Report Title:

Board of Education

Description:

Proposes to amend Article 4, Section 2, and Article X, section 2 of the Hawaii Constitution to provide for election of Board of Education members from school member districts as provided by law; upon passage of the constitutional amendment, requires 17 BOE members, with one member per district to be elected out of 17 school member districts; requires residency in the school district; creates a temporary School Member District Commission modeled on the Reapportionment Commission to establish 17 school member districts that to the extent possible preserve school complex and community boundaries; provides that thereafter the Reapportionment Commission shall in a reapportionment year redraw school district boundaries consistent with statutory criteria and reapportioned districts. (HB2184 HD2)

HOUSE OF REPRESENTATIVES

H.B. NO.

2184

TWENTY-SECOND LEGISLATURE, 2004

H.D. 2

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the board of education.

 

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

PART I

SECTION 1. The purpose of this part is to propose an amendment to article IV, section 2, and article X, section 2, of the Constitution of the State of Hawaii to provide for the election of members of the board of education from school member districts established by the reapportionment commission as provided by law.

SECTION 2. Article IV, section 2, of the Constitution of the State of Hawaii is amended to read as follows:

"REAPPORTIONMENT COMMISSION

Section 2. A reapportionment commission shall be constituted on or before May 1 of each reapportionment year and whenever reapportionment is required by court order. The commission shall consist of nine members. The president of the senate and the speaker of the house of representatives shall each select two members. Members of each house belonging to the party or parties different from that of the president or the speaker shall designate one of their number for each house and the two so designated shall each select two members of the commission. The eight members so selected, promptly after selection, shall be certified by the selecting authorities to the chief election officer and within thirty days thereafter, shall select, by a vote of six members, and promptly certify to the chief election officer the ninth member who shall serve as chairperson of the commission.

Each of the four officials designated above as selecting authorities for the eight members of the commission, at the time of the commission selections, shall also select one person from each basic island unit to serve on an apportionment advisory council for that island unit. The councils shall remain in existence during the life of the commission and each shall serve in an advisory capacity to the commission for matters affecting its island unit.

A vacancy in the commission or a council shall be filled by the initial selecting authority within fifteen days after the vacancy occurs. Commission and council positions and vacancies not filled within the times specified shall be filled promptly thereafter by the supreme court.

The commission shall act by majority vote of its membership and shall establish its own procedures, except as may be provided by law.

Not more than one hundred fifty days from the date on which its members are certified, the commission shall file with the chief election officer a reapportionment plan for the state legislature and a reapportionment plan for the United States congressional districts which shall become law after publication as provided by law. Members of the commission shall hold office until each reapportionment plan becomes effective or until such time as may be provided by law.

The commission shall determine school member district boundaries as provided by law.

No member of the reapportionment commission or an apportionment advisory council shall be eligible to become a candidate for election to either house of the legislature or to the United States House of Representatives in either of the first two elections under any such reapportionment plan.

Commission and apportionment advisory council members shall be compensated and reimbursed for their necessary expenses as provided by law.

The chief election officer shall be secretary of the commission without vote and, under the direction of the commission, shall furnish all necessary technical services. The legislature shall appropriate funds to enable the commission to carry out its duties."

SECTION 3. Article X, section 2, of the Constitution of the State of Hawaii is amended to read as follows:

"BOARD OF EDUCATION

Section 2. There shall be a board of education composed of members who shall be elected in a nonpartisan manner by qualified voters[, as provided by law, from two at-large school board districts. The first school board district shall be comprised of the island of Oahu and all other islands not specifically enumerated. The second school board district shall be comprised of the islands of Hawaii, Maui, Lanai, Molokai, Kahoolawe, Kauai and Niihau. Each at-large school board district shall be divided into departmental school districts, as may be provided by law. There shall be at least one member residing in each departmental school district.] from school member districts as provided by law. The Hawaii State Student Council shall select a public high school student to serve as a nonvoting member on the board of education."

