SB 2265: Constitutional Amendment; Initiative; Referendum

A BILL FOR AN ACT

Proposing amendments to the Hawaii State Constitution to enable legislation by the people.

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

     SECTION 1.  The legislature finds that reserving the powers of initiative and referendum to the people provides a check on legislative power and increases direct public participation in state governance.

     Accordingly, the purpose of this Act is to amend the Hawaii State Constitution to provide for initiative and referendum.

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

"INITIATIVE AND REFERENDUM

     Section   .  Voters shall have the power, as provided by law, to propose statutory amendments and constitutional amendments through the initiative process, and to give final approval to a bill through a referendum process if the bill has passed the legislature.  The initiative and referendum power shall not extend to any statute authorizing or repealing the levy of taxes, the appropriation of money, the issuance of bonds, the salaries of state employees or officers or any matter governed by collective bargaining contracts.

     The legislature may enact laws to facilitate the initiative and referendum processes; provided that the laws do not unduly burden the public's right to petition."

     SECTION 3.  Article III, section 1, of the Constitution of the State of Hawaii is amended to read as follows:

"LEGISLATIVE POWER

     Section 1.  [The] Except for initiative and referendum, the legislative power of the State shall be vested in a legislature, which shall consist of two houses, a senate and a house of representatives.  Such power shall extend to all rightful subjects of legislation not inconsistent with this constitution or the Constitution of the United States."

     SECTION 4.  Article III, section 14, of the Constitution of the State of Hawaii is amended to read as follows:

"BILLS; ENACTMENT

     Section 14.  No law shall be passed except by bill[.] enacted by the legislature or by initiative or referendum.  Each law shall embrace but one subject, which shall be expressed in its title.  The enacting clause of each law shall be, "Be it enacted by the legislature of the State of Hawaii.""

     SECTION 5.  Article III, section 16, of the Constitution of the State of Hawaii is amended to read as follows:

"APPROVAL OR VETO

     Section 16.  Every bill which shall have passed the legislature shall be certified by the presiding officers and clerks of both houses and shall thereupon be presented to the governor.  If the governor approves it, the governor shall sign it and it shall become law.  If the governor does not approve such bill, the governor may return it, with the governor's objections to the legislature.  Except for items appropriated to be expended by the judicial and legislative branches, the governor may veto any specific item or items in any bill which appropriates money for specific purposes by striking out or reducing the same; but the governor shall veto other bills, if at all, only as a whole.

     No bill enacted by initiative or referendum shall be subject to veto by the governor.

     The governor shall have ten days to consider bills presented to the governor ten or more days before the adjournment of the legislature sine die, and if any such bill is neither signed nor returned by the governor within that time, it shall become law in like manner as if the governor had signed it.

RECONSIDERATION AFTER ADJOURNMENT

     The governor shall have forty-five days, after the adjournment of the legislature sine die, to consider bills presented to the governor less than ten days before such adjournment, or presented after adjournment, and any such bill shall become law on the forty-fifth day unless the governor by proclamation shall have given ten days' notice to the legislature that the governor plans to return such bill with the governor's objections on that day.  The legislature may convene at or before noon on the forty-fifth day in special session, without call, for the sole purpose of acting upon any such bill returned by the governor.  In case the legislature shall fail to so convene, such bill shall not become law.  Any such bill may be amended to meet the governor's objections and, if so amended and passed, only one reading being required in each house for such passage, it shall be presented again to the governor, but shall become law only if the governor shall sign it within ten days after presentation.

     In computing the number of days designated in this section, the following days shall be excluded:  Saturdays, Sundays, holidays and any days in which the legislature is in recess prior to its adjournment as provided in section 10 of this article."

     SECTION 6.  Article XVII, section 1, of the Constitution of the State of Hawaii is amended to read as follows:

"METHODS OF PROPOSAL

     Section 1.  Revisions of or amendments to this constitution may be proposed by constitutional convention [or], by the legislature[.] or through initiative or referendum."

     SECTION 7.  Article XVII, section 4, of the Constitution of the State of Hawaii is amended to read as follows:

"VETO

     Section 4.  No proposal for amendment of the constitution adopted in either manner provided by this article or by initiative or referendum shall be subject to veto by the governor."

     SECTION 8.  Article XVII, section 5, of the Constitution of the State of Hawaii is amended to read as follows:

"CONFLICTING REVISIONS OR AMENDMENTS

     Section 5.  If a revision or amendment proposed by a constitutional convention is in conflict with a revision or amendment proposed by the legislature and both are submitted to the electorate at the same election and both are approved, then the revision or amendment proposed by the convention shall prevail.  If a revision or amendment proposed by the legislature is in conflict with the revision or amendment proposed by the people by initiative or referendum and both are approved, then the initiative or referendum shall prevail.  If conflicting revisions or amendments are proposed by the same body and are submitted to the electorate at the same election and both are approved, then the revision or amendment receiving the highest number of votes shall prevail."

     SECTION 9.  The question to be printed on the ballot shall be as follows:

"Shall the Hawaii State Constitution be amended to reserve to the voters the powers of initiative and referendum, which would allow a law to be proposed for enactment or a law passed by the legislature to be suspended and submitted for a statewide vote upon the petition of a designated number of registered voters?"

     SECTION 10.  Constitutional material to be repealed is bracketed and stricken.  New constitutional material is underscored.

     SECTION 11.  This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

Report Title:

Constitutional Amendment; Initiative; Referendum

Description:

Proposes a constitutional amendment to provide for initiative and referendum.

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