SECTION 1. The purpose of this Act is to change the structure of the University of Hawaii board of regents to include members of key stakeholder groups within the University of Hawaii system. These additional members will be from the student and faculty populations, with the aim being to increase transparency of board of regents activities as well as to have more representation in regards to key policy and procedural decisions. With additional board representation, students and faculty alike will have the opportunity to participate in a shared governance structure of our university.

SECTION 2. 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 [~~fifteen~~] eighteen members. At least one member shall be [a] an undergraduate student at any campus of the University of Hawaii [~~student~~] system, including any community college, at the time of the initial appointment[.] and shall be known as the undergraduate student member. This member may be reappointed for one additional term even though the member may no longer be [a] an undergraduate student at the time of reappointment. At least one member shall be a graduate student at any campus of the University of Hawaii system and shall be known as the graduate student member. This member may be reappointed for one additional term even though the member may no longer be a graduate student at the time of reappointment. At least one member shall be a faculty member for a graduate or research program at any campus of the University of Hawaii system and shall be known as the research faculty member. At least one member shall be a faculty member at any campus of the University of Hawaii system and shall be known as the at-large faculty member. 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~~] terms of the undergraduate student member, the graduate student member, the research faculty member, and the at-large faculty member shall not be reduced.

At least twelve members, except for the undergraduate student member, the graduate student member, the research faculty member, and the at-large faculty 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) Seven members from the city and county of Honolulu.

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 3. 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 [~~fifteen~~] eighteen 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.

The term of each member shall be five years, except as provided for the initial appointment in section 26-11; provided that the [~~term~~] terms of the undergraduate student member, the graduate student member, the research faculty member, and the at-large faculty member shall each be two years.

Every member may serve beyond the expiration date of the member's term of appointment 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. 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~~] a reduced term, pursuant to section 26-11(a), may be reappointed to two ensuing [~~five-year~~] full 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."

SECTION 4. Section 304A-104.6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The candidate advisory council shall:

(1) Develop and implement a fair and independent procedure for evaluating candidates to serve on the board 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;

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

(4) Actively solicit and consider the recommendations and opinions of representative organizations regarding potential candidates for the position of undergraduate student member, graduate student member, research faculty member, and at-large faculty member of the board of regents;

[~~(4)~~] (5) Evaluate candidates for the board of regents on their background, experience, and potential for discharging the responsibilities of a member of the board of regents, based upon the qualifications imposed by the Hawaii State Constitution; and

[~~(5)~~] (6) 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."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval; provided that any member of the board of regents, who was a student of the University of Hawaii at the time of initial appointment, may continue to serve, and shall be considered the graduate student member, until that 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 further that the term of the initial at-large faculty member shall be reduced to coincide with the term of the current student member of the board of regents; provided further that the terms of the undergraduate student member and the research faculty member, shall commence on a date that prevents the expiration of their terms from occurring during the same year as the expiration of the terms of the graduate student member and the at-large faculty member.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	636
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII