Hawaii-2013-SB1387-Amended

SECTION 1. The legislature finds that while the candidate advisory council for the board of regents of the University of Hawaii has nominated many outstanding appointees to the board, important concerns have been raised as to the selection process. Since the passage of Act 56, Session Laws of Hawaii 2007, to implement the amendments to article X, section 6, of the state constitution, a number of issues have arisen from the new method of regent selection that hampered the work of the regents candidate advisory council and led to questions regarding the final selection of appointees during the senate confirmation process.

The legislature further finds that on August 29, 2012, pursuant to senate rule 20, the senate president appointed a senate special committee on accountability to conduct informational briefings to review the oversight, accountability, and transparency of the operational and financial management of the University of Hawaii system, including but not limited to the University of Hawaii's athletic department.

During the informational briefings, the committee focused on, among other things, the oversight and transparency of the university's fiscal and operational administration, including the role of the board of regents. The informational briefings reaffirmed the importance of granting the governor the authority to select and appoint regents on the basis of how each regent's individual strengths will add to and complement the overall quality of the board of regents. It has become clear that the governor will not be able to adequately select nominees to the board of regents unless the governor has the ability to request a new list of nominees if the governor is unable to make quality appointments from the list provided by the regents candidate advisory council.

The purpose of this Act is to give the governor the authority to reject the list of nominees presented by the regents candidate advisory council and require the regents candidate advisory council to provide another list of nominees to the governor within sixty days.

SECTION 2. Section 304A-104.5, Hawaii Revised Statutes, is amended to read as follows:

"§304A-104.5 Regents candidate advisory council for the board of regents of the University of Hawaii. (a) There is established the regents candidate advisory council for the board of regents of the University of Hawaii to present to the governor pools of qualified candidates from which the members of the board of regents shall be nominated and, by and with the consent of the senate, appointed by the governor. The regents candidate advisory council shall establish the criteria for qualifying, screening, and presenting to the governor candidates for membership on the board of regents. The regents candidate advisory council shall be attached to the University of Hawaii for administrative purposes.

(b) Except as provided in subsection (c), the regents candidate advisory council shall present no fewer than two and no more than four qualified candidates for each seat on the board of regents to the governor within:

(1) Sixty 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.

[The regents candidate advisory council shall be deemed to have fulfilled its obligation under this section upon presentation of the names of the minimum number of candidates required to be presented for each seat or seats on the board of regents.]

(c) When there are multiple seats vacant within the same county or within the at-large membership, the regents candidate advisory council shall present candidates for seats on the board of regents to the governor as follows:

(1) For two seats from the same county or two at-large seats, no fewer than four and no more than six candidates;

(2) For three seats from the same county, no fewer than five and no more than eight candidates; and

(3) For more than three seats, the regents candidate advisory council shall determine appropriate minimum numbers of candidates, which shall provide for at least three candidates for the final seat, and maximum numbers of candidates.

(d) In making its presentations, the regents candidate advisory council shall:

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

(2) Screen and qualify candidates for each position on the board of regents 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;

(5) Ensure student involvement by establishing a student advisory group composed of:

(A) The senior student affairs officer of the University of Hawaii system;

(B) No fewer than three student representatives from the University of Hawaii student caucus who shall represent, to the maximum extent possible, the interests of the various University of Hawaii campuses on each island; and

(C) No fewer than three student life advisors who shall represent, to the maximum extent possible, the interests of the various University of Hawaii campuses on each island,

who shall work with and assist the regents candidate advisory council to recruit and evaluate candidates for the student member of the board of regents and make recommendations to the regents candidate advisory council based on the qualifications of the candidates applying for the position; and

(6) 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.

Upon submission of the names of candidates to the governor, the regents candidate advisory council shall make available the names of candidates to the public through the University of Hawaii.

(e) Upon receipt of the names of candidates from the regents candidate advisory council, the governor may reject the list of candidates presented. If the governor rejects the list, within sixty days of the rejection, the regents candidate advisory council shall present the governor with a new list of candidates that meets the requirement of this section. The regents candidate advisory council shall be deemed to have fulfilled its obligation under this section upon the filling of all seats on the board of regents.

[~~(e)~~] (f) For each board seat to be filled, the governor shall select one nominee from among the candidates submitted by the regents candidate advisory council.

[~~(f)~~] (g) The regents 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 one of the co-chairs of the All Campus Council of Faculty Senate Chairs of the University of Hawaii. A person may not be appointed as a member of the regents candidate advisory council under this paragraph, if within the five years immediately preceding that appointment, the person served on the All Campus Council of Faculty Senate Chairs of the University of Hawaii;

(5) One member shall be appointed by the chairperson of the Executive Council of the University of Hawaii Student Caucus. A person may not be appointed as a member of the regents candidate advisory council under this paragraph, if within one year immediately preceding that appointment, the person served on the Executive Council of the University of Hawaii Student Caucus;

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

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

provided that members appointed under paragraphs (4) to (7) shall be selected from the general public and may include members of the constituencies represented; provided further that each appointee satisfies the requirements for appointment provided in this subsection.

The regents candidate advisory council shall be selected in a wholly nonpartisan manner. Appointees to the regents 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 being respected members of the community.

[~~(g)~~] (h) Members of the regents candidate advisory council shall serve [~~four-year terms.~~] for the duration of the term of the member's appointing authority, up to a maximum of four years per term.

[~~(h)~~] (i) 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.

[~~(i)~~] (j) The regents candidate advisory council shall operate in a wholly nonpartisan manner. No individual, while a member of the regents candidate advisory council, shall run for or hold any elected office under the United States or the State or any of its political subdivisions.

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

[~~(k)~~] (l) Members of the regents 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.

[~~(l)~~] (m) Notwithstanding chapter 92F or any other law to the contrary, all information required by the regents candidate advisory council shall be confidential, including without limitation, all council information obtained, reviewed, or considered before and after council decisionmaking. Confidential regents candidate advisory council information shall include documents, data, or other information that are not of public record, including without limitation, personal financial information; the names of applicants; applications and the personal, financial, and other information contained therein submitted by the applicants to the regents candidate advisory council; interviews; schedules; reports; studies; background checks; credit reports; surveys and reports prepared for or on the regents candidate advisory council's behalf; the results of any evaluations or assessments conducted by the regents candidate advisory council; the substance and details of any discussions with regents candidate advisory council members; and the substance and details of discussions and deliberations of the regents candidate advisory council and any of its committees during meetings."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

THE SENATE	S.B. NO.	1387
TWENTY-SEVENTH LEGISLATURE, 2013		S.D. 1
STATE OF HAWAII