Hawaii 2024 Regular Session

Hawaii Senate Bill SB32 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 32 THIRTY-SECOND LEGISLATURE, 2023 S.D. 1 STATE OF HAWAII A BILL FOR AN ACT PROPOSING AN AMENDMENT TO THE HAWAII STATE CONSTITUTION TO REQUIRE THE REAPPORTIONMENT COMMISSION TO ESTABLISH A REAPPORTIONMENT PLAN TO DRAW DISTRICT LINES FOR THE MEMBERS OF THE OFFICE OF HAWAIIAN AFFAIRS BOARD OF TRUSTEES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 32
4	4	THIRTY-SECOND LEGISLATURE, 2023 S.D. 1
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7	7	THE SENATE
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	PROPOSING AN AMENDMENT TO THE HAWAII STATE CONSTITUTION TO REQUIRE THE REAPPORTIONMENT COMMISSION TO ESTABLISH A REAPPORTIONMENT PLAN TO DRAW DISTRICT LINES FOR THE MEMBERS OF THE OFFICE OF HAWAIIAN AFFAIRS BOARD OF TRUSTEES.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. 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. 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. 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 the board of trustees of the office of Hawaiian affairs, 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, or to the board of trustees of the office of Hawaiian affairs 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 2. Article IV, section 4, of the Constitution of the State of Hawaii is amended to read as follows: "APPORTIONMENT AMONG BASIC ISLAND UNITS Section 4. The commission shall allocate the total number of members of each house of the state legislature and the total number of members of the board of trustees of the office of Hawaiian affairs being reapportioned among the four basic island units, namely: (1) the island of Hawaii, (2) the islands of Maui, Lanai, Molokai and Kahoolawe, (3) the island of Oahu and all other islands not specifically enumerated, and (4) the islands of Kauai and Niihau, using the total number of permanent residents in each of the basic island units and computed by the method known as the method of equal proportions; except that no basic island unit shall receive less than one member in each house[.] nor receive less than one member on the board of trustees of the office of Hawaiian affairs." SECTION 3. Article IV, section 6, of the Constitution of the State of Hawaii is amended to read as follows: "APPORTIONMENT WITHIN BASIC ISLAND UNITS Section 6. Upon the determination of the total number of members of each house of the state legislature and members of the board of trustees of the office of Hawaiian affairs to which each basic island unit is entitled, the commission shall apportion the members among the districts therein and shall redraw district lines where necessary in such manner that for each house and the board of trustees of the office of Hawaiian affairs the average number of permanent residents per member in each district is as nearly equal to the average for the basic island unit as practicable. In effecting such redistricting, the commission shall be guided by the following criteria: 1. No district shall extend beyond the boundaries of any basic island unit. 2. No district shall be so drawn as to unduly favor a person or political faction. 3. Except in the case of districts encompassing more than one island, districts shall be contiguous. 4. Insofar as practicable, districts shall be compact. 5. 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. 6. Where practicable, representative districts shall be wholly included within senatorial districts. 7. Not more than four members shall be elected from any district. 8. Where practicable, submergence of an area in a larger district wherein substantially different socio-economic interests predominate shall be avoided." SECTION 4. Article XII, section 5, of the Constitution of the State of Hawaii is amended to read as follows: "OFFICE OF HAWAIIAN AFFAIRS; ESTABLISHMENT OF BOARD OF TRUSTEES Section 5. There is hereby established an [Office] office of Hawaiian [Affairs.] affairs. The [Office] office of Hawaiian [Affairs] affairs shall hold title to all the real and personal property now or hereafter set aside or conveyed to it which shall be held in trust for native Hawaiians and Hawaiians. There shall be a board of trustees for the [Office] office of Hawaiian [Affairs] affairs elected by qualified voters who are Hawaiians, as provided by law. The board members shall be Hawaiians. There shall be not less than nine members of the board of trustees; provided that [each of the following Islands have one representative: Oahu, Kauai, Maui, Molokai and Hawaii.] the members shall be apportioned according to the provisions of Article IV. Regardless of whether or not a member is serving a term that would have extended past the election immediately following the adoption of the apportionment plan, the term of office of all members shall end at that election. The reapportionment commission shall, as a part of the apportionment plan, assign two-year terms to a simple majority of the seats for the election immediately following the adoption of the apportionment plan. The remaining seats shall be assigned four-year terms. The board shall select a chairperson from its members." SECTION 5. The question to be printed on the ballot shall be as follows: "Shall the reapportionment commission be required to establish a reapportionment plan that: (1) Allocates the members of the board of trustees of the Office of Hawaiian Affairs among the four basic island units using the total number of permanent residents in each basic island unit and computed by the method of equal proportions, with no less than one member for each basic island unit; (2) Establishes districts within each basic island unit in such a manner that the average number of permanent residents per member in each district is as nearly equal to the average for the basic island unit as practicable; and (3) Sets forth a procedure for the assignment of members' terms following the adoption of the reapportionment plan?" SECTION 6. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored. SECTION 7. This amendment shall take effect on July 1, 2050, upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.
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49	49	SECTION 1. Article IV, section 2, of the Constitution of the State of Hawaii is amended to read as follows:
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51	51	"REAPPORTIONMENT COMMISSION
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53	53	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. 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. 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.
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55	55	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.
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57	57	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.
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59	59	The commission shall act by majority vote of its membership and shall establish its own procedures, except as may be provided by law.
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61	61	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 the board of trustees of the office of Hawaiian affairs, 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.
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63	63	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, or to the board of trustees of the office of Hawaiian affairs in either of the first two elections under any such reapportionment plan.
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65	65	Commission and apportionment advisory council members shall be compensated and reimbursed for their necessary expenses as provided by law.
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67	67	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."
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69	69	SECTION 2. Article IV, section 4, of the Constitution of the State of Hawaii is amended to read as follows:
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71	71	"APPORTIONMENT AMONG BASIC ISLAND UNITS
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73	73	Section 4. The commission shall allocate the total number of members of each house of the state legislature and the total number of members of the board of trustees of the office of Hawaiian affairs being reapportioned among the four basic island units, namely: (1) the island of Hawaii, (2) the islands of Maui, Lanai, Molokai and Kahoolawe, (3) the island of Oahu and all other islands not specifically enumerated, and (4) the islands of Kauai and Niihau, using the total number of permanent residents in each of the basic island units and computed by the method known as the method of equal proportions; except that no basic island unit shall receive less than one member in each house[.] nor receive less than one member on the board of trustees of the office of Hawaiian affairs."
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75	75	SECTION 3. Article IV, section 6, of the Constitution of the State of Hawaii is amended to read as follows:
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77	77	"APPORTIONMENT WITHIN BASIC ISLAND UNITS
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79	79	Section 6. Upon the determination of the total number of members of each house of the state legislature and members of the board of trustees of the office of Hawaiian affairs to which each basic island unit is entitled, the commission shall apportion the members among the districts therein and shall redraw district lines where necessary in such manner that for each house and the board of trustees of the office of Hawaiian affairs the average number of permanent residents per member in each district is as nearly equal to the average for the basic island unit as practicable.
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81	81	In effecting such redistricting, the commission shall be guided by the following criteria:
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83	83	1. No district shall extend beyond the boundaries of any basic island unit.
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85	85	2. No district shall be so drawn as to unduly favor a person or political faction.
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87	87	3. Except in the case of districts encompassing more than one island, districts shall be contiguous.
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89	89	4. Insofar as practicable, districts shall be compact.
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91	91	5. 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.
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93	93	6. Where practicable, representative districts shall be wholly included within senatorial districts.
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95	95	7. Not more than four members shall be elected from any district.
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97	97	8. Where practicable, submergence of an area in a larger district wherein substantially different socio-economic interests predominate shall be avoided."
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99	99	SECTION 4. Article XII, section 5, of the Constitution of the State of Hawaii is amended to read as follows:
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101	101	"OFFICE OF HAWAIIAN AFFAIRS; ESTABLISHMENT OF
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103	103	BOARD OF TRUSTEES
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105	105	Section 5. There is hereby established an [Office] office of Hawaiian [Affairs.] affairs. The [Office] office of Hawaiian [Affairs] affairs shall hold title to all the real and personal property now or hereafter set aside or conveyed to it which shall be held in trust for native Hawaiians and Hawaiians. There shall be a board of trustees for the [Office] office of Hawaiian [Affairs] affairs elected by qualified voters who are Hawaiians, as provided by law. The board members shall be Hawaiians. There shall be not less than nine members of the board of trustees; provided that [each of the following Islands have one representative: Oahu, Kauai, Maui, Molokai and Hawaii.] the members shall be apportioned according to the provisions of Article IV. Regardless of whether or not a member is serving a term that would have extended past the election immediately following the adoption of the apportionment plan, the term of office of all members shall end at that election. The reapportionment commission shall, as a part of the apportionment plan, assign two-year terms to a simple majority of the seats for the election immediately following the adoption of the apportionment plan. The remaining seats shall be assigned four-year terms. The board shall select a chairperson from its members."
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107	107	SECTION 5. The question to be printed on the ballot shall be as follows:
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109	109	"Shall the reapportionment commission be required to establish a reapportionment plan that: (1) Allocates the members of the board of trustees of the Office of Hawaiian Affairs among the four basic island units using the total number of permanent residents in each basic island unit and computed by the method of equal proportions, with no less than one member for each basic island unit; (2) Establishes districts within each basic island unit in such a manner that the average number of permanent residents per member in each district is as nearly equal to the average for the basic island unit as practicable; and (3) Sets forth a procedure for the assignment of members' terms following the adoption of the reapportionment plan?"
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111	111	SECTION 6. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.
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113	113	SECTION 7. This amendment shall take effect on July 1, 2050, upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.
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115	115	Report Title: Constitutional Amendment; Reapportionment Commission; Office of Hawaiian Affairs Description: Amends the State Constitution to require the Reapportionment Commission to establish a reapportionment plan to draw district lines for the total number of members of the Board of Trustees of the Office of Hawaiian Affairs. Takes effect on July 1, 2050, upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii. (SD1) 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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121	121	Report Title:
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123	123	Constitutional Amendment; Reapportionment Commission; Office of Hawaiian Affairs
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127	127	Description:
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129	129	Amends the State Constitution to require the Reapportionment Commission to establish a reapportionment plan to draw district lines for the total number of members of the Board of Trustees of the Office of Hawaiian Affairs. Takes effect on July 1, 2050, upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii. (SD1)
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137	137	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.