Bill Text: HI SB52 | 2023 | Regular Session | Amended
Bill Title: Relating To The Election Of Members To The Board Of Trustees Of The Office Of Hawaiian Affairs.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2023-02-02 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. [SB52 Detail]
Download: Hawaii-2023-SB52-Amended.html
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THE SENATE |
S.B. NO. |
52 |
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THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE ELECTION OF MEMBERS TO THE BOARD OF TRUSTEES OF THE OFFICE OF HAWAIIAN AFFAIRS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§13D- Definitions. For the purposes of this chapter, unless the context requires otherwise:
"Rural
district" means the second congressional district of the State.
"Urban district" means the first congressional district of the State."
SECTION 2. Section 13D-1, Hawaii Revised Statutes, is amended to read as follows:
"§13D-1 Board of trustees;
number; composition. The board of
trustees shall be composed of nine members elected [at-large] by
qualified voters in the State[. Of
the nine members to be elected one shall reside on the island of Hawaii; one
shall reside on the island of Maui; and one shall reside on the island of
Molokai; one shall reside on the island of Kauai; and one shall reside on the
island of Oahu.] as follows:
(1) Five
members apportioned among the four basic island units pursuant to the
provisions of article IV of the Hawaii State Constitution; and
(2) Four
members, two of whom shall reside in an urban district of the State and two of
whom shall reside in a rural district of the State;
provided that the composition of the board of trustees is in conformance with article XII, section 5, of the Hawaii State Constitution."
SECTION 3. Section 13D-2, Hawaii Revised Statutes, is amended to read as follows:
"§13D-2 Qualifications of board members. No person shall be eligible for election or appointment to the board unless the person is Hawaiian and is:
(1) [qualified]
Qualified and registered to vote under the provisions of section 13D-3[,];
and
(2) [where
residency on a particular island is a requirement, a] A resident [on
the island for which seat] of the district in which the person is
seeking election or appointment.
No member of the board shall hold or be a
candidate for any other public office under the state or county governments in
accordance with [Article] article II, section 7, of the Hawaii
State Constitution [of the State]; nor shall a person be eligible
for election or appointment to the board if that person is also a candidate for
any other public office under the state or county governments.
For the purposes of this section, [The]
the term "public office", [for purposes of this section,]
shall not include notaries public, reserve police officers, or officers of
emergency organizations for civilian defense or disaster, or disaster
relief."
SECTION 4. Section 13D-4, Hawaii Revised Statutes, is amended to read as follows:
"§13D-4 Election of board members. (a) Beginning January 1, 2014, members of the board of trustees shall be nominated at a primary election and elected at the general election in every even-numbered year. Except as otherwise provided by this chapter, members shall be nominated and elected in the manner prescribed by this title.
(b) The chief election officer shall prepare the
nomination papers in such a manner that a candidate desiring to file for
election to the board shall be able to specify [whether] the district
within which the candidate is seeking a seat [requiring residency on a
particular island or a seat without a residency requirement].
(c) The board of trustees ballot shall be
prepared in such a manner that every voter qualified and registered under
section 13D-3 shall be afforded the opportunity to vote for each [and every
candidate] rural and urban district member seeking election to the
board. [The ballot shall contain the
names of all board candidates arranged in accordance with section 11‑115.]
(d) Each voter registered to vote in the general
election shall be entitled to receive [the] an office of Hawaiian
affairs ballot [and to vote for the number of seats available on the] containing
the names of all candidates seeking election to the board within the voter's
respective [islands.] district and the names of all candidates
seeking election from rural and urban districts.
(e)
[Any] Each
election [with only one] to fill an available seat [without
a residency requirement or for any available seat requiring residency on a
particular island] shall be conducted as follows:
(1) If, after the close of filing of nomination papers, there is only one qualified candidate for any available seat, the chief election officer shall declare the candidate to be duly and legally elected, and the name of that candidate shall not appear on the primary or the general election ballot;
(2) If, after the close of filing nomination papers, there are only two qualified candidates for any available seat, 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; and
(3) If, at the close of filing of nomination papers, there are three or more qualified candidates for any available seat, the names of those candidates shall be listed on the primary election ballot. The two candidates receiving the highest number of votes for each available seat shall be nominated at the primary election for the general election; provided that if any candidate receives more than fifty per cent of the total votes cast for the available seat at the primary election, the chief election officer shall declare that candidate to be duly and legally elected and the name of that candidate shall not appear on the general election ballot.
