Bill Text: HI SB2301 | 2022 | Regular Session | Amended

---

Bill Title: Relating To Boards And Commissions.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2022-02-18 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. [SB2301 Detail]

Download: Hawaii-2022-SB2301-Amended.html

---

THE SENATE	S.B. NO.	2301
THIRTY-FIRST LEGISLATURE, 2022		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO BOARDS AND COMMISSIONS.

 

 

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

 

     SECTION 1.  The legislature finds that state boards and commissions provide an opportunity for a cross-section of Hawaii's residents to offer vital input and a means of influencing decisions that shape the quality of life for the residents of Hawaii.  The governor nominates and appoints more than one hundred and seventy board and commission positions established by the Hawaii State Constitution, Hawaii Revised Statutes, and executive orders.

     The legislature further finds that it is imperative that members of boards and commissions are appropriately and timely nominated and appointed to enable the boards and commissions to meet and conduct business.

     The purpose of this Act is to:

     (1)  Require the governor to appoint an individual to fill a vacancy in any board or commission within one hundred eighty days of the vacancy;

     (2)  Limit holdover appointments to the end of the legislative session following the expiration of the member's term;

     (3)  Require department heads to inform the governor of any vacancy in any board or commission;

     (4)  Provide for the term expiration of a holdover member of a board or commission at the end of the first regular legislative session following the expiration of the member's term; and

     (5)  Authorize the president of the senate to nominate a successor member for a board or commission in the event a holdover member's term is set to expire and the governor fails to nominate a successor.

     SECTION 2.  Section 26-34, Hawaii Revised Statutes, is amended to read as follows:

     "§26-34  Selection and terms of members of boards and commissions.  (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.  The governor shall appoint individuals to fill vacancies occurring in the membership of boards and commissions within one hundred eighty days of the expiration of a member's term.  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.

     (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] adjournment sine die of the [second] regular legislative session following the expiration of the member's term of office[.] pursuant to subsection (a); provided further that upon the expiration of the holdover member's term, a vacancy is created on the board or commission, which shall be subject to the advice and consent of the senate as provided in subsection (a).

     (c)  A vacancy occurring in the membership of any board or commission during a term shall be [filled]:

     (1)  Promptly reported to the governor by the head of the department in which the board or commission is placed or administratively attached; and

     (2)  Filled for the unexpired term thereof, subject to Article V, section 6 of the Constitution of the State.

     (d)  If, during a regular legislative session:

     (1)  A board or commission member's allowable term, including any allowable holdover term pursuant to subsection (b), will be expired at adjournment sine die; and

     (2)  The governor has not nominated a successor by the date that the senate, by rule, has established as the deadline to receive a nomination or appointment for consideration during that legislative session,

then a successor may be nominated and, by and with the advice and consent of the senate, be appointed by the president of the senate; provided that this subsection shall not apply to members of a board or commission that serves as the head of a principal department of the State as provided in article V, section 6, of the state constitution.

     [(d)] (e)  The governor may remove or suspend for cause any member of any board or commission after due notice and public hearing.

     [(e)] (f)  Except as otherwise provided by this chapter, this section shall apply to every board and commission established by part I, or existing or established after November 25, 1959.  All new appointments to any board or commission shall thereafter be made in accordance with this section.

     [(f)] (g)  This section shall not apply to ex officio members of boards and commissions or to the board of trustees of the employees retirement system."

     SECTION 3.  Section 30-4, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§30-4[]]  Duties of outgoing governor.  It shall be incumbent upon the outgoing governor to:

     (1)  Provide channels enabling the governor-elect to:

          (A)  Inform career civil servants of governor-elect's program goals and new policies;

          (B)  Effect communication channels with the administration of the governor.  The governor-elect may obtain information from the governor's administration by circulating questionnaires or by other means.  Information sought may include any questions [which] that will effect the intent of the legislature in enacting this legislation, as expressed in section 30-1.  [Such] The contacts may also include inquiries designed to elicit descriptions of programs, recommendations, and justifications for elimination, curtailment, or expansion of services, projections of future developments or needs within program areas, recommendations for administrative changes, comments upon anticipated federal developments [which] that might have program or budgetary implications for state programs, and elaboration of procedural details[.]; and

          (C)  Appoint individuals to fill vacancies occurring in the membership of boards and commissions within one hundred eighty days after a member's term has expired.  The governor shall provide the governor-elect with an up-to-date list of information on boards' and commissions' memberships, terms of service, and any pending vacancies; and

     (2)  Direct that official documents, vital information, and procedural manuals be given to the governor-elect upon the governor-elect's request."

     SECTION 4.  Section 201B-2, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

     "(b)  The authority shall be headed by a policy-making board of directors that shall consist of twelve members; provided that:

     (1)  The members shall be appointed by the governor as provided in section 26-34[, except as provided by this section];

     (2)  The members shall include at least one representative each from the city and county of Honolulu and the counties of Hawaii, Kauai, and Maui;

     (3)  Three members shall be appointed by the governor from a list of three names submitted for each appointment by the president of the senate, and three members shall be appointed by the governor from a list of three names submitted for each appointment by the speaker of the house of representatives; provided that if fewer than three names are submitted for each appointment, the governor may disregard the list;

     (4)  At least six members shall have knowledge, experience, and expertise in the area of accommodations, transportation, retail, entertainment, or attractions, and at least one member appointed by the governor shall have knowledge, experience, and expertise in the area of Hawaiian cultural practices; provided that no more than three members shall represent, be employed by, or be under contract to any sector of the industry represented on the board;

     (5)  The governor shall make appointments to ensure the fulfillment of all requirements of paragraphs (2) and (4); provided that upon the occurrence of a vacancy subject to paragraph (3), the governor shall notify the president of the senate and the speaker of the house of representatives of any unfulfilled requirements pursuant to paragraphs (2) and (4), and the president of the senate or the speaker of the house of representatives, as appropriate, shall submit nominees who fulfill those requirements; and

     (6)  No person who has served as a member of the board of directors of the Hawaii Visitors and Convention Bureau shall be eligible to sit as a member of the board of directors of the Hawaii tourism authority until at least two years have expired between the person's termination from service on the Hawaii Visitors and Convention Bureau board and the person's appointment to the authority's board of directors.

     (c)  Members shall be appointed by the governor for terms of four years; provided that membership on the board shall not exceed eight consecutive years; provided further that each member shall hold office [until the member's successor is appointed and qualified.] as a holdover member subject to section 26-34."

     SECTION 5.  This Act shall preempt any other law governing the term of a holdover member of a state board or commission that was in effect prior to the effective date of this Act, to the extent that those laws are inconsistent with this Act.

     SECTION 6.  Notwithstanding any other law to the contrary, the term of any member of a board or a commission who:

     (1)  Is a holdover member whose term has expired;

     (2)  Has not been disqualified for membership pursuant to section 26-34(a), Hawaii Revised Statutes;

     (3)  Has held office beyond the end of the first regular legislative session following the expiration of that member's term of office; and

     (4)  Is not a member of a board or commission that serves as the head of a principal department of the State as provided in article V, section 6, of the state constitution,

shall expire on the effective date of this Act.

     SECTION 7.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     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.

 

 

Report Title:

Advise and Consent; Boards and Commissions; Appointment; Vacancy; Holdover Member; Hawaii Tourism Authority; Governor

 

Description:

Provides for the term expiration of a holdover member of a board or commission at the end of the first regular legislative session following the expiration of the member's term.  Requires the Governor to appoint an individual to fill all board and commission vacancies within one hundred eighty days.  Authorizes the President of the Senate to nominate a successor member for a board or commission in certain circumstances.  Limits holdover appointments in certain respects.  Requires department heads to inform the Governor of any vacancy in any board or commission.  Makes conforming amendments.  (SD1)

 

 

 

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