RELATING TO THE BOARD OF REGENTS.

SB2659

THE SENATE

S.B. NO.

2659

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

Relating
to the board of regents
.

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

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SECTION 1.
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The
legislature finds that appointing a university employee to the board of regents
may create a conflict of interest, as an employee may have personal or
departmental interests that could raise ethical concerns, compromise the
impartiality of decisions made by the board of regents, and erode the public's
trust in the governance of the university.
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An employee serving on the board of regents may have, or create the
perception of having, divided loyalties and prioritize their department's
interests over the broader needs of the university, thus undermining the
board's responsibility to act in the best interest of the institution.
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Furthermore, the dual roles of employee and
regent could lead to confusion regarding duties and responsibilities, hindering
effective decision-making.

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The legislature further finds that
prohibiting individuals who are employees of the university of Hawaii from
serving on the board of regents ensures impartial governance, preserves objective
decision-making, prevents potential conflicts of interest, and maintains public
trust in the university of Hawaii's leadership.

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The legislature also finds that prohibiting
active employees of the university of Hawaii and the research corporation of
the university of Hawaii from serving on the board of regents is a matter of
statewide concern pursuant to article X, section 6, of the Hawaii State
Constitution.

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Therefore, the purpose of this Act is to
ensure that only individuals without a current employment relationship with the
university of Hawaii shall be eligible for appointment to the board of regents.

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SECTION
2
.
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Section 304A-104, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:

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"
(a)
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The affairs of the university shall be under the general management and
control of the board of regents.
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The
board 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.
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Members may be
removed by the governor.
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No active
employee of the university or the research corporation of the university of
Hawaii shall be eligible for appointment to the board of regents.
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Except as otherwise provided by law, state
officers shall be eligible for appointment and membership.

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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.
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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.
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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.
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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.
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SECTION 3.
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New statutory material is underscored.

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SECTION 4.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

UH; BOR;
RCUH; Membership; Qualification

Description:

Prohibits
active employees of the University of Hawaii or the Research Corporation of the
University of Hawaii from serving on the Board of Regents.

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