THE SENATE	S.B. NO.	727
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII

A BILL FOR AN ACT

Relating to the Office of Hawaiian Affairs.

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

PART I

SECTION 1. Section 13D-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"[[](a)[]] The term of office of members of the board shall be four years beginning on the day of the general election at which they are elected, or if elected at a primary election, on the day of the general election immediately following the primary election at which they are elected, and ending on the day of the second general election after their election. [Members of the board may be reelected without restriction as to the number of terms.] Notwithstanding any law to the contrary, members shall serve for no more than the lesser of three terms or twelve years."

PART II

SECTION 2. Section 11-115, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The names of the candidates shall be placed upon the ballot for their respective offices in alphabetical order except:

(1) As provided in section 13D-4;

[(1)] (2) As provided in section 11-118;

[(2)] (3) For the limitations of the voting system in use; and

[(3)] (4) For the case of the candidates for vice president and lieutenant governor in the general election whose names shall be placed immediately below the name of the candidate for president or governor of the same political party."

SECTION 3. Section 13D-4, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The board of trustees ballot shall be prepared in such a manner that every voter qualified and registered under section 13D-3 shall be afforded the opportunity to vote for each and every candidate seeking election to the board. [The ballot shall contain the names of all board candidates arranged in accordance with section 11-115.] The names of the candidates shall be placed upon the ballot grouped by residency requirement or lack thereof; provided that within those groupings the names shall be in random order so that the names are randomized on individual ballots and also randomly rotated from one precinct to another."

SECTION 4. The chief election officer is directed to establish procedures to implement the purpose of this part, which shall apply to the election cycle beginning on January 1, 2020.

PART III

SECTION 5. Section 11-423, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) From January 1 of the year of any primary, special, or general election, the aggregate expenditures for each election by a candidate who voluntarily agrees to limit campaign expenditures, inclusive of all expenditures made or authorized by the candidate alone, all treasurers, the candidate committee, and noncandidate committees on the candidate's behalf, shall not exceed the following amounts expressed, respectively multiplied by the number of voters in the last preceding general election registered to vote in each respective voting district:

(1) For the office of governor — $2.50;

(2) For the office of lieutenant governor — $1.40;

(3) For the office of mayor — $2.00;

(4) For the offices of state senator, state representative, county council member, and prosecuting attorney — $1.40; [and]

(5) For member of the board of trustees, office of Hawaiian affairs — $1.40; and

[(5)] (6) For all other offices — 20 cents."

SECTION 6. Section 11-425, Hawaii Revised Statutes, is amended to read as follows:

"§11-425 Maximum amount of public funds available to candidate. (a) The maximum amount of public funds available in each election to a candidate for the office of governor, lieutenant governor, board of trustees of the office of Hawaiian affairs, or mayor shall not exceed ten per cent of the expenditure limit established in section 11-423(d) for each election.

(b) The maximum amount of public funds available in each election to a candidate for the office of state senator, state representative, county council member, and prosecuting attorney shall not exceed fifteen per cent of the expenditure limit established in section 11-423(d) for each election.

[(c) For the office of Hawaiian affairs, the maximum amount of public funds available to a candidate shall not exceed $1,500 in any election year.

(d)] (c) For all other offices, the maximum amount of public funds available to a candidate shall not exceed $100 in any election year.

[(e)] (d) Each candidate who qualified for the maximum amount of public funding in any primary election and who is a candidate for a subsequent general election shall apply with the commission to be qualified to receive the maximum amount of public funds as provided in this section for the respective general election. For purposes of this section, "qualified" means meeting the qualifying campaign contribution requirements of section 11-429."

PART IV

SECTION 7. Section 10-12, Hawaii Revised Statutes, is amended to read as follows:

"§10-12 Assistant; staff. The administrator may employ and retain [such] officers and employees as may be necessary to carry out the functions of the office. [Such] The officers [and employees] may be hired without regard to chapter 76, and shall serve at the pleasure of the administrator. The employees shall be subject to chapters 76 and 89. Officers and employees of the office of Hawaiian affairs shall be included in any benefit program generally applicable to officers and employees of the State."

SECTION 8. Section 76-71, Hawaii Revised Statutes, is amended to read as follows:

"§76-71 Department of civil service. There shall be a department of civil service for each of the counties of Hawaii, Maui, and Kauai, and for the office of Hawaiian affairs, which shall include a personnel director and a merit appeals board established under section 76-47."

SECTION 9. Section 89-6, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) For the purpose of negotiating a collective bargaining agreement, the public employer of an appropriate bargaining unit shall mean the governor together with the following employers:

(1) For bargaining units (1), (2), (3), (4), (9), (10), (13), and (14), the governor shall have [six] seven votes and the following individuals or boards shall have one vote each if they have employees in the particular bargaining unit:

(A) The mayors[, the];

(B) The chief justice[, and the];

(C) The Hawaii health systems corporation board [shall each have one vote if they have employees in the particular bargaining unit]; and

(D) The board of trustees of the office of Hawaiian affairs;

(2) For bargaining units (11) and (12), the governor shall have four votes and the mayors shall each have one vote;

(3) For bargaining units (5) and (6), the governor shall have three votes, the board of education shall have two votes, and the superintendent of education shall have one vote; and

(4) For bargaining units (7) and (8), the governor shall have three votes, the board of regents of the University of Hawaii shall have two votes, and the president of the University of Hawaii shall have one vote.

Any decision to be reached by the applicable employer group shall be on the basis of simple majority, except when a bargaining unit includes county employees from more than one county. In that case, the simple majority shall include at least one county."

SECTION 10. All existing employees of the office of Hawaiian affairs shall be conferred permanent civil service status within the meaning of chapter 76, Hawaii Revised Statutes, without the necessity of examination, without any reduction in pay, and without any loss of seniority, prior service credit, vacation and sick leave credits earned, or loss of any benefits accorded a civil service employee.

SECTION 11. The rights, benefits, and privileges currently enjoyed by employees of the office of Hawaiian affairs, including those rights, benefits, and privileges under chapters 78, 87A, and 88, Hawaii Revised Statutes, shall not be impaired or diminished as a result of these employees being transitioned to their respective bargaining unit. The transition to the new bargaining units shall not result in any break in service for the affected employees.

PART V

SECTION 12. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 13. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 14. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 15. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Office of Hawaiian Affairs; Term Limits; Ballot Order; Partial Public Funding; Collective Bargaining

Description:

Subjects office of Hawaiian affairs employees in the State's civil service and public employee collective bargaining systems; sets term limits for members of the board of trustees of the office of Hawaiian affairs to no more than three terms or twelve years; increases partial public funding for candidates running for seats on the board of trustees of the office of Hawaiian affairs to match the partial public funding provided to the lieutenant governor; and requires that names of candidates running for seats on the board of trustees of the office of Hawaiian affairs be listed on the ballot in random order.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.