Bill Text: HI SB533 | 2019 | Regular Session | Amended
Bill Title: Relating To State Boards And Commissions.
Spectrum: Strong Partisan Bill (Democrat 11-1)
Status: (Engrossed - Dead) 2019-03-07 - Referred to LAB/JUD, FIN, referral sheet 27 [SB533 Detail]
Download: Hawaii-2019-SB533-Amended.html
THE SENATE |
S.B. NO. |
533 |
THIRTIETH LEGISLATURE, 2019 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO STATE BOARDS AND COMMISSIONS.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The
legislature finds that existing law permits a member of a state board or
commission to continue as a holdover member until a successor is nominated and
appointed. However, clarification in the
law is needed to address situations where a board or commission member's
nomination for appointment or reappointment is withdrawn by the governor,
before the senate has an opportunity to complete the advise and consent
process. The legislature further finds
that if a member's nomination for reappointment has been withdrawn by the
governor for cause, that nominee should not then be able to continue as a
holdover member on a board or commission.
Accordingly, the purpose of this Act is to
clarify that any member of a state board or commission, whose nomination for appointment
or reappointment is withdrawn by the governor for cause prior to the senate's action
to advise and consent or not advise and consent shall be considered
disqualified, and if nominated for reappointment, ineligible to continue to
serve as a holdover member beyond the member's most recent term of appointment.
SECTION 2. Section 26-34, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Any member of a board or commission whose
term has expired and who is not disqualified for membership under subsection
(a) may continue in office as a holdover member until a successor is nominated
and appointed; provided that a holdover member shall not hold office beyond the
end of the second regular legislative session following the expiration of the member's
term of office[.]; provided further that any member whose nomination
for appointment or reappointment is withdrawn by the governor for cause prior
to being voted on by the senate to advise and consent or not advise and consent
shall be considered disqualified, and in the case of the nomination for
reappointment, be ineligible to continue to serve as a holdover member beyond
the member's most recent term of appointment."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2019.
Report Title:
Boards and Commissions; Holdover Members; Qualifications; Appointment
Description:
Clarifies that any member of a state board or commission, whose nomination for appointment or reappointment is withdrawn by the governor for cause prior to the senate's action to advise and consent or not advise and consent, shall be considered disqualified, and in the case of the nomination for reappointment, be ineligible to continue to serve as a holdover member beyond the member's most recent term of appointment. (SD1)
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