REPORT TITLE:
Hawaiian Homes Commission


DESCRIPTION:
Authorizes the election of the members of the Hawaiian homes
commission by Hawaiian voters and provides a salary for the
members.  Authorizes the Hawaiian homes commission to employ or
retain an attorney. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        235
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 1999                                S.D. 1
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE HAWAIIAN HOMES COMMISSION.



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

 1      SECTION 1.  The purpose of this Act is to authorize the
 
 2 election of the members of the Hawaiian homes commission by
 
 3 Hawaiian voters.
 
 4      SECTION 2.  Chapter 17, Hawaii Revised Statutes, is amended
 
 5 by adding a new section to be appropriately designated and to
 
 6 read as follows:
 
 7      "17-      Hawaiian homes commission; vacancies.  (a)
 
 8 Whenever any vacancy in the membership of the Hawaiian homes
 
 9 commission occurs, the term of which vacancy ends at the next
 
10 succeeding general election, the vacancy shall be filled by a
 
11 two-thirds vote of the remaining members of the commission.  If
 
12 the board fails to fill the vacancy within sixty days after it
 
13 occurs, the governor shall fill the vacancy within ninety days
 
14 after the vacancy occurs.  The person so appointed shall reside
 
15 in the area from which the vacancy occurred, and shall serve for
 
16 the duration of the unexpired term; provided that the residency
 
17 requirement shall not apply if the vacancy occurs for the
 
18 at-large seat on the commission.
 
19      (b)  In the case of a vacancy, the term of which does not
 

 
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 1 end at the next succeeding general election:
 
 2      (1)  If the vacancy occurs not later than on the sixtieth
 
 3           day prior to the next succeeding general election, the
 
 4           vacancy shall be filled for the unexpired term at the
 
 5           next succeeding special election held in conjunction
 
 6           with the general election.  The chief election officer
 
 7           shall issue a proclamation designating the election for
 
 8           filling the vacancy.  All candidates for the unexpired
 
 9           term shall file nomination papers not later than 4:30
 
10           p.m. on the fiftieth day prior to the special election
 
11           (but if such day is a Saturday, Sunday, or holiday then
 
12           not later than 4:30 p.m. on the first working day
 
13           immediately preceding) and shall be elected in
 
14           accordance with this title.  Pending the election, the
 
15           commission shall make a temporary appointment to fill
 
16           the vacancy in the manner prescribed under subsection
 
17           (a).  The person so appointed shall:
 
18           (A)  Reside in the area from which the vacancy
 
19                occurred; provided that the residency requirement
 
20                shall not apply if the vacancy occurs for the
 
21                at-large seat on the commission;
 
22           (B)  Serve for the duration of the unexpired term; and
 
23           (C)  Serve until the election of the person duly
 

 
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 1                elected to fill such vacancy; or
 
 2      (2)  If the vacancy occurs after the sixtieth day prior to
 
 3           the next succeeding general election, the commission or
 
 4           the governor shall make an appointment to fill the
 
 5           vacancy in the manner prescribed under subsection (a).
 
 6           The person so appointed shall reside in the area from
 
 7           which the vacancy occurred; provided that the residency
 
 8           requirement shall not apply if the vacancy occurs for
 
 9           the at-large seat on the commission, and shall serve
 
10           for the duration of the unexpired term.
 
11      (c)  This section shall apply only to vacancies which are
 
12 not filled by the method provided in section 202 of the Hawaiian
 
13 Homes Commission Act, 1920, as amended."
 
14      SECTION 3.  Section 11-15, Hawaii Revised Statutes, is
 
15 amended by amending subsection (b) to read as follows:
 
16      "(b)  Any person qualified to and desiring to register as a
 
17 voter for the election of members of the board of trustees of the
 
18 office of Hawaiian affairs or of members of the Hawaiian homes
 
19 commission shall make and subscribe to an application in the form
 
20 of an affidavit which shall state that the person is Hawaiian and
 
21 which shall contain the information required under subsection
 
22 (a).  The affidavit shall also apply to all elections, primary,
 
23 special primary, general, special general, special, or county,
 

 
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 1 held in the State, under all voting systems used within the
 
 2 State, so far as applicable and not inconsistent with this
 
 3 title."
 
 4      SECTION 4.  Section 11-25, Hawaii Revised Statutes, is
 
 5 amended by amending subsections (a) and (b) to read as follows:
 
 6      "(a)  Challenging prior to election day.  Any registered
 
 7 voter may challenge the right of a person to be or to remain
 
 8 registered as a voter in any precinct for any cause not
 
 9 previously decided by the board of registration or the supreme
 
10 court in respect to the same person; provided that in an election
 
11 of members of the board of trustees of the office of Hawaiian
 
12 affairs, the voter making the challenge [must] shall be
 
13 registered to vote in that election[.]; and provided further that
 
14 in an election of members of the Hawaiian homes commission, the
 
15 voter making the challenge shall be registered to vote in that
 
16 election.  The challenge shall be in writing, setting forth the
 
17 grounds upon which it is based, and be signed by the person
 
18 making the challenge.  The challenge shall be delivered to the
 
19 clerk who shall forthwith serve notice thereof on the person
 
20 challenged.  The clerk [shall], as soon as possible, shall
 
21 investigate and rule on the challenge.
 
22      (b)  Challenging on election day.  Any voter rightfully in
 
23 the polling place may challenge the right to vote of any person
 

 
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 1 who comes to the precinct officials for voting purposes.  The
 
 2 challenge shall be on the grounds that the voter is not the
 
 3 person the voter alleges to be, or that the voter is not entitled
 
 4 to vote in that precinct; provided that only in an election of
 
 5 members of the board of trustees of the office of Hawaiian
 
 6 affairs[,] or members of the Hawaiian homes commission, a person
 
 7 registered to vote in that election may also challenge on the
 
 8 grounds that the voter is not Hawaiian.  No other or further
 
 9 challenge shall be allowed.  Any person thus challenged shall
 
10 first be given the opportunity to make the relevant correction
 
11 pursuant to section 11-21.  The challenge shall be considered and
 
12 decided immediately by the precinct officials and the ruling
 
13 shall be announced."
 
14      SECTION 5.  Section 12-5, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "12-5 Nomination papers:  number of signers.(a)
 
17 Nomination papers for candidates for members of Congress,
 
18 governor, lieutenant governor, and the board of education shall
 
19 be signed by not less than twenty-five registered voters of the
 
20 State or of the Congressional district or school board district
 
21 from which the candidates are running in the case of candidates
 
22 for the United States House of Representatives or for the board
 
23 of education.
 

 
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 1      (b)  Nomination papers for candidates for either branch of
 
 2 the legislature and for county office shall be signed by not less
 
 3 than fifteen registered voters of the district or county or
 
 4 subdivision thereof for which the person nominated is a
 
 5 candidate.
 
 6      (c)  Nomination papers for candidates for members of the
 
 7 board of trustees of the office of Hawaiian affairs shall be
 
 8 signed by not less than twenty-five persons registered as
 
 9 prescribed under section 11-15(b).
 
10      (d)  No signatures shall be required on nomination papers
 
11 for candidates filing to run in a special primary or special
 
12 election to fill a vacancy.
 
13      (e)  Nomination papers for candidates for members of the
 
14 Hawaiian homes commission shall be signed by not less than
 
15 twenty-five persons registered as prescribed under section
 
16 202(e), Hawaiian Homes Commission Act of 1920, as amended."
 
17      SECTION 6.  Section 12-6, Hawaii Revised Statutes, is
 
18 amended by amending subsection (a) to read as follows:
 
19      "(a)  Nomination papers shall be filed as follows:  for
 
20 members of Congress, state, and county offices, the Hawaiian
 
21 homes commission, and the board of trustees of the office of
 
22 Hawaiian affairs, with the chief election officer, or clerk in
 
23 case of county offices, not later than 4:30 p.m. on the sixtieth
 

 
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 1 calendar day prior to the primary, special primary, or special
 
 2 election; provided that if such day is a Saturday, Sunday, or
 
 3 holiday then not later than 4:30 p.m. on the first working day
 
 4 immediately preceding.  A state candidate from the counties of
 
 5 Hawaii, Maui, and Kauai may file the declaration of candidacy
 
 6 with the respective clerk.  The clerk shall transmit to the
 
 7 office of the chief election officer the state candidate's
 
 8 declaration of candidacy without delay.  However, if a special
 
 9 primary or special election is to be held by a county and the
 
10 county charter requires that the council shall issue a
 
11 proclamation calling for the election to be held within a
 
12 specified period of time, and if that requirement would not allow
 
13 the filing of nomination papers with the appropriate office by
 
14 the sixtieth calendar day prior to the day for holding the
 
15 special primary or special election, the council shall establish
 
16 the deadline for the filing of nomination papers in the
 
17 proclamation calling for the election."
 
18      SECTION 7.  Section 26-17, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 
20      "26-17  Department of Hawaiian home lands.  The department
 
21 of Hawaiian home lands shall be headed by an executive board to
 
22 be known as the Hawaiian homes commission.
 
23      The commission shall be composed of nine members.  The
 

 
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 1 [appointment,] election, tenure, and removal of the members and
 
 2 the filling of vacancies on the commission shall be in accordance
 
 3 with [section 26-34 and section 202(a)] section 17-   and section
 
 4 202 of the Hawaiian Homes Commission Act of 1920, as amended.
 
 5 [The governor shall appoint the chairperson of the commission
 
 6 from among the members thereof.]
 
 7      The commission may delegate to the [chairperson] director of
 
 8 Hawaiian home lands such duties, powers, and authority, or so
 
 9 much thereof as may be lawful or proper, for the performance of
 
10 the functions vested in the commission.
 
11      The [chairperson of the board] director of Hawaiian home
 
12 lands shall serve in a [full time] full-time capacity and shall
 
13 perform such duties, and exercise such powers and authority, or
 
14 so much thereof as may be delegated to the [chairperson] director
 
15 of Hawaiian home lands by the board.
 
16      The department shall administer the Hawaiian Homes
 
17 Commission Act of 1920 as set forth in the Constitution of the
 
18 State and by law.
 
19      The functions and authority heretofore exercised by the
 
20 Hawaiian homes commission as heretofore constituted are
 
21 transferred to the department of Hawaiian home lands established
 
22 by this chapter."
 
23      SECTION 8.  Section 26-34, Hawaii Revised Statutes, is
 

 
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 1 amended by amending subsection (a) to read as follows:
 
 2      "(a)  The members of each board and commission established
 
 3 by law, except the Hawaiian homes commission, shall be nominated
 
 4 and, by and with the advice and consent of the senate, appointed
 
 5 by the governor.  Unless otherwise provided by this chapter or by
 
 6 law hereafter enacted, the terms of the members shall be for four
 
 7 years; provided that the governor may reduce the terms of those
 
 8 initially appointed so as to provide, as nearly as can be, for
 
 9 the expiration of an equal number of terms at intervals of one
 
10 year for each board and commission.  Unless otherwise provided by
 
11 law, each term shall commence on July 1 and expire on June 30,
 
12 except that the terms of the chairpersons of the board of
 
13 agriculture, and the board of land and natural resources[, and
 
14 the Hawaiian homes commissions] shall commence on January 1 and
 
15 expire on December 31.  No person shall be appointed
 
16 consecutively to more than two terms as a member of the same
 
17 board or commission; provided that membership on any board or
 
18 commission shall not exceed eight consecutive years."
 
19      SECTION 9.  Section 28-8.3, Hawaii Revised Statutes, is
 
20 amended by amending subsection (a) to read as follows:
 
21      "(a)  No department of the State other than the attorney
 
22 general may employ or retain any attorney, by contract or
 
23 otherwise, for the purpose of representing the State or the
 

 
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 1 department in any litigation, rendering legal counsel to the
 
 2 department, or drafting legal documents for the department;
 
 3 provided that the foregoing provision shall not apply to the
 
 4 employment or retention of attorneys:
 
 5      (1)  By the public utilities commission, the labor and
 
 6           industrial relations appeals board, and the Hawaii
 
 7           labor relations board;
 
 8      (2)  By any court or judicial or legislative office of the
 
 9           State;
 
10      (3)  By the legislative reference bureau;
 
11      (4)  By any compilation commission that may be constituted
 
12           from time to time;
 
13      (5)  By the real estate commission for any action involving
 
14           the real estate recovery fund;
 
15      (6)  By the contractors license board for any action
 
16           involving the contractors recovery fund;
 
17      (7)  By the trustees for any action involving the travel
 
18           agency recovery fund;
 
19      (8)  By the office of Hawaiian affairs;
 
20      (9)  By the department of commerce and consumer affairs for
 
21           the enforcement of violations of chapters 480 and 485;
 
22     (10)  As grand jury counsel;
 
23     (11)  By the Hawaiian home lands trust individual claims
 

 
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 1           review panel;
 
 2     (12)  By the Hawaii health systems corporation or any of its
 
 3           facilities;
 
 4     (13)  By the auditor;
 
 5     (14)  By the office of ombudsman;
 
 6     (15)  By the Hawaiian homes commission;
 
 7    [(15)] (16)  By the insurance division;
 
 8    [(16)] (17)  By the University of Hawaii; or
 
 9    [(17)] (18)  By a department, in the event the attorney
 
10           general, for reasons deemed by the attorney general
 
11           good and sufficient, declines[,] to employ or retain an
 
12           attorney for a department; provided that the governor
 
13           thereupon waives the provision of this section."
 
14      SECTION 10.  Section 202, Hawaiian Homes Commission Act,
 
15 1920, as amended, is amended to read as follows:
 
16      "202.  Department officers, staff, commission, members,
 
17 compensation.(a)  There shall be a department of Hawaiian home
 
18 lands which shall be headed by an executive board to be known as
 
19 the Hawaiian homes commission.  The members of the commission
 
20 shall be [nominated and appointed in accordance with section
 
21 26-34,] elected in accordance with this Act and chapters 11, 12,
 
22 15, 16, 17, and 19, Hawaii Revised Statutes.  The commission
 
23 shall be composed of nine members, as follows:  [three shall be
 

 
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 1 residents of the city and county of Honolulu; two shall be
 
 2 residents of the county of Hawaii one of whom shall be a resident
 
 3 of east Hawaii and the other a resident of west Hawaii; two shall
 
 4 be residents of the county of Maui one of whom shall be a
 
 5 resident from the island of Molokai; one shall be a resident of
 
 6 the county of Kauai; and the ninth member shall be the chairman
 
 7 of the Hawaiian homes commission.  All members shall have been
 
 8 residents of the State at least three years prior to their
 
 9 appointment and at least four of the members shall be descendants
 
10 of not less than one-fourth part of the blood of the races
 
11 inhabiting the Hawaiian islands previous to 1778.]
 
12      (1)  Voters on the island of Oahu shall elect       members,
 
13           all of whom shall be residents and registered voters on
 
14           the island of Oahu;
 
15      (2)  Voters on the island of Hawaii shall elect      
 
16           members who shall be residents and registered voters on
 
17           the island of Hawaii;
 
18      (3)  Voters on the island of Maui shall elect       members
 
19           who shall be residents and registered voters on the
 
20           island of Maui;
 
21      (4)  Voters on the islands of Lanai and Molokai shall elect
 
22                 members who shall be residents and registered
 
23           voters on the island of Lanai or Molokai;
 

 
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 1      (5)  Voters on the islands of Kauai and Niihau shall elect
 
 2                 members who shall be residents and registered
 
 3           voters on the island of Kauai or Niihau; and
 
 4      (6)  Voters statewide and qualified nonresident voters shall
 
 5           elect       at-large members.
 
