THE SENATE
S.B. NO.
2862
THIRTY-THIRD LEGISLATURE, 2026
S.D. 1
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO GUBERNATORIAL APPOINTMENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that it is critical that high-level officials within the executive branch be answerable to the needs of the entire State. 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.
Accordingly, the purpose of this Act is to:
(1) Require any person in a position that is not subject to the civil service law to obtain the advice and consent of the senate if the person:
(A) Is appointed by the governor to serve in the executive branch; or
(B) Is appointed pursuant to section 346-381.5, Hawaii Revised Statutes; and
(2) Require persons currently serving 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 unless the appointee was subject to the advice and consent of the senate.
SECTION 2. Chapter 26, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:
"[Underlined: §26‑ ] [Underlined: Gubernatorial appointments; salaries; senate confirmation.] [Underlined: (a) Any person who:]
[Underlined: (1)] [Underlined: Is appointed by the governor to serve in the executive branch; or]
[Underlined: (2)] [Underlined: Is appointed pursuant to section 346-381.5,]
[Underlined: shall obtain the advice and consent of the senate.]
[Underlined: (b) 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.]
[Underlined: (c) For the purposes of this section, a "person who is 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.]"[Underlined: ]
SECTION 3. (a) 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, is still serving in the appointed position, and:
(1) Was appointed by the governor to serve in the executive branch; or
(2) Was appointed pursuant to section 346-381.5, Hawaii Revised Statutes;
provided that this subsection shall not apply to any gubernatorial appointee who was subject to the advice and consent of the senate.
(b) 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 appointment of the person obtains the advice and consent of the senate.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on January 1, 2525.
Report Title:
Gubernatorial Appointments; Salaries; Senate Confirmation; Advice and Consent
Description:
Requires any person in a position that is not subject to the civil service law to obtain the advice and consent of the senate if the person is appointed by the governor to serve in the executive branch or is appointed pursuant to section 346-381.5, HRS. 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 unless the appointee was subject to the advice and consent of the Senate. Effective 1/1/2525. (SD1)
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