Bill Text: HI SB3366 | 2022 | Regular Session | Introduced

Hawaii Senate Bill 3366 (Prior Session Legislation)

Introduced

Bill Title: Relating To Higher Education.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-28 - Referred to HRE, JDC/WAM. [SB3366 Detail]

Download: Hawaii-2022-SB3366-Introduced.html

THE SENATE	S.B. NO.	3366
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

relating to higher education.

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

PART I

SECTION 1. The legislature finds that the goals and missions of the University of Hawaii at Manoa, University of Hawaii at West Oahu, and University of Hawaii at Hilo, as four‑year universities, are different from the goals and missions of the seven campuses of the University of Hawaii community colleges. The legislature further finds that the establishment of a separate Hawaii community college system will lead to higher quality community colleges and better management of the state higher education system overall.

The legislature also finds that an efficient organizational structure of the State's higher education system and its finances are matters of statewide concern.

The purpose of this Act is to establish a Hawaii community college system.

PART II

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to title 18 be appropriately designated and to read as follows:

"Chapter

hawaii community college system

§ -1 Establishment. There is established a Hawaii community college system, which shall consist of all community colleges in the State, including Hawaii community college, Honolulu community college, Kapiolani community college, Kauai community college, Leeward community college, Maui college, and Windward community college.

No person shall be deprived of the privileges of the community colleges because of race, color, religion, sex, national origin, or physical disability. As used in this section, "physical disability" means a physical impairment that substantially limits one or more of a person's major life activities.

§ -2 Definitions. As used in this chapter, unless the context otherwise requires:

"Board of regents" means the board of regents of the Hawaii community college system established in section -4.

"President" means the president of the Hawaii community college system.

"System" means the Hawaii community college system.

§ -3 Established as a corporation; general powers. The Hawaii Community College system is established and is constituted as a body corporate. The system, under the direction of the board of regents, shall have the following general powers:

(1) To adopt, amend, and repeal bylaws governing the conduct of its business and the performance of the powers and duties granted to or imposed upon it by law;

(2) To acquire in any lawful manner any property, real, personal, or mixed, tangible or intangible, or any interest therein; to hold, maintain, use, and operate that property; and to sell, lease, or otherwise dispose of that property at any time, in any manner, and to the extent deemed necessary or appropriate to carry out its purposes;

(3) To enter into and perform contracts, leases, cooperative agreements, or other transactions as may be necessary in the conduct of its business and on terms it may deem appropriate, with any agency or instrumentality of the United States, with any state, territory, or possession, or with any political subdivision thereof, or with any person, firm, association, or corporation;

(4) To determine the character of and the necessity for its obligations and expenditures and the manner in which they shall be incurred, allowed, and paid, subject to provisions of law specifically applicable to the system;

(5) To execute, in accordance with its bylaws, all instruments necessary or appropriate in the exercise of any of its powers; and

(6) To take actions as may be necessary or appropriate to carry out the powers conferred upon it by law.

§ -4 Regents; community colleges; appointment; tenure; qualifications; meetings. (a) The affairs of the system shall be under the general management and control of the board of regents for community colleges, which shall be a separate body from the board of regents of the University of Hawaii established by section 304A-104.

(b) The board of regents for community colleges shall consist of eleven members who 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.

(c) The term of each member shall be five years, except as provided for the initial appointment in section 26- ; 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 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- (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.

(d) In determining whether to confirm the governor's nominee to the board of regents, the senate shall consider the combination of abilities, breadth of experiences, and characteristics of the board of regents, as a whole, that will best serve the diverse interests and needs of the students of the system and assist the system in achieving its strategic goals and performance indicators. The senate shall consider whether the board reflects the diversity of the student population, the various counties of the State, and a broad representation of higher education-related stakeholders.

(e) At its first meeting after June 30 of each year, the board of regents shall elect a chairperson and one or more vice‑chairpersons who shall serve until the adjournment of the first meeting of the board of regents after June 30 of the next year, or thereafter until their successors are elected; provided that the chairperson and vice chairpersons shall not be elected prior to the taking of office of regents whose terms shall begin on July 1 of that year. The board shall appoint a secretary, who shall not be a member of the board. The president of the Hawaii community college system shall act as executive officer of the board. A majority of the board of regents shall constitute a quorum to conduct business, and the concurrence of a majority of all the members to which the board of regents is entitled shall be necessary to make any action of the board of regents valid. The board shall meet at least ten times annually and, from time to time, may meet in each of the counties of Hawaii, Maui, and Kauai.

