THE SENATE

S.B. NO.

3155

THIRTY-FIRST LEGISLATURE, 2022

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE UNIVERSITY OF HAWAII BOARD OF REGENTS.

 

 

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

 

     SECTION 1.  The legislature finds that Act 172, Session Laws of Hawaii 2019, reduced the number of members of the board of regents of the University of Hawaii from fifteen to eleven.  As such, the number of members whose terms will expire in the coming years is not evenly distributed and may result in sudden losses of institutional knowledge and experience.  This necessitates realignment of the terms of members appointed by the governor until an equitable number of terms expire each year.  Because each member's term, with the exception of the student member, is five years, two terms should expire each year to provide for consistency and equity.

     The legislature further 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 bill is to:

     (1)  Reduce the number of board of regents members from eleven to nine;

     (2)  Amend the composition of the board of regents to reflect the reduction of members;

     (3)  Provide for the expiration of two terms of members of the board of regents each year, instead of three; and

     (4)  Require the governor to adjust the terms of members appointed to the board of regents until the number of terms set to expire each year is two, not including the student member.

     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 [eleven] nine members.  At least one member shall be a University of Hawaii student at the time of the initial appointment.  The governor [shall] may 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] two terms each year; provided that the term of the student member shall not be reduced.

     The members, except for the student member, shall represent and reside in the specified geographic areas as follows:

     (1)  [Two members] One member from the county of Hawaii;

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

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

     (4)  [Five members] One member from the city and county of Honolulu[.]; and

     (5)  Five at-large members.  The five at-large members shall be appointed as follows:

          (A)  Two at-large members selected from a list of three names submitted to the governor by the speaker of the house of representatives;

          (B)  Two at-large members selected from a list of three names submitted to the governor by the president of the senate; and

          (C)  One at-large member selected by the governor.

     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."

     SECTION 3.  The governor shall adjust the terms of members appointed to the board of regents as follows:

     (1)  The seats with terms that expire on June 30, 2022, shall be filled by one member appointed to a five-year term and one member appointed to a two-year term;

     (2)  The seats with terms that expire on June 30, 2023, shall be filled by one member appointed to a five-year term and one member appointed to a two-year term;

     (3)  The seats with terms that expire on June 30, 2025, shall be filled by one member appointed to a five-year term and one member appointed to a two-year term; and

     (4)  The seats with terms that expire on June 30, 2026, shall be filled by one member appointed to a five-year term and one member appointed to a three-year term.

     These appointments shall be deemed initial appointments under section 26-11, Hawaii Revised Statutes, under which the governor is allowed to reduce the terms of those initially appointed for purposes of achieving, as far as practicable, the expiration of two terms each year.

     This section shall not apply to the student member.

     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; provided that the provision in section 2 of this Act relating to the selection process for the five at-large University of Hawaii board of regents members shall take effect upon ratification of a constitutional amendment to repeal the candidate advisory council of the board of regents of the University of Hawaii.

 

 

Report Title:

University of Hawaii; Board of Regents

 

Description:

Changes the number of terms that should expire each year from three to two.  Adjusts the terms of Board of Regents members appointed between 2022-2026 to realign the number of terms scheduled to expire each year.  Reduces the number of board members from eleven to nine.  Amends the board composition to require four members representing each of the four major counties and five at-large members.  Requires two at-large members to be selected from three names submitted by the Speaker of the House of Representatives and President of the Senate, respectively, to the Governor.  Requires one at-large member to be selected by the Governor.  (SD1)

 

 

 

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