HOUSE OF REPRESENTATIVES |
H.B. NO. |
480 |
TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EDUCATION GOVERNANCE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. The purpose of this Act is to implement, upon its ratification, the constitutional amendments to Article X, Section 2 of the Hawaii Constitution, by requiring the members of the board of education to be nominated and, with the advice and consent of the senate, appointed by the governor.
PART II
SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§302A-A Board of education members; appointment; terms; quorum and meetings; compensation. (a) The board shall consist of ten members as follows:
(1) Nine voting members who shall represent and reside in the specified geographic areas as follows:
(A) One member from the county of Hawaii;
(B) One member from the county of Maui;
(C) One member from the county of Kauai; and
(D) Six members from the city and county of Honolulu;
and
(2) One nonvoting member who shall be a public school student at the time of the initial appointment.
The members shall be appointed by the governor, with the advice and consent of the senate, and may be removed by the governor.
Except as otherwise provided by law, state officers shall be eligible for appointment and membership.
(b) Except for the student member, the governor shall set the terms of those initially appointed under this section to each seat on the board as follows:
(1) Three members shall serve one-year terms;
(2) Three members shall serve two-year terms; and
(3) Three members, including the chairperson of the board, shall serve three-year terms.
(c) Except for the student member:
(1) The term of each member shall be three years, except as provided for the initial appointment in subsection (b); and
(2) Members shall serve no more than two consecutive three-year terms; provided that the members who are initially appointed to terms of two years or less pursuant to subsection (b) may be reappointed to two ensuing, consecutive three-year terms. If a member is to be appointed to a second consecutive term of three years, the senate shall consider the question of whether to reconfirm the member at least one hundred twenty days prior to the expiration of a member’s first three-year term; provided that if the senate is not in session after the member's reappointment and prior to the one-hundred-twenty-day deadline by which the senate shall have considered the question of reconfirmation, the member shall continue to serve until the senate takes final action on the reconfirmation when it convenes for the next regular session or the next special session during which the senate is authorized to consider the question of reconfirmation.
(d) The term of the student member shall be two years. The student member may be reappointed for one additional consecutive term even though the member is no longer a student at the time of reappointment; provided that the senate shall consider the question of whether to reconfirm the member at least one hundred twenty days prior to the expiration of the member's first term; provided further that if the senate is not in session after the member's reappointment and prior to the one-hundred-twenty-day deadline by which the senate shall have considered the question of reconfirmation, the member shall continue to serve until the senate takes final action on the reconfirmation when it convenes for the next regular session or the next special session during which the senate is authorized to consider the question of reconfirmation.
(e) Every member may serve beyond the expiration date of the member’s term of appointment until the member’s successor has been appointed by the governor and confirmed by the senate in accordance with Article X, Section 2, of the Hawaii Constitution.
(f) The board shall select a chairperson from among its voting members.
The board shall select a vice chairperson from among its voting members, who shall serve as interim chairperson in the event the chairperson's seat becomes vacant.
(g) A majority of all the voting members to which the board is entitled shall constitute a quorum to conduct business. At any time the board has fewer than six voting members, three voting members of the board shall constitute a quorum to conduct business and the concurrence of three voting members shall be necessary to make any action of the board valid.
Notwithstanding chapter 92, from the convening of the legislature in regular session to adjournment sine die of each regular session, and during each special session of the legislature, the board may file any notice that specifies only legislation or legislation-related agenda items, no fewer than two calendar days before the meeting.
(h) The members of the board shall serve without pay but shall be entitled to their travel expenses within the state when attending meetings of the board or when actually engaged in business relating to the work of the board.
PART III
SECTION 3. Section 11-157, Hawaii Revised Statutes, is amended to read as follows:
"§11-157 In case of tie. In case of the failure of an election by reason of the equality of vote between two or more candidates, the tie shall be decided by the chief election officer or county clerk in the case of county elections in accordance with the following procedure:
(1) In the
case of an election involving a seat for the senate, house of representatives,
[board of education,] or county council where only voters within a
specified district are allowed to cast a vote, the winner shall be declared as
follows:
(A) For each precinct in the affected district, an election rate point
shall be calculated by dividing the total voter turnout in that precinct by the
total voter turnout in the district. For the purpose of this subparagraph,
the absentee votes cast for the affected district shall be treated as a
precinct. The election rate point shall be calculated by dividing the
total absentee votes cast for the affected district by the total voter turnout
in that district. All election rate points shall be expressed as decimal
fractions rounded to the nearest hundred thousandth[.];
(B) The candidate with the highest number of votes in a precinct shall be
allocated the election rate point calculated under subparagraph (A) for that
precinct. In the event that two or more persons are tied in receiving the
highest number of votes for that precinct, the election rate point shall be
equally apportioned among those candidates involved in that precinct tie[.];
(C) After the election rate points calculated under subparagraph (A) for
all the precincts have been allocated as provided under subparagraph (B), the
election rate points allocated to each candidate shall be tallied and the
candidate with the highest election rate point total shall be declared the
winner[.]; and
(D) If there is a tie between two or more candidates in the election rate
point total, the candidate who is allocated the highest election rate points
from the precinct with the largest voter turnout shall be declared the winner[.];
and
(2) In the
case of an election involving a federal office or an elective office where the
voters in the entire [State] state or in an entire county are
allowed to cast a vote, the winner shall be declared as follows:
(A) For each representative district in the [State] state
or county, as the case may be, an election rate point shall be calculated by
dividing the total voter turnout in that representative district by the total
voter turnout in the state, county, or federal office district, as the case may
be; provided that for purposes of this subparagraph:
(i) The absentee votes cast for a statewide, countywide, or federal
office shall be treated as a separate representative district and the election
rate point shall be calculated by dividing the total absentee votes cast for
the statewide, countywide, or federal office by the total voter turnout in the
state, county, or federal office district, as the case may be[.]; and
(ii) The overseas votes cast for any election in the [State] state
for a federal office shall be treated as a separate representative district and
the election rate point shall be calculated by dividing the total number of
overseas votes cast for the affected federal office by the total voter turnout
in the affected federal office district. The term "overseas
votes" means those votes cast by absentee ballots for a presidential
election as provided in section 15-3.
All election rate points shall be expressed as decimal fractions rounded to the
nearest hundred thousandth[.];
(B) The candidate with the highest number of votes in a representative
district shall be allocated the election rate point calculated under
subparagraph (A) for that district. In the event that two or more persons
are tied in receiving the highest number of votes for that district, the
election rate point shall be equally apportioned among those candidates
involved in that district tie[.];
(C) After the election rate points calculated under subparagraph (A) for
all the precincts have been allocated as prescribed under subparagraph (B), the
election rate points allocated to each candidate shall be tallied and the
candidate with the election rate point total shall be declared the winner[.];
and
(D) If there is a tie between two or more candidates in the election rate point total, the candidate who is allocated the highest election rate points from the representative district with the largest voter turnout shall be declared the winner."
SECTION 4. Section 11-195, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) For purposes of this subpart, whenever a report is required to be filed with the commission, "filed" means electronically filed on the commission's electronic filing system by the date and time specified for the filing of the report by the:
(1) Candidate or the committee of a candidate who is seeking election to the:
(A) Office of governor;
(B) Office of lieutenant governor;
(C) Office of mayor;
(D) Office of prosecuting attorney;
(E) County council;
(F) Senate;
(G) House of representatives; or
(H) Office of Hawaiian affairs; [or
(I) Board of education;]
or
(2) Noncandidate committee required to be registered with the commission pursuant to section 11-194."
SECTION 5. Section 11-209, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) From January 1 of the year of any primary, special, or general election, the total expenditures for each election for candidates who voluntarily agree to limit their campaign expenditures, inclusive of all expenditures made or authorized by the candidate alone and all campaign treasurers and committees in the candidate's behalf, shall not exceed the following amounts expressed respectively multiplied by the number of voters in the last preceding general election registered to vote in each respective voting district:
(1) For the office of governor--$2.50;
(2) For the office of lieutenant governor--$1.40;
(3) For the office of mayor--$2.00;
(4) For the offices of state senator, state representative, and county council member--$1.40; and
(5) For [the
offices of the board of education and] all other offices--20 cents."
