SB 1238: PROPOSING TO AMEND THE CONSTITUTION OF THE STATE OF HAWAII TO MAKE INCUMBENT LEGISLATORS TEMPORARILY INELIGIBLE FOR SERVICE BASED ON THE SIZE OF THE NATIVE HAWAIIAN POPULATION.

A BILL FOR AN ACT

PROPOSING TO AMEND THE CONSTITUTION OF THE STATE OF HAWAII TO MAKE INCUMBENT LEGISLATORS TEMPORARILY INELIGIBLE FOR SERVICE BASED ON THE SIZE OF THE NATIVE HAWAIIAN POPULATION.

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

     SECTION 1.  The legislature finds that legislators should be actively engaged in addressing the concerns of Native Hawaiians, one of which is the cost of living, which greatly affects the ability of Native Hawaiians to remain in the State.  The legislature believes that if significant numbers of Native Hawaiians leave the State, then legislators have not done their jobs, and their constituents should be allowed to reevaluate their elected officials' fulfillment of their duties.

     The purpose of this Act is to propose to amend the Constitution of the State of Hawaii to provide that if a United States census shows that the state Native Hawaiian population decreased by no less than five per cent since the prior United States census, all state legislators in office at the time of the release of the latter census shall be ineligible to serve in any state legislative office for one term, which shall be the first term of the applicable legislative office that begins after the release of the latter census.

     SECTION 2.  Article III of the Constitution of the State of Hawaii is amended by adding a new section to be appropriately designated and to read as follows:

"TEMPORARY INELIGIBILITY BASED ON DECREASE IN THE

NATIVE HAWAIIAN POPULATION

     Section   .  Notwithstanding any other provision of this constitution or any other law to the contrary, if a United States census shows that the state Native Hawaiian population decreased by no less than five percent since the prior United States census, all state legislators in office at the time of the release of the latter census shall be ineligible to serve in any state legislative office for one term, which shall be the first term of the applicable legislative office that begins after the release of the latter census."

     SECTION 3.  The question to be printed on the ballot shall be as follows:

          "Shall the Constitution of the State of Hawaii be amended to provide that if a United States census shows that the state Native Hawaiian population decreased by no less than five percent since the prior United States census, all state legislators in office at the time of the release of the latter census shall be ineligible to serve in any state legislative office for one term, which shall be the first term of the applicable legislative office that begins after the release of the latter census?"

     SECTION 4.  New constitutional material is underscored.

     SECTION 5.  This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

Report Title:

Constitutional Amendment; Legislators; Ineligibility; Native Hawaiians

Description:

Proposes to amend the Constitution of the State of Hawaii to provide that if a United States census shows that the state Native Hawaiian population decreased by no less than 5% since the prior United States census, all state legislators in office at the time of the release of the latter census shall be ineligible to serve in any state legislative office for 1 term, which shall be the 1st term of the applicable legislative office that begins after the release of the latter census.

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