REPORT TITLE:
Hawaiian Homes Commission



DESCRIPTION:
Authorizes the election of the members of the Hawaiian homes
commission by Hawaiian voters.


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           952
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT
RELATING TO THE HAWAIIAN HOMES COMMISSION.




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

 1      SECTION 1.  The purpose of this Act is to authorize the
 
 2 election of the members of the Hawaiian homes commission by
 
 3 Hawaiian voters.
 
 4      SECTION 2.  The Hawaiian Homes Commission Act, 1920, is
 
 5 amended by adding four new sections to be appropriately
 
 6 designated and to read as follows:
 
 7      "§    A.   Qualifications of commission members.  (a)  No
 
 8 person shall be eligible for election to the commission unless
 
 9 the person meets the following qualifications:
 
10      (1)  The person shall be a descendant of the aboriginal
 
11           peoples inhabiting the Hawaiian Islands which exercised
 
12           sovereignty and subsisted in the Hawaiian Islands in
 
13           1778, and which peoples thereafter have continued to
 
14           reside in Hawaii;
 
15      (2)  The person has attained the age of eighteen years or
 
16           will have attained such age within one year of the date
 
17           of the next election of commission members; and
 
18      (3)  The person is otherwise qualified to register to vote
 
19           in the State.
 

 
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 1      (b)  No member of the commission shall hold or be a
 
 2 candidate for any other public office under the state or county
 
 3 governments in accordance with article II, section 7, of the
 
 4 Constitution of the State of Hawaii; nor shall a person be
 
 5 eligible for election to the commission if that person is also a
 
 6 candidate for any other public office under the state or county
 
 7 governments.  For the purposes of this section, the term "public
 
 8 office" shall not include notaries public, reserve police
 
 9 officers, or officers of emergency organizations for civilian
 
10 defense or disaster, or disaster relief.
 
11      §    B.   Election of commission members.  (a)  Members of
 
12 the commission shall be elected at a special election held in
 
13 conjunction with the general election in every even-numbered
 
14 year.
 
15      (b)  Any person wishing to register as a candidate for the
 
16 election as a commission member shall submit to an examination
 
17 under oath by the clerk of the county as to the person's
 
18 qualifications.  In addition, each candidate shall make and
 
19 subscribe to an application in the form of an affidavit verifying
 
20 the candidate's qualifications.
 
21      (c)  The chief election officer shall prepare the nomination
 
22 papers in such a manner that a candidate desiring to file for
 
23 election to the commission shall be able to specify that the
 

 
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 1 candidate is seeking a seat requiring residency on a particular
 
 2 island.
 
 3      (d)  The ballot shall be prepared in such a manner that
 
 4 voters qualified and registered under this Act shall be afforded
 
 5 the opportunity to cast ballots for the candidates seeking
 
 6 election to the seats representing the island on which the voter
 
 7 resides.  The ballot shall contain the names of the candidates
 
 8 arranged alphabetically.  Each eligible voter shall be entitled
 
 9 to receive the commission ballot and to vote for the number of
 
10 seats available on the island on which the voter resides.
 
11      §    C.   Qualification of voters; registration.  (a)  No
 
12 person shall be eligible to register as a voter for the election
 
13 of commission members unless the person meets the following
 
14 qualifications:
 
15      (1)  The person is a descendant of the aboriginal peoples
 
16           inhabiting the Hawaiian Islands which exercised
 
17           sovereignty and subsisted in the Hawaiian Islands in
 
18           1778, and which peoples thereafter have continued to
 
19           reside in Hawaii;
 
20      (2)  The person has attained the age of eighteen years or
 
21           will have attained such age within one year of the date
 
22           of the next election of commission members; and
 
23      (3)  The person is otherwise qualified to register to vote
 

 
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 1           in the State and is benefitting or may benefit from the
 
 2           provisions of this Act.
 
 3      (b)  The clerk of each county shall register all persons in
 
 4 the county who are eligible and wish to register as voters for
 
 5 the election of commission members.  The register may be
 
 6 maintained in conjunction with the general county register;
 
 7 provided that the clerk shall be able to prepare a separate list
 
 8 of voters for the election of commission members, capable of
 
 9 segregation by precinct and representative district.  The
 
10 maintenance, reproduction, and transmittal of records and
 
11 affidavits to a central file may be in accordance with section
 
12 11-14, Hawaii Revised Statutes.
 
