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SB2862
THE SENATE
S.B. NO.
2862
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to gubernatorial appointments
.
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 Act 127, Session
Laws of Hawaii 2016, established a special action team on affordable rental
housing to recommend ways to increase the supply of rental housing,
particularly rental housing affordable to low- and moderate-income
families.
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The special action team was
required to produce a ten-year plan that inventoried available housing parcels
and assessed housing needs for persons with low or no income, such as the
disabled and functionally challenged populations.
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The
legislature further finds that the legislature created the ohana zones program
in 2018 in response to emergency proclamations from the governor that declared
homelessness to be a crisis.
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In
addition, various temporary housing and shelter initiatives were implemented or
proposed by the State, the counties, and nonprofit organizations, including
ohana zones, the kauhale initiative, and the homeless outreach and navigation
for unsheltered persons program.
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In
2021, the legislature established the statewide office on homelessness and
housing solutions to determine the State's specific housing and homelessness
service needs and to create and lead a coordinated statewide response to
homelessness.
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The
legislature recognizes that, other than a ten-year plan by the Hawaii
interagency council on homelessness in 2022, the statewide office on
homelessness and housing solutions has not itself created a plan to fulfill its
statutory mission to address homelessness in the State.
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The legislature also recognizes that the
January 2025 report from the statewide office on homelessness and housing
solutions was merely an assembly of plans from other state and county agencies;
the statewide office on homelessness and housing solutions did not present a
coordinated statewide plan of its own.
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The legislature is further concerned that the point-in-time count, which
is the main metric by which the State may assess whether homelessness goals are
being met, was canceled for the city and county of Honolulu in 2025.
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The
legislature finds that the coordinator on homelessness, who serves as the
leader of the statewide office on homelessness and housing solutions, was
requested to create a plan that delineates clear pathways to stable housing for
different demographic groups experiencing homelessness.
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These discrete pathways are critical because
different demographic groups may face very different issues when seeking stable
housing.
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Therefore, the pathway to
stable housing for individuals who are functionally challenged will likely be
different than the pathways for kupuna, youth who have just aged out of foster
homes, and persons who were recently released from incarceration.
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The
legislature is also concerned that the statewide office on homelessness and
housing solutions has appeared to be disproportionately focused on the city and
county of Honolulu.
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For example, a
recent budget request prioritized $8,000,000 for the city and county of
Honolulu's homeless outreach and navigation for unsheltered persons program
over other counties' requests.
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This
request seemingly contradicted the conclusion of the statewide office on
homelessness and housing solutions' own 2025 report, which recognized that
"diversion programs only work to help end homelessness if there are places
for people to 'transition' and 'divert' into."
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The budget request also failed to consider
the special action team on affordable rental housing's 2018 report addressing
the needs of persons with low or no income.
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The
legislature concludes that it is critical that the coordinator on homelessness
and other high-level officials within the executive branch be answerable to the
needs of the entire State.
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One way to
promote accountability and to ensure that these positions are filled by
qualified individuals is to require appointments to these positions to be
subject to the advice and consent of the senate.
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Accordingly,
the purpose of this Act is to:
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(1)
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Require any person who is appointed by
the governor to serve in the executive branch in a position that is not subject
to the civil service law to obtain the advice and consent of the senate if that
person's annual salary is greater than $160,000 and is not paid
from
the budget of the office of the governor
; and
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(2)
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Require persons who currently serve in
positions that are made subject to the advice and consent of the senate by this
Act to obtain the advice and consent of the senate during the regular session
of 2027.
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SECTION
2.
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Chapter 26, Hawaii Revised Statutes,
is amended by adding a new section to part II to be appropriately designated
and to read as follows:
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"
�26-
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Gubernatorial
appointments; salaries; senate confirmation.
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(a)
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Any person appointed by the governor to serve
in the executive branch shall obtain the advice and consent of the senate if
the person's annual salary:
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(1)
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Is greater than $160,000; and
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(2)
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Is not paid from the budget of the
office of the governor.
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(b)
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If a person who would be
subject to senate confirmation under this section is required to obtain the
advice and consent of the senate under any other law, the provisions of that
law shall supersede any conflicting provisions of this section.
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(c)
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As used in this section, "person
appointed by the governor to serve in the executive branch" means a person
appointed by the governor to serve in a salaried position in the executive
branch that is not subject to chapter 76.
"
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SECTION
3.
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(a)
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No later than the forty-first day of the regular session of 2027, the
governor shall transmit governor's messages to the senate president containing
nominations for each gubernatorial appointee who was appointed to their
position before the effective date of this Act and whose annual salary is
greater than $160,000 and is not paid from the budget of the office of the
governor.
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(b)
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No gubernatorial appointee nominated pursuant
to subsection (a) shall continue to serve in that person's position after the
adjournment sine die of the regular session of 2027 unless the person obtains
the advice and consent of the senate.
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SECTION
4.
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New statutory material is
underscored.
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SECTION 5.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Gubernatorial
Appointments; Salaries; Senate Confirmation; Advice and Consent
Description:
Requires
any person appointed by the Governor to serve in the Executive Branch in a
position that is not subject to the civil service law to obtain the advice and
consent of the Senate if that person's salary is greater than $160,000 and is
not paid from the budget of the Office of the Governor.
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Requires persons currently serving in
positions made subject to the advice and consent of the Senate by this Act to
obtain the advice and consent of the Senate during the Regular Session of 2027.
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