Report Title:
Unicameral Legislature
Description:
Proposes constitutional amendments to provide for a unicameral legislature to be known as the house of representatives commencing after the general election in November, 2008, consisting of 51 members serving 4-year terms.
THE SENATE |
S.B. NO. |
126 |
TWENTY-FOURTH LEGISLATURE, 2007 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
PROPOSING AMENDMENTS TO THE CONSTITUTION OF THE STATE OF HAWAII TO PROVIDE FOR A UNICAMERAL LEGISLATURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Currently, the state legislature is comprised of two houses that operate independently. This bicameral legislative structure provides a system of checks and balances to facilitate legislative deliberation, provide safeguards against the passage of carelessly drafted legislation, and promote openness in government by affording citizens more opportunities to express their opinions. In recent years, however, the system has become extremely cumbersome and inefficient.
The existing bicameral system is replete with duplication in committee structure, staffing, and legislation introduced. Procedures and policies differ, sometimes substantially, between the two houses, making it time-consuming, confusing, and more difficult for citizen participation. Moreover, the two houses often take diametrically-opposed positions on significant issues, typically resulting in inaction or in important and controversial decisions being made in conference committees, where special interests can be more effective than in the more open, deliberative processes of the standing committees.
A unicameral legislature would eliminate unnecessary duplication and would provide better citizen access to the legislative process. Conversion to a unicameral system would result in immediate cost-savings as the total number of legislators, staffing, and legislative measures would decrease.
The purpose of this Act is to amend the Constitution of the State of Hawaii to:
(1) Change the legislature from a bicameral legislature with a house of representatives and a senate to a unicameral legislature with only one chamber, to be known as the house of representatives, commencing after the general election in November, 2008;
(2) Change the total number of legislators from seventy-six to fifty-one representatives representing fifty-one single-member districts, who serve staggered terms of four years each; and to
(3) Change the composition of the reapportionment commission to require four members to be appointed by the speaker and minority leader of the house of representatives, with appointees choosing the ninth member.
SECTION 2. Article III of the Constitution of the State of Hawaii is amended to read as follows:
"ARTICLE III
THE
[LEGISLATURE] HOUSE OF REPRESENTATIVES
LEGISLATIVE POWER
Section 1. [The]
Commencing after the general election in November, 2008, the legislative
power of the State shall be vested in a legislature, which shall consist of [two
houses, a senate and a] one chamber and which shall be known as the
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.
[COMPOSITION
OF SENATE
Section 2.
The senate shall be composed of twenty-five members, who shall be elected by
the qualified voters of the respective senatorial districts. Until the next
reapportionment the senatorial districts and the number of senators to be
elected from each shall be as set forth in the Schedule.]
COMPOSITION OF HOUSE OF REPRESENTATIVES
Section [3.]
2. The house of representatives shall be composed of fifty‑one
members, who shall be elected by the qualified voters of the respective single-member
representative districts. [Until the next reapportionment, the] The
representative districts [and the number of representatives to be elected
from each] shall be as set forth [in the Schedule.] by the
reapportionment commission.
ELECTION OF MEMBERS; TERM
Section [4.]
3. Each member of the [legislature] house of
representatives shall be elected at an election. If more than one
candidate has been nominated for election to a seat in the [legislature,]
house of representatives, 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[.];
provided that of the representatives elected to the term commencing after the
general election in November, 2008, the members of the house of representatives
shall serve staggered terms of office as provided in Article IV, Section 7 of
this constitution. The term of a member of the [legislature] house
of representatives shall [begin]:
(1) 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 terms 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]; and
(2) End on the day of the second general election immediately following the day the member's term commences.
VACANCIES
Section [5.]
4. Any vacancy in the [legislature] house of
representatives shall be filled for the unexpired term in such manner as
may be provided by law, or, if no provision be made by law, by appointment by
the governor for the unexpired term.
QUALIFICATIONS OF MEMBERS
Section [6.]
5. [No person shall be
eligible to serve as a member of the senate unless the person has been a
resident of the State for not less than three years, has attained the age of
majority and is, prior to filing nomination papers and thereafter continues to
be, a qualified voter of the senatorial district from which the person seeks to
be elected; except that in the year of the first general election following
reapportionment, but prior to the primary election, an incumbent senator may
move to a new district without being disqualified from completing the remainder
of the incumbent senator's term. No person shall be eligible to serve as a
member of the house of representatives unless the person has been a resident of
the State for not less than three years, has attained the age of majority and
is, prior to filing nomination papers and thereafter continues to be, a
qualified voter of the representative district from which the person seeks to
be elected; except that in the year of the first general election following
reapportionment, but prior to the primary election, an incumbent representative
may move to a new district without being disqualified from completing the
remainder of the incumbent representative's term.] No person shall be eligible to serve as a
member of the house of representatives unless the person shall have been a
resident of the State for not less than three years, have attained the age of
majority and be a qualified voter of the representative district from which the
person seeks to be elected; except that in the year of the first general election
following reapportionment, but prior to the primary election, an incumbent
representative may move to a new district without being disqualified from
completing the remainder of the incumbent representative's term.
PRIVILEGES OF MEMBERS
Section [7.]
6. No member of the [legislature] house of
representatives shall be held to answer before any other tribunal for any
statement made or action taken in the exercise of the member's legislative
functions; and members of the [legislature shall,] house of representatives,
in all cases except felony or breach of the peace, shall be privileged
from arrest during their attendance at the sessions of [their respective
houses,] the house of representatives and in going to and returning
from the same.
DISQUALIFICATIONS OF MEMBERS
Section [8.]
