Report Title:

Candidate Advisory Council; UH; Board of Regents; Const. Amend.

Description:

Amends article X, section 6 of the Hawaii Constitution to allow modifications to the UH board of regents appointment process and establishes the candidate advisory council to screen and propose candidates for the board. (SB3125 HD1)

THE SENATE

S.B. NO.

3125

TWENTY-SECOND LEGISLATURE, 2004

S.D. 2

STATE OF HAWAII

H.D. 1


 

A BILL FOR AN ACT

 

relating to education.

 

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

PART I

SECTION 1. The purpose of this part is to propose an amendment to article X, section 6, of the Constitution of the State of Hawaii to modify the University of Hawaii board of regents' appointment process.

SECTION 2. Article X, section 6, of the Constitution of the State of Hawaii is amended to read as follows:

"BOARD OF REGENTS; POWERS

Section 6. There shall be a board of regents of the University of Hawaii, the members of which shall be nominated and, by and with the advice and consent of the senate, appointed by the governor[.] from a pool of qualified candidates screened and proposed by a candidate advisory council for the board of regents of the University of Hawaii as provided by law. At least part of the membership of the board shall represent geographic subdivisions of the State. The board shall have the power to formulate policy, and to exercise control over the university through its executive officer, the president of the university, who shall be appointed by the board. The board shall also have exclusive jurisdiction over the internal structure, management, and operation of the university. This section shall not limit the power of the legislature to enact laws of statewide concern. The legislature shall have the exclusive jurisdiction to identify laws of statewide concern."

SECTION 3. Article XVIII of the Constitution of the State of Hawaii is amended by adding a new section to be appropriately designated and to read as follows:

"BOARD OF REGENTS; CANDIDATE ADVISORY COUNCIL; TRANSITION.

Section   . Upon the ratification of the amendment to article X, section 6, establishing a candidate advisory council, the members of the board of regents of the University of Hawaii shall continue to serve their terms of office until they are replaced by appointed members who are screened and proposed by the candidate advisory council, as provided by law."

SECTION 4. The question to be printed on the ballot shall be as follows:

"Shall the governor be required to select board of regents candidates from a pool of qualified candidates screened and proposed by a candidate advisory council for the board of regents of the University of Hawaii as provided by law?"

SECTION 5. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 6. This part shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

PART II

SECTION 7. Chapter 304, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

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

(b) Potential appointees to the advisory council shall be considered for appointment on the basis of their general understanding of the purposes of higher education, the mission of the University of Hawaii system, and the responsibilities of the board of regents. The advisory council shall consist of twelve members; provided that:

(1) Three members shall be appointed by the president of the senate; provided that for the initial appointments, one shall serve a six-year term, one shall serve a four-year term, and one shall serve a two-year term;

(2) Three members shall be appointed by the speaker of the house of representatives; provided that for the initial appointments, one shall serve a six-year term, one shall serve a four-year term, and one shall serve a two-year term;

(3) Six members shall be appointed by the governor; provided that for the initial appointments, two shall serve a six-year term, two shall serve a four-year term, and two shall serve a two-year term; and provided that one member shall be an undergraduate student of the University of Hawaii and one member shall be a graduate student of the University of Hawaii; and

(4) The members shall choose a chairperson from among themselves.

(c) Statewide representation shall be taken into consideration when making appointments, and at least one member appointed by each appointing authority shall be a resident of a county other than Honolulu. The members shall serve six-year terms. Any member may be appointed for more than one term; provided that the member serves no more than two consecutive six-year terms; and provided further that the initial term, if less than six years, shall not count toward the two consecutive six-year term limitations.

(d) The 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 and shall distribute this statement to potential candidates;

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

(3) Develop and implement a fair, independent, and nonpartisan process of selecting candidates to serve on the board.

(e) The advisory council shall recommend three candidates for each seat on the board within one month of notification by the governor of a vacancy, or a vacancy anticipated by the governor. The governor shall select from among the advisory council's recommendations."

SECTION 8. Section 304-3, Hawaii Revised Statutes, is amended to read as follows:

"§304-3 Regents; appointment; tenure; qualifications; meetings. The affairs of the university shall be under the general management and control of the board of regents consisting of [twelve] eleven members, including one student member, who shall be appointed from a pool of qualified candidates screened and proposed by the candidate advisory council for the board of regents, and may be removed by the governor. The members, except for the student member, shall represent 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 term of each member shall be for four years; provided that the term of the student member shall be for two years. Members shall serve staggered terms with no more than three members appointed per year. If a member is removed by the governor, resigns, or is unable to serve out the member's term, a replacement member shall be appointed to serve the remainder of the term. The replacement member shall be appointed through the same process, and shall represent the same area, as the original member. No member shall serve more than two consecutive terms; provided that a member who serves part of another member's term shall subsequently be eligible to serve two full terms. 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. The board shall at its first meeting after June 30, elect a chairperson and vice-chairperson, who shall serve until adjournment of its first meeting after June 30 of the next year or thereafter until their successors are appointed and have qualified and whose election shall be immediately certified by the board to the chief election officer. The board shall appoint a secretary, who shall not be a member of the board. The president of the university shall act as executive officer of the board. The board shall meet not less often than ten times annually, and may from time to time meet in each of the counties of Hawaii, Maui, and Kauai.

The members of the board shall serve without pay but shall be entitled to their traveling expenses within the State when attending meetings of the board or when actually engaged in business relating to the work of the board."

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This part shall take effect upon the ratification of a constitutional amendment providing for the modification of the University of Hawaii board of regents' appointment process as provided by law.

PART III

SECTION 11. Subject to the foregoing effective dates, this Act shall take effect upon its approval.