 6 The members of the commission shall [serve without pay, but shall
 
 7 receive actual expenses incurred by them in the discharge of
 
 8 their duties as such members.] receive salaries, benefits, and
 
 9 expenses in the same amount and manner as is provided by law for
 
10 members of the board of trustees of the office of Hawaiian
 
11 affairs.  The [governor shall appoint the chairman] at-large
 
12 commissioner shall be the chairperson of the commission [from
 
13 among the members thereof].  The commission shall appoint the
 
14 director of the department.  The director's employment status,
 
15 compensation, and benefits shall be the same as department heads
 
16 of state agencies specified in chapter 26, Hawaii Revised
 
17 Statutes, with the exception of the University of Hawaii and the
 
18 department of education.
 
19      The commission may delegate to the [chairman] director such
 
20 duties, powers, and authority or so much thereof, as may be
 
21 lawful or proper for the performance of the functions vested in
 
22 the commission.  The [chairman of the commission] director shall
 
23 serve in a full-time capacity[.  He shall, in such capacity,] and
 

 
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 1 shall perform such duties, and exercise such powers and
 
 2 authority, or so much thereof, as may be delegated to [him] the
 
 3 director by the commission [as herein provided above].
 
 4      (b)  The provisions of section 76-16, Hawaii Revised
 
 5 Statutes, shall apply to the positions of first deputy and
 
 6 private secretary to the [chairman of the commission.] director.
 
 7 The department may hire temporary staff on a contractual basis
 
 8 not subject to chapters 76, 77, and 78, Hawaii Revised Statutes,
 
 9 when the services to be performed will assist in carrying out the
 
10 purposes of the Act.  These positions may be funded through
 
11 appropriations for capital improvement program projects and by
 
12 the administration account, operating fund, or native Hawaiian
 
13 rehabilitation fund.  No contract shall be for a period longer
 
14 than two years, but individuals hired under contract may be
 
15 employed for a maximum of six years; provided that the six-year
 
16 limitation shall not apply if the department, with the approval
 
17 of the [governor,] commission, determines that such contract
 
18 individuals are needed to provide critical services for the
 
19 efficient functioning of the department.  All other positions in
 
20 the department shall be subject to chapters 76 and 77, Hawaii
 
21 Revised Statutes.
 
22      All vacancies and new positions which are covered by
 
23 chapters 76 and 77, Hawaii Revised Statutes, shall be filled in
 

 
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 1 accordance with sections 76-23 and 76-31, Hawaii Revised
 
 2 Statutes[,]; provided that the provisions of these sections shall
 
 3 be applicable first to qualified persons of Hawaiian extraction.
 
 4      (c)  No person shall be eligible for election to the
 
 5 commission unless the person meets the following qualifications:
 
 6      (1)  For any seat representing a specific geographic area on
 
 7           the commission, the person:
 
 8           (A)  Is a "native Hawaiian" as defined in section 201
 
 9                of the Hawaiian Homes Commission Act of 1920, as
 
10                amended, or a successor to a lessee as defined in
 
11                section 209(a) of the Hawaiian Homes Commission
 
12                Act of 1920, as amended;
 
13           (B)  Has attained the age of eighteen years or is
 
14                seventeen years of age and will have attained the
 
15                age of eighteen by the date of the next election
 
16                of commission members; and
 
17           (C)  Is a resident of that geographic area and is
 
18                otherwise qualified to register to vote in the
 
19                State; or
 
20      (2)  For an at-large seat, the person:
 
21           (A)  Is a "native Hawaiian" as defined in section 201
 
22                of the Hawaiian Homes Commission Act of 1920, as
 
23                amended, or a successor to a lessee as defined in
 

 
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 1                section 209(a) of the Hawaiian Homes Commission
 
 2                Act of 1920, as amended;
 
 3           (B)  Has attained the age of eighteen years or is
 
 4                seventeen years of age and will have attained the
 
 5                age of eighteen by the date of the next election
 
 6                of commission members; and
 
 7           (C)  Is a resident of the State of Hawaii, any other
 
 8                state of the United States of America, or
 
 9                Washington, D.C., and otherwise qualified to
 
10                register to vote in the person's place of
 
11                residence.
 
