REPORT TITLE:
Hawaiian Homes Commission



DESCRIPTION:
Authorizes the election of the members of the Hawaiian homes
commission by Hawaiian voters.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        952
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
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.  The Hawaiian Homes Commission Act, 1920, is
 
 5 amended by adding four new sections to be appropriately
 
 6 designated and to read as follows:
 
 7      "    A.  Qualifications of commission members.  (a)  No
 
 8 person shall be eligible for election to the commission unless
 
 9 the person meets the following qualifications:
 
10      (1)  The person is:
 
11           (A)  A "native Hawaiian" as defined in section 201(7)
 
12                of this Act;
 
13           (B)  A successor to a lessee as defined in section
 
14                209(a) of this Act; or
 
15           (C)  (i)  A descendant of the aboriginal peoples
 
16                     inhabiting the Hawaiian islands previous to
 
17                     1778, that exercised sovereignty and
 
18                     subsisted at that time and thereafter
 
19                     continued to reside in Hawaii; and
 

 
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 1               (ii)  Maintains the person's residence on "Hawaiian
 
 2                     home lands" as defined in section 201(5) of
 
 3                     this Act; and
 
 4      (2)  The person has attained the age of eighteen years or
 
 5           will have attained such age within one year of the date
 
 6           of the next election of commission members; and
 
 7      (3)  The person is otherwise qualified to register to vote
 
 8           in the State.
 
 9      (b)  No member of the commission shall hold or be a
 
10 candidate for any other public office under the state or county
 
11 governments in accordance with article II, section 7, of the
 
12 Constitution of the State of Hawaii; nor shall a person be
 
13 eligible for election to the commission if that person is also a
 
14 candidate for any other public office under the state or county
 
15 governments.  For the purposes of this section, the term "public
 
16 office" shall not include notaries public, reserve police
 
17 officers, or officers of emergency organizations for civilian
 
18 defense or disaster, or disaster relief.
 
19          B.  Election of commission members.  (a)  Members of
 
20 the commission shall be elected at a special election held in
 
21 conjunction with the general election in every even-numbered
 
22 year.
 
23      (b)  Any person wishing to register as a candidate for the
 

 
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 1 election as a commission member shall submit to an examination
 
 2 under oath by the clerk of the county as to the person's
 
 3 qualifications.  In addition, each candidate shall make and
 
 4 subscribe to an application in the form of an affidavit verifying
 
 5 the candidate's qualifications.
 
 6      (c)  The chief election officer shall prepare the nomination
 
 7 papers in such a manner that a candidate desiring to file for
 
 8 election to the commission shall be able to specify that the
 
 9 candidate is seeking a seat requiring residency on a particular
 
10 island.
 
11      (d)  The ballot shall be prepared in such a manner that
 
12 voters qualified and registered under this Act shall be afforded
 
13 the opportunity to cast ballots for the candidates seeking
 
14 election to the seats representing the island on 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 on the island on which the voter resides.
 
19      (e)  The cost of the election of commission members shall be
 
20 borne by the department of Hawaiian home lands.
 
21          C.  Qualification of voters; registration.  (a)  No
 
22 person shall be eligible to register as a voter for the election
 
23 of commission members unless the person meets the following
 

 
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 1 qualifications:
 
 2      (1)  The person is:
 
 3           (A)  A "native Hawaiian" as defined in section 201(7)
 
 4                of this Act;
 
 5           (B)  A successor to a lessee as defined in section
 
 6                209(a) of this Act; or
 
 7           (C)  (i)  A descendant of the aboriginal peoples
 
 8                     inhabiting the Hawaiian islands previous to
 
 9                     1778, that exercised sovereignty and
 
10                     subsisted at that time and thereafter
 
11                     continued to reside in Hawaii; and
 
12               (ii)  Maintains the person's residence on "Hawaiian
 
13                     home lands" as defined in section 201(5) of
 
14                     this Act;
 
15      (2)  The person has attained the age of eighteen years or
 
16           will have attained such age within one year of the date
 
17           of the next election of commission members; and
 
18      (3)  The person is otherwise qualified to register to vote
 
19           in the State.
 
20      (b)  The clerk of each county shall register all persons in
 
21 the county who are eligible and wish to register as voters for
 
22 the election of commission members.  The register may be
 
23 maintained in conjunction with the general county register;
 

 
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 1 provided that the clerk shall be able to prepare a separate list
 
 2 of voters for the election of commission members, capable of
 
 3 segregation by precinct and representative district.  The
 
 4 maintenance, reproduction, and transmittal of records and
 
 5 affidavits to a central file may be in accordance with section
 
 6 11-14, Hawaii Revised Statutes.
 
 7          D.  Term of office; vacancies.  (a)  The term of office
 
 8 of members of the commission shall be four years beginning on the
 
 9 day of the special election held in conjunction with the general
 
10 election of the year in which they are elected and ending on the
 
11 day of the special election held in conjunction with the second
 
12 general election after their election; except that the term of
 
13 office of commission members elected in 2000 shall be as follows:
 
14      (1)  The four members elected with the highest number of
 
15           votes shall serve four years; and
 
16      (2)  The remaining members elected shall serve two years.
 
17 Members of the commission may be re-elected without restriction
 
18 as to the number of terms.
 
19      (b)  Any vacancy that may occur through any cause other than
 
20 the expiration of the term of office shall be filled in
 
21 accordance with section 17-   , Hawaii Revised Statutes."
 
22      SECTION 3.  Chapter 17, Hawaii Revised Statutes, is amended
 
23 by adding a new section to be appropriately designated and to
 

 
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 1 read as follows:
 
 2      "17-      Hawaiian homes commission; vacancies.  (a)
 
 3 Whenever any vacancy in the membership of the Hawaiian homes
 
 4 commission occurs, the term of which ends at the next succeeding
 
 5 special election held in conjunction with the general election,
 
 6 the vacancy shall be filled within sixty days by a two-thirds
 
 7 vote of the remaining members of the commission.
 
 8      (b)  In the case of a vacancy, the term of which does not
 
 9 end at the next succeeding special election held in conjunction
 
10 with the general election:
 
11      (1)  If it occurs not later than on the sixtieth day prior
 
12           to the next succeeding special election held in
 
13           conjunction with the general election, the vacancy
 
14           shall be filled for the unexpired term at the next
 
15           succeeding special election held in conjunction with
 
16           the general election.  The chief election officer shall
 
17           issue a proclamation designating the election for
 
18           filling the vacancy.  All candidates for the unexpired
 
19           term shall file nomination papers not later than 4:30
 
20           p.m. on the fiftieth day prior to the special election
 
21           (but if such day is a Saturday, Sunday, or holiday then
 
22           not later than 4:30 p.m. on the first working day
 
23           immediately preceding) and shall be elected in
 

 
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 1           accordance with the Hawaiian Homes Commission Act of
 
 2           1920, as amended, and this title.  Pending the
 
 3           election, the commission shall make a temporary
 
 4           appointment to fill the vacancy in the manner
 
 5           prescribed under subsection (a).  The person so
 
 6           appointed shall reside on the island from which the
 
 7           vacancy occurred, shall serve for the duration of the
 
 8           unexpired term, and shall serve until the election of
 
 9           the person duly elected to fill the vacancy; or
 
10      (2)  If it occurs after the sixtieth day prior to the next
 
11           succeeding special election held in conjunction with
 
12           the general election, the commission shall make an
 
13           appointment to fill the vacancy in the manner
 
14           prescribed under subsection (a).  The person so
 
15           appointed shall reside on the island from which the
 
16           vacancy occurred, and shall serve for the duration of
 
17           the unexpired term.
 
18      (c)  All appointments made by the commission under this
 
19 section shall be made without consideration of the appointee's
 
20 party preference or nonpartisanship status."
 
21      SECTION 4.  Section 202, Hawaiian Homes Commission Act,
 
22 1920, is amended to read as follows:
 
23      "202.  Department officers, staff, commission, members,
 

 


 

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 1 compensation.(a)  There shall be a department of Hawaiian home
 
 2 lands which shall be headed by an executive board to be known as
 
 3 the Hawaiian homes commission.  The members of the commission
 
 4 shall be [nominated and appointed in accordance with section
 
 5 26-34,] elected in accordance with this Act and chapters 11, 12,
 
 6 15, 16, 17, and 19, Hawaii Revised Statutes.  The commission
 
 7 shall be composed of nine members, [as follows:  three shall be
 
 8 residents of the city and county of Honolulu; two shall be
 
 9 residents of the county of Hawaii one of whom shall be a resident
 
10 of east Hawaii and the other a resident of west Hawaii; two shall
 
11 be residents of the county of Maui one of whom shall be a
 
12 resident from the island of Molokai; one shall be a resident of
 
13 the county of Kauai; and the ninth member shall be the chairman
 
14 of the Hawaiian homes commission.  All members shall have been
 
15 residents of the State at least three years prior to their
 
16 appointment and at least four of the members shall be descendants
 
17 of not less than one-fourth part of the blood of the races
 
18 inhabiting the Hawaiian Islands previous to 1778.] elected
 
19 pursuant to section      B(a) of this Act as follows:
 
20      (1)  Two shall reside on the island of Hawaii and shall be
 
21           registered to vote on the island of Hawaii; provided
 
22           that one member shall reside in east Hawaii in one of
 
23           the districts of Puna, South Hilo, North Hilo, or
 

 
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 1           Hamakua, and the other shall reside in west Hawaii in
 
 2           one of the districts of North Kohala, South Kohala,
 
 3           North Kona, South Kona, or Kau;
 
 4      (2)  One shall reside on the island of Maui and shall be
 
 5           registered to vote on the island of Maui;
 
 6      (3)  One shall reside on the island of Molokai and shall be
 
 7           registered to vote on the island of Molokai;
 
 8      (4)  One shall reside on the island of Kauai and shall be
 
 9           registered to vote on the island of Kauai; and
 
10      (5)  Four shall reside on the island of Oahu and shall be
 
11           registered to vote on the island of Oahu.
 
12 The tenth member shall be the director of the department of
 
13 Hawaiian home lands who shall serve as an ex officio nonvoting
 
14 member.  The members of the commission shall serve without pay,
 
15 but shall receive actual expenses incurred by them in the
 
16 discharge of their duties as [such] members.  The [governor shall
 
17 appoint the chairman] chairperson of the commission [from among
 
18 the] shall be elected by the members [thereof.] of the
 
19 commission.  The commission shall appoint the director of the
 
20 department.
 
21      The commission may delegate to the [chairman] director such
 
22 duties, powers, and authority or so much thereof, as may be
 
23 lawful or proper for the performance of the functions vested in
 

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

 
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 1      All vacancies and new positions which are covered by
 
 2 chapters 76 and 77, Hawaii Revised Statutes, shall be filled in
 
 3 accordance with sections 76-23 and 76-31, Hawaii Revised
 
 4 Statutes, provided that the provisions of these sections shall be
 
 5 applicable first to qualified persons of Hawaiian extraction."
 
 6      SECTION 5.  Section 11-15, Hawaii Revised Statutes, is
 
 7 amended by amending subsection (b) to read as follows:
 
 8      "(b)  Any person qualified to and desiring to register as a
 
 9 voter for the election of members of the board of trustees of the
 
10 office of Hawaiian affairs or of members of the Hawaiian homes
 
11 commission shall make and subscribe to an application in the form
 
12 of an affidavit which shall state that the person is Hawaiian and
 
13 which shall contain the information required under subsection
 
14 (a).  The affidavit shall also apply to all elections, primary,
 
15 special primary, general, special general, special, or county,
 
16 held in the State, under all voting systems used within the
 
17 State, so far as applicable and not inconsistent with this
 
18 title."
 
19      SECTION 6.  Section 11-25, Hawaii Revised Statutes, is
 
20 amended by amending subsections (a) and (b) to read as follows:
 
21      "(a)  Challenging prior to election day.  Any registered
 
22 voter may challenge the right of a person to be or to remain
 
23 registered as a voter in any precinct for any cause not
 

 
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 1 previously decided by the board of registration or the supreme
 
 2 court in respect to the same person; provided that [in]:
 
 3      (1)  In an election of members of the board of trustees of
 
 4           the office of Hawaiian affairs the voter making the
 
 5           challenge must be registered to vote in that
 
 6           election[.]; and
 
 7      (2)  In an election of members of the Hawaiian homes
 
 8           commission, the voter making the challenge shall be
 
 9           registered to vote in that election.
 
10 The challenge shall be in writing, setting forth the grounds upon
 
11 which it is based, and be signed by the person making the
 
12 challenge.  The challenge shall be delivered to the clerk who
 
13 shall forthwith serve notice thereof on the person challenged.
 
14 The clerk [shall], as soon as possible, shall investigate and
 
15 rule on the challenge.
 
16      (b)  Challenging on election day.  Any voter rightfully in
 
17 the polling place may challenge the right to vote of any person
 
18 who comes to the precinct officials for voting purposes.  The
 
19 challenge shall be on the grounds that the voter is not the
 
20 person the voter alleges to be, or that the voter is not entitled
 
21 to vote in that precinct; provided that only in an election of
 
22 members of the board of trustees of the office of Hawaiian
 
23 affairs[,] or members of the Hawaiian homes commission, a person
 

 
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 1 registered to vote in that election may also challenge on the
 
 2 grounds that the voter is not [Hawaiian.] eligible to vote in the
 
 3 particular election.  No other or further challenge shall be
 
 4 allowed.  Any person thus challenged shall first be given the
 
 5 opportunity to make the relevant correction pursuant to section
 
 6 11-21.  The challenge shall be considered and decided immediately
 
 7 by the precinct officials and the ruling shall be announced."
 
 8      SECTION 7.  Section 12-5, Hawaii Revised Statutes, is
 
 9 amended by amending subsection (c) to read as follows:
 
10      "(c)  Nomination papers for candidates for members of the
 
11 board of trustees of the office of Hawaiian affairs and for
 
12 members of the Hawaiian homes commission shall be signed by [not
 
13 less] no fewer than twenty-five persons registered as prescribed
 
14 under section 11-15(b)."
 
15      SECTION 8.  Section 12-6, Hawaii Revised Statutes, is
 
16 amended by amending subsection (a) to read as follows:
 
17      "(a)  Nomination papers shall be filed as follows:  for
 
18 members of Congress, state, and county offices, the Hawaiian
 
19 homes commission, and the board of trustees of the office of
 
20 Hawaiian affairs, with the chief election officer, or county
 
21 clerk in case of county offices, not later than 4:30 p.m. on the
 
22 sixtieth calendar day prior to the primary, special primary, or
 
23 special election provided that if such day is a Saturday, Sunday,
 

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

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

 
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 1 by law except the Hawaiian homes commission shall be nominated
 
 2 and, by and with the advice and consent of the senate, appointed
 
 3 by the governor.  Unless otherwise provided by this chapter or by
 
 4 law hereafter enacted, the terms of the members shall be for four
 
 5 years; provided that the governor may reduce the terms of those
 
 6 initially appointed so as to provide, as nearly as can be, for
 
 7 the expiration of an equal number of terms at intervals of one
 
 8 year for each board and commission.  Unless otherwise provided by
 
 9 law, each term shall commence on July 1 and expire on June 30,
 
10 except that the terms of the chairpersons of the board of
 
11 agriculture, the board of land and natural resources, and the
 
12 Hawaiian homes commissions shall commence on January 1 and expire
 
13 on December 31.  No person shall be appointed consecutively to
 
14 more than two terms as a member of the same board or commission;
 
15 provided that membership on any board or commission shall not
 
16 exceed eight consecutive years."
 
17      SECTION 11.  The terms of the appointed members of the
 
18 Hawaiian homes commission shall expire on the day of the special
 
19 election to elect members of the commission.
 
20      SECTION 12.  The amendments made by this Act to the Hawaiian
 
21 Homes Commission Act, 1920, as amended, are declared to be
 
22 severable and, if any section, sentence, clause, or phrase, or
 
23 the application thereof to any person or circumstance is held
 

 
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 1 ineffective because there is a requirement of having the consent
 
 2 of the United States to take effect, then that portion shall take
 
 3 effect only upon the granting of consent by the United States,
 
 4 and the effectiveness of the remainder of these amendments of the
 
 5 application thereof shall not be affected.
 
 6      SECTION 13.  In codifying the new section added by section 2
 
 7 and referenced in sections 4 and 9 of this Act, the revisor of
 
 8 statutes shall substitute appropriate section numbers for the
 
 9 letters used in designating the new sections in this Act.
 
10      SECTION 14.  Statutory material to be repealed is bracketed.
 
11 New statutory material is underscored.
 
12      SECTION 15.  This Act shall take effect upon its approval.