Report Title:

Initiative, Referendum, Recall

Description:

Amends articles II, III, and XVII of the state constitution to provide for initiative, referendum, and recall.

 

THE SENATE

S.B. NO.

443

TWENTY-SECOND LEGISLATURE, 2003

 

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, REFERENDUM, AND RECALL.

 

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

SECTION 1. The purpose of this Act is to propose amendments to article II, article III, and article XVII of the Constitution of the State of Hawaii to provide for initiative, referendum, and recall. The legislature finds that no method exists for initiative, referendum, or the recall of state elected officials in Hawaii. The purpose of this Act is to propose constitutional amendments to provide for all three.

SECTION 2. Article II of the Constitution of the State of Hawaii is amended by adding three new sections to be appropriately designated and to read:

"INITIATIVE

Section A. The initiative power is reserved to 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 equalling 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. All initiative measures shall have printed above the title the following:

"INITIATIVE MEASURE 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. No initiative measure shall be submitted which pertains to land use issues.

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 may vote in the affirmative if they favor the right to engage in the activity or continuance of the right or privilege.

No initiative measure shall be filed with the chief election officer which may be either similar or contrary in either form or essential substance to a bill already introduced into the legislature. If after the adjournment of the legislature sine die, such bill has not become law, or does not carry over, an initiative measure of either similar or contrary form may be filed with the chief election officer for submission to the people.

If after an initiative request is made with the attorney general, any bill introduced into the legislature which may be contrary as determined by the attorney general in either form or essential substance to the initiative request is enacted into law, that law and that initiative measure shall be submitted to the people in order that they may choose between them, except as provided in the last sentence of this paragraph. That contrary law shall remain in effect pending the general election ballot. The measure receiving the highest number of votes shall prevail. If the initiative measure is approved, such contrary law shall be void. If 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 shall by a public announcement, declare the initiative measure void and order it stricken from the ballot.

A defeated initiative measure shall not be resubmitted to the people by the initiative petition in either the same form or essential substance, as determined by the attorney general, either affirmatively or negatively for a period of      years.

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. The title and summary shall not exceed            words.

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. 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.

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. No measure enacted by the people shall be repealed or amended by the legislature unless otherwise provided in the measure; provided that the people may amend an initiative at any time.

The petitioners shall bear all cost of the preparation and circulation of the petition, except for the services performed by the attorney general under this section. After the petition has been filed with the chief election officer, all further costs shall be part of the usual expenditures of the State.

REFERENDUM

Section B. The referendum is the power of the people to approve or reject statutes or parts of statutes, by ballot. The referendum shall not be used to make or repeal any appropriation of public funds, or to make, amend or repeal the levy of taxes, nor shall the referendum extend to any matter governed by collective bargaining contracts.

A voter referendum may be proposed by presenting to the chief election officer within ninety days after the enactment date of a statute, a petition asking that the statute or part of it be submitted for a referendum.

A referendum measure shall be certified for placement on the ballot by the chief election officer upon the submission of a petition signed by registered voters of the State equal in number to at least ten percent of the total number of voters who voted for the office of the governor in the last preceding general election for that office. That ten percent shall include at least ten percent of the total number of such voters in each of at least two counties of the State.

The referendum measure shall be phrased to require a "yes" or "no" response by the voter. The chief election officer shall submit the referendum measure at the next general election held at least thirty-one days after it is certified or at a special statewide election held prior to that general election. A referendum that is approved by a majority of voters shall take effect the day after the election unless the measure provides otherwise. If a referendum is filed against a part of a statute, the remainder shall not be delayed from becoming effective.

RECALL

Section C. Every elected public officer of the State may be removed from office by the electors entitled to vote for a successor of the incumbent, through the procedure and in the manner set forth in this section. This procedure shall be known as the recall and is in addition to any other method of removal provided by law. This section is self-executing, but the legislature may enact legislation to facilitate its operation; provided that the legislation may not restrict or limit the provisions of this section or the powers reserved in this section.

A recall measure shall be submitted to the people for a recall vote with the signatures of registered voters of not less than twenty percent of all votes cast for all candidates for the office subject to recall at the general election preceding the filing of the recall petition. In districts in which the people cast their votes for multiple representation in a particular office in that district, the total votes cast for all candidates for that office in the last general election shall be divided by the number of persons in that particular office to obtain the number of signatures needed. Only those registered voters who are entitled to cast votes for the officer named on the recall petition shall be qualified to sign the recall petition and to vote in the recall election. The recall petition shall state the reason for the recall vote. Unresponsiveness to the needs of the officer's constituents shall be adequate reason for the recall of any elected state officer.

No recall petition shall be filed against any elected state officer unless the officer has served more than six months of the officer's term of office. No recall petition shall be filed within one year of a primary election in which an elected officer is required to seek nomination for reelection. If a recall petition is against an elected state officer whose term of office expires at a general election after a forthcoming primary election and the petition is filed no more than          days and not less than          days prior to the primary election, the chief election officer shall cause the recall measure to be submitted to the people at that general election. All other recall measures shall cause a recall special election to be proclaimed by the chief election officer between           and           days after the petition has been determined to be sufficient.

A recall shall be approved by the majority of the votes cast indicating "yes" or "no" thereon but not including blank ballots. Any vacancy that may be created shall be filled as prescribed by law.

If a recall vote fails to recall the affected officer, the affected officer shall not be subject to another recall vote for the remainder of the term of office to which the officer was elected to serve.

Prior to the circulation of any recall petition for signature, 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 within seven business days. The title and summary shall not exceed          words.

All recall petitions shall be submitted for certification to the chief election officer. Every sheet of the petition containing signatures shall be attached to the title, summary and text of the recall 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. No person circulating a petition shall be eligible to receive any compensation for services as a petition circulator. All signers shall add their address as shown on their voter registration form, their social security number and the date upon which they signed the petition. When fewer than five thousand signatures are required on a petition, the petition circulators shall have sixty days in which to obtain the required number of signatures of qualified voters; when between five thousand and ten thousand signatures are required, the petition circulators shall have ninety days; when between ten thousand and fifty thousand signatures are required, the petition circulators shall have one hundred twenty days; when between fifty thousand and one hundred thousand signatures are required, the petition circulators shall have one hundred sixty days; and when more than one hundred thousand signatures are required, the petition circulators shall have one hundred eighty days.

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, and of the affected district in the case of a recall petition so limited. The chief election officer shall certify that the signers are registered voters of this State, and of the affected district in the case of a recall petition so limited.

The chief election officer shall not release a petition for inspection by the public or any governmental agency, except where the supreme court orders inspection of the petition, when a question has been raised regarding the sufficiency of the petition. If any petition under this section has been determined to be insufficient, the petition shall be returned to the circulators within sixty days of its filing with a statement of the specific insufficiencies. Petition circulators shall have additional time in which to correct the specific insufficiencies of a petition, in accordance with the provisions of this section governing the amount of time allowed to obtain petitioners' signatures.

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

The petitioners shall bear all costs of the preparation and circulation of the petition, except for the services performed by the attorney general under this section. After the petition has been filed with the chief election officer, all further costs shall be part of the usual expenditures of the State."

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 as provided in Article II, section A, 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 and referendum as set forth in Article II, Sections     and    . The legislative power, and initiative and referendum 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 III, section 15, of the Constitution of the State of Hawaii is amended to read as follows:

"PASSAGE OF BILLS

Section 15. No bill shall become law unless it shall pass three readings in each house on separate days[.], except that no bill consisting of an initiative measure, as provided for in Article II, Section A, and having passed three readings in each house on separate days, shall become law until the provisions set forth in Article II, Section A, have been carried out. 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 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."

SECTION 6. Article III, section 16, of the Constitution of the State of Hawaii is amended to read as follows:

"APPROVAL OR VETO

Section 16. [Every] Except as provided herein, 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.

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.

Every bill consisting of an initiative measure or so identified as provided for in Article II, Section A, which shall have passed the legislature shall be certified by the residing officers and clerks of both houses, shall be subject to Article II, Section A, for approval or rejection, and shall not be presented to the governor for approval or veto as provided for in Article II, Section A.

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 7. 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 Article II, Section A through the initiative process."

SECTION 8. 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 Article II, Section A or B on initiative or referendum, shall be subject to veto by the governor."

SECTION 9. 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 under Article II, Section A, by initiative, and both are approved, then the revision or amendment receiving the highest number of votes shall prevail. If conflicting revisions or amendments are proposed by the same body, or by the people under Article II, Section A on initiative, 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 10. The question to be printed on the ballot shall be as follows:

"Shall the State Constitution be amended to provide for initiative, referendum, and recall?"

SECTION 11. In codifying the new sections added to Article II of the Constitution of the State of Hawaii, by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in the new sections' designations in this Act.

SECTION 12. Constitutional material to be repealed is bracketed. New constitutional material is underscored.

SECTION 13. These amendments shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:

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