The committee heard testimony on legislation to amend statutes that govern the Higher Education Commission’s appointments and terms. Department of Education staff described recurring operational problems: individual commissioners who leave office, move out of state, or become incapacitated sometimes do not submit formal resignations, and the governor’s office has declined to appoint replacements because terms on paper still read "until successor appointed and qualified." The proposed changes would allow seats to be treated differently to avoid blocking new appointments.

Stephen Appleby of the Department of Education said the commission oversees approval of private colleges, career schools, rulemaking for postsecondary institutions and a small scholarship program. He said the proposed language responds to two current situations in which seats are occupied in name only because no formal resignation was filed. Appleby recommended careful redrafting with counsel to avoid unintended consequences and suggested additional options such as declaring seats vacant after a period of inactivity or specifying how vacancies are filled.

Representative Erf and other committee members asked whether the bill should be narrowed to midterm absences versus eliminating the possibility for appointed members to continue beyond five years; Appleby and representatives discussed alternatives such as deeming a seat vacant after a specified period of nonparticipation. Committee members agreed the bill needs further work to resolve ambiguity around term limits, residency requirements and the process for filling unexpired terms.

The hearing closed with the Department and several representatives offering to work with sponsors on targeted edits.