Report Title:

Election of OHA Trustees; Island Residency Requirement

 

Description:

Amends the requirements for election of OHA Trustees so that four are elected at-large and the remaining five are elected by island. Requires the five trustees elected by island to be residents of the island to which election is sought. Requires the reapportionment commission to review recommendations.

THE SENATE

S.B. NO.

109

TWENTY-FIRST LEGISLATURE, 2001

  

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

RELATING TO THE ELECTION OF THE BOARD OF TRUSTEES OF THE OFFICE OF HAWAIIAN AFFAIRS.

 

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

SECTION 1. 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 who are Hawaiian. 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.]:

(1) Voters on the island of Oahu shall elect       members, who shall be residents and registered voters on the island of Oahu;

(2) Voters on the island of Hawaii shall elect       members who shall be residents and registered voters on the island of Hawaii;

(3) Voters on the island of Maui shall elect       members who shall be residents and registered voters on the island of Maui;

(4) Voters on the islands of Lanai and Molokai shall elect       members who shall be residents and registered voters on the island of Lanai or Molokai;

(5) Voters on the islands of Kauai and Niihau shall elect       members who shall be residents and registered voters on the island of Kauai or Niihau; and

(6) Voters statewide and qualified nonresident voters shall elect       at-large members."

SECTION 2. Section 13D-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) No person shall be eligible to register as a voter for the election of board members unless the person meets the following qualifications:

(1) The person has attained the age of eighteen years or will have attained such age within one year of the date of the next election of board members; [and]

(2) The person is otherwise qualified to register to vote in the State[.]; and

(3) For the election of board members that represent specific islands, the person must be a resident of that island."

SECTION 3. Section 13D-4, Hawaii Revised Statutes, is amended to read as follows:

"[[]§13D-4[]] Election of board members. Members of the board of trustees shall be elected at a special election held in conjunction with 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.

Nomination papers. 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 candidate is seeking a seat requiring residency on a particular island or a seat without such residency requirement.

Ballot. 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] one candidate seeking election to the board[.] to represent the island on which the voter resides. The ballot shall contain the names of all board candidates arranged alphabetically; provided that the names of candidates seeking seats requiring residency on a particular island shall also be grouped by island of residency. Each eligible voter shall be entitled to receive the board of trustees ballot and to vote for the number of seats [available.] allowed under this section."

SECTION 4. As a part of its mandated responsibilities, the reapportionment commission that will be constituted in 2002 pursuant to article IV, section 1, of the Constitution of the State of Hawaii, shall review the office of Hawaiian affairs representation provided under sections 1, 2, and 3 of this Act and shall make representation recommendations based on the 2000 census of residents of the State of Hawaii who are qualified to vote in the election established pursuant to this Act. The 2002 reapportionment commission shall submit its findings, recommendations, and implementing draft legislation not later than twenty days prior to the convening of the 2003 regular session.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

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