Report Title:

Taxes; Super Majority

 

Description:

Proposes an amendment to article VIII, section 3 of the Hawaii Constitution to require approval of two-thirds of the members of the legislature to increase taxes, levy new taxes, or repeal a tax exemption or credit.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

317

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

PROPOSING AN AMENDMENT TO ARTICLE VIII, SECTION 3, OF THE HAWAII CONSTITUTION TO REQUIRE THE APPROVAL OF TWO-THIRDS OF THE LEGISLATURE TO LEVY OR INCREASE TAXES OR TO REPEAL A TAX EXEMPTION OR CREDIT.

 

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

SECTION 1. The purpose of this Act is to propose an amendment to Article VIII, section 3, of the Constitution of the State of Hawaii to require that any new tax, increase in the rate of an existing tax, or repeal of an existing tax exemption or credit, shall require the approval of two-thirds of the members of the legislature.

SECTION 2. Article VIII, section 3, of the Constitution of the State of Hawaii is amended to read as follows:

"Section 3. The taxing power shall be reserved to the State, except so much thereof as may be delegated by the legislature to the political subdivisions, and except that all functions, powers and duties relating to the taxation of real property shall be exercised exclusively by the counties, with the exception of the county of Kalawao. The levy of any new tax, or any increase in the rate of any existing tax, or the repeal of any existing tax exemption or credit shall require the enactment of a law by a two-thirds vote of the members of each house of the legislature. The legislature shall have the power to apportion state revenues among the several political subdivisions."

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

"Shall the Constitution be amended to require that the levy of any new tax, any increase in the rate of any existing tax, or a repeal of any existing tax exemption or credit shall require the enactment of a law passed by two-thirds vote of the members of each house of the legislature?"

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.

INTRODUCED BY:

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