12      No member of the commission shall hold or be a candidate for
 
13 any other public office under the state or county governments in
 
14 accordance with article II, section 7, of the Constitution of the
 
15 State of Hawaii; nor shall a person be eligible for election to
 
16 the commission if that person is also a candidate for any other
 
17 public office under the state or county governments.
 
18      For the purposes of this subsection, the term "public
 
19 office" shall not include notaries public, reserve police
 
20 officers, or officers of emergency organizations for civilian
 
21 defense or disaster, or disaster relief.
 
22      (d)  Members of the commission shall be elected at the
 
23 general election in every even-numbered year.
 

 
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 1      Each candidate shall make and subscribe to an application in
 
 2 the form of an affidavit verifying the candidate's qualifications
 
 3 and shall file the affidavit with the chief election officer.
 
 4      The chief election officer shall prepare the nomination
 
 5 papers in such a manner that a candidate desiring to file for
 
 6 election to the commission shall be able to indicate that the
 
 7 candidate intends to represent the at-large constituency or
 
 8 identify the area in which the candidate resides and seeks to
 
 9 represent.
 
10      The ballot shall be prepared in such a manner that voters
 
11 qualified and registered under the Hawaiian Homes Commission Act
 
12 of 1920, as amended, shall be afforded the opportunity to cast
 
13 ballots for the at-large candidates and candidates seeking
 
14 election to the seats representing the area in which the voter
 
15 resides.  The ballot shall contain the names of the candidates
 
16 arranged alphabetically.  Each eligible voter shall be entitled
 
17 to receive the commission ballot and to vote for the number of
 
18 seats available in the area in which the voter resides and for
 
19 the at-large seats.
 
20      (e)  No person shall be eligible to register as a voter for
 
21 the election of commission members unless the person meets the
 
22 following qualifications:
 
23      (1)  For an election for any seat representing a specific
 

 
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 1           geographic area on the commission, the person:
 
 2           (A)  Is a "native Hawaiian" as defined in section 201
 
 3                of the Hawaiian Homes Commission Act of 1920, as
 
 4                amended, or a successor to a lessee as defined in
 
 5                section 209(a) of the Hawaiian Homes Commission
 
 6                Act of 1920, as amended;
 
 7           (B)  Has attained the age of eighteen years or is
 
 8                seventeen years of age and will have attained the
 
 9                age of eighteen by the date of the next election
 
10                of commission members; and
 
11           (C)  Is a resident of that geographic area and is
 
12                otherwise qualified to register to vote in the
 
13                State; or
 
14      (2)  For an at-large seat, the person:
 
15           (A)  Is a "native Hawaiian" as defined in section 201
 
16                of the Hawaiian Homes Commission Act of 1920, as
 
17                amended, or a successor to a lessee as defined in
 
18                section 209(a) of the Hawaiian Homes Commission
 
19                Act of 1920, as amended;
 
20           (B)  Has attained the age of eighteen years or is
 
21                seventeen years of age and will have attained the
 
22                age of eighteen by the date of the next election
 
23                of commission members; and
 

 
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 1           (C)  Is a resident of the State of Hawaii, any other
 
 2                state of the United States of America, or
 
 3                Washington, D.C., and otherwise qualified to
 
 4                register to vote in the person's place of
 
 5                residence.
 
 6      The clerk of each county shall register all persons in the
 
 7 county who are eligible and wish to register as voters for the
 
 8 election of commission members.  The register may be maintained
 
 9 in conjunction with the general county register; provided that
 
10 the clerk shall be able to prepare a separate list of voters for
 
11 the election of commission members, capable of segregation by
 
12 precinct and representative district.  The maintenance,
 
13 reproduction, and transmittal of records and affidavits to a
 
14 central file may be in accordance with section 11-14, Hawaii
 
15 Revised Statutes.
 
16      (f)  The term of office of members of the commission shall
 
17 be four years beginning on the day of the general election at
 
18 which they are elected and ending on the day of the second
 
19 general election after their election; except that the term of
 
20 office of commission members elected in 2002 shall be as follows:
 
21      (1)  The four members elected with the highest number of
 
22           votes, not to exceed two members from Oahu, shall serve
 
23           four years; and
 

 
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 1      (2)  The remaining members elected shall serve two years.
 