13      §    D.   Term of office; vacancies.  (a)  The term of
 
14 office of members of the commission shall be four years beginning
 
15 on the day of the special election held in conjunction with the
 
16 general election of the year in which they are elected and ending
 
17 on the day of the special election held in conjunction with the
 
18 second general election after their election; except that the
 
19 term of office of commission members elected in 1998 shall be as
 
20 follows:
 
21      (1)  The four members elected with the highest number of
 
22           votes shall serve four years; and
 
23      (2)  The remaining members elected shall serve two years.
 

 
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 1 Members of the commission may be re-elected without restriction
 
 2 as to the number of terms.
 
 3      (b)  Any vacancy that may occur through any cause other than
 
 4 the expiration of the term of office shall be filled in
 
 5 accordance with section 17-   , Hawaii Revised Statutes."
 
 6      SECTION 3.  Chapter 17, Hawaii Revised Statutes, is amended
 
 7 by adding a new section to be appropriately designated and to
 
 8 read as follows:
 
 9      "§17-      Hawaiian homes commission; vacancies.  (a)
 
10 Whenever any vacancy in the membership of the Hawaiian homes
 
11 commission occurs, the term of which ends at the next succeeding
 
12 special election held in conjunction with the general election,
 
13 the vacancy shall be filled within sixty days by a two-thirds
 
14 vote of the remaining members of the commission.
 
15      (b)  In the case of a vacancy, the term of which does not
 
16 end at the next succeeding special election held in conjunction
 
17 with the general election:
 
18      (1)  If it occurs not later than on the sixtieth day prior
 
19           to the next succeeding special election held in
 
20           conjunction with the general election, the vacancy
 
21           shall be filled for the unexpired term at the next
 
22           succeeding special election held in conjunction with
 
23           the general election.  The chief election officer shall
 

 
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 1           issue a proclamation designating the election for
 
 2           filling the vacancy.  All candidates for the unexpired
 
 3           term shall file nomination papers not later than 4:30
 
 4           p.m. on the fiftieth day prior to the special election
 
 5           (but if such day is a Saturday, Sunday, or holiday then
 
 6           not later than 4:30 p.m. on the first working day
 
 7           immediately preceding) and shall be elected in
 
 8           accordance with this title.  Pending the election, the
 
 9           commission shall make a temporary appointment to fill
 
10           the vacancy in the manner prescribed under subsection
 
11           (a).  The person so appointed shall reside on the
 
12           island from which the vacancy occurred, and shall serve
 
13           for the duration of the unexpired term and shall serve
 
14           until the election of the person duly elected to fill
 
15           such vacancy; or
 
16      (2)  If it occurs after the sixtieth day prior to the next
 
17           succeeding special election held in conjunction with
 
18           the general election, the commission shall make an
 
19           appointment to fill the vacancy in the manner
 
20           prescribed under subsection (a).  The person so
 
21           appointed shall reside on the island from which the
 
22           vacancy occurred, and shall serve for the duration of
 
23           the unexpired term.
 

 
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 1      (c)  All appointments made by the commission under this
 
 2 section shall be made without consideration of the appointee's
 
 3 party preference or nonpartisanship status."
 
 4      SECTION 4.  Section 202, Hawaiian Homes Commission Act,
 
 5 1920, is amended to read as follows:
 
 6      "§202.  Department officers, staff, commission, members,
 
 7 compensation.(a)  There shall be a department of Hawaiian home
 
 8 lands which shall be headed by an executive board to be known as
 
 9 the Hawaiian homes commission.  The members of the commission
 
10 shall be [nominated and appointed in accordance with section
 
11 26-34,] elected in accordance with this Act and chapters 11, 12,
 
12 15, 16, 17, and 19, Hawaii Revised Statutes.  The commission
 
13 shall be composed of nine members, [as follows:  three shall be
 
14 residents of the city and county of Honolulu; two shall be
 
15 residents of the county of Hawaii one of whom shall be a resident
 
16 of east Hawaii and the other a resident of west Hawaii; two shall
 
17 be residents of the county of Maui one of whom shall be a
 
18 resident from the island of Molokai; one shall be a resident of
 
19 the county of Kauai; and the ninth member shall be the chairman
 
20 of the Hawaiian homes commission.  All members shall have been
 
21 residents of the State at least three years prior to their
 
22 appointment and at least four of the members shall be descendants
 
23 of not less than one-fourth part of the blood of the races
 

 
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 1 inhabiting the Hawaiian Islands previous to 1778.] elected
 
 2 pursuant to section      B(a) of this Act as follows:
 
 3      (1)  Two shall reside on the island of Hawaii and shall be
 
 4           registered to vote on the island of Hawaii; provided
 
 5           that one member shall reside in east Hawaii in one of
 
 6           the districts of Puna, South Hilo, North Hilo, or
 
 7           Hamakua, and the other shall reside in west Hawaii in
 
 8           one of the districts of North Kohala, South Kohala,
 
 9           North Kona, South Kona, or Kau;
 
10      (2)  One shall reside on the island of Maui and shall be
 
11           registered to vote on the island of Maui;
 
12      (3)  One shall reside on the island of Molokai and shall be
 
13           registered to vote on the island of Molokai;
 
14      (4)  One shall reside on the island of Kauai and shall be
 
15           registered to vote on the island of Kauai; and
 
16      (5)  Four shall reside on the island of Oahu and shall be
 
17           registered to vote on the island of Oahu.
 
18 The tenth member shall be the director of the department of
 
19 Hawaiian home lands who shall serve as an ex officio nonvoting
 
20 member.  The members of the commission shall serve without pay,
 
21 but shall receive actual expenses incurred by them in the
 
22 discharge of their duties as [such] members.  The [governor shall
 
23 appoint the chairman] chairperson of the commission [from among
 

 
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 1 the] shall be selected by the members [thereof.] of the
 
 2 commission.  The commission shall appoint the director of the
 
 3 department.
 
 4      The commission may delegate to the [chairman] director such
 
 5 duties, powers, and authority or so much thereof, as may be
 
 6 lawful or proper for the performance of the functions vested in
 
 7 the commission.  The [chairman of the commission] director shall
 
 8 serve in a full-time capacity[.  He shall, in such capacity,] and
 
 9 shall perform such duties, and exercise such powers and
 
10 authority, or so much thereof, as may be delegated to [him] the
 
11 director by the commission [as herein provided above].
 
12      (b)  [The provisions of section] Section 76-16, Hawaii
 
13 Revised Statutes, shall apply to the positions of first deputy
 
14 and private secretary to the [chairman of the commission.]
 
15 director.  The department may hire temporary staff on a
 
16 contractual basis not subject to chapters 76, 77, and 78, Hawaii
 
17 Revised Statutes, when the services to be performed will assist
 
18 in carrying out the purposes of the Act.  These positions may be
 
19 funded through appropriations for capital improvement program
 
20 projects and by the administration account, operating fund, or
 
21 native Hawaiian rehabilitation fund.  No contract shall be for a
 
22 period longer than two years, but individuals hired under
 
23 contract may be employed for a maximum of six years; provided
 

 
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 1 that the six-year limitation shall not apply if the department,
 
 2 with the approval of the governor, determines that such contract
 
 3 individuals are needed to provide critical services for the
 
 4 efficient functioning of the department.  All other positions in
 
 5 the department shall be subject to chapters 76 and 77, Hawaii
 
 6 Revised Statutes.
 
 7      All vacancies and new positions which are covered by
 
 8 chapters 76 and 77, Hawaii Revised Statutes, shall be filled in
 
 9 accordance with sections 76-23 and 76-31, Hawaii Revised
 
10 Statutes, provided that the provisions of these sections shall be
 
11 applicable first to qualified persons of Hawaiian extraction."
 
