STAND. COM. REP. NO. 368

Honolulu, Hawaii

RE: S.B. No. 1395

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Government Operations, to which was referred S.B. No. 1395 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 one member of the Hawaii State Senate.

Your Committee finds that state boards and commissions provide a vital opportunity for a cross-section of Hawaii's residents to offer input and influence decisions that shape the quality of life throughout the State. 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 further notes testimony that recent positions by the Office of the Attorney General regarding the law governing holdovers has led to confusion and possible abuse. This measure would clarify the law regarding holdover members of boards and commissions.

Your Committee has amended this measure by 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 Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1395, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1395, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Government Operations,

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SHARON MORIWAKI, Chair