THE SENATE	S.B. NO.	526
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

A BILL FOR AN ACT

Proposing an amendment to the hawaii constitution to require the reapportionment commission to include members from each of the four basic island units.

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

SECTION 1. The purpose of this Act is ensure representation of all basic island units in the reapportionment process by proposing an amendment to article IV, section 2, of the Constitution of the State of Hawaii to require the reapportionment commission be composed of members from each of the four basic island units of (1) the island of Hawaii, (2) the islands of Maui, Lanai, Molokai, and Kahoolawe, (3) the island of Oahu and all other islands not specifically enumerated, and, (4) the islands of Kauai and Niihau.

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. Commission members shall be selected as follows:

1. The president of the senate [~~and the~~] shall select two members;

2. The speaker of the house of representatives shall [~~each~~] select two members[~~. Members of each house~~];

3. The senators belonging to the party or parties different from that of the president [~~or the speaker~~] of the senate shall designate one [~~of their number for each house and the two so designated~~] senator who shall [~~each~~] select two members [~~of the commission.~~];

4. The representatives belonging to the party or parties different from that of the speaker of the house of representatives shall designate one representative who shall select two members;

provided that the reapportionment commission shall include at least one member from each of the four basic island units. 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.

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

"Shall the constitutional provision establishing the reapportionment commission be amended to require the commission to include at least one member from each of the four basic island units?"

SECTION 4. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 5. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:	_____________________________