Hawaii-2024-SB3366-Introduced

PART I - BOARD OF EDUCATION

SECTION 1. Section 302A-121, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) The board shall consist of [~~nine~~] twelve members as follows:

(1) One member from the county of Hawaii;

(2) One member from the county of Maui;

(3) One member from the county of Kauai;

(4) Three members from the city and county of Honolulu; [~~and~~]

(5) Three at-large members; provided that the governor shall select an at-large member as the chairperson[.]; and

(6) The director of business, economic development, and tourism; the director of labor and industrial relations; and the president of the university of Hawaii, or their designated representatives, who shall serve as ex officio, voting members.

The members in paragraphs (1) to (5) shall be appointed by the governor, with the advice and consent of the senate. The governor may remove or suspend for cause any member of the board."

2. By amending subsection (c) to read:

"(c) The members of the board in subsection (a)(1) to (5) shall serve without pay but shall be entitled to reimbursement for necessary expenses, including travel and board and lodging expenses, while attending meetings of the board or when actually engaged in business relating to the work of the board."

SECTION 2. Section 302A-124, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) The governor shall select a chairperson of the board; provided that the chairperson shall be selected from among the at-large members. The board shall select a vice chairperson from among its members[,] under section 302A-121(a)(1) to (5), and the vice chairperson shall serve as interim chairperson in the event the chairperson's seat becomes vacant.

(b) A majority of all the voting members to which the board is entitled shall constitute a quorum to conduct business. At any time the board has fewer than [~~five~~] six voting members, three voting members of the board shall constitute a quorum to conduct business and the concurrence of at least three voting members shall be necessary to make any action of the board valid."

SECTION 3. Section 302A-125, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) The governor shall notify the senate in writing within ten days of:

(1) Removing a member of the board; or

(2) Receiving notification that a member of the board is resigning or has died;

provided that any vacancy shall be filled [~~by appointment by the governor, with the advice and consent of the senate,~~ ~~in accordance with sections 302A-121, 302A-122, 302A-123, 302A-126, and 302A-127.~~] in the same manner as the original appointment.

(b) Where the chairperson position becomes vacant, the governor may nominate a sitting at-large member of the board to the chairperson position in accordance with subsection (a) and shall fill any resulting vacancy in accordance with subsection (a)."

SECTION 4. Section 302A-126, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Upon the nomination of any board member[,] under section 302A-121(a)(1) to (5), the governor shall provide written documentation articulating the administration's goals and priorities with respect to the formation of a highly-functioning, well-balanced board, and describing the nominee's qualifications."

SECTION 5. Section 302A-127, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-127[]] Board of education; senate advice and consent. In determining whether to confirm the governor's nominees to the board[,] under section 302A-121(a)(1) to (5), the senate shall consider the combination of abilities, breadth of experiences, and characteristics of the board, as a whole, that will best serve the diverse interests and needs of the students and their families, the education system in Hawaii from early childhood through higher education, and the public libraries. Such considerations shall include but not be limited to reflecting the diversity of the student population, geographical representation, and a broad representation of education-related stakeholders."

PART II - BOARD OF REGENTS

SECTION 6. 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 [~~eleven~~] fourteen members. At least one member shall be a University of Hawaii student at the time of the initial appointment. [The governor shall reduce the terms of those initially appointed to each seat on the board of regents to provide, as far as practicable, for the expiration of three terms each year; provided that the term of the student member shall not be reduced.]

The members, except for the student member[,]; director of business, economic development, and tourism; director of labor and industrial relations; and the superintendent of education, or their designated representatives, shall represent and reside in the specified 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 director of business, economic development, and tourism; the director of labor and industrial relations; and the superintendent of education, or their designated representatives, shall serve as ex officio, voting members.

The board shall have the power, in accordance with the Hawaii constitution 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 7. Section 304A-104, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The affairs of the university shall be under the general management and control of the board of regents. [~~The board shall consist of eleven members who~~] Except as otherwise provided by law, members shall be appointed by the governor from lists of qualified candidates presented to the governor by the candidate advisory council, pursuant to section 304A-104.6, and shall be confirmed by the senate; provided that if the list of qualified candidates includes fewer than three candidates at any time during the nomination and confirmation process, the governor may request that the candidate advisory council reopen recruitment for qualified candidates. Members may be removed by the governor. Except as otherwise provided by law, state officers shall be eligible for appointment and membership.

The term of each member shall be five years, except as provided for the initial appointment in section 26-11; provided that the term of the student member shall be two years. Every member may serve beyond the expiration date of the member's term of appointment as a holdover member until the member's successor has been appointed by the governor and confirmed by the senate in accordance with article X, section 6 of the Hawaii State Constitution; provided that, notwithstanding any law to the contrary, a holdover member shall not serve as a member of the board beyond the end of the first regular session of the legislature following the expiration of the member's term. Members shall serve no more than two consecutive five-year terms; provided that the members who are initially appointed to terms of two years or less pursuant to section 26-11(a) may be reappointed to two ensuing five-year terms. If a member is to be appointed to a second term of five years, the senate shall consider the question of whether to reconfirm the member at least one hundred twenty days prior to the conclusion of a member's first five-year term; provided that if the senate is not in session within one hundred twenty days prior to the conclusion of the member's first five-year term, the member shall continue to serve until the senate convenes for the next regular session or the next special session for which the senate is authorized to consider the question of reconfirmation."

PART III

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	3366
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII