STAND. COM. REP. NO. 3194

Honolulu, Hawaii

RE: S.B. No. 3186

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committees on Judiciary and Ways and Means, to which was referred S.B. No. 3186, S.D. 1, entitled:

"A BILL FOR AN ACT PROPOSING AN AMENDMENT TO ARTICLE X, SECTION 6, OF THE HAWAII CONSTITUTION TO REPEAL THE UNIVERSITY OF HAWAII BOARD OF REGENTS CANDIDATE ADVISORY COUNCIL,"

beg leave to report as follows:

The purpose and intent of this measure is to propose an amendment to the Hawaii State Constitution to:

(1) Repeal the Candidate Advisory Council for the Board of Regents of the University of Hawaii;

(2) Authorize the Governor to appoint members to the Board of Regents of the University of Hawaii without being limited to selecting a candidate deemed qualified by the Council; and

(3) Clarify the jurisdiction of the Board of Regents over the internal structure, management, and operations of the University of Hawaii.

Your Committees received testimony in opposition to this measure from the University of Hawai‘i System, University of Hawaii Professional Assembly, and two individuals. Your Committees received comments on this measure from the Department of the Attorney General.

Your Committees find that due to a relatively small number of applicants, at times the Candidate Advisory Council has been unable to submit an adequate number of candidates to the Governor for selection on the Board of Regents of the University of Hawaii. Your Committees further find that recently, the Candidate Advisory Council has only been able to recommend a small number of individuals for the Governor's consideration. This measure proposes a constitutional amendment that will allow the Governor to directly appoint regents with the advise and consent of the Senate.

Your Committees have amended this measure by:

(1) Incorporating recommendations proposed by the Department of the Attorney General:

(A) Clarifying that the Board of Regents shall continue to have exclusive jurisdiction over the internal structure, management, and operation of the University; and

(B) Clarifying that the question on the ballot shall state "Shall the requirement that the Governor appoint members of the Board of Regents of the University of Hawaii from a pool of candidates presented by the Candidate Advisory Council for the Board of Regents of the University of Hawaii be eliminated, thereby allowing the governor to appoint members to the Board of Regents without being limited to a list of candidates?" and

(2) Inserting an effective date of July 30, 2075, to encourage further discussion.

As affirmed by the records of votes of the members of your Committees on Judiciary and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 3186, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 3186, S.D. 2.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Ways and Means,

________________________________ DONOVAN M. DELA CRUZ, Chair

________________________________ KARL RHOADS, Chair