Bill Text: HI HB134 | 2021 | Regular Session | Introduced


Bill Title: Relating To Energy.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced) 2021-01-27 - Referred to EEP, CPC, FIN, referral sheet 1 [HB134 Detail]

Download: Hawaii-2021-HB134-Introduced.html

HOUSE OF REPRESENTATIVES

H.B. NO.

134

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

PROPOSING AN amendment to article IV, Section 2, of the hawaii state constitution to address the selection of members of the reapportionment commission.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The purpose of this Act is to propose an amendment to article IV, section 2, of the Constitution of the State of Hawaii that ensures the rational participation of all political parties in the reapportionment process by providing that the selection of members to the reapportionment commission shall be based upon the ratio of total membership in each respective house chamber.

     SECTION 2.  Article IV, section 2, of the Constitution of the State of Hawaii is amended to read as follows:

"REAPPORTIONMENT COMMISSION

     Section 2.  A reapportionment commission shall be constituted on or before May 1 of each reapportionment year and whenever reapportionment is required by court order.  The commission shall consist of nine members.  The president of the senate and the speaker of the house of representatives shall each select two members[.], unless the number of members belonging to the party or parties different from that of the president or the speaker is below one-quarter of the total respective membership of that house, then the president or speaker shall select three members.  Members of each house belonging to the party or parties different from that of the president or the speaker shall designate one of their number for each house and the two so designated shall each select two members of the commission[.], unless the number of members belonging to the party or parties different from that of the president or the speaker is below one-quarter of the total respective membership of that house, then the designated member for that house shall select one member of the commission.  The eight members so selected, promptly after selection, shall be certified by the selecting authorities to the chief election officer and within thirty days thereafter, shall select, by a vote of six members, and promptly certify to the chief election officer the ninth member who shall serve as chairperson of the commission.

     Each of the four officials designated above as selecting authorities for the eight members of the commission, at the time of the commission selections, shall also select one person from each basic island unit to serve on an apportionment advisory council for that island unit.  The councils shall remain in existence during the life of the commission and each shall serve in an advisory capacity to the commission for matters affecting its island unit.

     A vacancy in the commission or a council shall be filled by the initial selecting authority within fifteen days after the vacancy occurs.  Commission and council positions and vacancies not filled within the times specified shall be filled promptly thereafter by the supreme court.

     The commission shall act by majority vote of its membership and shall establish its own procedures, except as may be provided by law.

     Not more than one hundred fifty days from the date on which its members are certified, the commission shall file with the chief election officer a reapportionment plan for the state legislature and a reapportionment plan for the United States congressional districts which shall become law after publication as provided by law.  Members of the commission shall hold office until each reapportionment plan becomes effective or until such time as may be provided by law.

     No member of the reapportionment commission or an apportionment advisory council shall be eligible to become a candidate for election to either house of the legislature or to the United States House of Representatives in either of the first two elections under any such reapportionment plan.

     Commission and apportionment advisory council members shall be compensated and reimbursed for their necessary expenses as provided by law.

     The chief election officer shall be secretary of the commission without vote and, under the direction of the commission, shall furnish all necessary technical services.  The legislature shall appropriate funds to enable the commission to carry out its duties."

     SECTION 3.  The question to be printed on the ballot shall be as follows:

     "Shall the Constitution of the State of Hawaii be amended so that if the membership of the minority party or parties in a house of the legislature is below one-quarter of the total membership of that house, the minority party or parties shall nominate one person rather than two people to serve on the reapportionment commission and the president of the senate or the speaker of the house of representatives shall nominate three rather than two people to serve on the reapportionment commission?"

     SECTION 4.  Constitutional material to be repealed is bracketed and stricken.  New constitutional material is underscored.

     SECTION 5.  This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

 

INTRODUCED BY:

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Report Title:

Constitutional Amendment; Reapportionment Commission; Selection of Members; Minority Party

 

Description:

Proposes a constitutional amendment to provide that if the membership of the minority party or parties in a house of the legislature is below one-quarter of the total membership of that house of the legislature, then the minority party shall nominate one member rather than two, and the Speaker of the House or the President of the Senate shall nominate three members rather than two to serve on the reapportionment commission.

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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