Report Title:

Const. Amend.; Consumer Law

Description:

Proposes a constitutional amendment directing the legislature to refrain from enacting laws that directly affect consumers unless the law is beneficial to consumers.

HOUSE OF REPRESENTATIVES

H.B. NO.

102

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

PROPOSING AN AMENDMENT TO THE HAWAII STATE CONSTITUTION DIRECTING THE LEGISLATURE TO REFRAIN FROM ENACTING LAWS THAT AFFECT CONSUMERS UNLESS THE LAW IS BENEFICIAL TO CONSUMERS.

 

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

SECTION 1. The legislature finds that Hawaii is in a prolonged economic slump. Consumers have tightened their belts, foregone wage increases, and worked overtime and multiple jobs to be able to afford to live in this State. Organized business interests have been able to lobby for laws that are favorable to them, but individual consumers are not that fortunate.

The purpose of this Act is to propose an amendment to article III of the Constitution of the State of Hawaii to prohibit the legislature from enacting laws whose primary impact is on consumers, unless that impact is beneficial to consumers.

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:

"CONSUMER AFFAIRS

Section    . The legislature shall refrain from enacting any law whose primary intent is to have an economic impact on consumers unless the law is beneficial to consumers. A law with another primary focus does not come within the restrictions of this section. The legislature shall enact laws to allow any aggrieved consumer to enforce this section, through appropriate legal proceedings as specified by statute, on the ground that a statute is more beneficial to business than to consumers."

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

"Shall the state constitution be amended by requiring the legislature to refrain from enacting any law whose primary intent is to have an economic impact on consumers unless the law is beneficial to consumers?"

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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