STAND. COM. REP. NO. 939

Honolulu, Hawaii

RE: S.B. No. 1395

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 1395, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO BOARDS AND COMMISSIONS,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Require the Governor to appoint an individual to fill a vacancy within all boards and commissions within an unspecified period of time;

(2) Require that holdover appointments are limited to an unspecified period of time, thereby creating a vacancy at the end of the holdover period; and

(3) Require department heads to inform the Governor of any vacancy on any board or commission.

Your Committee received testimony in support of this measure from two individuals.

Your Committee finds that state boards and commissions provide a vital opportunity for a cross-section of Hawai‘i's residents to offer input and influence decisions that shape the quality of life throughout the State. Your Committee further finds that the Governor nominates and appoints more than one hundred and seventy board and commission positions established by the Hawaii State Constitution, Hawaii Revised Statutes, and executive orders, and that without timely appointments to fill vacancies, the ability of these boards and commissions to conduct business would be negatively impacted. Your Committee further finds that it is imperative that members of boards and commissions are appropriately and timely nominated and appointed to enable boards and commissions to meet and conduct business.

Your Committee has amended this measure by:

(1) Requiring the Governor to appoint an individual to fill a vacancy within all boards and commissions within one hundred eighty days;

(2) Requiring that holdover appointments are limited to one hundred eighty days; and

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

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1395, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1395, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair