SB798.DOC

SECTION 1. The legislature finds that since 1988, the Hawaii State Student Council has selected a public high school student to serve as a nonvoting member of the board of education, pursuant to article X, section 2 of the Constitution of the State of Hawaii. The Hawaii State Student Council has established an effective selection process and all public secondary schools statewide participate in an annual election for the student member of the board.

The legislature further finds that the young people who have served as the student member on the board of education have been well qualified and conscientious in meeting their responsibilities while serving on the board. As a result, the legislature finds that it would be in the best interests of public education to allow the student member of the board of education to be a voting member, subject to certain restrictions as determined by the board. A proposed constitutional amendment to remove the nonvoting restriction on the student member of the board of education has been submitted in separate legislation.

The purpose of this Act is to strengthen the role of the student member of the board of education by:

(1) Codifying the selection of the student member of the board of education in statute; and

(2) Clarifying that the board of education may determine any restrictions on actions taken by the student member,

upon the ratification of a constitutional amendment to article X, section 2, of the Constitution of the State of Hawaii, which requires that the student member of the board of education shall be a voting member who is selected as provided by law.

SECTION 2. 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~~] fourteen members [~~who~~]; thirteen of which shall be elected by the registered voters of two at-large school board districts and one of which shall be a public high school student who shall be selected pursuant to subsection (e). Thirteen members shall be elected 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.

(e) One member shall be a public high school student and shall be selected pursuant to Hawaii State Student Council election guidelines for an annual election at each public secondary school."

SECTION 3. Section 13-2, Hawaii Revised Statutes, is amended to read as follows:

"§13-2 Qualifications. (a) No person shall be eligible for election or appointment to the board of education unless the person is a registered voter of the school board district from which the person is to be elected or appointed and, where residency in a particular departmental school district is a requirement, a resident of the departmental school district for which seat the person is seeking election or appointment. No member of the board shall hold or be a candidate for any other public office under the state or county governments in accordance with Article II, section 7 of the Constitution of the State; nor shall a person be eligible for election or appointment to the board of education if that person is also a candidate for any other public office under the state or county governments.

(b) This section shall not apply to the student member of the board of education.

(c) The term "public office", for the purposes of this section, shall not include notaries public, reserve police officers, or officers of emergency organizations for civilian defense or disaster relief."

SECTION 4. 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 for the board of education shall be elected in the manner prescribed by this title.

(1) Nomination papers, preparation of. The chief election officer shall prepare nomination papers in [~~such~~] a manner that a candidate desiring to file for election to the board of education shall be able to specify whether the candidate is seeking a seat requiring residency in a particular departmental school district or a seat without [~~such~~] the residency requirement.

(2) Ballot. The school board ballot shall be prepared in [~~such~~] a manner as to afford every voter eligible to vote in a school board district race the opportunity to vote for each and every candidate seeking election from that school board district.

The school board ballot shall contain the names of all board candidates arranged alphabetically in a nonpartisan manner; provided that the names of candidates seeking seats requiring residency in a particular departmental school district shall be grouped alphabetically according to departmental school districts.

(3) Primary election. Two candidates receiving the most votes for each available seat shall be nominated for the general election. If, after the close of filing of nomination papers, there are only two qualified candidates for any seat requiring residency in a particular departmental school district, the chief election officer shall declare those two candidates duly nominated for the general election. The names of those two candidates shall not appear on the primary election ballot.

(4) General election. Each voter in the general election shall be entitled to receive the school board ballot and to vote for the number of seats available in the respective school board districts.

(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 5. 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~~] subsections (c)[.] and (d). 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 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 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.

(d) The term of office of the student member of the board shall be for one year; provided that the student member may serve a second term of one year if duly selected pursuant to section 13-1(e)."

SECTION 6. Section 302A-1106, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1106[]] Organization; quorum; meetings. The board shall elect from its own membership a chairperson and a vice-chairperson. A majority of all members to which the board is entitled shall constitute a quorum to do business and the concurrence of a majority of all members to which the board is entitled shall be necessary to make any action of the board valid; provided that the board may determine any restrictions on actions taken by the student member; and provided further that due notice shall have been given to all members of the board or a bona fide attempt shall have been made to give due notice to all members of the board to whom it was reasonably practicable to give due notice. Meetings shall be called and held, at the call of the chairperson or by a quorum, as often as may be necessary for the transaction of the department's business."

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon the ratification of a constitutional amendment to article X, section 2, of the Constitution of the State of Hawaii, which requires that the student member of the board of education shall be a voting member who is selected as provided by law.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	798
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII