Report Title:

Boards and Commissions; Legislative Nominees

Description:

Allows the president of the senate, speaker of the house of representatives, minority leader of the senate, and minority leader of the house to uniformly submit a list of nominees to the governor for appointment to boards and committees.

THE SENATE

S.B. NO.

961

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to executive and administrative departments.

 

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

SECTION 1. Section 26-34, Hawaii Revised Statutes, is amended to read as follows:

"§26-34 Selection and terms of members of boards and commissions. (a) The members of each board and commission established by law shall be nominated and, by and with the advice and consent of the senate, appointed by the governor[.] as provided in subsection (g).

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 commissions 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.

(b) Any member of a board or commission whose term has expired and who is not disqualified for membership under subsection (a) may continue in office as a holdover member until a successor is nominated and appointed; provided that a holdover member shall not hold office beyond the end of the second regular legislative session following the expiration of the member's term of office.

(c) A vacancy occurring in the membership of any board or commission during a term shall be filled for the unexpired term thereof, subject to Article V, section 6 of the Constitution of the State.

(d) The governor may remove or suspend for cause any member of any board or commission after due notice and public hearing.

(e) Except as otherwise provided by this chapter, this section shall apply to every board and commission established by part I, or existing or established after November 25, 1959. All new appointments to any board or commission shall thereafter be made in accordance with this section.

(f) This section shall not apply to ex officio members of boards and commissions or to the board of trustees of the employees retirement system.

(g) Notwithstanding any law to the contrary, the governor shall appoint a majority of the members of every board and commission from two lists of nominees submitted each by the senate president and the speaker of the house of representatives; and provided further that the governor shall nominate an equal number of persons from each list, unless there is an odd number of members forming the majority, in which case the governor may appoint the extra member from either list. The governor shall also appoint one member of the remainder of the members of every board and commission from one list jointly submitted by the minority leader of the senate and the minority leader of the house of representatives. This subsection shall not require alteration of the number and composition of members as provided in the applicable statute."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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