STAND. COM. REP. NO. 1070

Honolulu, Hawaii

, 2005

RE: S.B. No. 1257

S.D. 2

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Higher Education, to which was referred S.B. No. 1257, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO THE UNIVERSITY OF HAWAII,"

begs leave to report as follows:

The purpose of this bill is to improve the governance of the University of Hawaii (UH) by modifying the appointment process of the UH Board of Regents (BOR). Specifically, this bill:

(1) Establishes the Candidate Advisory Council (Council) to assist the Governor in determining criteria for, screening, and proposing a pool of qualified candidates for BOR membership;

(2) Removes the restriction that no more than six BOR members can be members of the same political party;

(3) Extends the term of each BOR member from four years to ten years; and

(4) Clarifies that every BOR member may serve beyond the expiration date of the member's term until the member's successor has been confirmed by the Senate, according to the Hawaii Constitution, Article X, Section 6, rather than until the successor has been appointed and has qualified.

A concerned individual testified in support of this bill. The Hawaii Government Employees Association (HGEA) supported the intent of this measure. UH offered comments.

Your Committee has amended this bill by:

(1) Deleting the provision that a BOR member may vacate the member's seat by incapacity, defined as a condition or state that prevents the member from attending two consecutive regular meetings of BOR;

(2) Changing the membership of the Council as follows:

(a) Removing the members appointed by the UH Faculty Senate, systemwide student association, Hawaii Business Roundtable, Hawaii Medical Association, and HGEA bargaining unit 8; and

(b) Adding members appointed by UH's All Campus Council of Faculty Senate Chairpersons, UH's System Student Caucus, UH's Native Hawaiian Council or Pu Ko'a, and HGEA;

(3) Changing the membership of BOR as follows:

(a) Decreasing the number of members from 12 to 11; and

(b) Requiring a certain number of members to represent specific geographic areas;

(4) Changing the appointment process of the BOR as follows:

(a) Changing the term of each BOR member from a ten-year term to two consecutive five-year terms;

(b) Requiring that at least three months prior to the conclusion of a BOR member's first five-year term, the Senate consider whether to reconfirm the member's position on the board; and

(c) Clarifying that every BOR member may serve beyond the expiration date of the member's term until the member's successor has been appointed, has qualified, and has been confirmed by the Senate;

and

(5) Making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Higher Education that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1257, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1257, S.D. 2, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Higher Education,

 

____________________________

TOMMY WATERS, Chair