12      SECTION 5.  Section 11-15, Hawaii Revised Statutes, is
 
13 amended by amending subsection (b) to read as follows:
 
14      "(b)  Any person qualified to and desiring to register as a
 
15 voter for the election of members of the board of trustees of the
 
16 office of Hawaiian affairs or of members of the Hawaiian homes
 
17 commission shall make and subscribe to an application in the form
 
18 of an affidavit which shall state that the person is Hawaiian and
 
19 which shall contain the information required under subsection
 
20 (a).  The affidavit shall also apply to all elections, primary,
 
21 special primary, general, special general, special, or county,
 
22 held in the State, under all voting systems used within the
 
23 State, so far as applicable and not inconsistent with this
 

 
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 1 title."
 
 2      SECTION 6.  Section 11-25, Hawaii Revised Statutes, is
 
 3 amended by amending subsections (a) and (b) to read as follows:
 
 4      "(a)  Challenging prior to election day.  Any registered
 
 5 voter may challenge the right of a person to be or to remain
 
 6 registered as a voter in any precinct for any cause not
 
 7 previously decided by the board of registration or the supreme
 
 8 court in respect to the same person; provided that [in]:
 
 9      (1)  In an election of members of the board of trustees of
 
10           the office of Hawaiian affairs the voter making the
 
11           challenge must be registered to vote in that
 
12           election[.]; and
 
13      (2)  In an election of members of the Hawaiian homes
 
14           commission, the voter making the challenge shall be
 
15           registered to vote in that election.
 
16 The challenge shall be in writing, setting forth the grounds upon
 
17 which it is based, and be signed by the person making the
 
18 challenge.  The challenge shall be delivered to the clerk who
 
19 shall forthwith serve notice thereof on the person challenged.
 
20 The clerk [shall], as soon as possible, shall investigate and
 
21 rule on the challenge.
 
22      (b)  Challenging on election day.  Any voter rightfully in
 
23 the polling place may challenge the right to vote of any person
 

 
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 1 who comes to the precinct officials for voting purposes.  The
 
 2 challenge shall be on the grounds that the voter is not the
 
 3 person the voter alleges to be, or that the voter is not entitled
 
 4 to vote in that precinct; provided that only in an election of
 
 5 members of the board of trustees of the office of Hawaiian
 
 6 affairs[,] or members of the Hawaiian homes commission, a person
 
 7 registered to vote in that election may also challenge on the
 
 8 grounds that the voter is not [Hawaiian.] eligible to vote in the
 
 9 particular election.  No other or further challenge shall be
 
10 allowed.  Any person thus challenged shall first be given the
 
11 opportunity to make the relevant correction pursuant to section
 
12 11-21.  The challenge shall be considered and decided immediately
 
13 by the precinct officials and the ruling shall be announced."
 
14      SECTION 7.  Section 12-5, Hawaii Revised Statutes, is
 
15 amended by amending subsection (c) to read as follows:
 
16      "(c)  Nomination papers for candidates for members of the
 
17 board of trustees of the office of Hawaiian affairs and for
 
18 members of the Hawaiian homes commission shall be signed by [not
 
19 less] no fewer than twenty-five persons registered as prescribed
 
20 under section 11-15(b)."
 
21      SECTION 8.  Section 12-6, Hawaii Revised Statutes, is
 
22 amended by amending subsection (a) to read as follows:
 
23      "(a)  Nomination papers shall be filed as follows:  for
 

 
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 1 members of Congress, state, and county offices, the Hawaiian
 
 2 homes commission, and the board of trustees of the office of
 
 3 Hawaiian affairs, with the chief election officer, or county
 
 4 clerk in case of county offices, not later than 4:30 p.m. on the
 
 5 sixtieth calendar day prior to the primary, special primary, or
 
 6 special election provided that if such day is a Saturday, Sunday,
 
 7 or holiday then not later than 4:30 p.m. on the first working day
 
 8 immediately preceding.  A state candidate from the counties of
 
 9 Hawaii, Maui, and Kauai may file the declaration of candidacy
 
10 with the respective county clerk.  The county clerk shall
 
11 transmit to the office of the chief election officer the state
 
12 candidate's declaration of candidacy without delay.  However, if
 
13 a special primary or special election is to be held by a county
 
14 and the county charter requires that the council shall issue a
 
15 proclamation calling for the election to be held within a
 
16 specified period of time, and if that requirement would not allow
 
17 the filing of nomination papers with the appropriate office by
 
18 the sixtieth calendar day prior to the day for holding the
 
19 special primary or special election, the council shall establish
 
20 the deadline for the filing of nomination papers in the
 
21 proclamation calling for the election."
 