 2 Members of the commission may be re-elected without restriction
 
 3 as to the number of terms.
 
 4      The department of Hawaiian home lands shall be the
 
 5 responsible agency for verifying all qualifications imposed on
 
 6 candidates and voters for an election of commission members and,
 
 7 pursuant to chapter 91, Hawaii Revised Statutes, shall adopt
 
 8 rules relating to qualification requirements imposed by this
 
 9 section and sections 11-15, 11-25, and 12-5, Hawaii Revised
 
10 Statutes."
 
11      SECTION 11.  Section 213, Hawaiian Homes Commission Act,
 
12 1920, as amended, is amended by amending subsection (f) to read
 
13 as follows:
 
14      "(f)  Hawaiian home administration account.  The entire
 
15 receipts derived from any leasing or other disposition of the
 
16 available lands pursuant to section [204(a)(2)] and transfers
 
17 from the Hawaiian home receipts fund shall be deposited into this
 
18 account.  Any interest or other earnings arising out of
 
19 investments from this fund shall be credited to and deposited
 
20 into this fund.  The moneys in this account shall be expended by
 
21 the department for salaries, including the salaries and benefits
 
22 of elected commissioners, and other administration expenses of
 
23 the department in conformity with general law applicable to all
 

 
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 1 departments of the State, and no sums shall be expended for
 
 2 structures and other permanent improvements.  The moneys in the
 
 3 account may also be used to defray expenses incurred by the
 
 4 department, State, or counties from the election of
 
 5 commissioners.  This account shall be subject to the following
 
 6 conditions and requirements:
 
 7      (1)  The department, when required by the governor but not
 
 8           later than November 15 preceding each regular session
 
 9           of the legislature, shall submit to the state director
 
10           of finance its budget estimates of expenditures for the
 
11           next fiscal period in the manner required by general
 
12           law;
 
13      (2)  The department's budget as approved by the governor
 
14           shall be included in the governor's budget report and
 
15           shall be transmitted to the legislature for its
 
16           approval;
 
17      (3)  Upon legislative approval of a budget, the amount
 
18           appropriated shall be made available to the department.
 
19           If no budget is approved by the legislature prior to
 
20           its adjournment, sums accruing to this account shall
 
21           not be expended for any other purpose but shall remain
 
22           available for future use.  Any amount in this account
 
23           which is in excess of the amount approved by the
 

 
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 1           legislature or made available for the fiscal period may
 
 2           be transferred to the Hawaiian home operating fund."
 
 3      SECTION 12.  The terms of the appointed members of the
 
 4 Hawaiian homes commission shall expire on the day of the 2002
 
 5 general election at which the inaugural members of the commission
 
 6 will be elected.
 
 7      SECTION 13.  As a part of its mandated responsibilities, the
 
 8 reapportionment commission that will be constituted in 2001
 
 9 pursuant to article IV, section 1, of the Constitution of the
 
10 State of Hawaii, shall review the Hawaiian homes commission
 
11 representation provided under section 10 of this Act and shall
 
12 make representation recommendations based on the 2000 census of
 
13 residents of the State of Hawaii who are qualified to vote in the
 
14 special election established pursuant to this Act.  The 2001
 
15 reapportionment commission shall submit its findings,
 
16 recommendations, and implementing draft legislation not later
 
17 than twenty days prior to the convening of the 2002 regular
 
18 session.
 
19      SECTION 14.  The amendments made by this Act to the Hawaiian
 
20 Homes Commission Act, 1920, as amended, are declared to be
 
21 severable and, if any section, sentence, clause, or phrase, or
 
22 the application thereof to any person or circumstance is held
 
23 ineffective because there is a requirement of having the consent
 

 
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                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 of the United States to take effect, then that portion shall take
 
 2 effect only upon the granting of consent by the United States,
 
 3 and the effectiveness of the remainder of these amendments of the
 
 4 application thereof shall not be affected.
 
 5      SECTION 15.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 16.  This Act shall take effect upon its approval.