HOUSE OF REPRESENTATIVES |
H.B. NO. |
2428 |
TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE BOARD OF EDUCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 13-1, Hawaii Revised Statutes, is amended to read as follows:
"§13-1 Board members; number. [(a)]
The board of education shall consist of [thirteen] seventeen voting
members who shall be elected by the registered voters of [two at-large] the
respective school board districts [as follows:
First school board district: the island of
Oahu, comprised of the 11th through the 48th and a portion of the 49th (that
portion found on the island of Oahu) representative districts, and the
Second school board district: the islands
of Hawaii, Maui, Lanai, Molokai, Kahoolawe, Kauai, and Niihau, comprised of the
1st through the 10th, a portion of the 49th (that portion found on the island
of Kauai), and the 50th and 51st representative districts]. Each school
board district shall be comprised of three state house of representatives
districts. A voting member shall be a resident of the school board district
that the member represents. The chief election officer shall designate the
representative districts that comprise the respective school board districts.
[(b) Ten members shall be elected at-large
from the first school board district. Of the ten members elected at-large from
that district, one shall be a resident of the third departmental school
district (Honolulu), one shall be a resident of the fourth departmental school
district (Central Oahu), one shall be a resident of the fifth departmental
school district (Leeward Oahu), and one shall be a resident of the sixth
departmental school district (Windward Oahu).
(c) Three members shall be elected at-large
from the second school board district. Of the three members elected at-large
from that district, one shall be a resident of the first departmental school
district (Hawaii), one shall be a resident of the second departmental school
district (Maui), and one shall be a resident of the seventh departmental school
district (Kauai).
(d) The departmental school districts shall
be as follows:
First departmental school district
(Hawaii): the island of Hawaii comprised of the 1st through the 5th and a
portion of the 6th (that portion found on the island of Hawaii) representative
districts;
Second departmental school district (Maui):
the islands of Maui, Molokai (including the county of Kalawao), Lanai, and
Kahoolawe comprised of a portion of the 6th (that portion found on the island
of Maui) and the 7th through the 10th representative districts;
Third departmental school district
(Honolulu): that portion of the island of Oahu comprised of the 21st through
the 41st representative districts;
Fourth departmental school district (Central
Oahu): that portion of the island of Oahu comprised of the 11th through the
14th and the 45th representative districts;
Fifth departmental school district (Leeward
Oahu): that portion of the island of Oahu comprised of the 42nd through the
44th, the 46th through the 48th and a portion of the 49th (that portion found
on the island of Oahu) representative districts;
Sixth departmental school district (Windward
Oahu): that portion of the island of Oahu comprised of the 15th through the
20th representative districts; and
Seventh departmental school district
(Kauai): the islands of Kauai and Niihau comprised of a portion of the 49th
(that portion found on the island of Kauai) and the 50th and 51st representative
districts.]"
SECTION 2. Section 13-1.1, Hawaii Revised Statutes, is amended to read as follows:
"[[]§13-1.1[]]
Reapportionment. Upon the implementation of a new apportionment plan, the
chief election officer, by proclamation issued no later than the tenth day
prior to the close of filing in elections, shall designate the representative
districts that comprise the [departmental school districts and the]
school board districts [described in section 13-1] to comply with the
new districting scheme of such plan[; provided that the departmental school
districts designated shall cover areas similar to those described in section
13-1]."
SECTION 3. Section 13-3, Hawaii Revised Statutes, is amended to read as follows:
"§13-3 Election of members. (a) Members of the board of education shall be nominated at a primary election and elected at the general election. Except as otherwise provided by this chapter, the candidates for the board of education shall be elected in the manner prescribed by this title.
(1) Nomination papers, preparation of. The chief
election officer shall prepare nomination papers [in such a manner that a
candidate desiring to file for election to the board of education shall be able
to specify whether the candidate is seeking a seat requiring residency in a
particular departmental school district or a seat without such residency
requirement.]
(2) Ballot. The school board ballot shall be prepared in such a manner as to afford every voter eligible to vote in a school board district race the opportunity to vote for each and every candidate seeking election from that school board district.
The school board ballot shall contain
the names of all board candidates [arranged alphabetically in a nonpartisan
manner; provided that the names of candidates seeking seats requiring residency
in a particular departmental school district shall be grouped] arranged
alphabetically in a nonpartisan manner according to [departmental]
school [districts.] board district.
(3) Primary election. Two candidates receiving the
most votes for each available seat shall be nominated for the general
election. If, after the close of filing of nomination papers, there are only
two qualified candidates for any seat requiring residency in a particular [departmental]
school board district, the chief election officer shall declare those
two candidates duly nominated for the general election. The names of those two
candidates shall not appear on the primary election ballot.
(4) General election. Each voter in the general election shall be entitled to receive the school board ballot and to vote for the number of seats available in the respective school board districts.
(b) In the event that there is only one
qualified candidate for [any] the seat [requiring residency]
in a particular [departmental] school board district, after the
close of filing of nomination papers, the chief election officer shall declare
such candidate to be duly and legally elected. [In the event that the
number of qualified candidates for seats without such residency requirement is
equal to or less than the number of such seats to be filled, after the close of
filing of nomination papers, the chief election officer shall declare such
candidates to be duly and legally elected.]"
SECTION 4. Section 13-4, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Members of the board elected at the
special election held in conjunction with the general election in [1984]
2010 shall be divided into two classes. There shall be [seven] nine
members in the first class who shall hold office for a term of four years
beginning with their election and ending on the day of the special election
held in conjunction with the second general election after their election. The
remaining members shall comprise the second class and shall hold office for a
term of two years beginning with their election and ending on the day of the
special election held in conjunction with the next general election after their
election, and then members of the second class shall be elected to four year
terms.
Membership in the first class shall consist of[:
three members who are elected with the highest number of votes from the first
school board district as designated under section 13-1, who are not required to
reside in any particular departmental school district and one member elected
from each] the school board members from the odd-numbered [departmental]
school board [district.] districts. Membership of the
second class shall consist of the remaining elected school board members."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval and upon ratification of a constitutional amendment that amends the composition of the board of education to be comprised of seventeen members, each of whom represents a school board district that is comprised of three representative districts.
INTRODUCED BY: |
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Report Title:
Board of Education
Description:
Increases the number of members on the board of education to seventeen. Amends law to provide that each school board district shall be comprised of three representative districts.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.