7. No member of the [legislature] house of
representatives shall hold any other public office under the State, nor
shall the member, during the term for which the member is elected or appointed,
be elected or appointed to any public office or employment which shall have
been created, or the emoluments whereof shall have been increased, by
legislative act during such term. The term "public offices," for the
purposes of this section, shall not include notaries public, reserve police
officers or officers of emergency organizations for civilian defense or
disaster relief. The [legislature] house of representatives may
prescribe further disqualifications.
LEGISLATIVE ALLOWANCE
Section [9.]
8. The members of the [legislature] house of
representatives shall receive allowances reasonably related to expenses as
provided by law."
SESSIONS
Section [10.]
9. The [legislature] house of representatives shall
convene annually in regular session at 10:00 o'clock a.m. on the third
Wednesday in January.
[At the written request of
two‑thirds of the members to which each house is entitled, the presiding
officers of both houses shall convene the legislature in special session.]
At the written request of two‑thirds of all of the members of the [senate,
the president of the senate] house of representatives, the speaker
shall convene the [senate] house of representatives in special
session for the purpose of carrying out its responsibility established by
Section 3 of Article VI[.] or for other legislative business.
The governor may convene [both houses or] the [senate alone] house
of representatives in special session.
Regular sessions shall be
limited to a period of sixty days, and special sessions shall be limited to a
period of thirty days. Any session may be extended a total of not more than
fifteen days. Such extension shall be granted by the [presiding officers of
both houses] speaker of the house of representatives at the written
request of two-thirds of all of the members [to which each house is
entitled] of the house of representatives or may be granted by the
governor.
Each regular session shall be
recessed for not less than five days at some period between the twentieth and
fortieth days of the regular session. The [legislature] house of
representatives shall determine the dates of the mandatory recess by [concurrent]
resolution. Any session may be recessed by [concurrent] resolution
adopted by a majority of all of the members [to which each house is
entitled.] of the house of representatives. Saturdays, Sundays,
holidays, the days in mandatory recess and any days in recess pursuant to a [concurrent]
resolution shall be excluded in computing the number of days of any session.
All sessions shall be held in the capital of the State. In case the capital shall be unsafe, the governor may direct that any session be held at some other place.
[ADJOURNMENT
Section 11.
Neither house shall adjourn during any session of the legislature for more than
three days, or sine die, without the consent of the other.]
ORGANIZATION; DISCIPLINE; RULES; PROCEDURE
Section [12.]
10. [Each house] The house of representatives shall
be the judge of the elections, returns and qualifications of its [own]
members and shall have, for misconduct, disorderly behavior or neglect of duty
of any member, power to punish such member by censure or, upon a two-thirds
vote of all the members [to which such house is entitled,] of the
house of representatives, by suspension or expulsion of such member. [Each
house] The house of representatives shall choose its [own]
officers, determine the rules of its proceedings and keep a journal. The ayes
and noes of the members on any question [shall], at the desire of
one-fifth of the members present, shall be entered upon the journal.
Twenty days after a bill has
been referred to a committee in [either house,] the house of
representatives, the bill may be recalled from [such] that
committee by the affirmative vote of one-third of all of the members [to
which such house is entitled.] of the house of representatives.
Every meeting or hearing
of a committee in [either house or of a committee comprised of a member or
members from both houses] the house of representatives held for the
purpose of making decision on matters referred to the committee shall be open
to the public.
By rule of its proceedings, [applicable
to both houses, each house] the house of representatives shall
provide for the date by which all bills to be considered in a regular session
shall be introduced.
QUORUM; COMPULSORY ATTENDANCE
Section [13.]
11. A majority of [the number of] all of the members
[to which each house is entitled] of the house of representatives
shall constitute a quorum [of such house] for the conduct of ordinary
business, of which quorum a majority vote shall suffice; but the final passage
of a bill in [each house] the house of representatives shall
require the vote of a majority of all the members [to which such house is
entitled,] of the house of representatives, taken by ayes and noes
and entered upon its journal. A smaller number than a quorum may adjourn from
day to day and may compel the attendance of absent members in such manner and
under such penalties as [each house] the house of representatives
may provide.
BILLS; ENACTMENT
Section [14.]
12. No law shall be passed except by bill. 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] house of
representatives of the State of Hawaii."
PASSAGE OF BILLS
Section [15.]
13. No bill shall become law unless it shall pass three readings in
[each house] the house of representatives on separate days. No
bill shall pass third or final reading [in either house] unless printed
copies of the bill in the form to be passed shall have been made available to
the members of [that house] the house of representatives for at
least forty-eight hours.
[Every bill when passed by
the house in which it originated, or in which amendments thereto shall have
originated, shall immediately be certified by the presiding officer and clerk
and sent to the other house for consideration.
Any bill pending at the final
adjournment of a regular session in an odd-numbered year shall carry over with
the same status to the next regular session. [Before the carried- over bill
is enacted, it shall pass at least one reading in the house in which the bill
originated.]
APPROVAL OR VETO
Section [16.]
14. Every bill which shall have passed the [legislature] house
of representatives shall be certified by the [presiding officers and
clerks of both houses] speaker and the clerk of the house of
representatives 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.] house of representatives.
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.
The governor shall have ten
days to consider bills presented to the governor ten or more days before the
adjournment of the [legislature] house of representatives 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] house of
representatives 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] house
of representatives that the governor plans to return such bill with the
governor's objections on that day. The [legislature] house of
representatives 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] house of
representatives 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] the
house of representatives 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] house
of representatives is in recess prior to its adjournment as provided in
section 10 of this article.
PROCEDURES UPON VETO
Section [17.]
15. Upon the receipt of a veto message from the governor, [each
house] the house of representatives shall enter the same at large
upon its journal and proceed to reconsider the vetoed bill, or the item or
items vetoed, and again vote upon such bill, or such item or items, by ayes and
noes, which shall be entered upon its journal. If after such reconsideration
such bill, or such item or items, shall be approved by a two-thirds vote of all
of the members [to which each house is entitled,] of the house
of representatives, the same shall become law.
PUNISHMENT OF NONMEMBERS
Section [18. Each
house] 16. The house of representatives may punish by
fine, or by imprisonment not exceeding thirty days, any person not a member of
[either house] the house of representatives who shall be guilty
of disrespect of [such house] the house of representatives by any
disorderly or contemptuous behavior in its presence or that of any committee
thereof; or who [shall], on account of the exercise of any legislative
function, shall threaten harm to the body or estate of any of the
members of [such house;] the house of representatives; or who
shall assault, arrest or detain any witness or other person ordered to attend [such
house,] the house of representatives, on the witness' or other
person's way going to or returning therefrom; or who shall rescue any person
arrested by order of [such house.] the house of representatives.
Any person charged with such an offense shall be informed in writing of the charge made against the person and have opportunity to present evidence and be heard in the person's own defense.
IMPEACHMENT
Section [19.]
17. The governor and lieutenant governor, and any appointive
officer for whose removal the consent of the [senate] house of
representatives is required, may be removed from office upon conviction of
impeachment for such causes as may be provided by law.
The house of representatives
shall have the sole power of impeachment of the governor and lieutenant
governor and [the senate] the sole power to try such impeachments, and
no such officer shall be convicted without the concurrence of two-thirds of the
members of the [senate.] house of representatives. When sitting
for that purpose, the members of the [senate] house of
representatives shall be on oath or affirmation and the chief justice shall
preside. Subject to [the provisions of] this paragraph, the [legislature]
house of representatives may provide for the manner and procedure of
removal by impeachment of such officers.
The [legislature] house
of representatives shall by law provide for the manner and procedure of
removal by impeachment of the appointive officers.
Judgments in cases of impeachment shall not extend beyond removal from office and disqualification to hold and enjoy any office of honor, trust or profit under the State; but the person convicted may nevertheless be liable and subject to indictment, trial, judgment and punishment as provided by law."
SECTION 3. Article IV, section 1, of the Constitution of the State of Hawaii is amended to read as follows:
"REAPPORTIONMENT YEARS
Section 1. The year [1973,
the year 1981,] 2005 and every tenth year thereafter shall be
reapportionment years."
SECTION 4. Article IV, section 2, of the Constitution of the State of Hawaii is amended to read as follows:
"REAPPORTIONMENT COMMISSION
Section 2. A
reapportionment commission shall be constituted on or before May 1 of each
reapportionment year and whenever reapportionment is required by court order.
The commission shall consist of nine members. The [president of the senate
and the] speaker of the house of representatives and the minority leader
shall each select [two] four members. [Members of each house
belonging to the party or parties different from that of the president or the
speaker shall designate one of their number for each house and the two so
designated shall each select two members of the commission.] The eight
members so selected, promptly after selection, shall be certified by the
selecting authorities to the chief election officer and within thirty days
thereafter, shall select, by a vote of six members, and promptly certify to the
chief election officer the ninth member who shall serve as chairperson of the
commission.
Each of the four officials designated above as selecting authorities for the eight members of the commission, at the time of the commission selections, shall also select one person from each basic island unit to serve on an apportionment advisory council for that island unit. The councils shall remain in existence during the life of the commission and each shall serve in an advisory capacity to the commission for matters affecting its island unit.
A vacancy in the commission or a council shall be filled by the initial selecting authority within fifteen days after the vacancy occurs. Commission and council positions and vacancies not filled within the times specified shall be filled promptly thereafter by the supreme court.
The commission shall act by majority vote of its membership and shall establish its own procedures, except as may be provided by law.
Not more than one hundred
fifty days from the date on which its members are certified, the commission
shall file with the chief election officer a reapportionment plan for the state
[legislature] house of representatives and a reapportionment plan
for the United States congressional districts which shall become law after
publication as provided by law. Members of the commission shall hold office
until each reapportionment plan becomes effective or until such time as may be
provided by law.
No member of the
reapportionment commission or an apportionment advisory council shall be
eligible to become a candidate for election to [either house of] the [legislature]
state house of representatives or to the United States House of
Representatives in either of the first two elections under any such
reapportionment plan.
Commission and apportionment advisory council members shall be compensated and reimbursed for their necessary expenses as provided by law.
The chief election officer
shall be secretary of the commission without vote and, under the direction of
the commission, shall furnish all necessary technical services. The [legislature]
house of representatives shall appropriate funds to enable the
commission to carry out its duties."
SECTION 5. Article IV, section 4, of the Constitution of the State of Hawaii is amended to read as follows:
"APPORTIONMENT AMONG BASIC ISLAND UNITS
Section 4. The
commission shall allocate the total number of members of [each house of]
the state [legislature] house of representatives being
reapportioned among the four basic island units, namely: (1) the island of
Hawaii, (2) the islands of Maui, Lanai, Molokai and Kahoolawe, (3) the island
of Oahu and all other islands not specifically enumerated, and (4) the islands
of Kauai and Niihau, using the total number of permanent residents in each of
the basic island units and computed by the method known as the method of equal
proportions; except that no basic island unit shall receive less than one
member [in each house]."
SECTION 6. Article IV, section 5, of the Constitution of the State of Hawaii is repealed.
[MINIMUM
REPRESENTATION FOR BASIC ISLAND UNITS
Section 5.
The representation of any basic island unit initially allocated less than a
minimum of two senators and three representatives shall be augmented by
allocating thereto the number of senators or representatives necessary to
attain such minimums which number, notwithstanding the provisions of Sections 2
and 3 of Article III shall be added to the membership of the appropriate body
until the next reapportionment. The senators or representatives of any basic
island unit so augmented shall exercise a fractional vote wherein the numerator
is the number initially allocated and the denominator is the minimum above
specified.]
