Report Title:

UH; Board of Regents; Candidate Advisory Council

 

Description:

Establishes the candidate advisory council to screen and propose candidates for appointment to the board of regents of the University of Hawaii.  Increases the board of regents membership to fifteen members with a specified number of members representing different geographic areas.  Prohibits a board of regents member from serving more than two consecutive five-year terms.  Requires the senate to consider the question of an incumbent member's confirmation for a second term at least 120 days prior to the conclusion of the member's first term.  Allows a board of regents member to continue to serve until the member's successor has been appointed and confirmed by the senate.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

135

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to the university of hawaii.

 

 

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

 


     SECTION 1.  Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§304A-    Candidate advisory council for the board of regents of the University of Hawaii.  (a)  There is established the candidate advisory council for the board of regents of the University of Hawaii to assist the governor in selecting members of the board of regents by establishing the criteria for, screening, and recommending qualified candidates for membership on the board of regents.  The candidate advisory council shall be attached to the University of Hawaii for administrative purposes.

     (b)  The candidate advisory council shall recommend no fewer than two and no more than four candidates for each seat on the board of regents to the governor within:

     (1)  Thirty days of a vacancy that arises by resignation, death, or removal by the governor; or

     (2)  One hundred twenty days prior to the expiration of a term.

     (c)  For each board seat to be filled, the governor shall select one nominee from among the candidate advisory council's recommendations.  In making its recommendations, the candidate advisory council shall:

     (1)  Develop a statement of the selection criteria to be applied and a description of the responsibilities and duties of a member of the board of regents and shall distribute this statement to potential candidates;

     (2)  For each position on the board of regents, screen and qualify candidates based on their background, experience, and potential for discharging the responsibilities of a member of the board of regents;

     (3)  Publicly advertise pending vacancies and actively solicit and accept applications from potential candidates;

     (4)  Develop and implement a fair, independent, and nonpartisan procedure for selecting candidates to serve on the board of regents; and

     (5)  Require each candidate to disclose any existing or anticipated contracts with the University of Hawaii or any existing or anticipated financial transactions with the University of Hawaii.

     (d)  The candidate advisory council shall consist of seven members to be appointed without regard to section 26-34 as follows:

     (1)  One member shall be appointed by the president of the senate;

     (2)  One member shall be appointed by the speaker of the house of representatives;

     (3)  One member shall be appointed by the governor;

     (4)  One member shall be appointed by the All Campus Council of Faculty Senate Chairpersons of the University of Hawaii;

     (5)  One member shall be appointed by the University of Hawaii Student Caucus;

     (6)  One member shall be appointed by the Association of Emeritus Regents; and

     (7)  One member shall be appointed by the University of Hawaii Alumni Association.

     The candidate advisory council shall be selected in a wholly nonpartisan manner.  Appointees to the candidate advisory council shall have a general understanding of the purposes of higher education, the mission of the University of Hawaii system, and the responsibilities of the board of regents.  Appointees shall be individuals who are widely viewed as having placed the broad public interest ahead of special interests, having achieved a high level of prominence in their respective professions, and respected members of the community.

     (e)  Members of the candidate advisory council shall serve four-year terms; provided that the three members initially appointed by the governor, the president of the senate, and the speaker of the house of representatives shall serve for terms of two years.

     (f)  If a vacancy occurs, a successor shall be appointed in the same manner and subject to the same qualifications as the person's predecessor.  The person appointed to fill a vacancy shall serve for the remainder of the term of the person's predecessor.

     (g)  The candidate advisory council shall operate in a wholly nonpartisan manner.  No individual, while a member of the candidate advisory council, shall run for or hold any other elected office under the United States or the State or any political subdivisions thereof.

     (h)  The members of the candidate advisory council shall choose a chairperson from among themselves.  A majority of the candidate advisory council shall constitute a quorum to conduct business.  The concurrence of a majority of all the members to which the candidate advisory council is entitled shall be necessary to make any action of the candidate advisory council valid.  The candidate advisory council shall meet annually and at other times as necessary.  All meetings of the candidate advisory council shall be exempt from chapter 92.

     (i)  Members of the candidate advisory council shall serve without compensation but shall be reimbursed for expenses, including travel, board, and lodging expenses, necessary for the performance of their duties."

     SECTION 2.  Section 26-11, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The University of Hawaii shall be headed by an executive board to be known as the board of regents.

     The board shall consist of [twelve] fifteen members.  [No more than six of the members shall be members of the same political party and at least part of the membership of the board shall represent geographic subdivisions of the State.]  At least one member shall be a University of Hawaii student at the time of the initial appointment.  This member may be reappointed for one additional term even though the member may no longer be a student at the time of reappointment.  The governor shall reduce the terms of those initially appointed to each seat on the board of regents to provide, as far as practicable, for the expiration of three terms each year, excluding the student member.

     At least ten members, except for the student member, shall represent the specified geographic areas as follows:

     (1)  Two members from the county of Hawaii;

     (2)  Two members from the county of Maui;

     (3)  One member from the county of Kauai; and

     (4)  Five members from the city and county of Honolulu.

     The board shall have power, in accordance with the Constitution of the State and with law, to formulate policy[,] and to exercise control over the university through its executive officer, the president of the university.  The board shall have exclusive jurisdiction over the internal organization and management of the university."

     SECTION 3.  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 consisting of [twelve] fifteen members who shall be appointed and may be removed by the governor.  Except as otherwise provided by law, state officers shall be eligible for appointment and membership.  The term of each member shall be [for four years;] five years, except as provided for the initial appointment in section 26-11; provided that the term of the student member shall be [for] two years.  [Except as otherwise provided by statute, state officers shall be eligible to appointment and membership.]  Every member may serve beyond the expiration date of the member's term of appointment until the member's successor has been appointed and has [qualified.] been confirmed by the senate in accordance with article X, section 6 of the state constitution.  Members shall serve no more than two consecutive 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."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.


     SECTION 5.  This Act shall take effect on July 1, 2007.

 

INTRODUCED BY:

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