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120 P.3d 217 Page 7
<br />108 Hawai'i 318, 120 P.3d 217
<br />(Cite as: 108 Hawai'i 318, 120 P.3d 217)
<br />tutionally mandated.” (Emphasis added.) The Commission interpreted the Charter phrase
<br />**222 *323
<br />This reference to the charter commission's “resident populations” to encompass all
<br />“intent” merely confirms what is stated in persons who “reside within the county” as reflected
<br />the criteria in Charter section 3-17(f). in the federal census and, accordingly, did not ex-
<br />clude nonresident university students and nonresident
<br />military personnel and their dependents in the popu-
<br />V.
<br />lation base for the reapportionment plans. County
<br />[3] The primary issue on appeal, Appellants'
<br />Appellees argue that the Commission's interpretation
<br />point (2), is whether nonresident college students and
<br />of the phrase was a discretionary act, and, thus, under
<br />nonresident military personnel and their dependents
<br />75 Haw. 463, 868 P.2d 1183
<br />Kawamoto v. Okata,
<br />should be excluded from the population base of Ha-
<br />(1994), the actions of the Commission should be ac-
<br />wai‘i County's reapportionment of city council dis-
<br />cepted unless an abuse of discretion is shown.
<br />tricts. The Charter mandates that “[d]istricts shall
<br />haveapproximately equal resident populations as
<br />required by applicable constitutional provisions[,]” [4] “The interpretation of the charter is similar to
<br />Charter § 3-17(f)(4) (emphasis added), see supra note the interpretation of a statute.” Maui County Council
<br />v. Thompson, 84 Hawai‘i 105, 106, 929 P.2d 1355,
<br />1, but fails to define the phrase “resident popula-
<br />tions.” 1356 (1996). When interpreting a statute,
<br />Appellants first argue that “resident populations” our foremost obligation is to ascertain and give ef-
<br />should be interpreted in the same manner as that term fect to the intention of the legislature[,] which is to
<br />is applied in the apportionment of state representative be obtained primarily from the language contained
<br />districts, that is, by using a permanent resident popu-in the statute itself. And where the language of the
<br />lation base. Appellants refer to an amendment made statute is plain and unambiguous, our only duty is
<br />to Article IV of the Constitution of the State of Ha-to give effect to its plain and obvious meaning.
<br />waii in 1992, when voters statewide voted to use a
<br />“permanent resident” population base for apportion-
<br />Id. (quoting State v. Baron, 80 Hawai‘i 107, 113,
<br />ing legislative districts. The amendment mandated
<br />905 P.2d 613, 619 (1995)) (emphasis added). In this
<br />that only residents having their domiciliary in the
<br />regard, a common definition of “resident” is
<br />State of Hawai‘i may be counted in the population
<br />[a]ny person who occupies a dwelling within the
<br />base for the purpose of reapportioning legislative
<br />State, has a present intent to remain within the
<br />districts. Article IV of the Constitution of the State of
<br />State for a period of time, and manifests the genu-
<br />Hawaii states in relevant part as follows:
<br />ineness of that intent by establishing an ongoing
<br />physical presence within the State together with in-
<br />The commission shall allocate the total number of dicia that his presence within the State is something
<br />members of each house of the state legislature be-other than merely transitory in nature.
<br />ing reapportioned among the four basic island units
<br />namely: (1) the island of Hawaii, (2) the islands of
<br />Black's Law Dictionary 1309 (6th ed.1990) (em-
<br />Maui, Lanai, Molokai and Kahoolawe, (2) the is-
<br />phases added). SeeIn re Irving, 13 Haw. 22, 24
<br />land of Oahu and all other islands not specifically
<br />(1900) (“[T]he primary significance of the word
<br />enumerated, and (4) the islands of Kauai and Nii-
<br />‘residence’ as used in the constitution is the same as
<br />hau, using the total number of permanent residents
<br />domicil[e]-a word which means the place where a
<br />in each of the basic island units and computed by
<br />man establishes his abode, makes the seat of his
<br />the method known as the method of equal propor-
<br />property, and exercises his civil and political rights.”
<br />tions; except that no basic island unit shall receive
<br />(Quoting Chase v. Miller, 41 Pa. 403, 420
<br />less than one member in each house.
<br />(Pa.1862))). This definition of “resident” would ex-
<br />clude any person who did not exhibit a present intent
<br />Haw. Const. art. IV, § 4 (amended 1992) (em-to remain within Hawai‘i County for more than a
<br />phasis added). However, the amendment to Article transitory period.
<br />IV only applies to state legislative redistricting, not
<br />county council redistricting.
<br />Generally, college students from outside Hawai‘i
<br />County who lack a present intent to remain in the
<br />© 2011 Thomson Reuters. No Claim to Orig. US Gov. Works.
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