Bill Text: HI SB2281 | 2014 | Regular Session | Introduced

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Bill Title: Boards and Commissions; Open Records; Procurement Policy Board; Commission on Water Resource Management; Candidate Advisory Council for the Board of Regents of the University of Hawaii; Hawaii Paroling Authority

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2014-01-21 - Referred to JDL, WAM. [SB2281 Detail]

Download: Hawaii-2014-SB2281-Introduced.html

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THE SENATE	S.B. NO.	2281
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to government.

 

 

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

 

     SECTION 1.  Section 26-34, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The members of each board and commission established by law shall be nominated and, by and with the advice and consent of the senate, appointed by the governor.  If nominees for appointment to a board or commission are provided to the governor by an appointing or nominating authority or by any group or organization, the governor shall disclose the names of the nominees, pursuant to section 92F-12.  Each appointing or nominating authority shall be deemed to have fulfilled its obligation under this section upon confirmation of the nominee by the senate.  Unless otherwise provided by this chapter or by law hereafter enacted, the terms of the members shall be for four years; provided that the governor may reduce the terms of those initially appointed so as to provide, as nearly as can be, for the expiration of an equal number of terms at intervals of one year for each board and commission.  Unless otherwise provided by law, each term shall commence on July 1 and expire on June 30, except that the terms of the chairpersons of the board of agriculture, the board of land and natural resources, and the Hawaiian homes commission shall commence on January 1 and expire on December 31.  No person shall be appointed consecutively to more than two terms as a member of the same board or commission; provided that membership on any board or commission shall not exceed eight consecutive years."

     SECTION 2.  Section 92F-12, Hawaii Revised Statutes, is amended to read as follows:

     "§92F-12  Disclosure required.  (a)  Any other provision in this chapter to the contrary notwithstanding, each agency shall make available for public inspection and duplication during regular business hours:

     (1)  Rules of procedure, substantive rules of general applicability, statements of general policy, and interpretations of general applicability adopted by the agency;

     (2)  Final opinions, including concurring and dissenting opinions, as well as orders made in the adjudication of cases, except to the extent protected by section 92F-13(1);

     (3)  Government purchasing information, including all bid results, except to the extent prohibited by section 92F-13;

     (4)  Pardons and commutations, as well as directory information concerning an individual's presence at any correctional facility;

     (5)  Land ownership, transfer, and lien records, including real property tax information and leases of state land;

     (6)  Results of environmental tests;

     (7)  Minutes of all agency meetings required by law to be public;

     (8)  Name, address, and occupation of any person borrowing funds from a state or county loan program, and the amount, purpose, and current status of the loan;

     (9)  Certified payroll records on public works contracts except social security numbers and home addresses;

    (10)  Regarding contract hires and consultants employed by agencies:

         (A)  The contract itself, the amount of compensation;

         (B)  The duration of the contract; and

         (C)  The objectives of the contract, except social security numbers and home addresses;

    (11)  Building permit information within the control of the agency;

    (12)  Water service consumption data maintained by the boards of water supply;

    (13)  Rosters of persons holding licenses or permits granted by an agency that may include name, business address, type of license held, and status of the license;

    (14)  The name, compensation (but only the salary range for employees covered by or included in chapter 76, and sections 302A-602 to 302A-639, and 302A‑701, or bargaining unit (8)), job title, business address, business telephone number, job description, education and training background, previous work experience, dates of first and last employment, position number, type of appointment, service computation date, occupational group or class code, bargaining unit code, employing agency name and code, department, division, branch, office, section, unit, and island of employment, of present or former officers or employees of the agency; provided that this paragraph shall not require the creation of a roster of employees; and provided further that this paragraph shall not apply to information regarding present or former employees involved in an undercover capacity in a law enforcement agency;

    (15)  Information collected and maintained for the purpose of making information available to the general public; and

    (16)  Information contained in or compiled from a transcript, minutes, report, or summary of a proceeding open to the public.

     (b)  Any provision to the contrary notwithstanding, each agency shall also disclose:

     (1)  Any government record, if the requesting person has the prior written consent of all individuals to whom the record refers;

     (2)  Government records which, pursuant to federal law or a statute of this State, are expressly authorized to be disclosed to the person requesting access;

     (3)  Government records pursuant to a showing of compelling circumstances affecting the health or safety of any individual;

     (4)  Government records requested pursuant to an order of a court;

     (5)  Government records pursuant to a subpoena from either house of the state legislature; and

     (6)  Information from the motor vehicle registration files, provided that the person requesting such files shall have a legitimate reason as determined by rules.

     (c)  Any provision to the contrary notwithstanding, the governor shall disclose the names of all nominees for appointment to a board or commission provided to the governor by any appointing or nominating authority or by any group or organization."

     SECTION 3.  Section 103D-201, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The policy board shall consist of seven members. Notwithstanding the limitations of section 78-4, the members of the board shall include:

     (1)  The comptroller;

     (2)  A county employee with significant high-level procurement experience; and

     (3)  Five persons who shall not otherwise be full-time employees of the State or any county; provided that at least one member shall be a certified professional in the field of procurement, at least one member shall have significant high-level, federal procurement experience, and at least two members shall have significant experience in the field of health and human services.

Each appointed member shall have demonstrated sufficient business or professional experience to discharge the functions of the policy board.  The initial and subsequent members of the policy board, other than the comptroller, shall be appointed by the governor from a list of three individuals for each vacant position, submitted by a nominating committee composed of four individuals chosen as follows:  two persons appointed by the governor; one person appointed by the president of the senate; and one person appointed by the speaker of the house.  Except as provided in this section, the selection and terms of the policy board members shall be subject to the requirements of section 26-34.  The nominating committee shall be deemed to have fulfilled its obligation under this section upon confirmation by the senate of a nominee to fill each vacant position on the policy board.  No member of the policy board shall act concurrently as a chief procurement officer.  The members of the policy board shall devote such time to their duties as may be necessary for the proper discharge thereof."

     SECTION 4.  Section 174C-7, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  In appointing a member to the commission, the governor shall select from a list submitted by a nominating committee.  The nominating committee shall be composed of four individuals chosen as follows:  two persons appointed by the governor; one person appointed by the president of the senate; and one person appointed by the speaker of the house.  The committee shall solicit applications and send to the governor the names of at least three individuals for each open position.  The nominating committee shall be deemed to have fulfilled its obligation under this section upon confirmation by the senate of a nominee to fill each vacant position on the commission."

     SECTION 5.  Section 304A-104.6, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  The candidate advisory council shall initiate the recruitment and evaluation of candidates for each vacancy on the board of regents within:

     (1)  Sixty days of a vacancy; or

     (2)  At least one hundred twenty days prior to the expiration of a regent's term.

     The candidate advisory council shall be deemed to have fulfilled its obligation under this section upon confirmation by the senate of a nominee to fill each vacancy."

     SECTION 6.  Section 353-61, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  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 State Bar Association, a representative designated by the head of the Interfaith Alliance Hawaii, 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 panel shall be deemed to have fulfilled its obligation under this section upon confirmation by the senate of a nominee to fill each vacancy.  The requirement for nomination by the panel established under this section shall only apply to a nominee's nomination by the governor to an initial term on the paroling authority and not to any subsequent consecutive term of a sitting paroling authority member or chairperson whose initial appointment to office was made pursuant to a nomination by the panel."

     SECTION 7.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Boards and Commissions; Open Records; Procurement Policy Board; Commission on Water Resource Management; Candidate Advisory Council for the Board of Regents of the University of Hawaii; Hawaii Paroling Authority

 

Description:

Requires the disclosure of all names submitted to the governor as nominees for appointment to a board or commission by any appointing or nominating authority or by any group or organization.  Clarifies that the duties of an appointing or nominating authority, including committees or panels for the procurement policy board, commission on water resource management, candidate advisory council for the board of regents of the University of Hawaii, and Hawaii paroling authority are not terminated until a nominee has been confirmed by the senate to fill each vacancy.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.