|
THE SENATE |
S.B. NO. |
286 |
|
TWENTY-SEVENTH LEGISLATURE, 2013 |
S.D. 1 |
|
|
STATE OF HAWAII |
H.D. 1 |
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO REAPPORTIONMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 25-2, Hawaii Revised Statutes, is amended to read as follows:
"§25-2 Duties. (a) Legislative
reapportionment. The commission shall reapportion the members of each house of
the legislature on the basis, method, and criteria prescribed by the
Constitution of the United States and article IV of the Hawaii Constitution[.],
and upon population data of the total number of permanent residents within the
State of Hawaii. 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 legislative 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 legislative 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 legislative 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 legislatures.
(b) "Permanent resident" means any person counted as a usual resident of the State of Hawaii in the last preceding United States census.
[(b)] (c) Congressional
reapportionment. At times that may be required by the Constitution and that
may be required by law of the United States, the commission shall redraw
congressional district lines for the districts from which the members of the
United States House of Representatives allocated to this State shall be
elected. The commission shall first determine the total number of members to
which the State is entitled and shall then apportion those members among single
member districts so that the average number of persons in the total population
counted in the last preceding United States census per member in each district
shall be as nearly equal as practicable. In effecting the reapportionment and
districting, the commission shall be guided by the following criteria:
(1) No district shall be drawn so as to unduly favor a person or political party;
(2) Except in the case of districts encompassing more than one island, districts shall be contiguous;
(3) Insofar as practicable, districts shall be compact;
(4) Where possible, district lines shall follow permanent and easily recognized features such as streets, streams, and clear geographical features, and when practicable, shall coincide with census tract boundaries;
(5) Where practicable, state legislative districts shall be wholly included within congressional districts; and
(6) Where practicable, submergence of an area in a larger district wherein substantially different socio-economic interests predominate shall be avoided.
Not more than one hundred days from the date on which all members are certified, the commission shall cause public notice to be given of a congressional reapportionment plan prepared and proposed by the commission. The commission shall conduct public hearings on the proposed plan in the manner prescribed under subsection (a). At least one public hearing shall be held in each basic island unit after initial public notice of the plan. 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 congressional reapportionment plan. Within fourteen days after filing of the final reapportionment plan, the chief election officer shall cause public notice to be given of the final congressional reapportionment plan which, upon public notice, shall become effective as of the date of filing and govern the election of members of the United States House of Representatives allocated to this State for the next five succeeding congresses."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Report Title:
Reapportionment; Definition of "permanent resident"; Census
Description:
Requires reapportionment to be based in part on population data of the total number of permanent residents in the State. Defines "permanent resident" for legislative reapportionment as any individual counted as a usual resident in the last preceding U.S. census within the State of Hawaii. (SB286 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.