THE SENATE

S.B. NO.

456

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to enabling legislation by the people.

 

 

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

 


SECTION 1. Chapter 11, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART    . INITIATIVE

11- Initiative. (a) A statutory amendment may be proposed by an initiative petition, containing the signatures of registered voters equaling not less than ten per cent of the total number of voters who voted for the office of the governor in the last preceding general election for that office.

(b) The petition shall include the voter's signature, the voter's printed name, residence address, last four digits of the petitioner's social security number, and the date of signing. Signatures may be on separate sheets, but each sheet shall have appended to it the affidavit of a person, not necessarily a signer of the petition, that, to the best of the affiant's knowledge and belief, the persons whose signatures appear on the sheet are duly registered voters of the State, that they signed with full knowledge of the contents of the petition, and that their residences are correctly given.

(c) No entity or agent shall circulate or cause to be circulated a petition for initiative in lieu of or on behalf of any voter. 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. Any person who pays all or part of the cost of the preparation and circulation of the petition shall be clearly identified on the petition as a financial sponsor and their name and address shall be included on the petition. All petitions, including the name and address of each person who signed the petition, are public records, and shall be made available for public inspection on the elections commission's website in a searchable database.

(d) The petition shall set forth a measure for the proposed statutory amendment that shall be attached and made a part of the petition; provided that a copy of the proposed statutory amendment shall first be submitted to the attorney general who shall review and revise the petition as necessary; provided further that the attorney general shall not substantially alter the intent of the language and shall approve the petition to ensure that the petition is legally and technically sufficient.

The attorney general shall also review each proposed statutory amendment, and shall reject any petition whose sole purpose is:

(1) To change the state budget;

(2) To add, change, or delete any one or more, budget items;

(3) To add, change, or delete any tax rate, credit, deduction, exemption, or other tax provision as contained in title 14; or

(4) Any combination of paragraphs (1) through (3).

(e) Upon filing of the petition with the chief election officer, the chief election officer shall examine the petition to see whether it contains a sufficient number of apparently genuine signatures of duly registered voters. The chief election officer may question the genuineness of any signature or signatures appearing on the petition. If the chief election officer finds that any such signature or signatures are not genuine, the chief election officer, after public disclosure of the signatures in question, shall disregard these signatures when determining whether the petition contains a sufficient number of signatures.

The chief election officer shall eliminate any sheet of the petition that is not accompanied by the required affidavit. The invalidity of any sheet shall not affect the validity of the petition if a sufficient number of signatures remains after eliminating the invalid sheet. The chief election officer shall complete the examination of the petition within twenty working days after the date of filing.

A final determination as to the sufficiency or validity of the petition shall be subject to court review.

(f) The proposed initiative, after approval by the attorney general, shall be filed with the office of elections at least ninety days prior to the general election. The proposed initiative shall be submitted to voters at the next general election.

(g) Any proposed statutory amendment that is approved by the majority of voters voting thereon shall be deemed enacted, and shall become effective ten days after certification of the results of the election. In the event that two or more proposed statutory amendments conflict with each other in whole or in part and each is approved by a majority of the voters voting thereon, the proposed amendment receiving the highest number of votes shall be adopted and shall take effect pursuant to this subsection.

(h) A statutory amendment that is deemed enacted by initiative shall not be subject to veto, notwithstanding article III, section 16, of the Hawaii State Constitution.

(i) The elections commission shall adopt rules pursuant to chapter 91 for the purposes of this section."

SECTION 2. Section 11-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Initiative" means a direct ballot initiative to amend the law as provided for by this chapter."

SECTION 3. Section 11-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The chief election officer shall supervise all state elections[.] and initiatives. The chief election officer may delegate responsibilities in state elections and initiatives within a county to the clerk of that county or to other specified persons."

SECTION 4. Section 11-3, Hawaii Revised Statutes, is amended to read as follows:

"11‑3 Application of chapter. This chapter shall apply to all elections, primary, special primary, general, special general, special, or county, held in the State, under all voting systems used within the State, so far as applicable and not inconsistent herewith. This chapter shall also apply to all initiatives held or proposed in the State."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval and upon ratification of a constitutional amendment enabling direct initiative.

 

INTRODUCED BY:

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Report Title:

Initiative; Enabling Legislation

 

Description:

Provides for initiative procedures. Takes effect upon ratification of a constitutional amendment enabling direct initiative.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.