2021-1874 SB1350 Proposed SD1 SMA

SECTION 1. The legislature finds that in February 2021, the United States Census Bureau announced it will likely delay delivery of the 2020 census results to the fifty states by as much as six months or more. This will significantly delay the reapportionment of federal, state, and county districts for elective office and make it harder for prospective candidates of all parties to run for office and ensure voters' proper representation in 2022. The legislature further finds that after experiencing delays in preparing the reapportionment plan following the 2010 census, the State of Hawaii 2011 reapportionment commission final report and reapportionment plan made recommendations to improve the reapportionment process for the future. These recommendations include:

(1) That the legislature initiate changes in law to clarify the term "permanent residents" for reapportionment;

(2) That future commissions obtain private outside counsel to be funded by the legislature;

(3) That the legislature initiate changes in law to clarify whether or not a state senate election held to fill a vacancy created when an incumbent resigns is a "regular election" for the purpose of computing senate staggered terms; and

(4) That the legislature and chief election officer consider methods to streamline public notice of the proposed and final plans to utilize advances in technology for viewing plans online and at public offices around the State in conjunction with publication.

The legislature also finds that to best address the unprecedented delays at the United States Census Bureau, to ensure adequate time for candidates to run for office and ensure voters' proper representation, it is in the public interest to implement the most important recommendations made in the 2011 reapportionment commission final report.

Accordingly, the purpose of this Act is to:

(1) Define "permanent resident" for reapportionment purposes;

(2) Permit short form public notice for reapportionment plans subject to specific requirements; and

(3) Appropriate funds for the commission to allow it to retain outside legal counsel.

SECTION 2. Section 1-28.5, Hawaii Revised Statutes, is amended to read as follows:

"§1-28.5 Publication of notice. (a) Notwithstanding any other statute, law, charter provision, ordinance, or rule to the contrary, whenever a government agency is required to give public notice or to publish notice, the notice shall be given only as follows:

(1) For statewide publication:

(A) In a daily or weekly publication of statewide circulation; or

(B) By publication in separate daily or weekly publications whose combined circulation is statewide; and

(2) For county-wide publication, by publication in a daily or weekly publication in the affected county.

Additional supplemental notice may also be given through Hawaii FYI, the State's interactive computer system.

(b) For purposes of this section, the comptroller pursuant to chapter 103D shall determine a publication for all government agencies to enable the public to go to one source of publication for published public notice on each island.

(c) Whenever a public notice is published in a newspaper or other publication described in subsection (a), proof of the publication shall be the affidavit of the printer, publisher, principal clerk, or business manager of the newspaper or other publication or of the designated agent of the group that published the notice.

(d) This section shall not apply to notices required by chapters 103D, 103F, 127A, and 523A.

(e) For purposes of publication of the final reapportionment plan pursuant to section 25-2, public notice is permitted in a short form; provided that each short form public notice includes the following information:

(1) Whether the plan has been either proposed or adopted;

(2) The online location to view the plan, maps, and other relevant information;

(3) A list of the location of each public office where the hard copies of the plan and other relevant documents will be available; and

(4) The public hearing dates and other necessary information.

[~~(e)~~] (f) For purposes of this section, "government agency" means each department, board, commission, or officer of the State or any of its political subdivisions."

SECTION 3. Section 25-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Legislative reapportionment. The commission shall reapportion the members of each house of the legislature on the basis, method, and criteria prescribed by the Constitution of the United States and article IV of the Hawaii Constitution. For purposes of legislative reapportionment, in determining the permanent resident population, a "permanent resident" means any person whose usual residence is in the State as defined by the United States Census Bureau. Pursuant thereto, the commission shall conduct public hearings and consult with the apportionment advisory council of each basic island unit. Not more than one hundred days from the date on which all members are certified, the commission shall cause to be given in each basic island unit, public notice of a legislative reapportionment plan prepared and proposed by the commission. At least one public hearing on the proposed reapportionment 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 reapportionment 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 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 commission are certified, the commission shall determine whether or not the plan is in need of correction or modification, make the correction or modification, if any, and file with the chief election officer, a final legislative reapportionment plan. Within fourteen days after the filing of the final reapportionment plan, the chief election officer shall cause public notice to be given of the final legislative reapportionment plan which, upon public notice, shall become effective as of the date of filing and govern the election of members of the next five succeeding legislatures. This public notice is subject to section 1-28.5(e)."

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2021-2022 for the commission to retain outside legal counsel.

The sum appropriated shall be expended by the office of elections for the purposes of this Act.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2021.

THE SENATE	S.B. NO.	1350
THIRTY-FIRST LEGISLATURE, 2021		S.D. 1
STATE OF HAWAII		Proposed