SECTION 7. Article IV, section 6, of the Constitution of the State of Hawaii is amended to read as follows:
"APPORTIONMENT WITHIN BASIC ISLAND UNITS
Section [6.]
5. Upon the determination of the total number of members of [each
house of] the state [legislature] house of representatives to
which each basic island unit is entitled, the commission shall apportion the
members among the districts therein and shall redraw district lines where
necessary in such manner that for each house the average number of permanent
residents per member in each district is as nearly equal to the average for the
basic island unit as practicable.
In effecting such redistricting, the commission shall be guided by the following criteria:
1. No district shall extend beyond the boundaries of any basic island unit.
2. No district shall be so drawn as to unduly favor a person or political faction.
3. Except in the case of districts encompassing more than one island, districts shall be contiguous.
4. Insofar as practicable, districts shall be compact.
5. Where possible, district lines shall follow permanent and easily recognized features, such as streets, streams and clear geographical features, and, when practicable, shall coincide with census tract boundaries.
[6. Where practicable,
representative districts shall be wholly included within senatorial districts.
7.] 6. Not
more than [four members] one member shall be elected from any
district.
[8.] 7. Where
practicable, submergence of an area in a larger district wherein substantially
different socio-economic interests predominate shall be avoided."
SECTION 8. Article IV, section 7, of the Constitution of the State of Hawaii is amended to read as follows:
"ELECTION
OF [SENATORS] REPRESENTATIVES
AFTER REAPPORTIONMENT
Section [7.]
6. Regardless of whether or not a [senator] representative
is serving a term which would have extended past the general election at which
an apportionment plan becomes effective, the term of office of all [senators]
representatives shall end at that general election. The staggered terms
of [senators] representatives in each district shall be
recomputed as established by the next section in this article, and the number
of [senators] representatives in a [senatorial] representative
district under the reapportionment plan of the commission."
SECTION 9. Article IV, section 8, of the Constitution of the State of Hawaii is amended to read as follows:
"STAGGERED
TERMS FOR THE [SENATE]
HOUSE OF REPRESENTATIVES
Section [8.]
7. Any re-elected [senator] representative whose
prior term was shortened to two years by the occurrence of the reapportionment
year [shall], after reapportionment, shall be assigned to serve a
four-year term. Any new [senator] representative and re-elected
[senator] representative whose prior term was not shortened by
the occurrence of the reapportionment year [shall], after
reapportionment, shall be assigned to serve a two-year term.
If the number of [senators]
representatives assigned to serve a two-year term under the previous
paragraph exceeds [twelve,] twenty-five, the number of such [senators]
representatives shall be reduced to [twelve] twenty-five
by random selection as provided by law."
SECTION 10. Article V, section 6, of the Constitution of the State of Hawaii is amended to read as follows:
"EXECUTIVE AND ADMINISTRATIVE OFFICES
AND DEPARTMENTS
Section 6. All executive and administrative offices, departments and instrumentalities of the state government and their respective powers and duties shall be allocated by law among and within not more than twenty principal departments in such a manner as to group the same according to common purposes and related functions. Temporary commissions or agencies for special purposes may be established by law and need not be allocated within a principal department.
Each principal department
shall be under the supervision of the governor and, unless otherwise provided
in this constitution or by law, shall be headed by a single executive. Such
single executive shall be nominated and, by and with the advice and consent of
the [senate,] house of representatives, appointed by the
governor. That person shall hold office for a term to expire at the end of the
term for which the governor was elected, unless sooner removed by the governor;
except that the removal of the chief legal officer of the State shall be
subject to the advice and consent of the [senate.] house of
representatives.
Except as otherwise provided
in this constitution, whenever a board, commission or other body shall be the
head of a principal department of the state government, the members thereof
shall be nominated and, by and with the advice and consent of the [senate,]
house of representatives, appointed by the governor. The term of office
and removal of such members shall be as provided by law. Such board,
commission or other body may appoint a principal executive officer who, when
authorized by law, may be an ex officio, voting member thereof, and who may be
removed by a majority vote of the members appointed by the governor.
The governor shall nominate
and, by and with the advice and consent of the [senate,] house of
representatives, appoint all officers for whose election or appointment
provision is not otherwise provided for by this constitution or by law. If the
manner or removal of an officer is not prescribed in this constitution, removal
shall be as provided by law.
When the [senate] house
of representatives is not in session and a vacancy occurs in any office,
appointment to which requires the confirmation of the [senate,] house
of representatives, the governor may fill the office by granting a
commission which shall expire, unless such appointment is confirmed, at the end
of the next session of the [senate.] house of representatives.
The person so appointed shall not be eligible for another interim appointment
to such office if the appointment failed to be confirmed by the [senate.]
house of representatives.
No person who has been
nominated for appointment to any office and whose appointment has not received
the consent of the [senate] house of representatives shall be
eligible to an interim appointment thereafter to such office.
Every officer appointed under
[the provisions of] this section shall be a citizen of the United States
and shall have been a resident of this State for at least one year immediately
preceding that person's appointment, except that this residency requirement
shall not apply to the president of the University of Hawaii."
SECTION 11. Article VI, section 3, of the Constitution of the State of Hawaii is amended to read as follows:
"APPOINTMENT OF JUSTICES AND JUDGES
Section 3. The
governor, with the consent of the [senate,] house of representatives,
shall fill a vacancy in the office of the chief justice, supreme court,
intermediate appellate court and circuit courts, by appointing a person from a
list of not less than four, and not more than six, nominees for the vacancy,
presented to the governor by the judicial selection commission.