[(f) Any election with three available seats
without a residency requirement shall be conducted as follows:
(1) If, after the close of filing of
nomination papers, there are only three or less qualified candidates for the
available seats without a residency requirement, the chief election officer
shall declare those candidates to be duly and legally elected and the names of
those candidates shall not appear on the primary or general election ballot;
(2) If, after the close of filing of
nomination papers, there are four, five, or six qualified candidates for the
available seats without a residency requirement, the chief election officer
shall declare those candidates duly nominated for the general election. The names of those candidates shall not
appear on the primary election ballot; and
(3) If, at the close of filing of
nomination papers, there are seven or more qualified candidates for the
available seats without a residency requirement, the names of those candidates
shall be listed on the primary election ballot.
The qualified candidates receiving the highest number of total votes at
the primary election shall be declared by the chief election officer duly
nominated for the general election provided that the general election shall
include no more than twice the number of qualified candidates as seats
available; provided further that if any candidate receives more than fifty per
cent of the total votes cast for the available seats at the primary election,
the chief election officer shall declare that candidate to be duly and legally
elected and the name of that candidate shall not appear on the general election
ballot.]"
SECTION 5. Section 17-7, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a)
Whenever any vacancy in the membership of the board of trustees occurs,
the term of which ends at the next succeeding general election, the vacancy
shall be filled by a two-thirds vote of the remaining members of the
board. If the board fails to fill the
vacancy within sixty days after it occurs, the governor shall fill the vacancy
within ninety days after the vacancy occurs.
[When island residency is required under section 13D-1, the] The
person so appointed shall reside [on the island] in the district
from which the vacancy occurred, and shall serve for the duration of the
unexpired term.
(b) In the case of a vacancy, the term of which does not end at the next succeeding general election:
(1) If it occurs [not] no
later than on the ninetieth day prior to the next succeeding primary election,
the vacancy shall be filled for the unexpired term at the next succeeding
general election. The chief election
officer shall issue a proclamation designating the election for filling the
vacancy. All candidates for the
unexpired term shall file nomination papers [not] no later than
the date and time specified in section 12-6 and shall be nominated and elected
in accordance with this title. Pending
the election, the board or the governor shall make a temporary appointment to
fill the vacancy in the manner prescribed under subsection (a). [When island residency is required under
section 13D-1, the] The person so appointed shall reside [on the
island] in the district from which the vacancy occurred, and shall
serve for the duration of the unexpired term and shall serve until the election
of the person duly elected to fill such vacancy[.]; or
(2) If it occurs after the ninetieth day
prior to the next succeeding primary election, the board or the governor shall
make an appointment to fill the vacancy in the manner prescribed under
subsection (a). [When island
residency is required under section 13D-1, the] The person so
appointed shall reside [on the island] in the district from which
the vacancy occurred, and shall serve for the duration of the unexpired term."
SECTION 6. Section 25-2, Hawaii Revised Statutes, is amended to read as follows:
"§25-2 Duties. (a) Legislative reapportionment. The commission shall reapportion the members of each house of the legislature on the basis, method, and criteria prescribed by the Constitution of the United States and article IV of the Hawaii State Constitution. For purposes of legislative reapportionment, a "permanent resident" means a person having the person's domiciliary in the State. In determining the total number of permanent residents for purposes of apportionment among the four basic island units, the commission shall only extract non-permanent residents from the total population of the State counted by the United States Census Bureau for the respective reapportionment year. The commission shall conduct public hearings and consult with the apportionment advisory council of each basic island unit. No more than one hundred days from the date on which all members are certified, the commission shall cause to be given in each basic island unit, public notice subject to section 1-28.5 of a legislative reapportionment plan prepared and proposed by the commission. At least one public hearing on the proposed reapportionment plan shall be held in each basic island unit after initial public notice of the plan. At least twenty days' notice shall be given of the public hearing. The notice shall include a statement of the substance of the proposed reapportionment plan, and of the date, time, and place where interested persons may be heard thereon. The notice shall be given at least once in the basic island unit where the hearing will be held. All interested persons shall be afforded an opportunity to submit data, views, or arguments, orally or in writing, for consideration by the commission. After the last of the public hearings, but in no event later than one hundred fifty days from the date on which all members of the commission are certified, the commission shall determine whether the plan is in need of correction or modification, make the correction or modification, if any, and file with the chief election officer, a final legislative reapportionment plan. Within fourteen days after the filing of the final reapportionment plan, the chief election officer shall cause public notice subject to section 1-28.5 to be given of the final legislative reapportionment plan which, upon public notice, shall become effective as of the date of filing and govern the election of members of the next five succeeding legislatures.
(b) Office of Hawaiian affairs board of trustees apportionment. The commission shall reapportion the members of the office of Hawaiian affairs board of trustees on the basis, method, and criteria prescribed by article IV of the Hawaii State Constitution. Pursuant thereto, the commission shall conduct public hearings and consult with the apportionment advisory council of each basic island unit. Not more than one hundred days from the date on which all members are certified, the commission shall cause to be given in each basic island unit, public notice of an office of Hawaiian affairs board of trustees reapportionment plan prepared and proposed by the commission. At least one public hearing on the proposed reapportionment plan shall be held in each basic island unit after initial public notice of the plan. At least twenty days' notice shall be given of the public hearing. The notice shall include a statement of the substance of the proposed reapportionment plan, and of the date, time, and place where interested persons may be heard thereon. The notice shall be given at least once in the basic island unit where the hearing will be held. All interested persons shall be afforded an opportunity to submit comments, orally or in writing, for consideration by the commission. After the last of the public hearings, but in no event later than one hundred fifty days from the date on which all members of the commission are certified, the commission shall determine whether or not the plan is in need of correction or modification, make the correction or modification, if any, and file a final office of the Hawaiian affairs board of trustees reapportionment plan with the chief election officer. Within fourteen days after the filing of the final reapportionment plan, the chief election officer shall cause public notice to be given of the final office of Hawaiian affairs board of trustees reapportionment plan, which upon public notice, shall become effective as of the date of filing and govern the election of members until the next reapportionment plan becomes effective.
[(b)] (c) Congressional reapportionment. At times that may be required by the
Constitution and that may be required by law of the United States, the
commission shall redraw congressional district lines for the districts from
which the members of the United States House of Representatives allocated to
this State shall be elected. The
commission shall first determine the total number of members to which the State
is entitled and shall then apportion those members among single member
districts so that the average number of persons in the total population counted
in the last preceding United States census per member in each district shall be
as nearly equal as practicable. In
effecting the reapportionment and districting, the commission shall be guided
by the following criteria:
(1) No district shall be drawn so as to unduly favor a person or political party;
(2) Except in the case of districts encompassing more than one island, districts shall be contiguous;
(3) Insofar as practicable, districts shall be compact;
(4) Where possible, district lines shall follow permanent and easily recognized features such as streets, streams, and clear geographical features, and when practicable, shall coincide with census tract boundaries;
(5) Where practicable, state legislative districts shall be wholly included within congressional districts; and
(6) Where practicable, submergence of an area in a larger district wherein substantially different socio-economic interests predominate shall be avoided.
Not more than one hundred days from the date on which all members are certified, the commission shall cause public notice to be given of a congressional reapportionment plan prepared and proposed by the commission. The commission shall conduct public hearings on the proposed plan in the manner prescribed under subsection (a). At least one public hearing shall be held in each basic island unit after initial public notice of the plan. After the last of the public hearings, but in no event later than one hundred fifty days from the date on which all members of the commission are certified, the commission shall determine whether or not the plan is in need of correction or modification, make the correction or modification, if any, and file with the chief election officer, a final congressional reapportionment plan. Within fourteen days after filing of the final reapportionment plan, the chief election officer shall cause public notice to be given of the final congressional reapportionment plan which, upon public notice, shall become effective as of the date of filing and govern the election of members of the United States House of Representatives allocated to this State for the next five succeeding congresses."
SECTION 7. Of the four members who are elected to an at-large seat from an urban or rural district for the board of trustees of the office of Hawaiian affairs in the general election of 2024, the member who receives the lowest number of votes shall serve a term of two years. If the member who receives the lowest number of votes is from an urban district, the board of trustees of the office of Hawaiian affairs shall select amongst the newly elected members one member from a rural district to serve a term of two years; provided that if the member who receives the lowest number of votes is from a rural district, the board of trustees of the office of Hawaiian affairs shall select amongst the newly elected members one member from an urban district to serve a term of two years; provided further that, after the general election of 2026, all members shall serve a term of four years.
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect upon its approval and upon ratification of a constitutional amendment amending the requirements of the reapportionment commission to establish a reapportionment plan to draw district lines for the members of the office of Hawaiian affairs board of trustees.
Report Title:
Office of Hawaiian Affairs; Members; Board of Trustees; Elections; Reapportionment Commission
Description:
Amends the process for electing members to the Office of Hawaiian Affairs Board of Trustees. Requires the Reapportionment Commission to establish a reapportionment plan for five members of the Board of Trustees of the Office of Hawaiian Affairs so that they are elected according to their respective districts, rather than an at-large statewide election for each seat. Requires that of the remaining four members of the Board of Trustees of the Office Hawaiian Affairs, two shall reside in an urban district of the State and two shall reside in a rural district of the State. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
