Report Title:

Voting seat on Boards

Description:

Changes quorum requirements and/or the composition of the following boards and commissions: the Hawaii Paroling Authority; the State Foundation on Culture & the Arts; the Board of Trustees of the Employer-Union Health Benefits Trust Fund; the Stadium Authority; the Crime Victim Compensation Commission; and the Criminal Injuries Compensation Commission.

HOUSE OF REPRESENTATIVES

H.B. NO.

2357

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO BOARDS AND COMMISSIONS

 

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

SECTION 1. In the past, the creation of or the transfer of administratively attached agencies who have a body that sets policy have excluded the administrating agency's head on the policy setting body. To ensure efficient utilization of available public funds and the proper oversight of administratively attached agencies the heads of certain departments are given seats by this bill.

SECTION 2. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"353-___ Quorum; number of votes necessary to validate acts. Notwithstanding any other law to the contrary, including section 92-15, the presence of two members of the Hawaii paroling authority shall be sufficient to constitute a quorum to do business, and the concurrence of a majority of the members present shall be sufficient to make any action of the authority valid; provided that due notice shall have been given to all members of the authority or a bona fide attempt shall have been made to give the notice to all members to whom it was reasonably practicable to give the notice."

SECTION 3. Section 9-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The foundation shall be governed by a policymaking and oversight commission to be known as the state foundation on culture and the arts commission. The commission shall be composed of ten members, one of whom is to be the comptroller. The remaining nine members are to be appointed and removed by the governor. Except for the comptroller, the selection and terms of the commission members shall be subject to the requirements of [pursuant to] section 26-34[. The term of each member shall be for four years, commencing on July 1 and expiring on June 30]; provided that for terms commencing on or after July 1, 1999, the governor shall appoint at least one member who resides in the county of Hawaii, one member who resides in the county of Kauai, and one member who resides in the county of Maui. The governor shall appoint the chairperson of the commission from among its members. The members of the commission shall serve without compensation, but shall be reimbursed for travel and other necessary expenses in the performance of their official duties."

SECTION 4. Section 87A-5, Hawaii Revised Statutes, is amended to read as follows:

[87A-5] Composition of board. The board of trustees of the employer-union health benefits trust fund shall consist of ten trustees appointed by the governor as follows:

(1) Five trustees, one of whom shall represent retirees, to represent employee-beneficiaries. The trustees shall be appointed from a list of three nominees per trustee submitted by the exclusive employee representative organizations; and

(2) Five trustees to represent public employers[.], one of whom shall be the director of finance, ex officio, or a designated representative.

Section 26-34 shall not apply to board member selection and terms.

SECTION 5. Section 109-1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There shall be within the department of accounting and general services for administrative purposes only, a stadium authority whose responsibility shall be to maintain, operate, and manage the stadium and facilities attached thereto and to provide for the maintenance, operation, management, and promotion of the Kapolei recreational sports complex. The authority shall consist of ten members, one of whom shall be the comptroller. The remaining nine members [who] shall be appointed by the governor in the manner prescribed by section 26-34. Each member of the authority shall have been a citizen of the United States and a resident of the State for at least five years next preceding the member's appointment. The president of the University of Hawaii and the superintendent of education shall be ex officio members of the authority but shall not vote."

SECTION 6. Section 351-11, Hawaii Revised Statutes, is amended to read as follows:

"351-11 Crime victim compensation commission. There shall be a crime victim compensation commission composed of three members appointed and removable in the manner prescribed by section 26-34[.], and the director of public safety or a designated representative who shall be an ex officio voting member. Except as provided in this section, [No] no officer or employee of the State or any county shall be eligible for appointment to the commission. The commission is placed within the department of public safety for administrative purposes."

SECTION 7. Section 351-12, Hawaii Revised Statutes, shall be amended to read as follows:

"351-12 Tenure and compensation of members. (a) The term of office of each member of the commission, except for the director of public safety who shall serve during the director's term of office, shall be four years or until the member's successor is appointed, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall be appointed for the remainder of the term. Each member shall be eligible for reappointment, subject to section 26-34. A vacancy in the commission shall not affect its powers. If any member is unable to act because of absence, illness, or other sufficient cause, the governor may make a temporary appointment, and the appointee shall have all the powers accorded the regular member for the period of the temporary appointment.

(b) [Each] Except for the director of public safety, each member shall be compensated at the rate of $100 per day for each day's actual attendance to the member's duties; provided that the compensation shall not exceed a maximum of $10,000 per year. [Members] All members shall be paid necessary traveling and subsistence expenses incurred in the discharge of their duties."

SECTION 8. Section 351-13, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"351-13 Powers and procedures of commission. (a) Except for cases assigned to the administrator pursuant to subsection (c), upon an application for compensation under this chapter, the commission shall fix a time and place for a hearing on the application and shall cause notice thereof to be given to the applicant. The commission may hold hearings, sit and act at times and places, and take testimony as it may deem advisable. [Any two members shall constitute a quorum, but the concurring vote of the two members shall be necessary to take any action.] Notwithstanding any other law to the contrary, including section 92-15, the presence of two members of the commission shall be sufficient to constitute a quorum to do business, and the concurrence of a majority of the members present shall be sufficient to make any action of the commission valid; provided that due notice shall have been given to all members of the commission or a bona fide attempt shall have been made to give the notice to all members to whom it was reasonably practicable to give the notice. Any member may administer oaths or affirmations to witnesses appearing before the commission. The commission shall have the same powers of subpoena and compulsion of attendance of witnesses and production of documents and of examination of witnesses as a circuit court. Subpoenas shall be issued under the signature of the chairperson or by majority vote of the commission members. The circuit court of any circuit in which a subpoena is issued or served or in which the attendance or production is required, upon the application of the commission, may enforce the attendance and testimony of any witness and the production of any document so subpoenaed. Subpoena and witness fees and mileage shall be the same as in criminal cases in the circuit courts and shall be payable from funds appropriated for expenses of administration. The orders shall be signed by the chairperson or, in the absence of the chairperson, by [the other] two other members."

SECTION 9. Section 353-61, Hawaii Revised Statutes, is amended to read as follows:

"353-61 Hawaii paroling authority; appointment; tenure; qualifications. Members of the paroling authority shall be nominated by a panel composed of the chief justice of the Hawaii supreme court, the director, the president of the Hawaii correctional association, the president of the bar association of Hawaii, the head of the Hawaii council of churches, a member from the general public to be appointed by the governor and the president of the Hawaii chapter of the national association of social workers. The panel shall submit to the governor the names of not less than three persons, designated as the nominees, for chairperson or as a member, for each vacancy. The governor shall appoint, in the manner prescribed by section 26-34, [a paroling authority to be known as the Hawaii paroling authority, to consist of] three members one of whom shall be designated chairperson to a paroling authority to be known as the Hawaii paroling authority. In addition to these three members, the director or a designated representative shall be an ex officio voting member. Of the members first appointed after May 13, 1976, the member designated as chairperson shall be appointed for a term of four years, one member shall be appointed for a term of three years, and one member shall be appointed for a term of two years; thereafter all appointments shall be made for terms of four years, commencing from the date of expiration of the last preceding term. Any vacancy in an unexpired term shall be filled by appointment for the remainder of the unexpired term. Nominees to the authority shall be selected on the basis of their qualifications to make decisions that will be compatible with the welfare of the community and of individual offenders, including their background and ability for appraisal of offenders and the circumstances under which offenses were committed."

SECTION 10. Section 353-63, Hawaii Revised Statutes, is amended to read as follows:

"353-63 Service of Hawaii paroling authority members; compensation; expenses. The chairperson of the Hawaii paroling authority shall serve on a full-time basis[.] and the director shall serve as an ex officio voting member. The other two members shall serve on a part-time basis. Effective July 1, 1994, the chairperson of the Hawaii paroling authority shall be paid a salary set by the governor within the range of $72,886 to $77,966, a year. The director shall serve without compensation. The compensation of each of the part-time members shall be eighty per cent of the hourly wage paid the chairperson. For each hour engaged in the official duties of the authority, each part-time member of the authority shall be paid an hourly wage at the percentage rate specified in this section based on the hourly wage paid the chairperson; provided that compensation shall not exceed eighty per cent of the total regular working hours in a month; and provided further that part-time members shall not be entitled to any vacation, sick leave, or other benefits except as provided in this section. All paroling authority members shall receive their necessary expenses for travel and incidentals which shall be paid from appropriations provided the authority for such purposes, on vouchers approved by the director of public safety."

SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 12. This Act shall take effect on July 1, 2004.

INTRODUCED BY:

_____________________________

BY REQUEST