If the governor fails to make
any appointment within thirty days of presentation, or within ten days of the [senate's]
house of representatives' rejection of any previous appointment, the
appointment shall be made by the judicial selection commission from the list
with the consent of the [senate.] house of representatives. If
the [senate] house of representatives fails to reject any
appointment within thirty days thereof, it shall be deemed to have given its
consent to such appointment. If the [senate] house of
representatives shall reject any appointment, the governor shall make
another appointment from the list within ten days thereof. The same
appointment and consent procedure shall be followed until a valid appointment
has been made, or failing this, the commission shall make the appointment from
the list, without [senate] the consent[.] of the house
of representatives.
The chief justice, with the
consent of the [senate,] house of representatives, shall fill a
vacancy in the district courts by appointing a person from a list of not less
than six nominees for the vacancy presented by the judicial selection
commission. If the chief justice fails to make the appointment within thirty
days of presentation, or within ten days of the [senate's] house of
representatives' rejection of any previous appointment, the appointment
shall be made by the judicial selection commission from the list with the
consent of the [senate.] house of representatives. The [senate]
house of representatives shall hold a public hearing and vote on each
appointment within thirty days of any appointment. If the [senate] house
of representatives fails to do so, the nomination shall be returned to the
commission and the commission shall make the appointment from the list without
[senate] the consent[.] of the house of
representatives. The chief justice shall appoint per diem district court
judges as provided by law.
QUALIFICATIONS FOR APPOINTMENT
Justices and judges shall be residents and citizens of the State and of the United States, and licensed to practice law by the supreme court. A justice of the supreme court, a judge of the intermediate appellate court and a judge of the circuit court shall have been so licensed for a period of not less than ten years preceding nomination. A judge of the district court shall have been so licensed for a period of not less than five years preceding nomination.
No justice or judge shall, during the term of office, engage in the practice of law, or run for or hold any other office or position of profit under the United States, the State or its political subdivisions.
TENURE; RETIREMENT
The term of office of justices and judges of the supreme court, intermediate appellate court and circuit courts shall be ten years. Judges of district courts shall hold office for the periods as provided by law. At least six months prior to the expiration of a justice's or judge's term of office, every justice and judge shall petition the judicial selection commission to be retained in office or shall inform the commission of an intention to retire. If the judicial selection commission determines that the justice or judge should be retained in office, the commission shall renew the term of office of the justice or judge for the period provided by this section or by law.
Justices and Judges shall be retired upon attaining the age of seventy years. They shall be included in any retirement law of the State."
SECTION 12. Article VI, section 4, of the Constitution of the State of Hawaii is amended to read as follows:
"JUDICIAL SELECTION COMMISSION
Section 4. There
shall be a judicial selection commission that shall consist of nine members.
The governor shall appoint two members to the commission. No more than one of
the two members shall be a licensed attorney. The [president of the senate
and the] speaker of the house of representatives shall [each
respectively] appoint [two] four members to the commission.
The chief justice of the supreme court shall appoint one member to the
commission. Members in good standing of the bar of the State shall elect two
of their number to the commission in an election conducted by the supreme court
or its delegate. No more than four members of the commission shall be licensed
attorneys. At all times, at least one member of the commission shall be a resident
of a county other than the City and County of Honolulu.
The commission shall be selected and shall operate in a wholly nonpartisan manner. After the initial formation of the commission, elections and appointments to the commission shall be for staggered terms of six years each. Notwithstanding the foregoing, no member of the commission shall serve for more than six years on the commission.
Each member of the judicial selection commission shall be a resident of the State and a citizen of the United States. No member shall run for or hold any other elected office under the United States, the State or its political subdivisions. No member shall take an active part in political management or in political campaigns. No member shall be eligible for appointment to the judicial office of the State so long as the person is a member of the judicial commission and for a period of three years thereafter.
No act of the judicial selection commission shall be valid except by concurrence of the majority of its voting members.
The judicial selection commission shall select one of its members to serve as chairperson. The commission shall adopt rules which shall have the force and effect of law. The deliberations of the commission shall be confidential.
The [legislature] house
of representatives shall provide for the staff and operating expenses of
the judicial selection commission in a separate budget. No member of the
judicial selection commission shall receive any compensation for commission
services, but shall be allowed necessary expenses for travel, board and lodging
incurred in the performance of commission duties.
The judicial selection commission shall be attached to the judiciary branch of the state government for purposes of administration."
SECTION 13. Article VII, section 9, of the Constitution of the State of Hawaii is amended to read as follows:
"LEGISLATIVE APPROPRIATIONS; PROCEDURES;
EXPENDITURE CEILING
Section 9. In each
regular session in an odd-numbered year, the [legislature] house of
representatives shall transmit to the governor an appropriation bill or
bills providing for the anticipated total expenditures of the State for the
ensuing fiscal biennium. In such session, no appropriation bill, except bills
recommended by the governor for immediate passage, or to cover the expenses of
the [legislature,] house of representatives, shall be passed on
final reading until the bill authorizing operating expenditures for the ensuing
fiscal biennium, to be known as the general appropriations bill, shall have
been transmitted to the governor.
In each regular session in an
even-numbered year, at such time as may be provided by law, the governor may
submit to the [legislature] house of representatives a bill to
amend any appropriation for operating expenditures of the current fiscal
biennium, to be known as the supplemental appropriations bill, and bills to
amend any appropriations for capital expenditures of the current fiscal
biennium, and at the same time the governor shall submit a bill or bills to provide
for any added revenues or borrowings that such amendments may require. In each
regular session in an even-numbered year, bills may be introduced in the [legislature]
house of representatives to amend any appropriation act or bond
authorization act of the current fiscal biennium or prior fiscal periods. In
any such session in which the [legislature] house of representatives
submits to the governor a supplemental appropriations bill, no other
appropriation bill, except bills recommended by the governor for immediate
passage, or to cover the expenses of the [legislature,] house of
representatives, shall be passed on final reading until such supplemental
appropriations bill shall have been transmitted to the governor.
