STAND. COM. REP. NO. 2500

Honolulu, Hawaii

RE: S.B. No. 2172

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Government Operations, to which was referred S.B. No. 2172 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:

(1) Establish the priority of who may assume the authority and duties of a chairperson of a board or commission in the chairperson's and all co-chairperson's absence at a hearing or meeting of a board or commission; and

(2) Prohibit staff members from assuming the authority and duties of the chairperson of a board or commission.

Your Committee received comments on this measure from the Department of Commerce and Consumer Affairs and Board of Regents of the University of Hawaiʻi.

Your Committee finds that when a chairperson or co-chairperson is absent from a hearing or meeting of a board or commission, it is necessary to ensure that the most qualified or experienced individual assumes their authority and duties. This measure will ensure that only the most qualified individual will assume the authorities and duties of a chairperson of a board or commission in the absence of the chairperson or all co-chairpersons from the meeting or hearing by establishing the priority of succession in statute.

Your Committee notes that boards and commissions generally follow the Robert's Rules of Order, which provides for lines of succession among committee members themselves upon the absence of the presiding chairperson. Notwithstanding, your Committee finds that there are valid reasons to expressly prohibit staff members from assuming control of the meetings. Accordingly, there is a need to amend this measure to address this matter.

Your Committee has amended this measure by:

(1) Deleting language that would have established the priority of individuals who may assume the authority of duties of a chairperson of a board or commission in the absence of the chairperson or all co-chairpersons from a hearing or meeting of the board or commission;

(2) Inserting an effective date of July 1, 2112, to encourage further discussion; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2172, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2172, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Government Operations,

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ANGUS L.K. MCKELVEY, Chair