HOUSE OF REPRESENTATIVES

H.B. NO.

1736

TWENTY-NINTH LEGISLATURE, 2018

 

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 ensure the participation of all political parties in the reapportionment process by proposing an amendment to article IV, section 2, of the Constitution of the State of Hawaii to provide that, if there are no members belonging to the minority party or parties in a house of the legislature, the presiding officer of the respective house of the legislature, after consulting with the chair of the minority party, shall designate persons having membership in the minority party to serve on the reapportionment commission.

     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.  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.

     If no member of the house of representatives belongs to a party different from that of the speaker, then the speaker, after consultation with the chair of the party that is different from that of the speaker and that received the most votes, or next most votes if applicable, in the last gubernatorial election, shall select two persons to serve as members of the commission on behalf of the house of representatives.  The first person selected shall be a member of the party that is different from that of the speaker and that received the most votes, or next most votes if applicable, in the last gubernatorial election, and the second person shall be of the party that received the third most votes in the last gubernatorial election; provided that if no party received the third most votes, the second person shall also be of the party that is different from that of the speaker and that received the most votes, or next most votes if applicable, in the last gubernatorial election.

     If no member of the senate belongs to a party different from that of the president, then the president, after consultation with the chair of the party that is different from that of the president and that received the most votes, or next most votes if applicable, in the last gubernatorial election, shall select two persons to serve as members of the commission on behalf of the senate.  The first person selected shall be a member of the party that is different from that of the president and that received the most votes, or next most votes if applicable, in the last gubernatorial election, and the second person shall be of the party that received the third most votes in the last gubernatorial election; provided that if no party received the third most votes, the second person shall also be of the party that is different from that of the president and that received the most votes, or next most votes if applicable, in the last gubernatorial election.

     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:

"To meet the constitutional requirement of equal representation of all political parties on the reapportionment commission, if there are no members belonging to a minority party in a house of the legislature, shall the presiding officer of the respective house of the legislature, after consulting with the chair of a minority party, be given the authority to designate persons who are members of a minority party to serve on the reapportionment commission?"

     SECTION 4.  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:

Reapportionment Commission; Selection of Members; Political Parties

 

Description:

Ensures participation of all political parties on the Reapportionment Commission by providing that if there are no members belonging to a minority party in a house of the legislature, the presiding officer of the respective house of the legislature, after consulting with the chair of a minority party, shall be given the authority to designate persons who are members of a minority party to serve on the reapportionment commission.

 

 

 

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