SB 1594: PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 4, OF THE HAWAII STATE CONSTITUTION TO ESTABLISH LEGISLATIVE TERM LIMITS.

A BILL FOR AN ACT

PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 4, OF THE HAWAII STATE CONSTITUTION TO ESTABLISH LEGISLATIVE TERM LIMITS.

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

     SECTION 1.  The legislature finds that at least fifteen states have legislative term limits, which range from six to twelve years.  Although the backing for enacting legislative term limits does have merit in certain circumstances, to promote fairness and equity between separate and co-equal branches of government, any term limits for legislators should be longer than the term limit of the governor of the applicable state.

     Because the governor is subject to a term limit of two consecutive full terms, or eight years, enacting similar legislative term limits for legislators in Hawaii would weaken state legislators and strengthen the governor due to the governor and the administration's broad constitutional, statutory, and rule-making powers.  For example, the governor already has widespread authority and discretion through the executive branch; the governor has considerable budget powers, including restricting funds; and there is no elected state treasurer, attorney general, or secretary of state, as is the case in most states.  To maintain a modicum of balance of powers in Hawaii between the legislative and executive branch of government, legislative term limits should be longer than the governor's term limit.

     The legislature further finds that of the fifteen states that have legislative term limits, Arizona, Colorado, Florida, Maine, Missouri, Montana, Ohio, and South Dakota have sixteen-year limits -- a maximum of eight years in their respective house of representatives and eight years in their respective senates.

     The purpose of this Act is to propose an amendment to article III, section 4, of the Hawaii State Constitution to limit the number of years persons may serve in the legislature to a maximum of sixteen years in the house of representatives or senate, or both.

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

"ELECTION OF MEMBERS; TERM

    Section 4.  Each member of the legislature shall be elected at an election.  If more than one candidate has been nominated for election to a seat in the legislature, the member occupying that seat shall be elected at a general election.  If a candidate nominated for a seat at a primary election is unopposed for that seat at the general election, the candidate shall be deemed elected at the primary election.  The term of office of a member of the house of representatives shall be two years and the term of office of a member of the senate shall be four years.  Members of the legislature shall be limited to serving a total of sixteen years, regardless of whether the years were served entirely in the house of representatives or in the senate, or partially in both.  The term of a member of the legislature shall begin on the day of the general election at which elected or if elected at a primary election, on the day of the general election immediately following the primary election at which elected.  For a member of the house of representatives, the term shall end on the day of the general election immediately following the day the member's term commences.  For a member of the senate, the term shall end on the day of the second general election immediately following the day the member's term commences."

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

     "Should the Hawaii State Constitution be amended to limit the number of years a member may serve in the Hawaii State Legislature to a maximum of sixteen years, regardless of whether the member exclusively served in the House of Representatives or in the Senate or the member served in both chambers?"

     SECTION 4.  Constitutional material to be repealed is bracketed and stricken.  New constitutional material is underscored.

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

Report Title:

Legislative Term Limits; Constitutional Amendment

Description:

Proposes a constitutional amendment to limit the number of years members may serve in the Legislature to a maximum of sixteen years.

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