SECTION 6. Section 11-218, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) For [the board of education and] all other
offices, the maximum amount of public funds available to a candidate shall not
exceed $100 in any election year."
SECTION 7. Section 12-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Nomination papers for candidates for members of Congress,
governor, and lieutenant governor[, and the board of education]
shall be signed by not less than twenty-five registered voters of the State or
of the Congressional district [or school board district] from which the
candidates are running in the case of candidates for the United States House of
Representatives [or for the board of education]."
SECTION 8. Section 26-35.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) For purposes of this section, "member" means
any person who is appointed, in accordance with the law, to serve on a
temporary or permanent state board, including members of the board of
education, the local school board of any charter school established under
chapter 302B, council, authority, committee, or commission, established by law
or elected to [the board of education, or] the board of trustees of the
employees' retirement system under section 88-24, or the corporation board of
the Hawaii health systems corporation under section 323F-3 and its regional
system boards under section 323F-3.5; provided that "member" shall
not include any person elected to serve on a board or commission in accordance
with chapter 11 [other than a person elected to serve on the board of
education]."
SECTION 9. Section 84-17, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) The financial disclosure statements of the following persons shall be public records and available for inspection and duplication:
(1) The
governor, the lieutenant governor, the members of the legislature, candidates
for and delegates to the constitutional convention, [the members of the board
of education,] the trustees of the office of Hawaiian affairs, and
candidates for state elective offices;
(2) The directors of the state departments and their deputies, regardless of the titles by which the foregoing persons are designated; provided that with respect to the department of the attorney general, the foregoing shall apply only to the attorney general and the first deputy attorney general;
(3) The administrative director of the State;
(4) The president, the vice presidents, the assistant vice presidents, the chancellors, and the provosts of the University of Hawaii;
(5) The members of the board of education, and the superintendent, the deputy superintendent, the state librarian, and the deputy state librarian of the department of education;
(6) The administrative director and the deputy director of the courts; and
(7) The administrator and the assistant administrator of the office of Hawaiian affairs."
SECTION 10. Section 84-41, Hawaii Revised Statutes, is amended to read as follows:
"[[]§84-41[]] Applicability of
part. This part applies to legislators, [elected] members of
the board of education, trustees of the office of Hawaiian affairs, the
governor, the lieutenant governor, and executive department heads and
deputies. This part does not apply to any other officer or employee of
the State."
SECTION 11. Section 88-21, Hawaii Revised Statutes, is amended by amending the definition of "elective officer" or "elective official" to read as follows:
""Elective officer" or "elective official": any
person elected to a public office or appointed to fill a vacancy of an elective
office, except as a delegate to a constitutional convention [or member of
the board of education], in accordance with an election duly held in the [State]
state or counties under chapter 11; provided that the person receives
compensation, pay, or salary for such office."
SECTION 12. Section 302A-1101, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) There shall be a principal executive department to be known as
the department of education, which shall be headed by [an elected] a
policy-making board to be known as the board of education. The board
shall have power in accordance with law to formulate statewide educational
policy, adopt student performance standards and assessment models, monitor
school success, and [to] appoint the superintendent of education as the
chief executive officer of the public school system."
SECTION 13. Section 302A-1110, Hawaii Revised Statutes, is amended to read as follows:
"[[]§302A-1110[]]
Educational districts not applicable. The educational districts
established by section 4-1 shall not be applicable to, nor alter, [the
school board or departmental school districts, established by section 13-1, or]
the school districts established for administrative purposes by the
department."
SECTION 14. Section 17-6, Hawaii Revised Statutes, is repealed.
["§17-6 Board of education members. (a)
The governor shall make an appointment to fill any vacancy in the membership of
the board of education for the unexpired term of that vacancy whenever a
vacancy occurs and the term of that vacancy ends at the time of the next
succeeding general election.
(b) In the case of a vacancy, the term of which does not end at the
next succeeding general election:
(1) If
it occurs not later than on the sixtieth day prior to the next succeeding
general election, the vacancy shall be filled for the unexpired term at the
next succeeding general election. The chief election officer shall issue
a proclamation designating the election for filling the vacancy. All
candidates for the unexpired term shall file nomination papers not later than
4:30 p.m. on the fiftieth day prior to the general election (but if such day is
a Saturday, Sunday, or holiday then not later than 4:30 p.m. on the first
working day immediately preceding) and shall be elected in accordance with this
title. Pending the election the governor shall make a temporary
appointment to fill the vacancy and the person so appointed shall serve until
the election of the person duly elected to fill such vacancy.
(2) If
it occurs after the sixtieth day prior to the next succeeding general election,
the governor shall make an appointment to fill the vacancy for the unexpired
term.
(c) All appointments made by the governor under this section shall be
made without consideration of the appointee's party affiliation or preference
or nonpartisanship, however the persons so appointed shall meet the residency
requirement specified in section 13-1."]
SECTION 15. Section 302A-1105, Hawaii Revised Statutes, is repealed.
["§302A-1105 Compensation; expenses. Board of
education members shall be allowed:
(1) Compensation
at the rate of $100 per day for each day's actual attendance at meetings;
(2) Transportation
fares between islands and abroad; and
(3) Personal
expenses at the rates specified by the board while attending board meetings or
while on official business as authorized by the chairperson, when the board
meetings or official business require a board member to leave the island upon
which the board member resides."]
SECTION 16. Section 302A-1106, Hawaii Revised Statutes, is repealed.
["§302A-1106 Organization; quorum; meetings.
(a) The board shall elect from its own membership a chairperson and a
vice-chairperson. A majority of all members to which the board is
entitled shall constitute a quorum to do business and the concurrence of a
majority of all members to which the board is entitled shall be necessary to
make any action of the board valid; provided that due notice shall have been
given to all members of the board or a bona fide attempt shall have been made
to give due notice to all members of the board to whom it was reasonably
practicable to give due notice. Meetings shall be called and held, at the
call of the chairperson or by a quorum, as often as may be necessary for the
transaction of the department's business.
(b) Chapter 92 notwithstanding, from the convening of the legislature
in regular session to adjournment sine die of each regular session, and during
each special session of the legislature, the board may file any notice that
specifies only legislation or legislation-related agenda items, no fewer than
two calendar days before the meeting."]
SECTION 17. Section 302A-1106.5, Hawaii Revised Statutes, is repealed.
["[§302A-1106.5] Board of education; community meetings.
The board shall hold not less than two community meetings annually in each
departmental school district in addition to their regular meetings to discuss
and receive input from the community on public education and public library
issues. The board chairperson shall designate board members to attend the
community meetings. These community meetings shall not be held for the
purpose of formulating educational policy. The community meetings shall
be exempt from sections 92-2.5, 92-7, 92-9, and 92-41, provided that the board
shall give written public notice of each community meeting. The meeting
notice shall indicate the date, time, and place of the meeting, and shall be
filed in the office of the lieutenant governor and in the board's office for
public inspection six calendar days before the meeting. The notice shall
also be posted at the site of the meeting."]
SECTION 18. Chapter 13, Hawaii Revised Statutes, is repealed.
PART IV
SECTION 19. Notwithstanding any law to the contrary, the elected members of the board of education serving on the day of the effective date of this Act shall continue to serve until the appointment of five voting interim members of the board of education, at which time the elected members are discharged from office; provided that any vacancy occurring between the effective date of this Act and the discharge from office of all the elected members of the board of education, shall not be filled.
SECTION 20. Except as provided in section 21 of this Act, all employees, including secretarial staff and analysts, serving the board of education on the day of the effective date of this Act, shall continue to be exempt employees of the department of education.
SECTION 21. On the day of the effective date of this Act, the executive director of the board of education shall no longer be an employee of the department of education and shall serve at the pleasure of the board of education.
PART V
SECTION 22. The revisor of statutes shall insert the effective date of this Act and the number of this Act in the appropriate places in section 2 of this Act.
SECTION 23. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 24. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 25. This Act shall take effect upon ratification of the constitutional amendments requiring the members of the board of education to be appointed; provided that Part III of this Act shall take effect when the elected members of the board of education are discharged from office pursuant to section 19 of this Act.
INTRODUCED BY: |
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Report Title:
Board of Education; Appointment
Description:
Requires the members of the Board of Education to be nominated and, with the advice and consent of the Senate, appointed by the Governor.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.