SECTION 4. The question to be printed on the ballot shall be as follows:

"Shall the members of the board of education be elected from school member districts as provided by law with boundaries drawn by the reapportionment commission?"

SECTION 5. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

PART II

SECTION 6. Chapter 13, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§13- School member districts. (a) There shall be seventeen school member districts. The reapportionment commission established pursuant to article IV, section 2, of the State Constitution shall determine the boundaries of each school member district, which shall to the extent practicable:

(1) Preserve school complex and community boundaries;

(2) Be compact; and

(3) Except in the case of districts encompassing more than one island, be contiguous.

(b) The reapportionment commission shall:

(1) In each reapportionment year, redraw school member district boundaries according to the new districting scheme of the reapportionment plan; and

(2) In designating new school member district boundaries:

(A) Comply with the criteria of subsection (a);

(B) Have powers, hold hearings, and follow other procedures applicable to reapportionment of legislative districts; and

(C) Keep a written record of its meetings and hearings and submit a written report to the legislature twenty days prior to the regular session next convening.

The reapportionment commission may request and shall receive from every department, division, board, bureau, commission, or other agency of the State cooperation and assistance in the performance of its duties under this subsection.

Within fourteen days after the reapportionment commission files the final school member district plan with the chief election officer, the chief election officer shall cause public notice to be given of the plan which, upon public notice, shall become effective as of the date of filing. The plan shall continue in effect until the effective date of the school member district plan of the next reapportionment commission."

SECTION 7. Section 13-1, Hawaii Revised Statutes, is amended to read as follows:

"§13-1 Board members; number. (a) The board of education shall consist of [thirteen] seventeen members who shall be elected by the registered voters of [two at-large school board districts as follows:

First school board district: the island of Oahu, comprised of the 11th through the 48th and a portion of the 49th (that portion found on the island of Oahu) representative districts, and the

Second school board district: the islands of Hawaii, Maui, Lanai, Molokai, Kahoolawe, Kauai, and Niihau, comprised of the 1st through the 10th, a portion of the 49th (that portion found on the island of Kauai), and the 50th and 51st representative districts.

(b) Ten members shall be elected at-large from the first school board district. Of the ten members elected at-large from that district, one shall be a resident of the third departmental school district (Honolulu), one shall be a resident of the fourth departmental school district (Central Oahu), one shall be a resident of the fifth departmental school district (Leeward Oahu), and one shall be a resident of the sixth departmental school district (Windward Oahu).

(c) Three members shall be elected at-large from the second school board district. Of the three members elected at-large from that district, one shall be a resident of the first departmental school district (Hawaii), one shall be a resident of the second departmental school district (Maui), and one shall be a resident of the seventh departmental school district (Kauai).

(d) The departmental school districts shall be as follows:

First departmental school district (Hawaii): the island of Hawaii comprised of the 1st through the 5th and a portion of the 6th (that portion found on the island of Hawaii) representative districts;

Second departmental school district (Maui): the islands of Maui, Molokai (including the county of Kalawao), Lanai, and Kahoolawe comprised of a portion of the 6th (that portion found on the island of Maui) and the 7th through the 10th representative districts;

Third departmental school district (Honolulu): that portion of the island of Oahu comprised of the 21st through the 41st representative districts;

Fourth departmental school district (Central Oahu): that portion of the island of Oahu comprised of the 11th through the 14th and the 45th representative districts;

Fifth departmental school district (Leeward Oahu): that portion of the island of Oahu comprised of the 42nd through the 44th, the 46th through the 48th and a portion of the 49th (that portion found on the island of Oahu) representative districts;

Sixth departmental school district (Windward Oahu): that portion of the island of Oahu comprised of the 15th through the 20th representative districts; and

Seventh departmental school district (Kauai): the islands of Kauai and Niihau comprised of a portion of the 49th (that portion found on the island of Kauai) and the 50th and 51st representative districts.] the seventeen school member districts established under this chapter. Each school member district shall be represented on the board of education by one member."