(f) The governor shall notify the candidate advisory council in writing within ten days of receiving notification that a member of the board of regents is resigning or has died, or is being removed by the governor.

(g) The members of the board of regents shall serve without pay but shall be entitled to their travel expenses within the State when attending meetings of the board or when actually engaged in business relating to the work of the board.

§ -5 Powers of regents; official name. (a) The board of regents for community colleges shall have management and control of the general affairs and exclusive jurisdiction over the internal structure, management, and operation of the system. The board may:

(1) Appoint a treasurer and other officers as it deems necessary;

(2) Authorize any officer, elected or appointed by it, to approve and sign on its behalf any voucher or other document that the board may approve and sign;

(3) Delegate to the president or the president's designee the authority to render the final decision in contested case proceedings subject to chapter 91, as it deems appropriate;

(4) Purchase or otherwise acquire lands, buildings, appliances, and other property for the purposes of the system; and

(5) Expend any sums of money as, from time to time, may be placed at the disposal of the system from whatever source; provided that notwithstanding any other law to the contrary, all documents regarding expenditures and changes thereto, made by the board shall be disclosed in open meetings for the purpose of public comment; provided further that all expenditure requests, proposals, and any other budgetary documents used by the board at an open meeting shall be made available to the public at least six calendar days before the meeting.

All lands, buildings, appliances, and other property so purchased or acquired shall be and remain the property of the system to be used in perpetuity for the benefit of the system. The board, in accordance with this section and other law, shall manage the inventory, equipment, surplus property, and expenditures of the system and, subject to chapter 91, may adopt rules to control and regulate the system.

(b) The board of regents shall develop internal policies and procedures for the procurement of goods, services, and construction, consistent with the powers of the board set forth by this chapter, and the goals of public accountability and public procurement practices set forth by chapter 103D.

(d) The official name of the board shall be the board of regents, Hawaii community college system. The board shall adopt and use a common seal by which all official acts shall be authenticated.

§ -6 System of community colleges; purpose. (a) The board of regents shall develop and administer a system of community colleges.

(b) The purposes of community colleges shall be to provide:

(1) Two-year college transfer and general education programs;

(2) Two- and four-year career and technical education programs;

(3) Semiprofessional, career and technical, and continuing education programs; and

(4) Other educational programs and services as may be appropriate to the institutions.

(c) The board may confer a corresponding degree or certificate upon the successful completion of any educational program described in subsection (b) to all students who are entitled thereto."

PART III

SECTION 3. Chapter 26, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§26- Hawaii community college system. (a) The Hawaii community college system shall be headed by an executive board to be known as the board of regents, Hawaii community college system.

The board of regents shall consist of eleven members. At least one member shall be a Hawaii community college system 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, 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 board of regents shall have the power, in accordance with the Hawaii constitution and with law, to formulate policy and to exercise control over the Hawaii community college system through its executive officer, the president of the Hawaii community college system. The board of regents shall have exclusive jurisdiction over the internal organization and management of the Hawaii community college system.

(b) The board of regents shall appoint and may remove an executive officer to be known as the president of the Hawaii community college system."

SECTION 4. Section 26-4, Hawaii Revised Statutes, is amended to read as follows:

"§26-4 Structure of government. Under the supervision of the governor, all executive and administrative offices, departments, and instrumentalities of the state government and their respective functions, powers, and duties shall be allocated among and within the following principal departments that are hereby established:

(1) Department of human resources development (Section 26‑5)

(2) Department of accounting and general services (Section 26-6)

(3) Department of the attorney general (Section 26-7)

(4) Department of budget and finance (Section 26-8)

(5) Department of commerce and consumer affairs (Section 26-9)

(6) Department of taxation (Section 26-10)

(7) University of Hawaii (Section 26-11)

(8) Department of education (Section 26-12)

(9) Department of health (Section 26-13)

(10) Department of human services (Section 26-14)

(11) Department of land and natural resources (Section 26‑15)

(12) Department of agriculture (Section 26-16)

(13) Department of Hawaiian home lands (Section 26-17)

(14) Department of business, economic development, and tourism (Section 26-18)

(15) Department of transportation (Section 26-19)

(16) Department of labor and industrial relations (Section 26-20)

(17) Department of defense (Section 26-21)

(18) Department of public safety (Section 26-14.6)[.]

(19) Hawaii community college system (Section 26- )."

SECTION 5. Section 304A-101, Hawaii Revised Statutes, is amended to read as follows:

"[[]§304A-101[]] Establishment; available to all. There shall be a University of Hawaii that shall consist of [~~such~~] colleges and departments as may from time to time be established[.]; except for the State's community colleges. As used in this chapter, "university" refers to the University of Hawaii, unless otherwise required by the context.

No person, because of race, color, religion, sex, national origin, or physical disability, shall be deprived of the privileges of the university. As used in this section, "physical disability" means a physical impairment that substantially limits one or more of a person's major life activities."

SECTION 6. Section 304A-104.6, Hawaii Revised Statutes, is amended by amending its title and subsections (a) through (g) to read as follows:

"[[]§304A-104.6[]] Candidate advisory council [~~for the board~~]; boards of regents [~~of the~~]; University of Hawaii[.]; community college system. (a) The candidate advisory council for the [~~board~~] boards of regents of the University of Hawaii and Hawaii community college system shall recruit, evaluate, and present to the governor qualified candidates for nomination to a vacant seat on the board of regents[.] of the University of Hawaii and the board of regents of the Hawaii community college system. The candidate advisory council shall be attached to the University of Hawaii for administrative purposes.

(b) The candidate advisory council shall:

(1) Develop and implement a fair and independent procedure for evaluating candidates to serve on the [~~board~~] boards of regents;

(2) Require candidates and members of their immediate families to disclose any existing or anticipated contracts or financial transactions with the University of Hawaii[;] and Hawaii community college system;

(3) Actively solicit and accept applications from potential candidates;

(4) Evaluate candidates for the [~~board~~] boards of regents on their background, experience, and potential for discharging the responsibilities of a member of the board of regents[,] of the University of Hawaii or the board of regents of the Hawaii community college system, based upon the qualifications imposed by the Hawaii State Constitution; and

(5) Present a list of at least three candidates to the governor for nomination and appointment for each vacant seat on the board of regents of the University of Hawaii[.] or the board of regents of the Hawaii community college system.

(c) The candidate advisory council shall initiate the recruitment and evaluation of candidates for each vacancy on [~~the~~] a 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.

(d) To provide continuity for the [~~board~~] boards of regents, the governor may recommend to the candidate advisory council the reappointment of a member of [~~the~~] a board of regents, subject to the advice and consent of the senate.

(e) The candidate advisory council shall consist of seven voting members to be appointed without regard to section 26-34 as follows:

(1) One member who shall be appointed by the president of the senate;

(2) One member who shall be appointed by the speaker of the house of representatives; and

(3) Five members who shall be appointed by the governor.

A member of the Association of Emeritus Regents of the University of Hawaii, appointed by the chair of the Association of Emeritus Regents of the University of Hawaii, shall serve as an ex officio, nonvoting member of the candidate advisory council, for a term not to exceed two years; provided that the appointment shall run concurrently with the term of the appointing chair.

The president of the senate, speaker of the house of representatives, and governor are encouraged to appoint full‑time students of the university, full-time students of the Hawaii community college system, university faculty, Hawaii community college system faculty, university staff, [or] Hawaii community college system staff, university alumni, or Hawaii community college system alumni to the candidate advisory council; provided that if a full-time University of Hawaii student is appointed to the candidate advisory council, the student shall have been enrolled as a full-time student for at least three consecutive semesters and shall serve for a term of two years.

(f) Voting members of the candidate advisory council shall serve for the following terms:

(1) Those appointed by the president of the senate and speaker of the house of representatives shall serve for a term of four years; and

(2) Those appointed by the governor shall serve for a term of four years; provided that [~~such~~] the appointments shall run concurrently with the term of the appointing governor.

(g) Appointees to the candidate advisory council shall have a general understanding of the purposes of higher education, the mission and strategic goals of the University of Hawaii system[,] and the Hawaii community college system, and the role and responsibilities of the [~~board~~] boards of regents. Appointees shall be individuals who are widely viewed as having placed the broad public interest ahead of special interests, are respected by the community, and are highly qualified to recruit and evaluate candidates for the governor's consideration."

PART IV

SECTION 7. (a) If a constitutional amendment providing for the establishment of a Hawaii community college system is ratified:

(1) Notwithstanding section 304A-104.6, Hawaii Revised Statutes, to the contrary, the board of regents candidate advisory council shall initiate recruitment and evaluation of candidates for the board of regents of the Hawaii community college system no later than thirty days after the ratification and submit a list of candidates no later than ninety days after the ratification;

(2) The governor shall nominate candidates for the board of regents of the Hawaii community college system for senate advice and consent no later than thirty days after the governor receives the list of candidates from the board of regents candidate advisory council; and

(3) The governor, in consultation with the board of regents of the University of Hawaii and the board of regents of the Hawaii community college system, shall submit proposed legislation necessary to effectuate the transfer of the community college system from the University of Hawaii system to the Hawaii community colleges system no later than twenty days prior to the convening of the regular session of 2024.

(b) If a constitutional amendment providing for the establishment of a Hawaii community college system is ratified, the board of regents of the University of Hawaii shall continue to administer the state community colleges through June 30, 2023. Beginning July 1, 2023, and until the enactment of legislation effectuating the transfer of the community colleges to the Hawaii community college system, the board of regents of the Hawaii community college system shall have the sole authority to formulate policy for and provide for the administration of the Hawaii community college system; provided that the board of regents of the Hawaii community college system shall administer the community colleges in compliance with:

(1) Chapter , Hawaii Revised Statutes, enacted pursuant to part II of this Act; and

(2) Chapter 304A, Hawaii Revised Statutes, and other relevant laws;

provided further that if there is a conflict between chapters and 304A, Hawaii Revised Statutes, the provisions of chapter , Hawaii Revised Statutes, shall control.

(c) Beginning July 1, 2023, the budget of the University of Hawaii community colleges shall be transferred from the University of Hawaii to the Hawaii community college system.

PART V

SECTION 8. All rights, powers, functions, and duties of the University of Hawaii as they relate to the community colleges are transferred to the Hawaii community college system as of July 1, 2023.

All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

SECTION 9. All rules, policies, procedures, guidelines, and other material adopted or developed by the University of Hawaii to implement provisions of the Hawaii Revised Statutes that are reenacted or made applicable to the Hawaii community college system by this Act shall remain in full force and effect until amended or repealed by the Hawaii community college system pursuant to chapter 91, Hawaii Revised Statutes.

In the interim, every reference to the University of Hawaii, board of regents of the University of Hawaii, or president of the University of Hawaii in those rules, policies, procedures, guidelines, and other material is amended to refer to the Hawaii community college system, board of regents of the Hawaii community college system, or president of the Hawaii community college system, as appropriate.

SECTION 10. All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the University of Hawaii, pursuant to the provisions of the Hawaii Revised Statutes, that are reenacted or made applicable to the Hawaii community college system by this Act shall remain in full force and effect. Beginning July 1, 2023, every reference to the University of Hawaii, board of regents of the University of Hawaii, or the president of the University of Hawaii therein shall be construed as a reference to the Hawaii community college system, the board of regents of the Hawaii community college system, or the president of the Hawaii community college system, as appropriate.

SECTION 11. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the University of Hawaii relating to the functions transferred to the Hawaii community college system shall be transferred with the functions to which they relate.

PART VI

SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 13. This Act shall take effect upon its approval and upon ratification of a constitutional amendment providing for the establishment of a Hawaii community college system.

INTRODUCED BY:	_____________________________

Report Title:

Community Colleges; UH; Hawaii Community College System; Separate Governance Structure

Description:

Establishes a Hawaii Community College System, to be governed independently from the University of Hawaii. Transfers jurisdiction over the State's community colleges from the University of Hawaii to the Hawaii Community College System. Effective upon ratification of a constitutional amendment providing for the establishment of a Hawaii Community College System.

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