Report Title:

UH; BOR

Description:

Expands membership of university of Hawaii board of regents to 30. Requires some members to be appointed by the governor and others by a regents selection committee. Requires a portion of the board membership to consist of nonresidents.

HOUSE OF REPRESENTATIVES

H.B. NO.

985

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE UNIVERSITY OF HAWAII BOARD OF REGENTS.

 

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

SECTION 1. The purpose of this Act is to increase the diversity of the University of Hawaii board of regents by: increasing its size; and requiring nonresident members, including foreign nationals. Specifically, this Act increases board membership from twelve to thirty members and requires at least ten members to be nonresidents of the State. Furthermore, this Act also limits the number of board meetings per year in order to promote the board's policy-making powers over the affairs of the University.

SECTION 2. Chapter 304, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§304- Regents selection committee. (a) There shall be a regents selection committee that shall consist of nine members. The governor shall appoint two members to the committee. The president of the senate and the speaker of the house of representatives shall each respectively appoint two members to the commission. The president of the University of Hawaii shall appoint one member to the committee. The faculty senate of the University of Hawaii shall appoint two members to the committee. At all times, at least one member of the committee shall be a resident of a county other than the city and county of Honolulu.

The committee shall be selected and shall operate in a nonpartisan manner. After the initial formation of the committee, appointments to the committee shall be for staggered terms of six years each. Notwithstanding the foregoing, no member of the committee shall serve for more than six years on the committee.

(b) Each member of the regents selection committee shall be a resident of the State and a citizen of the United States. No member shall run for or hold any elected office under the United States, the State or its political subdivisions. No member shall take an active part in political management or in political campaigns. No member shall be eligible for appointment to the board of regents so long as the person is a member of the regents selection committee and for a period of three years thereafter.

(c) No act of the regents selection committee shall be valid except by concurrence of the majority of its voting members.

The regents selection committee shall select one of its members to serve as chairperson. The regents selection committee shall adopt rules which shall have the force and effect of law. The deliberations of the regents selection committee shall be confidential.

(d) The legislature shall provide for the staff and operating expenses of the regents selection committee in a separate budget. No member of the regents selection committee shall receive any compensation for committee services, but shall be reimbursed for necessary expenses including travel expenses, incurred in the performance of official duties.

The regents selection committee shall be attached to the legislative branch of state government for purposes of administration."

SECTION 3. 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] thirty members. No more than [six] fifteen 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 ten members shall not be residents of the State. Of the nonresident members, at least five shall be residents of foreign nations; provided that United States citizenship shall not be required of them. 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 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 4. 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] thirty members [who] of whom twelve shall be appointed and may be removed by the governor[.] and eighteen shall be appointed and may be removed by the regents selection committee. All appointments shall be subject to confirmation by the senate. The term of each member shall be for four years; 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. 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,] more than once each quarter of the year, and [may] from time to time, may 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 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval and upon ratification of a constitutional amendment authorizing appointment of some members of the board of regents of the University of Hawaii by appointing authorities other than the governor.

INTRODUCED BY:

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