SECTION 8. Section 13-2, Hawaii Revised Statutes, is amended to read as follows:

"§13-2 Qualifications. No person shall be eligible for election or appointment to the board of education unless the person is a resident and registered voter of the school [board] member district from which the person is to be elected or appointed [and, where residency in a particular departmental school district is a requirement, a resident of the departmental school district for which seat the person is seeking election or appointment]. No member of the board 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; nor shall a person be eligible for election or appointment to the board of education if that person is also a candidate for any other public office under the state or county governments. The term "public office", for the purposes of this section, shall not include notaries public, reserve police officers, or officers of emergency organizations for civilian defense or disaster relief."

SECTION 9. Section 13-3, Hawaii Revised Statutes, is amended to read as follows:

"§13-3 Election of members. (a) Members of the board of education shall be nominated at a primary election and elected at the general election. Except as otherwise provided by this chapter, the candidates for the board of education shall be elected in the manner prescribed by this title.

[(1) Nomination papers, preparation of. The chief election officer shall prepare nomination papers in such a manner that a candidate desiring to file for election to the board of education shall be able to specify whether the candidate is seeking a seat requiring residency in a particular departmental school district or a seat without such residency requirement.

(2)] (1) Ballot. The [school] board of education ballot shall be prepared in such a manner as to afford every voter eligible to vote in a [school board district] board of education race the opportunity to vote for each and every candidate seeking election from [that] the voter's school [board] member district.

The [school board] board of education ballot shall contain the names of all board of education candidates arranged alphabetically in a nonpartisan manner[; provided that the names of candidates seeking seats requiring residency in a particular departmental school district shall be grouped alphabetically according to departmental school districts.

(3)] (2) Primary election. Two candidates receiving the most votes for each available seat shall be nominated for the general election. If, after the close of filing of nomination papers, there are only two qualified candidates for [any] a seat [requiring residency] in a particular [departmental] school member district, the chief election officer shall declare those two candidates duly nominated for the general election. The names of those two candidates shall not appear on the primary election ballot.

[(4)] (3) General election. Each voter in the general election shall be entitled to receive the [school board] board of education ballot and to vote for the [number of seats] seat available in the [respective] voter's school [board districts.] member district.

(b) In the event that there is only one qualified candidate for any seat [requiring residency] in a [particular departmental] school member district, after the close of filing of nomination papers, the chief election officer shall declare such candidate to be duly and legally elected. [In the event that the number of qualified candidates for seats without such residency requirement is equal to or less than the number of such seats to be filled, after the close of filing of nomination papers, the chief election officer shall declare such candidates to be duly and legally elected.]"

SECTION 10. Section 13-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The term of office of members of the board of education shall be for four 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 second general election after their election, except as provided in subsection (c). Members of the board of education may be re-elected without restriction as to the number of terms."

SECTION 11. Section 25-1, Hawaii Revised Statutes, is amended to read as follows:

"§25-1 Reapportionment commission. A reapportionment commission shall be constituted before May 1 of each reapportionment year, and the members shall be appointed and certified to hold office until a general election is held under both a reapportionment and school member district plan of the commission, or of a court of competent jurisdiction, or a new commission is constituted under [Article] article IV, section 2 of the State Constitution, whichever event shall occur first."

SECTION 12. Section 25-4, Hawaii Revised Statutes, is amended to read as follows:

"§25-4 Penalty for violation and false evidence. Any person who, having been summoned under [section] sections 13-    or 25-3 to give testimony or to produce any books, records, files, papers, maps, and documents, wilfully makes default, or who, having appeared, refuses to answer any questions or wilfully gives false evidence shall be fined not more than $1,000, or imprisoned not more than twelve months, or both."

