SB1350 SD1

SECTION 1. The legislature finds that in February 2021, the United States Census Bureau announced that it will likely delay delivery of the 2020 census results to the fifty states by as much as six months or more. This will significantly delay the reapportionment of federal, state, and county districts for elective office and make it harder for prospective candidates of all parties to run for office and ensure voters' proper representation in 2022. The legislature further finds that after experiencing delays in preparing the reapportionment plan following the 2010 census, the State of Hawaii 2011 reapportionment commission final report and reapportionment plan made recommendations to improve the reapportionment process for the future. These recommendations include:

(1) That the legislature initiate changes in law to clarify the term "permanent residents" for reapportionment;

(2) That future reapportionment commissions obtain private outside counsel to be funded by the legislature;

(3) That the legislature initiate changes in law to clarify whether a state senate election held to fill a vacancy created when an incumbent resigns is a "regular election" for the purpose of computing senate staggered terms; and

(4) That the legislature and chief election officer consider methods to streamline public notice of the proposed and final plans to utilize advances in technology for viewing plans online and at public offices around the State in conjunction with publication of notice.

The legislature also finds that to best address the unprecedented delays at the United States Census Bureau, to ensure adequate time for candidates to run for office, and ensure voters' proper representation, it is in the public interest to implement the most important recommendations made in the 2011 reapportionment commission final report.

Accordingly, the purpose of this Act is to:

(1) Temporarily amend the start date for the availability of nomination papers for the 2022 primary election;

(2) Define "permanent resident" for reapportionment purposes;

(3) Permit public notice in a short form for proposed, revised, and final reapportionment plans, maps, and relevant documents, subject to specific requirements; and

(4) Appropriate funds for the reapportionment commission to allow it to retain outside legal counsel.

SECTION 2. Section 1-28.5, Hawaii Revised Statutes, is amended to read as follows:

"§1-28.5 Publication of notice. (a) Notwithstanding any other statute, law, charter provision, ordinance, or rule to the contrary, whenever a government agency is required to give public notice or to publish notice, the notice shall be given only as follows:

(1) For statewide publication:

(A) In a daily or weekly publication of statewide circulation; or

(B) By publication in separate daily or weekly publications whose combined circulation is statewide; and

(2) For county-wide publication, by publication in a daily or weekly publication in the affected county.

Additional supplemental notice may also be given through Hawaii FYI, the State's interactive computer system.

(b) For purposes of this section, the comptroller pursuant to chapter 103D shall determine a publication for all government agencies to enable the public to go to one source of publication for published public notice on each island.

(c) Whenever a public notice is published in a newspaper or other publication described in subsection (a), proof of the publication shall be the affidavit of the printer, publisher, principal clerk, or business manager of the newspaper or other publication or of the designated agent of the group that published the notice.

(d) This section shall not apply to notices required by chapters 103D, 103F, 127A, and 523A.

(e) For purposes of publishing a proposed, revised, or final reapportionment plan pursuant to section 25-2, public notice is permitted in a short form; provided that each short form public notice shall include the following information:

(1) Whether the plan has been either proposed or adopted;

(2) The online location to view the plan, maps, and other relevant information;

(3) A list of the location of each public office where the hard copies of the reapportionment plan, maps, and other relevant documents are available; and

(4) The public hearing dates and other necessary information.

[~~(e)~~] (f) For purposes of this section, "government agency" means each department, board, commission, or officer of the State or any of its political subdivisions."

SECTION 3. Section 12-2.5, Hawaii Revised Statutes, is amended to read as follows:

"§12-2.5 Nomination papers; when available. Nomination papers shall be made available from the first working day of [~~February~~] in every even-numbered year; provided that in the case of a special primary or special election, nomination papers shall be made available at least ten days prior to the close of filing."

SECTION 4. Section 25-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(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. For purposes of legislative reapportionment, in determining the permanent resident population, a "permanent resident" is as defined by the United States Census Bureau. 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 subject to section 1-28.5(e) 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."

SECTION 5. Section 28-8.3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) No department of the State other than the attorney general may employ or retain any attorney, by contract or otherwise, for the purpose of representing the State or the department in any litigation, rendering legal counsel to the department, or drafting legal documents for the department; provided that the foregoing provision shall not apply to the employment or retention of attorneys:

(1) By the public utilities commission, the labor and industrial relations appeals board, and the Hawaii labor relations board;

(2) By any court or judicial or legislative office of the State; provided that if the attorney general is requested to provide representation to a court or judicial office by the chief justice or the chief justice's designee, or to a legislative office by the speaker of the house of representatives and the president of the senate jointly, and the attorney general declines to provide such representation on the grounds of conflict of interest, the attorney general shall retain an attorney for the court, judicial, or legislative office, subject to approval by the court, judicial, or legislative office;

(3) By the legislative reference bureau;

(4) By any compilation commission that may be constituted from time to time;

(5) By the real estate commission for any action involving the real estate recovery fund;

(6) By the contractors license board for any action involving the contractors recovery fund;

(7) By the office of Hawaiian affairs;

(8) By the department of commerce and consumer affairs for the enforcement of violations of chapters 480 and 485A;

(9) As grand jury counsel;

(10) By the Hawaii health systems corporation, or its regional system boards, or any of their facilities;

(11) By the auditor;

(12) By the office of ombudsman;

(13) By the insurance division;

(14) By the University of Hawaii;

(15) By the Kahoolawe island reserve commission;

(16) By the division of consumer advocacy;

(17) By the office of elections;

(18) By the campaign spending commission;

(19) By the reapportionment commission;

[~~(19)~~] (20) By the Hawaii tourism authority, as provided in section 201B-2.5;

[~~(20)~~] (21) By the division of financial institutions;

[~~(21)~~] (22) By the office of information practices; or

[~~(22)~~] (23) By a department, if the attorney general, for reasons deemed by the attorney general to be good and sufficient, declines to employ or retain an attorney for a department; provided that the governor waives the provision of this section."

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2021-2022 for the reapportionment commission to support its expenses, including the retention of outside legal counsel.

The sum appropriated shall be expended by the office of elections for the purposes of this Act.

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, 2021; provided that section 3 of this measure shall be repealed on November 9, 2022.

THE SENATE	S.B. NO.	1350
THIRTY-FIRST LEGISLATURE, 2021		S.D. 1
STATE OF HAWAII