SB349

SECTION 1. The legislature finds that the role of a governmental advisory board is to provide up-to-date information, critical thinking, and analysis to the decision-makers who represent the government entity that the board is advising, and that that advisory board itself does not make decisions. The legislature further finds that the governor is charged with nominating qualified individuals to state advisory board and commission positions, and not all advisory board and commission nominees need to be subject to the senate's advice and consent process.

The purpose of this Act is to:

(1) Specify that nominated members for the statewide voters with special needs advisory board are not subject to the senate's advice and consent;

(2) Specify that nominated members for the commission to promote uniform legislation are not subject to the senate's advice and consent; and

(3) Specify that nominated members for the commission on fatherhood are not subject to the senate's advice and consent.

SECTION 2. Section 11-10.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The advisory committee shall consist of five members appointed by the governor based on recommendations from organizations within the State that are comprised of a majority of officers and members who are persons with physical disabilities including visual impairment. Each member shall identify as a voter with special needs arising from physical disabilities, including visual and hearing impairments that require an accommodation to vote. The terms of advisory committee members shall be four years; provided that initial terms shall be one, two, three, or four years to ensure staggered rotation of members. The members shall not be subject to advice and consent of the senate."

SECTION 3. Section 26-7, Hawaii Revised Statutes, is amended to read as follows:

"§26-7 Department of the attorney general. The department of the attorney general shall be headed by a single executive to be known as the attorney general.

The department shall administer and render state legal services, including furnishing of written legal opinions to the governor, legislature, and such state departments and officers as the governor may direct; represent the State in all civil actions in which the State is a party; approve as to legality and form all documents relating to the acquisition of any land or interest in lands by the State; and, unless otherwise provided by law, prosecute cases involving violations of state laws and cases involving agreements, uniform laws, or other matters which are enforceable in the courts of the State. The attorney general shall be charged with such other duties and have such authority as heretofore provided by common law or statute.

There shall be within the department of the attorney general a commission to be known as the commission to promote uniform legislation, which shall sit in an advisory capacity to the attorney general and to the legislature on matters relating to the promotion of uniform legislation. The composition of the commission shall be as heretofore provided for the commission to promote uniform legislation existing immediately prior to November 25, 1959. The members of the commission shall be nominated, and [~~by and with~~] without the advice and consent of the senate, appointed by the governor for terms of four years each, provided that each member shall hold office until the member's successor is appointed and qualified; and provided also that the provisions of section 26-34, limiting the appointment of members of boards and commissions to two terms and the duration of membership to not more than eight consecutive years shall not be applicable.

The functions and authority heretofore exercised by the attorney general, high sheriff, and the commission to promote uniform legislation as heretofore constituted are transferred to the department of the attorney general established by this chapter."

SECTION 4. Section 26-34, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The members of each board and commission established by law shall be nominated and, except as otherwise provided by law, by and with the advice and consent of the senate, appointed by the governor. 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."

SECTION 5. Section 577E-3, Hawaii Revised Statutes, is amended to read as follows:

"§577E-3 Members; terms; chair; quorum; compensation. (a) The commission shall consist of fifteen members and reflect the geographic and cultural diversity of the State. The membership shall include:

(1) Ex officio, the director of human services, superintendent of education, director of health, attorney general, director of public safety, and executive director of the office of youth services, or their designees; and

(2) Eight voting members shall be appointed by the governor as provided in section 26-34, except as otherwise provided in this section, as follows:

(A) Two members shall be appointed by the governor from a list of three nominees submitted by the president of the senate, and two members shall be appointed by the governor from a list of three nominees submitted by the speaker of the house of representatives; and

(B) Four members shall be appointed by the governor from the community.

(3) One voting member shall be designated by the Hawaii Coalition for Dads.

(b) Of the appointed members, there shall be at least one member from each of the counties of Kauai, Maui, and Hawaii.

(c) All members shall serve for a term of four years. Any vacancies occurring in the membership of the commission shall be filled for the remainder of the unexpired term in the same manner as the original appointments. No member shall serve on the commission for more than two terms; provided that if a member fills a vacancy and serves for the remainder of an unexpired term that member shall be considered to have served one term.

(d) The chair and vice chair of the board shall be selected annually from the nongovernmental members of the commission appointed pursuant to subsection (a)(2). A simple majority shall constitute a quorum, whose affirmative vote shall be necessary for all actions.

(e) The members shall serve without compensation.

(f) Any member of the commission shall be immune from civil liability as provided in section 26-35.5.

(g) The members shall not be subject to advice and consent of the senate."

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2023.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	349
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII