SB 1031: RELATING TO ADVISORY REFERENDUMS.

A BILL FOR AN ACT

RELATING TO ADVISORY REFERENDUMS.

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

     SECTION 1.  Chapter 11, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§11-    Advisory referendums.  (a)  The legislature may adopt any concurrent resolution to propose a non-binding advisory referendum question to the people, who may vote on the question during any general election; provided that the subject of the non-binding advisory referendum question shall be limited to the issuance of general obligation bonds.  No concurrent resolution adopted pursuant to this section shall embrace more than one referendum question.

     (b)  The chief election officer shall publish a notice of each advisory referendum question in a newspaper of general circulation in the State no later than thirty days before the date of the advisory referendum.  The notice of the advisory referendum shall also be available at all public libraries in the State and the office of the clerk of each county.

     (c)  Each advisory referendum question shall be printed on the ballot and the question shall have a designated space to mark "yes" or "no".

     (d)  Except as provided in subsection (e), advisory referendum questions that appear on a ballot shall be collectively placed under a single heading that includes a statement that reads as follows:

     "This section of the ballot enables voters to make recommendations advising the legislature whether or not to take action on the questions posed.  Regardless of the outcome of the votes on these questions, further action by the legislature is necessary for any recommendation to become law."

     (e)  The chief election officer may make grammatical changes to the statement required by subsection (d) if a single advisory referendum question appears on any ballot.

     (f)  The chief election officer shall certify and report to the public the general election results regarding any advisory referendum question at or about the same time of the release of other results for the same general election.  The chief election officer shall also report to the legislature the general election results regarding any advisory referendum question no later than twenty days prior to the convening of the regular session that immediately follows the general election.

     (g)  The legislature shall consider the reported general election results of any relevant advisory referendum question when authorizing the issuance of general obligation bonds.  The legislature may act in contradiction to the results of the advisory referendum question; provided that a written explanation of the legislative act that is contrary to the reported majority vote on the advisory referendum question is reflected in the legislative record."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 1, 2491.

Report Title:

Elections; Legislature; Advisory Referendums; Questions; Ballots; General Obligation Bonds

Description:

Authorizes the Legislature to adopt any Concurrent Resolution to propose a non-binding advisory referendum question concerning the issuance of general obligation bonds to the people, who may vote on the question during any general election.  Imposes notice, certification, and reporting requirements on the Chief Election Officer.  Requires a written explanation for any legislative acts that are contrary to the reported majority vote on the advisory referendum question to be reflected in the legislative record.  Effective 1/1/2491.  (SD1)

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

A BILL FOR AN ACT

RELATING TO ADVISORY REFERENDUMS.

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

     SECTION 1.  Chapter 11, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§11-     Advisory referendums.  (a)  The legislature may adopt any concurrent resolution to propose a non-binding advisory referendum question to the people, who may vote on the question during any general election.  The legislature may determine what subject matters are appropriate for referendum.  No concurrent resolution adopted pursuant to this section shall embrace more than one referendum question.

     (b)  The chief election officer shall publish a notice of each advisory referendum question in a newspaper of general circulation in the State at least thirty days before the date of the advisory referendum.  The notice of the advisory referendum shall also be available at all public libraries in the State and the office of the clerk of each county.

     (c)  Each advisory referendum question shall be printed on the ballot and the question shall have a designated space to mark "yes" or "no".

     (d)  Except as provided in subsection (e), advisory referendum questions that appear on a ballot shall be collectively placed under a single heading that includes a statement that reads as follows:

     "This section of the ballot enables voters to make recommendations advising the legislature whether or not to take action on the questions posed.  Regardless of the outcome of the votes on these questions, further action by the legislature is necessary for any recommendation to become law."

     (e)  The chief election officer may make grammatical changes to the statement required by subsection (d) if a single advisory referendum question appears on any ballot.

     (f)  The chief election officer shall certify and report to the public the general election results regarding any advisory referendum question at or about the same time of the release of other results for the same general election.  The chief election officer shall also report to the legislature the general election results regarding any advisory referendum question no less than twenty days before the convening of the first regular session that follows the general election."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Elections; Legislature; Advisory Referendums; Questions; Ballots

Description:

Authorizes the Legislature to adopt any Concurrent Resolution to propose a non-binding advisory referendum question to the people, who may vote on the question during any general election.  Imposes notice, certification, and reporting requirements on the Chief Election Officer.

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

STAND. COM. REP. NO. 462

Honolulu, Hawaii

RE:    S.B. No. 1031

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Government Operations, to which was referred S.B. No. 1031 entitled:

"A BILL FOR AN ACT RELATING TO ADVISORY REFERENDUMS,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Authorize the Legislature to adopt any Concurrent Resolution to propose a non-binding advisory referendum question to the people, who may vote on the question during any general election; and

     (2)  Impose notice, certification, and reporting requirements on the Chief Election Officer.

     Your Committee received testimony in support of this measure from the League of Women Voters of Hawaii.

     Your Committee received testimony in opposition to this measure from numerous individuals.

     Your Committee finds that the function of the state government is to provide for, express, and safeguard the will of the people.  Advisory referendums allow large numbers of people to voice their opinions explicitly and efficiently.  By allowing non‑binding advisory referendums, this measure opens another important avenue of communication between the government and residents to facilitate effective policymaking that more accurately reflects the values of the State's population.

     Your Committee has amended this measure by:

     (1)  Inserting language specifying that the subject of the non-binding advisory referendum question shall be limited to the issuance of general obligation bonds;

     (2)  Requiring the Legislature to consider the general election results of relevant advisory referendum questions when authorizing the issuance of general obligation bonds;

     (3)  Allowing the Legislature to act in contradiction to the results; provided that a written explanation of the legislative act that is contrary to the reported majority vote on the advisory referendum question is reflected in the legislative record;

     (4)  Inserting an effective date of January 1, 2491, to encourage further discussion; and

     (5)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     Your Committee notes the concerns expressed in opposing testimony that this measure may be significantly costly and confuse the electorate.  Your Committee finds that these issues raise concerns that merit further consideration and respectfully requests that subsequent Committees to which this measure is referred examine the potential fiscal, administrative, and legal implications of implementing this measure, as amended.

     As affirmed by the record of votes of the members of your Committee on Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1031, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1031, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Government Operations,