HOUSE OF REPRESENTATIVES	H.B. NO.	2177
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

PROPOSING AN AMENDMENT TO repeal ARTICLE x, SECTIONS 2 AND 3, and to amend ARTICLE XVI, SECTION 4, OF THE HAWAI`I STATE CONSTITUTION.

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

     SECTION 1.  The purpose of this Act is to propose an amendment to Article X, Sections 2 and 3, of the Constitution of the State of Hawaii to abolish the Board of Education.

    SECTION 2.  Article X, Section 2, of the Constitution of the State of Hawaii is repealed.

     ["BOARD OF EDUCATION

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 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.  Article X, Section 3, of the Constitution of the State of Hawaii is repealed.

     ["POWER OF THE BOARD OF EDUCATION

Section 3.  The board of education shall have the power, as provided by law, to formulate statewide educational policy and appoint the superintendent of education as the chief executive officer of the public school system."]

     SECTION 4.  Article XVI, Section 4, of the Constitution of the State of Hawaii is amended to read as follows:

     "OATH OF OFFICE

Section 4.  All eligible public officers, before entering upon the duties of their respective offices, shall take and subscribe to the following oath or affirmation:  "I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States, and the Constitution of the State of Hawaii, and that I will faithfully discharge my duties as ........................ to the best of my ability."  As used in this section, "eligible public officers" means the governor, the lieutenant governor, the members of both houses of the legislature, [the members of the board of education,] the members of the national guard, State or county employees who possess police powers, district court judges, and all those whose appointment requires the consent of the senate."

    SECTION 5.  The question to be printed on the ballot shall be as follows:

    "Shall the Board of Education be abolished?"

     SECTION 6.  Constitutional material to be repealed is bracketed and stricken.

     SECTION 7.  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:

Board of Education; abolish

Description:

Proposes a constitutional amendment to abolish the board of education.

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