STAND. COM. REP. NO. 2366

Honolulu, Hawaii

RE: S.B. No. 3254

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 3254 entitled:

"A BILL FOR AN ACT PROPOSING AMENDMENTS TO ARTICLE IV, SECTIONS 4 AND 6, OF THE HAWAII STATE CONSTITUTION REGARDING REAPPORTIONMENT,"

begs leave to report as follows:

The purpose and intent of this measure is to propose a constitutional amendment to specify that reapportionment shall be based on the resident population, as counted in the most recent decennial United States Census.

Your Committee received testimony in support of this measure from Common Cause Hawaii and four individuals. Your Committee received testimony in opposition to this measure from nine individuals. Your Committee received comments on this measure from the Department of the Attorney General and Office of Elections.

Your Committee finds that the Hawaii State Constitution is unique in its determination of resident population for reapportionment purposes. Reapportionment is the process of re-distributing seats for elected officials so that the seats are relatively evenly distributed based on the resident population. Since being ratified by voters in November 1992, sections 4 and 6, of the Hawaii State Constitution, have required that reapportionment for state senators and representatives be based on the average number of "permanent residents" in each district. Any resident not deemed permanent, even if included in the decennial United States census, counts as a "usual resident" of the State, is extracted, or deleted, from the total used by the State Reapportionment Commission, and therefore not factored into the allocation of state senate and house districts. This measure will ensure that all individuals that are extracted but live in a specific area are counted for representation purposes for that district.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3254 and recommends that it pass Second Reading and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair