THE SENATE	S.B. NO.	1395
THIRTY-FIRST LEGISLATURE, 2021		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO BOARDS AND COMMISSIONS.

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

SECTION 1. The legislature finds that state boards and commissions provide an opportunity for a cross-section of Hawaii's residents to offer vital input and provide a means of influencing decisions that shape the quality of life for the residents of Hawaii. The governor nominates and appoints more than one hundred and seventy board and commission positions established by the State of Hawaii Constitution, state statutes, and executive orders. While the term for most boards and commissions is four years, some terms vary depending upon the board or commission.

The legislature finds that it is imperative that members of boards and commissions are appropriately and timely nominated and appointed to enable the boards and commissions to meet and conduct business. The purpose of this Act is to require the governor to appoint an individual to fill a vacancy in any board or commission within an established period of time.

SECTION 2. Section 26-34, Hawaii Revised Statutes, is amended by amending subsections (a) through (c) to read as follows:

"(a) The members of each board and commission established by law shall be nominated and, by and with the advice and consent of the senate, appointed by the governor. The governor shall appoint individuals to fill vacancies occurring in the membership of boards and commissions within       days upon the expiration of a member's term. Unless otherwise provided by this chapter or by law hereafter enacted, the terms of the members shall be for four years; provided that the governor may reduce the terms of those initially appointed so as to provide, as nearly as can be, for the expiration of an equal number of terms at intervals of one year for each board and commission. Unless otherwise provided by law, each term shall commence on July 1 and expire on June 30, except that the terms of the chairpersons of the board of agriculture, the board of land and natural resources, and the Hawaiian homes commission shall commence on January 1 and expire on December 31. No person shall be appointed consecutively to more than two terms as a member of the same board or commission; provided that membership on any board or commission shall not exceed eight consecutive years.

(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] for a period exceeding       days following the expiration of the member's term of office[.] pursuant to subsection (a); provided further that upon the expiration of the holdover member's term under subsection (a), a vacancy is created on the board or commission that shall be subject to the advice and consent of the senate as provided in subsection (a).

(c) A vacancy occurring in the membership of any board or commission during a term shall be [filled]:

(1) Promptly reported to the governor by the head of the department in which the board or commission is placed or administratively attached; and

(2) Filled for the unexpired term thereof, subject to Article V, section 6 of the Constitution of the State."

SECTION 3. Section 30-4, Hawaii Revised Statutes, is amended to read as follows:

"[[]§30-4[]] Duties of outgoing governor. It shall be incumbent upon the outgoing governor to:

(1) Provide channels enabling the governor-elect to:

(A) Inform career civil servants of governor-elect's program goals and new policies;

(B) Effect communication channels with the administration of the governor. The governor-elect may obtain information from the governor's administration by circulating questionnaires or by other means. Information sought may include any questions [which] that will effect the intent of the legislature in enacting this legislation, as expressed in section 30-1. [Such] The contacts may also include inquiries designed to elicit descriptions of programs, recommendations, and justifications for elimination, curtailment, or expansion of services, projections of future developments or needs within program areas, recommendations for administrative changes, comments upon anticipated federal developments [which] that might have program or budgetary implications for state programs, and elaboration of procedural details[.]; and

(C) Appoint individuals to fill vacancies occurring in the membership of boards and commissions within       days after a member's term has expired. The governor shall provide the governor-elect with an up-to-date list of information on boards' and commissions' memberships, terms of service, and any pending vacancies; and

(2) Direct that official documents, vital information, and procedural manuals be given to the governor-elect upon the governor-elect's request."

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.

Report Title:

Boards and Commissions; Vacancy; Governor

Description:

Requires the governor to appoint an individual to fill a vacancy within all boards and commissions within an unspecified period of time. Requires that holdover appointments are limited to an unspecified period of time, thereby creating a vacancy at the end of the holdover period. Requires department heads to inform the governor of any vacancy in any board or commission. (SD1)

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