REPORT TITLE:
Appointed BOE


DESCRIPTION: 
Amends statutory provisions to implement an appointed Board of
Education.  (HB150 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        150
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO EDUCATION.



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

 1      SECTION 1.  The legislature finds that the reforms in
 
 2 education from the late 1980s to the present have achieved some
 
 3 positive results, but such reform efforts have often been limited
 
 4 to a few schools or to a single part of the educational system.
 
 5      The legislature further finds that leadership must come from
 
 6 teachers, principals, parents, and policymakers at the local,
 
 7 state, and national levels in order for lasting improvements in
 
 8 student performance to occur.
 
 9      The purpose of this Act is to improve the public school
 
10 system by providing direct accountability for the quality of
 
11 education by amending statutes related to public education.  This
 
12 Act requires the passage of a separate Act that amends the
 
13 Constitution of the State of Hawaii to authorize the governor to
 
14 appoint the members of the board of education.
 
15      SECTION 2.  Section 11-157, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "§11-157  In case of tie.  In case of the failure of an
 
18 election by reason of the equality of vote between two or more
 
19 candidates, the tie shall be decided by the chief election
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 officer or county clerk in the case of county elections in
 
 2 accordance with the following procedure:
 
 3      (1)  In the case of an election involving a seat for the
 
 4           senate, house of representatives, [board of education,]
 
 5           or county council where only voters within a specified
 
 6           district are allowed to cast a vote, the winner shall
 
 7           be declared as follows:
 
 8           (A)  For each precinct in the affected district, an
 
 9                election rate point shall be calculated by
 
10                dividing the total voter turnout in that precinct
 
11                by the total voter turnout in the district.  For
 
12                the purpose of this subparagraph, the absentee
 
13                votes cast for the affected district shall be
 
14                treated as a precinct.  The election rate point
 
15                shall be calculated by dividing the total absentee
 
16                votes cast for the affected district by the total
 
17                voter turnout in that district.  All election rate
 
18                points shall be expressed as decimal fractions
 
19                rounded to the nearest hundred thousandth.
 
20           (B)  The candidate with the highest number of votes in
 
21                a precinct shall be allocated the election rate
 
22                point calculated under subparagraph (A) for that
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1                precinct.  In the event that two or more persons
 
 2                are tied in receiving the highest number of votes
 
 3                for that precinct, the election rate point shall
 
 4                be equally apportioned among those candidates
 
 5                involved in that precinct tie.
 
 6           (C)  After the election rate points calculated under
 
 7                subparagraph (A) for all the precincts have been
 
 8                allocated as provided under subparagraph (B), the
 
 9                election rate points allocated to each candidate
 
10                shall be tallied and the candidate with the
 
11                highest election rate point total shall be
 
12                declared the winner.
 
13           (D)  If there is a tie between two or more candidates
 
14                in the election rate point total, the candidate
 
15                who is allocated the highest election rate points
 
16                from the precinct with the largest voter turnout
 
17                shall be declared the winner.
 
18      (2)  In the case of an election involving a federal office
 
19           or an elective office where the voters in the entire
 
20           State or in an entire county are allowed to cast a
 
21           vote, the winner shall be declared as follows:
 

 
 
 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           (A)  For each representative district in the State or
 
 2                county, as the case may be, an election rate point
 
 3                shall be calculated by dividing the total voter
 
 4                turnout in that representative district by the
 
 5                total voter turnout in the state, county, or
 
 6                federal office district, as the case may be;
 
 7                provided that for purposes of this subparagraph:
 
 8                (i)  The absentee votes cast for a statewide,
 
 9                     countywide, or federal office shall be
 
10                     treated as a separate representative district
 
11                     and the election rate point shall be
 
12                     calculated by dividing the total absentee
 
13                     votes cast for the statewide, countywide, or
 
14                     federal office by the total voter turnout in
 
15                     the state, county, or federal office
 
16                     district, as the case may be.
 
17               (ii)  The overseas votes cast for any election in
 
18                     the State for a federal office shall be
 
19                     treated as a separate representative district
 
20                     and the election rate point shall be
 
21                     calculated by dividing the total number of
 
22                     overseas votes cast for the affected federal
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1                     office by the total voter turnout in the
 
 2                     affected federal office district.  The term
 
 3                     "overseas votes" means those votes cast by
 
 4                     absentee ballots for a presidential election
 
 5                     as provided in section 15-3.
 