GENERAL FUND EXPENDITURE CEILING
Notwithstanding any other
provision to the contrary, the [legislature] house of representatives
shall establish a general fund expenditure ceiling which shall limit the rate
of growth of general fund appropriations, excluding federal funds received by
the general fund, to the estimated rate of growth of the State's economy as
provided by law. No appropriations in excess of such ceiling shall be
authorized during any legislative session unless the [legislature shall,]
house of representatives, by a two- thirds vote of [the] its
members [to which each house of the legislature is entitled], shall
set forth the dollar amount and the rate by which the ceiling will be exceeded
and the reasons therefor."
SECTION 14. Article VII, section 10, of the Constitution of the State of Hawaii is amended to read as follows:
"AUDITOR
Section 10. The [legislature,]
house of representatives, by a majority vote of [each house in joint
session,] its members, shall appoint an auditor who shall serve for
a period of eight years and thereafter until a successor shall have been
appointed. The [legislature,] house of representatives, by a
two-thirds vote of [the] its members [in joint session],
may remove the auditor from office at any time for cause. It shall be the duty
of the auditor to conduct post-audits of the transactions, accounts, programs
and performance of all departments, offices and agencies of the State and its
political subdivisions, to certify to the accuracy of all financial statements
issued by the respective accounting officers and to report the auditor's
findings and recommendations to the governor and to the [legislature] house
of representatives at such times as shall be provided by law. The auditor
shall also make such additional reports and conduct such other investigations
as may be directed by the [legislature.] house of representatives."
SECTION 15. Article VII, section 12, of the Constitution of the State of Hawaii is amended to read as follows:
"DEFINITIONS; ISSUANCE OF INDEBTEDNESS
Section 12. For the purposes of this article:
1. The term "bonds" shall include bonds, notes and other instruments of indebtedness.
2. The term "general obligation bonds" means all bonds for the payment of the principal and interest of which the full faith and credit of the State or a political subdivision are pledged and, unless otherwise indicated, includes reimbursable general obligation bonds.
3. The term "net revenues" or "net user tax receipts" means the revenues or receipts derived from:
a. A public undertaking, improvement or system remaining after the costs of operation, maintenance and repair of the public undertaking, improvement or system, and the required payments of the principal of and interest on all revenue bonds issued therefor, have been made; or
b. Any payments or return on security under a loan program or a loan thereunder, after the costs of operation and administration of the loan program, and the required payments of the principal of and interest on all revenue bonds issued therefor, have been made.
4. The term "person" means an individual, firm, partnership, corporation, association, cooperative or other legal entity, governmental body or agency, board, bureau or other instrumentality thereof, or any combination of the foregoing.
5. The term "rates, rentals and charges" means all revenues and other moneys derived from the operation or lease of a public undertaking, improvement or system, or derived from any payments or return on security under a loan program or a loan thereunder; provided that insurance premium payments, assessments and surcharges, shall constitute rates, rentals and charges of a state property insurance program.
6. The term "reimbursable general obligation bonds" means general obligation bonds issued for a public undertaking, improvement or system from which revenues, or user taxes, or a combination of both, may be derived for the payment of the principal and interest as reimbursement to the general fund and for which reimbursement is required by law, and, in the case of general obligation bonds issued by the State for a political subdivision, general obligation bonds for which the payment of the principal and interest as reimbursement to the general fund is required by law to be made from the revenue of the political subdivision.
7. The term "revenue bonds" means all bonds payable from the revenues, or user taxes, or any combination of both, of a public undertaking, improvement, system or loan program and any loan made thereunder and secured as may be provided by law, including a loan program to provide loans to a state property insurance program providing hurricane insurance coverage to the general public.
8. The term "special purpose revenue bonds" means all bonds payable from rental or other payments made to an issuer by a person pursuant to contract and secured as may be provided by law.
9. The term "user tax" means a tax on goods or services or on the consumption thereof, the receipts of which are substantially derived from the consumption, use or sale of goods and services in the utilization of the functions or services furnished by a public undertaking, improvement or system; provided that mortgage recording taxes shall constitute user taxes of a state property insurance program.
The [legislature,] house
of representatives, by a majority vote of [the] its members [to
which each house is entitled], shall authorize the issuance of all general
obligation bonds, bonds issued under special improvement statutes and revenue
bonds issued by or on behalf of the State and shall prescribe by general law
the manner and procedure for such issuance. The [legislature] house
of representatives by general law shall authorize political subdivisions to
issue general obligation bonds, bonds issued under special improvement statutes
and revenue bonds and shall prescribe the manner and procedure for such
issuance. All such bonds issued by or on behalf of a political subdivision
shall be authorized by the governing body of such political subdivision.
Special purpose revenue bonds shall only be authorized or issued to finance facilities of or for, or to loan the proceeds of such bonds to assist:
1. Manufacturing, processing or industrial enterprises;
2. Utilities serving the general public;
3. Health care facilities provided to the general public by not-for-profit corporations;
4. Early childhood education and care facilities provided to the general public by not-for-profit corporations; or
5. Low and moderate income government housing programs;
6. Not-for-profit private nonsectarian and sectarian elementary schools, secondary schools, colleges and universities; or
7. Agricultural enterprises serving important agricultural lands,
Each of which is hereinafter referred to in this paragraph as
special purpose entity.
