STAND. COM. REP. NO. 843

Honolulu, Hawaii

RE: S.B. No. 1196

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 1196, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO BOARDS AND COMMISSIONS,"

begs leave to report as follows:

The purpose and intent of this measure is to clarify that board and commission holdover members shall not hold office beyond the end of the second regular legislative session following the expiration of the member's term of office regardless of any conflicting statutes.

Your Committee did not receive testimony for this measure.

Your Committee finds that when a member's seat on a state board or commission has expired, current law allows for the member to act as a holdover member until a successor is nominated and appointed, unless the holdover member is disqualified from serving by either not receiving the advice and consent of the Senate or by exceeding term limits. However, holdover members have argued that certain statutory provisions allow them to continue to hold office indefinitely until the governor appoints a replacement, even if they have exceeded statutory term limits. This measure makes clear that a holdover member shall not hold office beyond the end of the second regular legislative session following the expiration of the member's term of office and that this interpretation of the law shall take precedence over all conflicting statutes concerning holdover members.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1196, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

________________________________

KARL RHOADS, Chair