Report Title:

Initiative; Constitutional Amendment

Description:

Proposes a constitutional amendment to provide for initiative.

THE SENATE

S.B. NO.

2101

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

PROPOSING AMENDMENTS TO ARTICLES II, III, AND XVII OF THE CONSTITUTION OF the STATE OF HAWAII TO PROVIDE FOR INITIATIVE.

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

SECTION 1. The purpose of this Act is to propose amendments to articles II, III, and XVII of the Constitution of the State of Hawaii to provide for initiative.

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

Section    . The initiative power is reserved for the people. An initiative measure shall be submitted to the people by presenting to the chief election officer a petition containing the signatures of registered voters equaling not less than      percent in the case of a law, and not less than      percent in the case of an amendment to the constitution, of all votes counted for all candidates for governor at the preceding general election preceding the filing of the petition. The initiative petition shall be filed with the chief election officer not later than ninety days prior to the general election at which the initiative is to be submitted directly to the people.

Each initiative measure shall embrace but one subject, which shall be expressed in its title. The enacting clause shall be:

"BE IT ENACTED BY THE PEOPLE

OF THE STATE OF HAWAII"

The initiative measure shall be enacted into law when approved by a majority of votes counted for the measure. If two or more conflicting initiative measures shall be approved by the people at the same election, the measure receiving the highest number of votes shall prevail.

No initiative measure that names any individual to hold any office, or names or identifies any private corporation to perform any function or to have any power or duty, shall be submitted or have any effect.

An initiative measure proposing to prohibit a specific activity or to terminate an existing statutory or regulatory right or privilege shall be submitted to the people in such form that they are to vote in the affirmative if they favor the right to engage in the activity or continuance of the right or privilege.

Prior to the circulation of any initiative petition for signatures, a copy shall be submitted to the attorney general, who shall prepare a title and summary of the chief purpose and aim of the proposed measure and transmit it to the submitter within thirty days. The title and summary shall not exceed            words.

If, after the initiative petition is submitted to the attorney general, any law is enacted which is the same or similar to and accomplishes the same purpose as an initiative measure, as determined by the attorney general, the chief election officer by a public announcement, shall declare the initiative measure void and order it stricken from the ballot.

All initiative petitions shall be submitted to the chief election officer for certification. Each sheet containing petitioners' signatures shall be attached to the title, summary, and text of the initiative petition. No laws shall be enacted limiting the number of copies of a petition which may be circulated. Any registered voter of this State shall be competent to solicit signatures. The petition shall be signed by registered voters only. All signers shall add their address as shown on their voter registration form and the date upon which they sign the petition. Every sheet of the petition containing signatures shall be verified by affidavit of the petition circulator that each name on the sheet was signed in the presence of the affiant and that in the belief of the affiant each signer is a registered voter of the State. The chief election officer shall certify that the signers are registered voters of this State.

Upon certification, an initiative request shall be made to the attorney general, who shall prepare the initiative in the proper format, using brackets, strike through, and underscoring, as appropriate.

The chief election officer shall not release any petition for inspection by the public or any governmental agency, except where the supreme court orders inspection of such petition when a question has been raised regarding the sufficiency of a petition. If any petition under this section has been determined to be insufficient, the petition shall be returned to the circulators within thirty days of its filing with the notations of specific insufficiencies.

Any measure under this section shall be presented to the people in such a form that a "yes" vote, on a yes or no ballot, shall indicate an affirmative vote for the measure as the measure is written.

The initiative measure shall be effective, if approved, one day after the election results are announced unless otherwise provided for in the measure.

The veto power of the governor shall not extend to initiative measures approved by the people."

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 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], but the people reserve to themselves the powers of initiative. The legislative and initiative powers 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 by the legislature 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 of the State of Hawaii."

SECTION 5. 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 by the people under through the initiative process."

SECTION 6. 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 shall be subject to veto by the governor."

SECTION 7. The question to be printed on the ballot shall be as follows:

"Shall the State Constitution be amended to provide for making laws or constitutional amendments through the process of initiative?"

SECTION 8. Constitutional material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. 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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