STAND. COM. REP. NO. 303-26

Honolulu, Hawaii

, 2026

RE: H.B. No. 1873

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Higher Education, to which was referred H.B. No. 1873 entitled:

"A BILL FOR AN ACT RELATING TO THE BOARD OF REGENTS OF THE UNIVERSITY OF HAWAII,"

begs leave to report as follows:

The purpose of this measure is to strengthen governance requirements that pertain to the members of the Board of Regents of the University of Hawaii.

Your Committee received testimony in opposition to this measure from the Society of Professional Journalists Hawaii Chapter and Public First Law Center. Your Committee received comments on this measure from the University of Hawaii Board of Regents; Department of the Attorney General; Office of Information Practices; and one individual.

Your Committee finds that the Board of Regents of the University of Hawaii (Board of Regents) plays a critical role in stewarding the University of Hawaii System, including setting long-term policy, overseeing complex finances, and making decisions that can affect the University for years to come. As such, it is important that candidates for the Board of Regents have the necessary experience and expertise to carry out their fiduciary duties. In addition, it is important that all members of the Board of Regents have governance training to assist them in their work.

Your Committee also finds that the Board of Regents needs flexibility to carry out strategic planning and a tailored exemption for strategic planning retreats from Open Meetings requirements can help the Board of Regents with long-term planning.

Lastly, your Committee notes that the requirement that the financial disclosures of members of the Board of Regents be made public has a chilling effect on the desire for highly qualified individuals to put themselves forward to serve on the Board of Regents. Repealing the requirement that Board of Regents members' financial disclosures be made public may encourage those individuals with the knowledge, skills, and experience necessary to help lead the University of Hawaii step up to serve.

Accordingly, your Committee has amended this measure by:

(1) Clarifying that this measure is a matter of statewide concern;

(2) Further clarifying when a strategic planning retreat undertaken by the Board of Regents is exempt from Open Meetings requirements by removing the requirement that there be no deliberation;

(3) Exempting the Board of Regents from making their financial disclosures public;

(4) Changing the effective date to July 1, 3000, to encourage further discussion; and

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

As affirmed by the record of votes of the members of your Committee on Higher Education that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1873, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1873, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Higher Education,

____________________________

ANDREW TAKUYA GARRETT, Chair