three years to four years;

(4) Specifying that a member of the Board of Regents whose term has expired and continues to serve on the Board as 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;

(5) Specifying that no law or rule shall prohibit discussions between one or more members of the Board of Regents and members of the Legislature; and

(6) Specifying that no member of the Board of Regents shall be required to seek permission prior to engaging in any discussions with members of the Legislature.

As affirmed by the record of votes of the members of your Committee on Higher Education that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 919, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 919, S.D. 1, and be referred to your Committee on Ways and Means.

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

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DONNA MERCADO KIM, Chair