HOUSE OF REPRESENTATIVES

H.B. NO.

1036

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

proposing an amendment to article iii, section 4, of the constitution of the state of hawaii to establish legislative term limits.

 

 

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

 


     SECTION 1.  The legislature finds that term limits are a mechanism to promote healthy turnover of elected officials and encourage fresh ideas in the lawmaking process.  By adopting term limits, the legislature is committing itself to genuine change, which in turn inspires increased citizen participation and combats voter apathy.

     The purpose of this Act is to propose an amendment to article III, section 4 of the Constitution of the State of Hawaii to limit the maximum number of years a legislator may serve in the house of representatives to ten cumulative years, and to limit the maximum number of years a legislator may serve in the senate to twelve cumulative years, with years counting toward the limit beginning on the day of the general election of 2012.

     It is not the intent of the legislature to remove current legislators or interfere with existing terms of office, but rather to allow the people of Hawaii to evaluate the benefits and detriments of term limits from this point forward, and after due consideration, decide whether or not the term limits should continue in effect.

     SECTION 2.  Article III, section 4, of the Constitution of the State of Hawaii is amended to read as follows:

"ELECTION OF MEMBERS; TERM

     Section 4.  Each member of the legislature shall be elected at an election.  If more than one candidate has been nominated for election to a seat in the legislature, 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 a member of the legislature shall be limited to serving in the house of representatives for not more than ten cumulative years and shall be limited to serving in the senate for not more than twelve cumulative years,

with years counting toward the limit beginning on the day of the general election of 2012; provided further that a member of the legislature may complete a term if the member reaches the applicable limit before that term has ended.

     The term of a member of the legislature shall 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 term 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 on the day of the second general election immediately following the day the member's term commences."

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

    "Shall members of the legislature be limited to serving in the house of representatives for not more than ten cumulative years and be limited to serving in the senate for not more than twelve cumulative years, provided that years counting toward the limit shall begin on the day of the general election of 2012?"

     SECTION 4.  Constitutional material to be repealed is bracketed and stricken.  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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Report Title:

Constitutional Amendment; Legislative Term Limits

 

Description:

Proposes a constitutional amendment to limit members of the legislature to serving in the house of representatives for not more than ten cumulative years and to serving in the senate for not more than twelve cumulative years, with years counting toward the applicable limit beginning on the day of the general election of 2012.

 

 

 

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