Hawaii-2012-HCR60-Introduced

WHEREAS, pursuant to article IV, section 1, of the Hawaii Constitution, 2011 was designated a reapportionment year for purposes of apportioning members of the Legislature among and within basic island units based on the most recent United States census; and

WHEREAS, the Hawaii Constitution, article IV, section 4, expressly mandates that only permanent residents be counted in the population base for the purpose of reapportionment; and

WHEREAS, a duly constituted Reapportionment Commission adopted a redistricting plan on September 26, 2011, that was challenged on the grounds that it included in the population base significant numbers of nonpermanent residents identified as members of the military, their dependents, and students; and

WHEREAS, on January 4, 2011, the Hawaii Supreme Court ruled that the Hawaii Reapportionment Commission erred by including nonpermanent residents in the population base counted to allocate the members of the State Legislature among and within the basic island units; and

WHEREAS, it appears that Kansas and Hawaii are the only two states to use a method to calculate its population base that has the effect of excluding military personnel; and

WHEREAS, further, Hawaii appears to be the only state whose method to calculate its population base has the effect of also excluding military dependents; and

WHEREAS, the term "permanent resident" is not defined in the Hawaii Constitution or the Hawaii Revised Statutes, which has resulted in military personnel being excluded from the population base for the past two reapportionments; and

WHEREAS, the Legislature recognizes the sacrifices made daily by members of the United States military and their families and appreciates all that the military does for our country and for Hawaii; and

WHEREAS, a 2011 report by the RAND Corporation determined that the United States military accounted for more than eighteen percent of all spending in Hawaii in 2009, or $12,220,000,000; and

WHEREAS, the RAND report found that military expenditures in Hawaii during fiscal years 2007 to 2009 averaged $6,527,000,000 per year in 2009 dollars – more than $4,000,000,000 for personnel and over $2,000,000,000 for the procurement of goods and services; and

WHEREAS, the RAND report found that the military, as the largest employer in Hawaii, provided 101,533 jobs during 2007 to 2009, or stated another way, the military provides jobs for 16.5 percent of the State's total work force; and

WHEREAS, the military's vital role in the State's economy rivals tourism as our most important industry; and

WHEREAS, above and beyond the many benefits provided by the military as a whole, the Legislature is grateful for the many and varied contributions to the community made by the individual members of the military, who give selflessly of their time to enhance the quality of life for all residents of Hawaii; and

WHEREAS, military members and their families are an integral part of the larger community; their contributions are visible in Hawaii's work places, schools, churches, and community organizations; they are family members, friends, and co-workers; and

WHEREAS, the Hawaii Joint Venture Education Forum reports that over fifteen thousand military students attend Hawaii's public schools, making up approximately fourteen per cent of the overall student population in the current school year; and

WHEREAS, the significant military student population makes Hawaii eligible for federal impact aid pursuant to Title VIII of the Elementary and Secondary Education Act; and

WHEREAS, according to the Hawaii Department of Education, $622,305,089.16 in federal impact aid funds was received between fiscal years 2001-2010; and

WHEREAS, this federal money has a significant impact on the Department of Education's budget; and

WHEREAS, for example, the Hawaii Department of Education reported that federal impact aid of $38,057,475.95 received in fiscal year 2009-2010 was used to help maintain a balanced general fund budget, assist in meeting the Department's fiscal year 2009-2010 shortfall, and support charter schools, in addition to funding ongoing programs such as the Department's military liaison; and

WHEREAS, while the terms "resident" or "permanent" resident are terms that are commonly used, their intended meaning may be different depending upon the context, such as in the area of taxation or to determine in-state tuition for higher education; and

WHEREAS, the 2001 and 2011 Reapportionment Commissions recommended that the Legislature initiate changes to clarify the permanent resident population base or that the Hawaii Constitution be amended to designate the United States Census population as the population base for legislative reapportionment; and

WHEREAS, clarification is needed to define the term "permanent resident" for purposes of reapportionment of state electoral districts; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2012, the Senate concurring, that the Legislative Reference Bureau is requested to study the issues and propose legislation to amend the state constitution or the Hawaii Revised Statues, as appropriate, regarding how to fairly and equitably include military personnel and dependents in reapportionment calculations; and

BE IT FURTHER RESOLVED that, in addition to other relevant issues, the Legislative Reference Bureau is requested to consider the following potential courses of action:

(1) Defining the term "permanent resident" to include military personnel stationed in the State and their dependents;

(2) Specifically including all residents of the State in the population base for the purpose of reapportionment; and

(3) Including persons reported by the United States census in the population base for the purpose of reapportionment, regardless of residency status; and

BE IT FURTHER RESOLVED that the Chief Election Officer and the Elections Commission are requested to provide the Legislative Reference Bureau with any information and assistance it may require; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2013; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of the Legislative Reference Bureau, the Commander of the United States Pacific Command, the Commander of the Pacific Air Force, the Commanding General of the United States Army, Pacific, the Commander of the United States Pacific Fleet, the Commander of the United States Marine Corps, Marine Forces Pacific, and the Chief Election Officer and the Chair of the Elections Commission of the State of Hawaii.

	OFFERED BY:	_____________________________

Report Title:

Reapportionment; Military Personnel

HOUSE OF REPRESENTATIVES	H.C.R. NO.	60
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII