(a) There is established the Mauna Kea stewardship and oversight authority, which shall be a body corporate and a public instrumentality of the State for the purpose of implementing this chapter. The authority shall serve jointly with the University of Hawaii in fulfilling the obligations and duties under the state lease for a period of five years as established in section 195H-6. The authority shall be placed within the department of land and natural resources for administrative purposes; provided that § 26-35 shall not apply to the authority.

Terms Used In Hawaii Revised Statutes 195H-3

  • Authority: means the Mauna Kea stewardship and oversight authority. See Hawaii Revised Statutes 195H-2
  • Chairperson: means the chairperson of the authority. See Hawaii Revised Statutes 195H-2
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Descendent: One who is directly descended from another such as a child, grandchild, or great grandchild.
  • Ex officio: Literally, by virtue of one's office.
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Person: includes an individual, a partnership, a corporation, or an association, except as otherwise defined in this chapter. See Hawaii Revised Statutes 195H-2
  • Quorum: The number of legislators that must be present to do business.
(b) The authority shall consist of eleven voting members; provided that all members listed under paragraphs (4), (5), (6), (7), (8), (9), and (10) shall be appointed by the governor and subject to confirmation by the senate pursuant to § 26-34. If a past member of the University of Hawaii board of regents is appointed to fill the seat described in paragraph (3), the appointee shall be subject to confirmation by the senate pursuant to § 26-34. The chancellor of the University of Hawaii at Hilo shall serve as an ex officio, nonvoting member. The voting members shall include:

(1) The chairperson of the board of land and natural resources, or the chairperson’s designee;
(2) The mayor of the county of Hawaii, or the mayor’s designee;
(3) The chairperson of the board of regents of the University of Hawaii; provided that the chairperson of the University of Hawaii board of regents may designate a:

(A) Member of the board of regents; or
(B) Past member of the board of regents with experience with Mauna Kea, to serve as the chairperson of the University of Hawaii board of regents’ designee;
(4) An individual with aina (land) resource management expertise and specific experience with Hawaii island-based management;
(5) An individual who is recognized as possessing expertise in the fields of p-12 public education or post-secondary education;
(6) A representative who shall be appointed by the governor from a list of three names submitted by Maunakea Observatories;
(7) An individual with business and finance experience who has previous administrative experience in managing a large private-sector business;
(8) An individual who is a lineal descendent of a practitioner of Native Hawaiian traditional and customary practices associated with Mauna Kea;
(9) An individual who is a recognized practitioner of Native Hawaiian traditional and customary practices; and
(10) Two members who shall be appointed by the governor from a list of three names submitted for each appointment by the president of the senate and speaker of the house of representatives, respectively; provided that if fewer than three names are submitted for either appointment, the governor may disregard the list;

provided further that not less than three of the eleven members of the authority shall be residents of the county of Hawaii. Any designee appointed pursuant to paragraphs (1), (2), or (3) shall serve the entire term of the appointing authority unless the designee resigns from office or is otherwise incapable of serving out the entire term for good cause shown.

A majority of all members to which the authority is entitled shall constitute a quorum to do business, and the concurrence of a majority of all members shall be necessary to make any action of the authority valid. All members shall continue in office until their respective successors have been appointed and confirmed by the senate; provided that a member shall not hold over beyond the first legislative session following the expiration of the member’s term of service.

(c) The governor shall appoint the chairperson of the authority from the members appointed pursuant to paragraphs (4), (5), (7), (8), (9), or (10) of subsection (b). If the governor appoints a person as chairperson who is not a sitting member of the authority, the governor shall designate that appointee as the chairperson prior to transmitting the appointment to the senate for confirmation. If the governor appoints a sitting member of the authority to serve as chairperson, the member appointed to serve as chairperson shall not be subject to an additional confirmation by the senate unless the member’s term expires and the member is subsequently reappointed to the authority. If the chairperson resigns or is unable to fulfill the duties of the position, the authority may elect a vice chairperson from its membership to serve as the acting chairperson until a successor is appointed by the governor and, if needed, confirmed by the senate.

Members and staff shall be reimbursed for expenses incurred in the performance of their duties, including reasonable travel expenses for authority-related business as approved by the authority, subject to applicable laws and administrative rules.

(d) Notwithstanding section 26-34(a), with respect to length and amount of terms, the members of the authority shall serve for a term of three years and shall not serve more than three partial or full terms; provided that the initial terms shall be staggered, as determined by the governor.
(e) The authority shall utilize the existing University of Hawaii center for Mauna Kea stewardship staff and organization during the transitional period, and may engage other services as needed; provided that the authority shall appoint a board secretary, who shall also serve as executive assistant to the authority, without regard to chapters 76 and 89.
(f) The authority shall establish its offices at the University of Hawaii at Hilo, Imiloa astronomy center or another suitable location or facility within the county of Hawaii.

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