SB1254

THE SENATE	S.B. NO.	1254
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII

A BILL FOR AN ACT

relating to the board of regents.

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

SECTION 1. The legislature finds that appointing a university employee to the board of regents may create a conflict of interest, as an employee may have personal or departmental interests that could raise ethical concerns, compromise the impartiality of decisions made by the board of regents, and erode the public's trust in the governance of the university. An employee serving on the board of regents may have, or create the perception of having, divided loyalties and prioritize their department's interests over the broader needs of the university, thus undermining the board's responsibility to act in the best interest of the institution. Furthermore, the dual roles of employee and regent could lead to confusion regarding duties and responsibilities, hindering effective decision-making.

The legislature further finds that prohibiting individuals who are employees of the university of Hawaii from serving on the board of regents ensures impartial governance, objective decision-making, prevents potential conflicts of interest, and maintains public trust in the university of Hawaii's leadership.

The legislature also finds that prohibiting active employees of the university of Hawaii and the research corporation of the university of Hawaii from serving on the board of regents is a matter of statewide concern pursuant to article X, section 6, of the Hawaii State Constitution.

Therefore, the purpose of this Act is to ensure that only individuals without a current employment relationship with the university of Hawaii shall be eligible for appointment to the board of regents.

SECTION 2. Section 304A-104, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The affairs of the university shall be under the general management and control of the board of regents. The board shall consist of eleven members who shall be appointed by the governor from lists of qualified candidates presented to the governor by the candidate advisory council, pursuant to section 304A-104.6, and shall be confirmed by the senate; provided that if the list of qualified candidates includes fewer than three candidates at any time during the nomination and confirmation process, the governor may request that the candidate advisory council reopen recruitment for qualified candidates. Members may be removed by the governor. No active employee of the university or the research corporation of the university of Hawaii shall be eligible for appointment to the board of regents. Except as otherwise provided by law, state officers shall be eligible for appointment and membership.

The term of each member shall be five years, except as provided for the initial appointment in section 26-11; provided that the term of the student member shall be two years. Every member may serve beyond the expiration date of the member's term of appointment as a holdover member until the member's successor has been appointed by the governor and confirmed by the senate in accordance with article X, section 6 of the Hawaii State Constitution; provided that, notwithstanding any law to the contrary, a holdover member shall not serve as a member of the board beyond the end of the first regular session of the legislature following the expiration of the member's term. Members shall serve no more than two consecutive five-year terms; provided that the members who are initially appointed to terms of two years or less pursuant to section 26-11(a) may be reappointed to two ensuing five-year terms. If a member is to be appointed to a second term of five years, the senate shall consider the question of whether to reconfirm the member at least one hundred twenty days prior to the conclusion of a member's first five-year term; provided that if the senate is not in session within one hundred twenty days prior to the conclusion of the member's first five-year term, the member shall continue to serve until the senate convenes for the next regular session or the next special session for which the senate is authorized to consider the question of reconfirmation."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________