SB2254 SD1.DOC

PART I

SECTION 1. The purpose of this Act is to establish a candidate advisory council for the Hawaiian homes commission to present nominees to the governor for the appointment of individuals to serve on the Hawaiian homes commission. This Act also:

(1) Requires all members of the Hawaiian homes commission to be of Hawaiian ancestry;

(2) Requires the ninth member of the commission to be an at-large member, rather than the chairperson of the commission;

(3) Requires the members of the commission, rather than the governor, to select a chairperson from among the members thereof at the end of each fiscal year; and

(4) Changes the term of the chairperson from commencing on January 1 and expiring on December 31 to a one-year term commencing on July 1 and expiring on June 30.

PART II

SECTION 2. The Hawaiian Homes Commission Act, 1920, as amended, is amended by adding a new section to be appropriately designated and to read as follows:

"§ . Candidate advisory council for the Hawaiian homes commission. (a) The candidate advisory council for the Hawaiian homes commission shall recruit, evaluate, and present to the governor qualified candidates for nomination to a vacant seat on the commission. The candidate advisory council shall be attached to the department of Hawaiian home lands for administrative purposes.

(b) The candidate advisory council shall:

(1) Develop and implement a fair and independent procedure for evaluating candidates to serve on the commission;

(2) Require candidates and members of their immediate families to disclose any existing or anticipated contracts or financial transactions with the department of Hawaiian home lands;

(3) Actively solicit and accept applications from potential candidates;

(4) Evaluate candidates for the commission on their background, experience, and potential for discharging the responsibilities of a member of the commission based upon the qualifications imposed by the Hawaiian Homes Commission Act, 1920, as amended; and

(5) Present a list of three candidates who have received a majority vote by the candidate advisory council to the governor for nomination and appointment for each vacant seat on the commission.

(c) The candidate advisory council shall initiate the recruitment and evaluation of candidates for each vacancy on the commission within:

(1) Sixty days of a vacancy; or

(2) At least one hundred twenty days prior to the expiration of a commissioner's term.

To provide continuity for the commission, the governor may recommend to the candidate advisory council the reappointment of a member of the commission, subject to the advice and consent of the senate.

(d) The candidate advisory council shall consist of nine voting members to be appointed without regard to section 26-34, Hawaii Revised Statutes, as follows:

(1) Two members shall be appointed by the president of the senate;

(2) Two members shall be appointed by the speaker of the house of representatives;

(3) One member shall be appointed by the Sovereign Councils of the Hawaiian Homelands Assembly;

(4) One member shall be appointed by Auamo I Na Alaka‘i;

(5) One member shall be appointed by the Association of Hawaiian Civic Clubs; and

(6) Two members shall be appointed by the commission.

Appointees to the candidate advisory council shall have a general understanding of the purposes and administration of the Hawaiian Homes Commission Act, 1920, as amended; the mission and strategic goals of the department of Hawaiian home lands; and the roles and responsibilities of the commission.

(e) Members of the candidate advisory council shall serve a term of four years. Members shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties. The chairperson of the candidate advisory council shall be elected from among the members by a majority of the members of the candidate advisory council.

(f) The candidate advisory council shall operate in a wholly nonpartisan manner. No member of the candidate advisory council shall run for or hold elective office of the State or any of its political subdivisions while serving on the candidate advisory council. A member of the candidate advisory council shall resign from the candidate advisory council prior to filing nomination papers for an elective office of the State or any of its political subdivisions.

(g) A majority of the members of the candidate advisory council shall constitute a quorum to conduct business. The concurrence of a majority of the members of the candidate advisory council shall be necessary to make any action of the candidate advisory council valid. The candidate advisory council shall meet annually and at other times as necessary. The candidate advisory council shall be exempt from part I of chapter 92, Hawaii Revised Statutes.

(h) A vacancy occurring in the membership of the candidate advisory council during a term shall be filled for the remainder of the unexpired term thereof by the appointing authority who appointed the member who creates the vacancy. Any member of the candidate advisory council whose term has expired may continue in office as a holdover member until a successor is appointed; provided that a holdover member shall not hold office for more than six months following the expiration of the member's term of office."

SECTION 3. Section 202, Hawaiian Homes Commission Act, 1920, as amended, is amended to read as follows:

"§202. Department officers, staff, commission, members, compensation. (a) There shall be a department of Hawaiian home lands which shall be headed by an executive board to be known as the Hawaiian homes commission. The members of the commission shall be nominated and appointed in accordance with section [~~26‑34, Hawaii Revised Statutes.~~] of this Act and subject to the advice and consent of the senate. The commission shall be composed of nine members, as follows: [~~three~~]

(1) Three shall be residents of the city and county of Honolulu; [~~two~~]

(2) Two shall be residents of the county of Hawaii, one of whom shall be a resident of east Hawaii and the other a resident of west Hawaii; [~~two~~]

(3) Two shall be residents of the county of Maui, one of whom shall be a resident from the island of Molokai; [~~one~~]

(4) One shall be a resident of the county of Kauai; and [~~the~~]

(5) The ninth member shall be [~~the chairman of the Hawaiian homes commission.~~] an at-large member.