22      SECTION 9.  Section 26-17, Hawaii Revised Statutes, is
 
23 amended to read as follows:
 

 
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 1      "§26-17  Department of Hawaiian home lands.  The department
 
 2 of Hawaiian home lands shall be headed by an executive board to
 
 3 be known as the Hawaiian homes commission.
 
 4      The commission shall be composed of nine members.  The
 
 5 [appointment,] election, tenure, and removal of the members and
 
 6 the filling of vacancies on the commission shall be in accordance
 
 7 with [section 26-34 and] 17-    and section [202(a)]     of the
 
 8 Hawaiian Homes Commission Act of 1920, as amended.  [The governor
 
 9 shall appoint the chairperson of the commission from among the
 
10 members thereof.]
 
11      The commission may delegate to the [chairperson] director of
 
12 Hawaiian home lands such duties, powers, and authority, or so
 
13 much thereof as may be lawful or proper, for the performance of
 
14 the functions vested in the commission.
 
15      The [chairperson of the board] director of Hawaiian home
 
16 lands shall serve in a [full time] full-time capacity and shall
 
17 perform such duties, and exercise such powers and authority, or
 
18 so much thereof as may be delegated to the [chairperson] director
 
19 of Hawaiian home lands by the [board.] commission.
 
20      The department shall administer the Hawaiian Homes
 
21 Commission Act of 1920 as set forth in the Constitution of the
 
22 State and by law.
 
23      The functions and authority heretofore exercised by the
 

 
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 1 Hawaiian homes commission as heretofore constituted are
 
 2 transferred to the department of Hawaiian home lands established
 
 3 by this chapter."
 
 4      SECTION 10.  Section 26-34, Hawaii Revised Statutes, is
 
 5 amended by amending subsection (a) to read as follows:
 
 6      "(a)  The members of each board and commission established
 
 7 by law except the Hawaiian homes commission shall be nominated
 
 8 and, by and with the advice and consent of the senate, appointed
 
 9 by the governor.  Unless otherwise provided by this chapter or by
 
10 law hereafter enacted, the terms of the members shall be for four
 
11 years; provided that the governor may reduce the terms of those
 
12 initially appointed so as to provide, as nearly as can be, for
 
13 the expiration of an equal number of terms at intervals of one
 
14 year for each board and commission.  Unless otherwise provided by
 
15 law, each term shall commence on July 1 and expire on June 30,
 
16 except that the terms of the chairpersons of the board of
 
17 agriculture, the board of land and natural resources, and the
 
18 Hawaiian homes commissions shall commence on January 1 and expire
 
19 on December 31.  No person shall be appointed consecutively to
 
20 more than two terms as a member of the same board or commission;
 
21 provided that membership on any board or commission shall not
 
22 exceed eight consecutive years."
 
23      SECTION 11.  The terms of the appointed members of the
 

 
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 1 Hawaiian homes commission shall expire on the day of the special
 
 2 election to elect members of the commission.
 
 3      SECTION 12.  The amendments made by this Act to the Hawaiian
 
 4 Homes Commission Act, 1920, as amended, are declared to be
 
 5 severable and, if any section, sentence, clause, or phrase, or
 
 6 the application thereof to any person or circumstance is held
 
 7 ineffective because there is a requirement of having the consent
 
 8 of the United States to take effect, then that portion shall take
 
 9 effect only upon the granting of consent by the United States,
 
10 and the effectiveness of the remainder of these amendments of the
 
11 application thereof shall not be affected.
 
12      SECTION 13.  In codifying the new sections added by section
 
13 2 and referenced in sections 4 and 9 of this Act, the revisor of
 
14 statutes shall substitute appropriate section numbers for the
 
15 letters used in designating the new sections in this Act.
 
16      SECTION 14.  Statutory material to be repealed is bracketed.
 
17 New statutory material is underscored.
 
18      SECTION 15.  This Act shall take effect upon its approval.
 
19 
 
20                           INTRODUCED BY:  _______________________