Proposes a constitutional amendment to have Board of Education members elected from apportioned districts.

A BILL FOR AN ACT

PART I

SECTION 1. The purpose of this Act is to propose an amendment to Article X, Section 2, of the Constitution of the State of Hawaii to amend the manner in which members of the board of education represent the people of Hawaii.

SECTION 2. Article X, section 2, of the Constitution of the State of Hawaii, is amended to read as follows:

"Section 2. There shall be a board of education composed of members who shall be elected in a nonpartisan manner by qualified voters, as provided by law, from [two at-large] thirteen school board districts. [The first school board district shall be comprised of the island of Oahu and all other islands not specifically enumerated. The second school board district shall be comprised of the islands of Hawaii, Maui, Lanai, Molokai, Kahoolawe, Kauai and Niihau. Each at-large school board district shall be divided into departmental school districts, as may be provided by law. There shall be at least one member residing in each departmental school district.] The Hawaii State Student Council shall select a public high school student to serve as a nonvoting member on the board of education."

SECTION 3. The question to be printed on the ballot shall be as follows:

PART II

SECTION 4. Chapter 25, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§25- Reapportionment; school board districts. (a) School district reapportionment. The commission shall reapportion the school districts of the board of education on the basis, method, and criteria prescribed by the Constitution of the United States and article IV of the Hawaii Constitution. Pursuant thereto, the commission shall conduct public hearings and consult with the apportionment advisory council of each basic island unit. Not more than one hundred days from the date on which all members are certified, the commission shall cause to be given in each basic island unit, public notice of a school board district reapportionment plan prepared and proposed by the commission. At least one public hearing on the proposed reapportionment plan shall be held in each basic island unit after initial public notice of the plan. At least twenty days' notice shall be given of the public hearing. The notice shall include a statement of the substance of the proposed reapportionment plan, and of the date, time, and place where interested persons may be heard thereon. The notice shall be given at least once in the basic island unit where the hearing will be held. All interested persons shall be afforded an opportunity to submit data, views, or arguments, orally or in writing, for consideration by the commission. After the last of the public hearings, but in no event later than one hundred fifty days from the date on which all members of the commission are certified, the commission shall determine whether or not the plan is in need of correction or modification, make the correction or modification, if any, and file with the chief election officer, a final school board district reapportionment plan. Within fourteen days after the filing of the final reapportionment plan, the chief election officer shall cause public notice to be given of the final school board district reapportionment plan which, upon public notice, shall become effective as of the date of filing and govern the election of members of the next five succeeding general elections."

SECTION 5. Section 13-1, Hawaii Revised Statutes, is amended to read as follows:

"§13-1 Board members; number. (a) The board of education shall consist of thirteen members who shall be elected by the registered voters of [two at-large school board districts as follows:

First school board district: the island of Oahu, comprised of the 11th through the 48th and a portion of the 49th (that portion found on the island of Oahu) representative districts, and the

Second school board district: the islands of Hawaii, Maui, Lanai, Molokai, Kahoolawe, Kauai, and Niihau, comprised of the 1st through the 10th, a portion of the 49th (that portion found on the island of Kauai), and the 50th and 51st representative districts.

(b) Ten members shall be elected at-large from the first school board district. Of the ten members elected at-large from that district, one shall be a resident of the third departmental school district (Honolulu), one shall be a resident of the fourth departmental school district (Central Oahu), one shall be a resident of the fifth departmental school district (Leeward Oahu), and one shall be a resident of the sixth departmental school district (Windward Oahu).

(c) Three members shall be elected at-large from the second school board district. Of the three members elected at-large from that district, one shall be a resident of the first departmental school district (Hawaii), one shall be a resident of the second departmental school district (Maui), and one shall be a resident of the seventh departmental school district (Kauai).

(d) The departmental school districts shall be as follows:

First departmental school district (Hawaii): the island of Hawaii comprised of the 1st through the 5th and a portion of the 6th (that portion found on the island of Hawaii) representative districts;

Second departmental school district (Maui): the islands of Maui, Molokai (including the county of Kalawao), Lanai, and Kahoolawe comprised of a portion of the 6th (that portion found on the island of Maui) and the 7th through the 10th representative districts;

Third departmental school district (Honolulu): that portion of the island of Oahu comprised of the 21st through the 41st representative districts;

Fourth departmental school district (Central Oahu): that portion of the island of Oahu comprised of the 11th through the 14th and the 45th representative districts;

Fifth departmental school district (Leeward Oahu): that portion of the island of Oahu comprised of the 42nd through the 44th, the 46th through the 48th and a portion of the 49th (that portion found on the island of Oahu) representative districts;

Sixth departmental school district (Windward Oahu): that portion of the island of Oahu comprised of the 15th through the 20th representative districts; and

Seventh departmental school district (Kauai): the islands of Kauai and Niihau comprised of a portion of the 49th (that portion found on the island of Kauai) and the 50th and 51st representative districts.] the board district for which the candidate for the board of education is seeking election."

SECTION 6. Section 13-1.1, Hawaii Revised Statutes, is amended to read as follows:

"[[]§13-1.1[]] Reapportionment. Upon the implementation of a new apportionment plan, the chief election officer, by proclamation issued no later than the tenth day prior to the close of filing in elections, shall designate the representative districts that comprise the [departmental school districts and the] school board districts described in section 13-1 to comply with the new districting scheme of such plan[; provided that the departmental school districts designated shall cover areas similar to those described in section 13-1]."

SECTION 7. Section 13-3, Hawaii Revised Statutes, is amended to read as follows:

"§13-3 Election of members. (a) Members of the board of education shall be nominated at a primary election and elected at the general election. [Except as otherwise provided by this chapter, the candidates] Candidates for the board of education shall be elected in the manner prescribed by this title.

(b) In the event that there is only one qualified candidate for any seat requiring residency in a particular departmental school district, after the close of filing of nomination papers, the chief election officer shall declare such candidate to be duly and legally elected. In the event that the number of qualified candidates for seats without such residency requirement is equal to or less than the number of such seats to be filled, after the close of filing of nomination papers, the chief election officer shall declare such candidates to be duly and legally elected.]"

SECTION 8. Section 13-4, Hawaii Revised Statutes, is amended to read as follows:

"§13-4 Board members; term, vacancies. (a) The term of office of members of the board shall be for four years beginning on the day of the special election held in conjunction with the general election of the year in which they are elected and ending on the day of the special election held in conjunction with the second general election after their election, except as provided in subsection (c). Members of the board may be re-elected without restriction as to the number of terms.

(b) Any vacancy that may occur through any cause other than the expiration of the term of office shall be filled in accordance with section 17-6.

(c) Members of the board elected at the special election held in conjunction with the general election [in 1984] an election immediately succeeding a reapportionment shall be divided into two classes. There shall be seven members in the first class who shall hold office for a term of four years beginning with their election and ending on the day of the special election held in conjunction with the second general election after their election. The remaining members shall comprise the second class and shall hold office for a term of two years beginning with their election and ending on the day of the special election held in conjunction with the next general election after their election, and then members of the second class shall be elected to four year terms.

Membership in [the first] each class shall [consist of: three members who are elected with the highest number of votes from the first school board district as designated under section 13-1, who are not required to reside in any particular departmental school district and one member elected from each odd-numbered departmental school district. Membership of the second class shall consist of the remaining elected school board members.] be determined in a manner prescribed by the reapportionment commission convened for that year."

SECTION 9. Constitutional and statutory material to be repealed is bracketed and stricken. New constitutional and statutory material is underscored.

SECTION 10. The constitutional amendment and the amendments made to the Hawaii Revised Statutes pursuant to sections 4, 5, 6, 7, and 8, shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.