SECTION 13. Section 25-9, Hawaii Revised Statutes, is amended to read as follows:

"[[]§25-9[]] Commission; continuance after challenge of plan. In the event of a successful court challenge of a reapportionment plan[,] or a school member district plan, the reapportionment commission shall continue in operation and may assist the court in formulating a new reapportionment or school member district plan."

SECTION 14. (a) A school member district commission shall be constituted on or before May 1, 2005, within the office of elections for administrative purposes only. The school member district commission shall determine the initial boundaries of each school member district pursuant to the requirements of section 13- (a), and as provided in this Act.

The school member district commission shall consist of nine members. Members and the chairperson of the school member district commission shall be selected and vacancies on the school member district commission filled according to selection and vacancy procedures for the reapportionment commission in article IV, section 2 of the State Constitution.

The school member district commission shall act by majority vote of its membership and shall establish its own procedures, except as may be provided by law. A majority of its membership shall constitute a quorum to do business, and the concurrence of a majority of its membership shall be necessary to make any action of the commission valid. Meetings shall be called and held at the call of the chairperson or by a quorum. The chief election officer shall be secretary of the school member district commission without vote and, under the direction of the school member district commission, shall furnish all necessary technical services.

No member of the school member district commission shall be eligible to become a candidate for election to the board of education from any school member district in either of the first two board of education elections under the school member district plan drawn by the school member district commission.

Members of the school member district shall hold office until the school member district plan drawn by the school member district commission becomes effective.

(b) The school member district commission shall conduct public hearings. Not more than one hundred days from the date on which all members are certified, the school member district commission shall cause to be given in each basic island unit, public notice of a school member district plan prepared and proposed by the school member district commission. At least one public hearing on the proposed school member district 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 school member district 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 school member district 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 school member district commission are certified, the school member district commission shall determine whether the school member district plan is in need of correction or modification, make the correction or modification, if any, and file with the chief election officer, a final school member district plan.

Within fourteen days after the filing of the final school member district plan, the chief election officer shall cause public notice to be given of the final school member district plan which, upon public notice, shall become effective as of the date of filing and govern the election of members of the board of education until the effective date of the new school member district plan of the 2011 reapportionment commission.

(c) The school member district commission may require all such persons as it deems necessary to appear personally and testify before it and to produce to it all books, records, files, papers, maps, and documents as shall appear to be necessary for the purpose of formulating a school member district plan. The chairperson of the school member district commission or any member thereof acting on behalf of the chairperson shall have power to administer oaths to persons summoned to appear before the school district commission and such persons may be questioned, under oath, concerning all matters necessary for the due execution of the duties vested in the school member district commission. All hearings and proceedings shall be governed by this chapter and by rules of practice and procedure established by the school member district commission.

(d) The school member district commission may request and shall receive from every department, division, board, bureau, commission, or other agency of the State cooperation and assistance in the performance of its duties.

(e) Each of the members of the school member district commission selected and certified shall, for the period the member holds the member's office, receive compensation of $50 per meeting but not to exceed $1,000 per month and shall be allowed actual and necessary expenses incurred in the performance of the member's duties. Payments for compensation and expenses shall be paid by warrants signed by the comptroller upon vouchers properly endorsed by the chairperson of the school member district commission. The members of the school member district commission shall be exempt from the provisions of chapter 76.

(f) The school member district commission shall keep a written record of its meetings and hearings and shall submit a written report to the legislature twenty days prior to the regular session next convening.

(g) Any person who, having been summoned by the school member district commission to give testimony or to produce any books, records, files, papers, maps, and documents, wilfully makes default, or who, having appeared, refuses to answer any questions or wilfully gives false evidence shall be fined not more than $1,000, or imprisoned not more than twelve months, or both.

(h) In the event of a successful court challenge of a school member district plan, the school member district commission that determined the plan shall continue in operation and may assist the court in formulating a new school member district plan.

SECTION 15. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

PART III

SECTION 16. 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, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 17. This Act shall take effect on July 1, 2050.