SB246

SECTION 1. Hawaiian Homes Commission Act, 1920, as amended, is amended by adding five new sections to be appropriately designated and to read as follows:

"§A. Qualifications of commission members. (a) No person shall be eligible for election to the commission unless the person:

(1) Is a beneficiary under this Act;

(2) Will be a resident of the State for at least three years by the date of the person's election to the commission;

(3) Has attained the age of eighteen years or will have attained that age within one year of the date of the next election of commission members; and

(4) Is otherwise qualified to register to vote in the State.

(b) No member of the commission shall hold or be a candidate for any other public office under the state or county governments in accordance with article II, section 7, of the Constitution of the State of Hawaii; nor shall a person be eligible for election to the commission if that person is also a candidate for any other public office under the state or county governments. For the purposes of this subsection, the term "public office" shall not include notaries public, reserve police officers, or officers of emergency organizations for civilian defense or disaster, or disaster relief.

§B. Qualifications of the director of Hawaiian home lands. (a) No person shall be eligible for election to office of director of Hawaiian home lands unless the person:

(1) Meets all qualifications for the office as established by state law;

(2) Will be a resident of the State for at least three years by the date of the person's election to the commission; and

(3) Is otherwise qualified to register to vote in the State.

(b) No director of Hawaiian home lands shall hold or be a candidate for any other public office under the state or county governments in accordance with article II, section 7, of the Constitution of the State of Hawaii; nor shall a person be eligible for election to the office of director of Hawaiian home lands if that person is also a candidate for any other public office under the state or county governments. For the purposes of this subsection, the term "public office" shall not include notaries public, reserve police officers, or officers of emergency organizations for civilian defense or disaster, or disaster relief.

§C. Election of commission members; director. (a) Members of the commission and the director of Hawaiian home lands shall be elected at a special election held in conjunction with the general election in every even-numbered year.

(b) Any person intending to register as a candidate for the election as a commission member or director of Hawaiian home lands shall submit to an examination under oath by the clerk of the county in which the person resides relating to the person's qualifications. In addition, each candidate shall make and subscribe to an application in the form of an affidavit verifying the candidate's qualifications.

(c) The chief election officer shall prepare the nomination papers in a manner that enables a candidate desiring to file for election to the commission to specify that the candidate is seeking a seat requiring residency in a particular location.

(d) The ballot for the election of commission members shall be prepared in a manner that provides to each voter qualified and registered under this Act the opportunity to cast ballots for the commission candidate or candidates seeking election to the commission seat or seats representing the county in which the voter resides. Each ballot shall contain the names of the candidates arranged alphabetically. Each eligible voter shall be entitled to:

(1) Receive the commission ballot and to vote for the number of seats available in the county in which the voter resides; and

(2) Receive the director of Hawaiian home lands ballot and vote for one candidate for that office.

(e) The cost of the election of commission members and director of Hawaiian home lands shall be borne by the department of Hawaiian home lands using the Hawaiian home lands trust fund.

§D. Qualification of voters; registration. No person shall be eligible to register as a voter for the election of commission members or the director of Hawaiian home lands unless the person is qualified to register to vote in the State under applicable law.

§E. Commissioners; directors; terms of office; vacancies. (a) The term of office of members of the commission and director of Hawaiian home lands shall be two years, beginning on the day of the special election held in conjunction with the general election of the year in which they are elected and ending on the day of the special election held in conjunction with the following general election.

(b) No person may serve as a member of the commission for more than two terms, or four total years in the case of nonconsecutive terms.

(d) Any vacancy that may occur through any cause other than the expiration of the term of office shall be filled in accordance with applicable state law."

SECTION 2. 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.~~] elected in accordance with this Act and applicable state law. The commission shall be composed of nine members[,] elected pursuant to section C of this Act, as follows: [three shall be residents of the city and county of Honolulu; 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 shall be residents of the county of Maui one of whom shall be a resident from the island of Molokai; one shall be a resident of the county of Kauai; and the ninth member shall be the chairman of the Hawaiian homes commission. 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.]

(1) Three shall reside, and be registered to vote, in the City and County of Honolulu;

(2) Two shall reside, and be registered to vote, in the County of Hawaii; provided that one member shall reside in east Hawaii and the other member shall reside in west Hawaii;

(3) Three shall reside, and be registered to vote, in the county of Maui; provided that two members shall reside on the island of Maui and the other member shall reside on the island of Molokai or on the island of Lanai; and

(4) One shall reside, and be registered to vote, in the county of Kauai.

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~~] members of the commission shall [~~appoint~~] elect the [~~chairman~~] chairperson of the commission from among [~~the~~] its members [~~thereof~~].

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

There shall be a director of Hawaiian home lands elected in accordance with this Act and applicable state law. The duties of the director shall be determined by state law. The director shall serve without pay, but shall be compensated for actual expenses incurred in the discharge of official duties.

(b) The provisions of section 76-16, Hawaii Revised Statutes, shall apply to the positions of first deputy and private secretary to the [~~chairman of the commission.~~] director of Hawaiian Home lands. 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."

SECTION 3. Chapter 17, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§17- Hawaiian homes commission; director of Hawaiian home lands; vacancies. Whenever any vacancy in the membership of the Hawaiian homes commission or the office of director of Hawaiian home lands occurs, the vacancy shall be filled for the unexpired term at the next succeeding special election held in conjunction with the general election. The chief election officer shall issue a proclamation designating the election for filling the vacancy. All candidates for the unexpired term shall file nomination papers not later than 4:30 p.m. on the fiftieth day before the special election (but if that day is a Saturday, Sunday, or holiday then not later than 4:30 p.m. on the first working day immediately preceding) and shall be elected in accordance with the Hawaiian Homes Commission Act of 1920, as amended, and this title. If the vacancy is for a commission seat, the person appointed shall reside on the same island on which the appointed person's predecessor resided immediately before the vacancy occurred. The person appointed shall serve for the duration of the unexpired term, and shall serve until the election of the person duly elected to fill the vacancy."

SECTION 4. Section 12-5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Nomination papers for candidates for members of the board of trustees of the office of Hawaiian affairs, members of the Hawaiian homes commission, and director of Hawaiian home lands shall be signed by not less than twenty-five persons registered to vote."

SECTION 5. Section 12-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) For members of Congress, state offices, county offices, the Hawaiian homes commission, the director of Hawaiian home lands, and the board of trustees for the office of Hawaiian affairs, nomination papers shall be filed with the chief election officer, or clerk in case of county offices, not later than 4:30 p.m. on the first Tuesday in June. However, in the event of a special primary or special election, the filing deadline shall be determined in the proclamation that is issued calling for the election as provided for by state law or county charter. A state candidate from the counties of Hawaii, Maui, and Kauai may file the declaration of candidacy with the respective clerk. The clerk shall transmit to the office of the chief election officer the state candidate's declaration of candidacy without delay."

SECTION 6. Section 26-17, Hawaii Revised Statutes, is amended to read as follows:

"§26-17 Department of Hawaiian home lands. (a) 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 [~~appointment,~~] election, tenure, and removal of the members and the filling of vacancies on the commission shall be in accordance with section [~~26-34~~] 17- and section [~~202(a)~~] C of the Hawaiian Homes Commission Act of 1920, as amended. The [~~governor~~] members shall appoint the chairperson of the commission from among [~~the~~] its members [~~thereof~~].

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 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.] chairperson of the commission shall be responsible for conducting the meetings of the commission.

(b) There shall be a director of Hawaiian home lands. The director shall have oversight over the administration of the department, and shall perform other duties as required by the commission and applicable law.

The election and tenure of the director and the filling of a vacancy in the office of director of Hawaiian home lands shall be in accordance with section 17- and section C of the Hawaiian Homes Commission Act of 1920, as amended.

(c) The department shall administer the Hawaiian Homes Commission Act of 1920 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 7. 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, except the Hawaiian homes commission, 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, 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."

SECTION 8. The terms of the appointed members of the Hawaiian homes commission, including the chairperson, shall expire on the day of the first special election to elect members of the commission that occurs after congressional approval of this Act.

SECTION 9. 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 10. In codifying the new sections added by section 1 and referenced in sections 3 and 6 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 12. This Act shall take effect upon its approval by the governor of the State of Hawaii with the consent of the United States Congress.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	246
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII