HB 140: PROPOSING AMENDMENTS TO ARTICLE IV, SECTIONS 4 AND 6, OF THE HAWAII STATE CONSTITUTION REGARDING REAPPORTIONMENT.

A BILL FOR AN ACT

proposing amendments to article iv, sections 4 and 6, of the hawaii state constitution regarding reapportionment.

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

     SECTION 1.  The legislature finds that the Hawaii State Constitution is unique in its determination of resident population for reapportionment purposes.  Reapportionment is the process of re-distributing seats for elected officials so that the seats are relatively evenly distributed based on the resident population.  Since being ratified by voters in November 1992, section 4 and 6, of the Hawaii State Constitution have required that reapportionment for state senators and representatives be based on the average number of "permanent residents" in each district.  Any resident not deemed permanent, even if included in the decennial United States census count as a "usual resident" of the State, is extracted, or deleted, from the total used by the state reapportionment commission and therefore not factored into the allocation of state senate and house districts.

     The legislature further finds that forty-nine states base their reapportionment process on the United States census data and the concept of "usual residents".  The United States census defines "usual residence" as "the place where a person lives and sleeps most of the time".  83 Fed. Reg. 5525 (Feb. 8, 2018).  For federal House of Representatives purposes, Hawai‘i's two seats are allocated based on the census data.  Hawai‘i ignores this approach and simply extracts non-permanent residents from the census total.  Kansas, the only other state that did not use unadjusted census numbers for several reapportionments, stopped the practice when voters supported a state constitutional amendment in 2019.  Kansas now uses the most recent census data as published by the United States Census Bureau.  Hawai‘i remains the outlier in this regard.  The practical effect of Hawai‘i's method is that thousands of military members, their dependents, and college students who reside in the State but are not permanent residents are excluded from reapportionment.  Furthermore, these individuals are also not counted in another state for reapportionment purposes since all other states base their process on the United States census data.

     The legislature additionally finds that the United States Constitution's equal protection clause requires equal representation of all persons.  Elected officials represent and serve all persons living in a specific geographic area, regardless of their residence status.  It is neither rational nor fair to ignore the many non-permanent resident military members, their dependents, and college students living in the State, since state and county services are provided regardless of the individual's reapportionment status.  Under the State's current extraction method there are, in some census tracks, a negative net population.  District to district, there is also uneven and unequal representation because those excluded are not evenly distributed across the districts.  Fundamentally, individuals who are extracted live in a specific area and should be counted for representation purposes of that district.

     Accordingly, the purpose of this Act is to propose amendments to article IV, sections 4 and 6, of the Hawaii State Constitution to specify that reapportionment shall be based on the resident population, as counted in the most recent decennial United States census for the respective reapportionment year.

     SECTION 2.  Article 4, section 4, of the Constitution of the State of Hawaii is amended to read as follows:

     "Section 4.  The commission shall allocate the total number of members of each house of the state legislature being reapportioned among the four basic island units, namely:  (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, using the total number of [permanent] residents, as reported by the most recent decennial census of the United States for the respective reapportionment year, in each of the basic island units and computed by the method known as the method of equal proportions; except that no basic island unit shall receive less than one member in each house."

     SECTION 3.  Article 4, section 6, of the Constitution of the State of Hawaii is amended to read as follows:

     "Section 6.  Upon the determination of the total number of members of each house of the state legislature to which each basic island unit is entitled, the commission shall apportion the members among the districts therein and shall redraw district lines where necessary in such manner that for each house the average number of [permanent] residents, as reported by the most recent decennial census of the United States for the respective reapportionment year, per member in each district is as nearly equal to the average for the basic island unit as practicable.

     In effecting such redistricting, the commission shall be guided by the following criteria:

     1.  No district shall extend beyond the boundaries of any basic island unit.

     2.  No district shall be so drawn as to unduly favor a person or political faction.

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

     4.  Insofar as practicable, districts shall be compact.

     5.  Where possible, district lines shall follow permanent and easily recognized features, such as streets, streams and clear geographical features, and, when practicable, shall coincide with census tract boundaries.

     6.  Where practicable, representative districts shall be wholly included within senatorial districts.

     7.  Not more than four members shall be elected from any district.

     8.  Where practicable, submergence of an area in a larger district wherein substantially different socio-economic interests predominate shall be avoided."

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

     "Shall the method of reapportionment, which is the redrawing of electoral district boundaries in the State, be changed so that reapportionment is based on the total number of residents in the State, as reported by the most recent decennial census of the United States for the respective reapportionment year, rather than based on the number of permanent residents in the State?"

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

     SECTION 6.  This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

Report Title:

Reapportionment; Census Data; Constitutional Amendment

Description:

Proposes a constitutional amendment to specify that reapportionment shall be based on the resident population, as counted in the most recent decennial United States census for the respective reapportionment year, rather than the permanent resident population.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.