The [legislature,] house
of representatives, by a two‑thirds vote of [the] its
members [to which each house is entitled], may enact enabling
legislation for the issuance of special purpose revenue bonds separately for
each special purpose entity, and, by a two‑thirds vote of [the] its
members [to which each house is entitled] and by separate legislative
bill, may authorize the State to issue special purpose revenue bonds for each
single project or multi-project program of each special purpose entity;
provided that the issuance of such special purpose revenue bonds is found to be
in the public interest by the [legislature.] house of
representatives. The [legislature] house of representatives
may enact enabling legislation to authorize political subdivisions to issue special
purpose revenue bonds. If so authorized, a political subdivision by a
two-thirds vote of the members to which its governing body is entitled and by
separate ordinance may authorize the issuance of special purpose revenue bonds
for each single project or multi-project program of each special purpose
entity; provided that the issuance of such special purpose revenue bonds is
found to be in the public interest by the governing body of the political
subdivision. No special purpose revenue bonds shall be secured directly or
indirectly by the general credit of the issuer or by any revenues or taxes of
the issuer other than receipts derived from payments by a person under contract
or from any security for such contract or special purpose revenue bonds and no
moneys other than such receipts shall be applied to the payment thereof. The
governor shall provide the [legislature] house of representatives
in November of each year with a report on the cumulative amount of all special
purpose revenue bonds authorized and issued, and such other information as may
be necessary."
SECTION 16. Article VII, section 13, of the Constitution of the State of Hawaii is amended to read as follows:
"DEBT LIMIT; EXCLUSIONS
Section [13.]
11. General obligation bonds may be issued by the State; provided
that such bonds at the time of issuance would not cause the total amount of
principal and interest payable in the current or any future fiscal year,
whichever is higher, on such bonds and on all outstanding general obligation
bonds to exceed: a sum equal to twenty percent of the average of the general
fund revenues of the State in the three fiscal years immediately preceding such
issuance until June 30, 1982; and thereafter, a sum equal to eighteen and
one-half percent of the average of the general fund revenues of the State in
the three fiscal years immediately preceding such issuance. Effective July 1,
1980, the [legislature] house of representatives shall include a
declaration of findings in every general law authorizing the issuance of
general obligation bonds that the total amount of principal and interest,
estimated for such bonds and for all bonds authorized and unissued and
calculated for all bonds issued and outstanding, will not cause the debt limit
to be exceeded at the time of issuance. Any bond issue by or on behalf of the
State may exceed the debt limit if an emergency condition is declared to exist
by the governor and concurred to by a two- thirds vote of the members [to
which each house] of the [legislature is entitled.] house of
representatives. For the purpose of this paragraph, general fund revenues
of the State shall not include moneys received as grants from the federal
government and receipts in reimbursement of any reimbursable general obligation
bonds which are excluded as permitted by this section.
A sum equal to fifteen percent of the total of the assessed values for tax rate purposes of real property in each political subdivision, as determined by the last tax assessment rolls pursuant to law, is established as the limit of the funded debt of such political subdivision that is outstanding and unpaid at any time.
All general obligation bonds for a term exceeding two years shall be in serial form maturing in substantially equal installments of principal, or maturing in substantially equal installments of both principal and interest. The first installment of principal of general obligation bonds and of reimbursable general obligation bonds shall mature not later than five years from the date of issue of such series. The last installment on general obligation bonds shall mature not later than twenty-five years from the date of such issue and the last installment on general obligation bonds sold to the federal government, on reimbursable general obligation bonds and on bonds constituting instruments of indebtedness under which the State or a political subdivision incurs a contingent liability as a guarantor shall mature not later than thirty-five years from the date of such issue. The interest and principal payments of general obligation bonds shall be a first charge on the general fund of the State or political subdivision, as the case may be.
In determining the power of the State to issue general obligation bonds or the funded debt of any political subdivision under section 12, the following shall be excluded:
1. Bonds that have matured, or that mature in the then current fiscal year, or that have been irrevocably called for redemption and the redemption date has occurred or will occur in the then fiscal year, or for the full payment of which moneys or securities have been irrevocably set aside.
2. Revenue bonds, if the issuer thereof is obligated by law to impose rates, rentals and charges for the use and services of the public undertaking, improvement or system or the benefits of a loan program or a loan thereunder or to impose a user tax, or to impose a combination of rates, rentals and charges and user tax, as the case may be, sufficient to pay the cost of operation, maintenance and repair, if any, of the public undertaking, improvement or system or the cost of maintaining a loan program or a loan thereunder and the required payments of the principal of and interest on all revenue bonds issued for the public undertaking, improvement or system or loan program, and if the issuer is obligated to deposit such revenues or tax or a combination of both into a special fund and to apply the same to such payments in the amount necessary therefor.
3. Special purpose revenue bonds, if the issuer thereof is required by law to contract with a person obligating such person to make rental or other payments to the issuer in an amount at least sufficient to make the required payment of the principal of and interest on such special purpose revenue bonds.
4. Bonds issued under special improvement statutes when the only security for such bonds is the properties benefited or improved or the assessments thereon.
5. General obligation bonds issued for assessable improvements, but only to the extent that reimbursements to the general fund for the principal and interest on such bonds are in fact made from assessment collections available therefor.
6. Reimbursable general obligation bonds issued for a public undertaking, improvement or system but only to the extent that reimbursements to the general fund are in fact made from the net revenue, or net user tax receipts, or combination of both, as determined for the immediately preceding fiscal year.
7. Reimbursable general obligation bonds issued by the State for any political subdivision, whether issued before or after the effective date of this section, but only for as long as reimbursement by the political subdivision to the State for the payment of principal and interest on such bonds is required by law; provided that in the case of bonds issued after the effective date of this section, the consent of the governing body of the political subdivision has first been obtained; and provided further that during the period that such bonds are excluded by the State, the principal amount then outstanding shall be included within the funded debt of such political subdivision.
8. Bonds constituting instruments of indebtedness under which the State or any political subdivision incurs a contingent liability as a guarantor, but only to the extent the principal amount of such bonds does not exceed seven percent of the principal amount of outstanding general obligation bonds not otherwise excluded under this section; provided that the State or political subdivision shall establish and maintain a reserve in an amount in reasonable proportion to the outstanding loans guaranteed by the State or political subdivision as provided by law.
9. Bonds issued by or on behalf of the State or by any political subdivision to meet appropriations for any fiscal period in anticipation of the collection of revenues for such period or to meet casual deficits or failures of revenue, if required to be paid within one year, and bonds issued by or on behalf of the State to suppress insurrection, to repel invasion, to defend the State in war or to meet emergencies caused by disaster or act of God.
The total outstanding indebtedness of the State or funded debt of any political subdivision and the exclusions therefrom permitted by this section shall be made annually and certified by law or as provided by law. For the purposes of section 12 and this section, amounts received from on-street parking may be considered and treated as revenues of a parking undertaking.
Nothing in section 12 or in this section shall prevent the refunding of any bond at any time."
SECTION 17. Article X, section 6, of the Constitution of the State of Hawaii is amended to read as follows:
"BOARD OF REGENTS; POWERS
Section 6. There
shall be a board of regents of the University of Hawaii, the members of which
shall be nominated and, by and with the advice and consent of the [senate,]
house of representatives, appointed by the governor. At least part of
the membership of the board shall represent geographic subdivisions of the
State. The board shall have the power, as provided by law, to formulate
policy, and to exercise control over the university through its executive
officer, the president of the university, who shall be appointed by the board;
except that the board shall have exclusive jurisdiction over the internal
organization and management of the university. This section shall not limit
the power of the [legislature] house of representatives to enact
laws of statewide concern."
SECTION 18. Article XI, section 8, of the Constitution of the State of Hawaii is amended to read as follows:
"NUCLEAR ENERGY
Section 8. No nuclear
fission power plant shall be constructed or radioactive material disposed of in
the State without the prior approval by a two-thirds vote [in each house]
of the [legislature.] members of the house of representatives."
SECTION 19. Article XVI, section , of the Constitution of the State of Hawaii is amended to read as follows:
"SALARY COMMISSION
Section . There shall be a
commission on salaries as provided by law, which shall review and recommend
salaries for the justices and judges of all state courts, members of the [legislature,]
house of representatives, department heads or executive officers of the
executive departments and the deputies or assistants to department heads of the
executive departments as provided by law, excluding the University of Hawaii
and the department of education. The commission shall also review and make
recommendations for the salary of the administrative director of the State or
equivalent position and the salary of the governor and the lieutenant governor.
Any salary established pursuant to this section shall not be decreased during a term of office, unless by general law applying to all salaried officers of the State.
Not later than the fortieth legislative day of the
2007 regular legislative session and every six years thereafter, the commission
shall submit to the [legislature] house of representatives its
recommendations and then dissolve.
The recommended salaries submitted shall become
effective as provided in the recommendation, unless the [legislature] house
of representatives disapproves the entire recommendation as a whole by
adoption of a concurrent resolution prior to adjournment sine die of the
legislative session in which the recommendation is submitted; provided that any
change in salary which becomes effective shall not apply to the [legislature]
house of representatives to which the recommendation for the change in
salary was submitted."
SECTION 20. Article XVI, section 4, of the Constitution of the State of Hawaii is amended to read as follows:
"OATH OF OFFICE
Section 4. All
eligible public officers, before entering upon the duties of their respective
offices, shall take and subscribe to the following oath or affirmation:
"I do solemnly swear (or affirm) that I will support and defend the
Constitution of the United States, and the Constitution of the State of Hawaii,
and that I will faithfully discharge my duties as ... to the best of my
ability." As used in this section, "eligible public officers"
means the governor, the lieutenant governor, the members of [both houses of]
the [legislature,] house of representatives, the members of the
board of education, the members of the national guard, State or county
employees who possess police powers, district court judges, and all those whose
appointment requires the consent of the [senate.] house of
representatives."
SECTION 21. Article XVII, section 3, of the Constitution of the State of Hawaii is amended to read as follows:
"AMENDMENTS
PROPOSED BY [LEGISLATURE]
HOUSE OF REPRESENTATIVES
Section 3. The [legislature]
house of representatives may propose amendments to the constitution by
adopting the same, in the manner required for legislation, by a two-thirds vote
[of each house] on final reading at any session, after [either or
both houses] the house of representatives shall have given the
governor at least ten days' written notice of the final form of the proposed
amendment, or, with or without such notice, by a majority vote [of each
house] on final reading at each of two successive sessions.
Upon such adoption, the
proposed amendments shall be entered upon the journals, with the ayes and noes,
and published once in each of four successive weeks in at least one newspaper
of general circulation in each [senatorial] representative
district wherein such a newspaper is published, within the two months' period
immediately preceding the next general election.
At such general election the proposed amendments shall be submitted to the electorate for approval or rejection upon a separate ballot.
The conditions of and requirements for ratification of such proposed amendments shall be the same as provided in section 2 of this article for ratification at a general election."
SECTION 22. The question to be printed on the ballot shall be as follows:
"Shall:
(1) The legislature be changed from a bicameral legislature with a house of representatives and a senate to a unicameral legislature with only one chamber, to be known as the house of representatives, commencing after the general election in November, 2008;
(2) The total number of legislators be changed from seventy-six to fifty-one representatives representing fifty-one single-member districts, who shall serve staggered terms of four years each; and
(3) The composition of the reapportionment commission be changed to provide that four members each shall be appointed by the speaker and minority leader of the house of representatives, with appointees choosing the ninth member?"
SECTION 23. Constitutional material to be repealed is bracketed. New constitutional material is underscored.
SECTION 24. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.
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