 6               All election rate points shall be expressed as
 
 7               decimal fractions rounded to the nearest hundred
 
 8               thousandth.
 
 9           (B)  The candidate with the highest number of votes in
 
10                a representative district shall be allocated the
 
11                election rate point calculated under subparagraph
 
12                (A) for that district.  In the event that two or
 
13                more persons are tied in receiving the highest
 
14                number of votes for that district, the election
 
15                rate point shall be equally apportioned among
 
16                those candidates involved in that district tie.
 
17           (C)  After the election rate points calculated under
 
18                subparagraph (A) for all the precincts have been
 
19                allocated as prescribed under subparagraph (B),
 
20                the election rate points allocated to each
 
21                candidate shall be tallied and the candidate with
 

 
 
 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1                the election rate point total shall be declared
 
 2                the winner.
 
 3           (D)  If there is a tie between two or more candidates
 
 4                in the election rate point total, the candidate
 
 5                who is allocated the highest election rate points
 
 6                from the representative district with the largest
 
 7                voter turnout shall be declared the winner."
 
 8      SECTION 3.  Section 11-209, Hawaii Revised Statutes, is
 
 9 amended by amending subsection (a) to read as follows:
 
10      "(a)  From January 1 of the year of any primary, special, or
 
11 general election, the total expenditures for candidates who
 
12 voluntarily agree to limit their campaign expenditures for each
 
13 election, inclusive of all expenditures made or authorized by the
 
14 candidate alone and all campaign treasurers and committees in the
 
15 candidate's behalf, shall not exceed the following amounts
 
16 expressed respectively multiplied by the number of voters in the
 
17 last preceding general election registered to vote in each
 
18 respective voting district:
 
19      (1)  For the office of governor--$2.50;
 
20      (2)  For the office of lieutenant governor--$1.40;
 
21      (3)  For the office of mayor--$2.00;
 

 
 
 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (4)  For the offices of state senator, state representative,
 
 2           county council member, and prosecuting attorney--$1.40;
 
 3           and
 
 4      (5)  For [the offices of the board of education and] all
 
 5           other offices--20 cents."
 
 6      SECTION 4.  Section 11-218, Hawaii Revised Statutes, is
 
 7 amended by amending subsection (c) to read as follows:
 
 8      "(c)  For [the board of education and] all other offices,
 
 9 the maximum amount of public funds available to a candidate shall
 
10 not exceed $100 in any election year."
 
11      SECTION 5.  Section 12-5, Hawaii Revised Statutes, is
 
12 amended by amending subsection (a) to read as follows:
 
13      "(a)  Nomination papers for candidates for members of
 
14 Congress, governor, and lieutenant governor[, and the board of
 
15 education] shall be signed by not less than twenty-five
 
16 registered voters of the State or of the Congressional district
 
17 [or school board district] from which the candidates are running
 
18 in the case of candidates for the United States House of
 
19 Representatives [or for the board of education]."
 
20      SECTION 6.  Section 21F-8, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 

 
 
 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      "[[]§21F-8[]]  Agencies to cooperate.  All departments,
 
 2 agencies, and education institutions of the executive and
 
 3 judicial branches, the office of Hawaiian affairs, and the
 
 4 University of Hawaii shall comply with requests of the office of
 
 5 the legislative analyst for information, data, estimates, and
 
 6 statistics on the funding revenue operations, and other affairs
 
 7 of the department, agency, education institution, the office of
 
 8 Hawaiian affairs, or University of Hawaii.  The comptroller, the
 
 9 director of finance, the director of taxation, the administrative
 
10 director of the courts, the administrator of the office of
 
11 Hawaiian affairs, the board of education, and the superintendent
 
12 of education, and the president of the University of Hawaii shall
 
13 provide the office of the legislative analyst with full and free
 
14 access to information, data, estimates, and statistics in the
 
15 possession of their respective departments on the state budget,
 
16 revenue, expenditures, and tax revenue and expenditures."
 
17      SECTION 7.  Section 88-21, Hawaii Revised Statutes, is
 
18 amended by amending the definition of "elective officers" or
 
19 "elective officials" to read as follows:
 
20      ""Elective officer" or "elective official":  any person
 
21 elected to a public office or appointed to fill a vacancy of an
 
22 elective office, except as a delegate to a constitutional
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 convention[, member of the board of education] or trustee of the
 
 2 office of Hawaiian affairs, in accordance with an election duly
 
 3 held in the State or counties under chapter 11; provided that the
 
 4 person receives compensation, pay, or salary for such office."
 
 5      SECTION 8.  Section 302A-1101, Hawaii Revised Statutes, is
 
 6 amended by amending subsection (a) to read as follows:
 
 7      "(a)  There shall be a principal executive department to be
 
 8 known as the department of education, which shall be headed by an
 
 9 [elected] appointed policy-making board to be known as the board
 
10 of education.  The board shall have power in accordance with law
 
11 to formulate statewide educational policy, adopt student
 
12 performance standards and assessment models, monitor school
 
13 success, and to appoint the superintendent of education as the
 
14 chief executive officer of the public school system.
 
15      The board shall consist of fifteen members to be appointed
 
16 as follows:
 
17      (1)  Each school advisory council shall submit a list of
 
18           three nominees who are residents of the council's
 
19           geographic region and the governor shall select one
 
20           member from each list to serve a two-year term;
 

 
 
 
 
 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (2)  The governor shall appoint the remaining eight members,
 
 2           for four-year terms, with at least one member from each
 
 3           of the following school/community-based management
 
 4           participant groups:
 
 5           (A)  One parent of a public school student;
 
 6           (B)  One representative of the community;
 
 7           (C)  One teacher/instructional staff member of a public
 
 8                school;
 
 9           (D)  One school administrator of a public school;
 
10           (E)  One support staff member of a public school; and
 
11           (F)  One at-large member;
 
12           and
 
13      (3)  One student to be appointed by the state student
 
14           council.
 
15      A vacancy occurring in the membership of the board during a
 
16 term shall be filled for the unexpired term thereof, subject to
 
17 article V, section 6, of the Constitution of the State; provided
 
18 that the governor shall appoint a member from the same category
 
19 as the member being replaced.  No person shall be appointed
 
20 consecutively to more than two terms as a member of the same
 
21 board."
 

 
 
 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      SECTION 9.  Section 302A-1110, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]§302A-1110[]]  Educational districts not applicable.
 
 4 The educational districts established by section 4-1 shall not be
 
 5 applicable to, nor alter, [the school board or departmental
 
 6 school districts, established by section 13-1, or] the school
 
 7 districts established for administrative purposes by the
 
 8 department."
 
 9      SECTION 10.  Section 17-6, Hawaii Revised Statutes, is
 
10 repealed.
 
11      ["§17-6 Board of education members.(a)  The governor
 
12 shall make an appointment to fill any vacancy in the membership
 
13 of the board of education for the unexpired term of that vacancy
 
14 whenever a vacancy occurs and the term of that vacancy ends at
 
15 the time of the next succeeding general election.
 
16      (b)  In the case of a vacancy, the term of which does not
 
17 end at the next succeeding general election:
 
18      (1)  If it occurs not later than on the sixtieth day prior
 
19           to the next succeeding general election, the vacancy
 
20           shall be filled for the unexpired term at the next
 
21           succeeding general election.  The chief election
 
22           officer shall issue a proclamation designating the
 
23           election for filling the vacancy.  All candidates for
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           the unexpired term shall file nomination papers not
 
 2           later than 4:30 p.m. on the fiftieth day prior to the
 
 3           general election (but if such day is a Saturday,
 
 4           Sunday, or holiday then not later than 4:30 p.m. on the
 
 5           first working day immediately preceding) and shall be
 
 6           elected in accordance with this title.  Pending the
 
 7           election the governor shall make a temporary
 
 8           appointment to fill the vacancy and the person so
 
 9           appointed shall serve until the election of the person
 
10           duly elected to fill such vacancy.
 
11      (2)  If it occurs after the sixtieth day prior to the next
 
12           succeeding general election, the governor shall make an
 
13           appointment to fill the vacancy for the unexpired term.
 
14      (c)  All appointments made by the governor under this
 
15 section shall be made without consideration of the appointee's
 
16 party affiliation or preference or nonpartisanship, however the
 
17 persons so appointed shall meet the residency requirement
 
18 specified in section 13-1."]
 
19      SECTION 11.  Chapter 13, Hawaii Revised Statutes, is
 
20 repealed.
 
21      SECTION 12.  Statutory material to be repealed is bracketed.
 
22 New statutory material is underscored.
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      SECTION 13.  This Act shall take effect upon its approval
 
 2 and upon the ratification of a constitutional amendment
 
 3 authorizing the governor to appoint the members of the board of
 
 4 education.