All members shall have been residents of the State at least three years prior to their appointment and [~~at least four of the members shall~~] be descendants of [~~not less than one-fourth part of the blood of~~] the races inhabiting the Hawaiian Islands previous to 1778. The members of the commission shall serve without pay, but shall receive actual expenses incurred by them in the discharge of their duties as such members. [~~The governor shall appoint the chairman of the commission from among the members thereof.~~] The chairperson of the commission shall be elected from among the members by a majority of the members of the commission every year for a one-year term to commence on July 1 and expire on June 30.

The commission may delegate to the [~~chairman~~] chairperson such duties, powers, and authority or so much thereof, as may be lawful or proper for the performance of the functions vested in the commission. The [~~chairman~~] chairperson of the commission shall serve in a full-time capacity. [He] The chairperson shall, in such capacity, perform such duties, and exercise such powers and authority, or so much thereof, as may be delegated to [~~him~~] the chairperson by the commission as herein provided above.

(b) The provisions of section 76-16, Hawaii Revised Statutes, shall apply to the positions of first deputy and private secretary to the [~~chairman~~] chairperson of the commission. The department may hire temporary staff on a contractual basis not subject to chapters 76 and 78, Hawaii Revised Statutes, when the services to be performed will assist in carrying out the purposes of the Act. These positions may be funded through appropriations for capital improvement program projects and by the administration account, operating fund, or native Hawaiian rehabilitation fund. No contract shall be for a period longer than two years, but individuals hired under contract may be employed for a maximum of six years; provided that the six-year limitation shall not apply if the department, with the approval of the governor, determines that such contract individuals are needed to provide critical services for the efficient functioning of the department. All other positions in the department shall be subject to chapter 76, Hawaii Revised Statutes.

All vacant and new civil service positions covered by chapter 76, Hawaii Revised Statutes, shall be filled in accordance with section 76-22.5, Hawaii Revised Statutes; provided that the provisions of these sections shall be applicable first to qualified persons of Hawaiian extraction."

PART III

SECTION 4. Section 26-17, Hawaii Revised Statutes, is amended to read as follows:

"§26-17 Department of Hawaiian home lands. The department of Hawaiian home lands shall be headed by an executive board to be known as the Hawaiian homes commission.

The commission shall be composed of nine members. The nomination, appointment, [~~tenure, and removal of the members~~] and the filling of vacancies on the commission shall be in accordance with [~~section 26-34 and section~~] sections 202(a) and of the Hawaiian Homes Commission Act of 1920, as amended. [~~The governor shall appoint the chairperson of the commission from among the members thereof.~~] Appointments to the commission shall be subject to the advice and consent of the senate. The tenure and removal of the members shall be in accordance with section 26-34. The chairperson of the commission shall be elected from among the members by a majority of the members of the commission every year for a one-year term to commence on July 1 and expire on June 30.

The commission may delegate to the chairperson such duties, powers, and authority, or so much thereof as may be lawful or proper, for the performance of the functions vested in the commission.

The chairperson of the [~~board~~] commission shall serve in a full-time capacity and shall perform such duties, and exercise such powers and authority, or so much thereof as may be delegated to the chairperson by the [~~board.~~] commission.

The department shall administer the Hawaiian Homes Commission Act of 1920, as amended, as set forth in the Constitution of the State and by law.

The functions and authority heretofore exercised by the Hawaiian homes commission as heretofore constituted are transferred to the department of Hawaiian home lands established by this chapter."

SECTION 5. Section 26-34, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The members of each board and commission established by law shall be nominated and, by and with the advice and consent of the senate, appointed by the governor. Unless otherwise provided by this chapter or by law hereafter enacted, the terms of the members shall be for four years; provided that the governor may reduce the terms of those initially appointed so as to provide, as nearly as can be, for the expiration of an equal number of terms at intervals of one year for each board and commission. Unless otherwise provided by law, each term shall commence on July 1 and expire on June 30, except that the terms of the chairpersons of the board of agriculture[,] and the board of land and natural resources[~~, and the Hawaiian homes commission~~] shall commence on January 1 and expire on December 31. No person shall be appointed consecutively to more than two terms as a member of the same board or commission; provided that membership on any board or commission shall not exceed eight consecutive years."

PART IV

SECTION 6. The provisions of the amendments made by part II of this Act to the Hawaiian Homes Commission Act, 1920, as amended, are declared to be severable, and if any section, sentence, clause, or phrase, or the application thereof to any person or circumstances is held ineffective because there is a requirement of having the consent of the United States to take effect, then that portion only shall take effect upon the granting of consent by the United States and effectiveness of the remainder of these amendments or the application thereof shall not be affected.

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

SECTION 8. This Act shall take effect on July 1, 2050.

THE SENATE	S.B. NO.	2254
TWENTY-SEVENTH LEGISLATURE, 2014		S.D. 1
STATE OF HAWAII