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HAWAII
CONSTITUTION OF THE STATE OF HAWAII
As Amended and in Force January
1, 2000
Preamble
Federal Constitution Adopted
Article I Bill of Rights
Section
1 Political power
2 Rights of individuals
3 Equality of rights
4 Freedom of religion, speech, press, assembly and
petition
5 Due process and equal protection
6 Right to privacy
7 Searches, seizures and invasion of privacy
8 Rights of citizens
9 Enlistment; segregation
10 Indictment; preliminary hearing, double
jeopardy; self-
incrimination
11 Grand jury counsel
12 Bail; excessive punishment
13 Trial by jury, civil cases
14 Rights of accused
15 Habeas corpus and suspension of laws
16 Supremacy of civil power
17 Right to bear arms
18 Quartering of soldiers
19 Imprisonment for debt
20 Eminent domain
21 Limitations of special privileges
22 Construction
Article II Suffrage and Elections
1 Qualifications
2 Disqualification
3 Residence
4 Registration; voting
5 Campaign fund, spending limit
6 Campaign contributions limits
7 Resignation from public office
8 General, special and primary elections
9 Presidential preference primary
Article III The Legislature
1 Legislature power
2 Composition of senate
3 Composition of house of representatives
4 Election of members; term
5 Vacancies
6 Qualifications of members
7 Privileges of members
8 Disqualifications of members
9 Salary; allowances; commission on legislative
salary
10 Sessions
11 Adjournment
12 Organization; discipline; rules; procedure
13 Quorum; compulsory attendance
14 Bills; enactment
15 Passage of bills
16 Approval or veto
Reconsideration after adjournment
17 Procedures upon veto
18 Punishment of nonmembers
19 Impeachment
Article IV Reapportionment
1 Reapportionment years
2 Reapportionment commission
3 Chief election officer
4 Apportionment among basic island units
5 Minimum representation for basic island units
6 Apportionment within basic island units
7 Placement of holdover senators
8 Retention of staggered terms for the senate
9 Congressional redistricting for United States
house of
representatives
10 Mandamus and judicial review
Article V The Executive
1 Establishment of the executive
2 Lieutenant governor
3 Compensation: governor, lieutenant governor
4 Succession to governorship; absence or
disability of
governor
5 Executive powers
6 Executive and administrative offices and
department
Article VI The Judiciary
1 Judicial power
2 Supreme court; intermediate appellate court;
circuit
courts
3 Appointment of justices and judges
Qualifications for appointment
Tenure; compensation; retirement
4 Judicial selection commission
5 Retirement; removal; discipline
6 Administration
7 Rules
Article VII Taxation and Finance
1 Taxing power inalienable
2 Income taxation
3 Tax review commission
4 Appropriations for private purposes prohibited
5 Expenditure controls
6 Disposition of excess revenues
7 Council on revenues
8 The budget
9 Legislative appropriations; procedures;
expenditure
ceiling
General fund expenditure ceiling
10 Auditor
11 Lapsing of appropriation
12 Definitions; issuance of indebtedness
13 Debt limit; exclusions
Article VIII Local Government
1 Creation; powers of political subdivisions
2 Local self-government; charter
3 Taxation and finance
4 Mandates; accrued claims
5 Transfer of mandated programs
6 Statewide laws
Article IX Public Health and Welfare
1 Public health
2 Care of handicapped persons
3 Public assistance
4 Economic security of the elderly
5 Housing, slum clearance, development and
rehabilitation
6 Management of state population growth
7 Public sightliness and good order
8 Preservation of a healthful environment
9 Cultural resources
10 Public safety
Article X Education
1 Public education
2 Board of education
3 Power of the board of education
4 Hawaii education program
5 University of Hawaii
6 Board of regents; powers
Article XI Conservation, Control and Development
of Resources
1 Conservation and development of resources
2 Management and disposition of natural resources
3 Agricultural lands
4 Public land banking
5 General laws required; exceptions
6 Marine resources
7 Water resources
8 Nuclear energy
9 Environmental rights
10 Farm and home ownership
Article XII Hawaiian Affairs
1 Hawaiian Homes Commission Act
2 Acceptance of compact
3 Compact adoption; procedures after adoption
4 Public trust
5 Office of Hawaiian Affairs; establishment of
board of
trustees
6 Powers of board of trustees
7 Traditional and customary rights
Article XIII Organization; Collective Bargaining
1 Private employees
Article XIV Code of Ethics
Article XV State Boundaries; Capital; Flag;
Language and Motto
1 Boundaries
2 Capital
3 State flag
4 Official languages
5 Motto
Article XVI General and Miscellaneous Provisions
1 Civil service
2 Employees' retirement system
3 Disqualifications from public office or
employment
4 Oath of office
5 Intergovernmental relations
6 Federal lands
7 Compliance with trust
8 Administration of undisposed lands
9 Tax exemption of federal property
10 Hawaii national park
11 Judicial rights
12 Quieting title
13 Plain language
14 Titles, subtitles; construction
15 General power
16 Provisions are self-executing
Article XVII Revision and Amendment
1 Methods of proposal
2 Constitutional convention
Election of delegates
Meeting
Organization; procedure
Ratification; appropriations
3 Amendments proposed by legislature
4 Veto
5 Conflicting revisions or amendments
Article XVIII Schedule
1 Districting and apportionment
2 1978 Senatorial elections
3 Salaries of legislators
4 Effective date for term limitations for governor
and
lieutenant governor
5 Judiciary: transition; effective date
6 Effective date and application of real property
tax
transfer
7 1978 Board of education elections
8 Effective date for Office of Hawaiian Affairs
9 Continuity of laws
10 Debts
11 Residence, other qualifications
EFFECTIVE DATE
------------------
PREAMBLE
We, the people of Hawaii, grateful for Divine
Guidance, and
mindful of our Hawaiian heritage and uniqueness as
an island
State, dedicate our efforts to fulfill the
philosophy decreed by
the Hawaii State motto, "Ua mau ke ea o ka aina i
ka pono."
We reserve the right to control our destiny, to
nurture the
integrity of our people and culture, and to
preserve the quality
of life that we desire.
We reaffirm our belief in a government of the
people, by the
people and for the people, and with an
understanding and
compassionate heart toward all the peoples of the
earth, do
hereby ordain and establish this constitution for
the State of
Hawaii. [Am Const Con 1978 and election Nov 7,
1978]
FEDERAL CONSTITUTION ADOPTED
The Constitution of the United States of America is
adopted
on behalf of the people of the State of Hawaii.
ARTICLE I
BILL OF RIGHTS
POLITICAL POWER
Section 1. All political power of this State is
inherent in the people and
the responsibility for the exercise thereof rests
with the people. All
government is founded on this authority. [Am Const
Con 1978 and election Nov
7, 1978]
RIGHTS OF INDIVIDUALS
Section 2. All persons are free by nature and are
equal in their inherent
and inalienable rights. Among these rights are the
enjoyment of life,
liberty and the pursuit of happiness, and the
acquiring and possessing of
property. These rights cannot endure unless the
people recognize their
corresponding obligations and responsibilities. [Am
Const Con 1978 and
election Nov 7, 1978]
EQUALITY OF RIGHTS
Section 3. Equality of rights under the law shall
not be denied or abridged
by the State on account of sex. The legislature
shall have the power to
enforce, by appropriate legislation, the provisions
of this section. [L
1972, SB No 1408-72 and election Nov 7, 1972; ren
Const Con 1978 and
election Nov 7, 1978]
FREEDOM OF RELIGION, SPEECH, PRESS, ASSEMBLY AND
PETITION
Section 4. No law shall be enacted respecting an
establishment of religion,
or prohibiting the free exercise thereof, or
abridging the freedom of speech
or of the press or the right of the people
peaceably to assemble and to
petition the government for a redress of
grievances. [Ren and am Const Con
1978 and election Nov 7, 1978]
DUE PROCESS AND EQUAL PROTECTION
Section 5. No person shall be deprived of life,
liberty or property without
due process of law, nor be denied the equal
protection of the laws, nor be
denied the enjoyment of the person's civil rights
or be discriminated
against in the exercise thereof because of race,
religion, sex or ancestry.
[Ren and am Const Con 1978 and election Nov 7,
1978]
RIGHT TO PRIVACY
Section 6. The right of the people to privacy is
recognized and shall not be
infringed without the showing of a compelling state
interest. The
legislature shall take affirmative steps to
implement this right. [Add Const
Con 1978 and election Nov 7, 1978]
SEARCHES, SEIZURES AND INVASION OF PRIVACY
Section 7. The right of the people to be secure in
their persons, houses,
papers and effects against unreasonable searches,
seizures and invasions of
privacy shall not be violated; and no warrants
shall issue but upon probable
cause, supported by oath or affirmation, and
particularly describing the
place to be searched and the persons or things to
be seized or the
communications sought to be intercepted. [Am Const
Con 1968 and election Nov
5, 1968; ren and am Const Con 1978 and election Nov
7, 1978]
RIGHTS OF CITIZENS
Section 8. No citizen shall be disfranchised, or
deprived of any of the
rights or privileges secured to other citizens,
unless by the law of the
land. [Ren Const Con 1978 and election Nov 7, 1978]
ENLISTMENT; SEGREGATION
Section 9. No citizen shall be denied enlistment in
any military
organization of this State nor be segregated
therein because of race,
religious principles or ancestry. [Ren and am Const
Con 1978 and election
Nov 7, 1978]
INDICTMENT; PRELIMINARY HEARING; DOUBLE JEOPARDY;
SELF-INCRIMINATION
Section 10. No person shall be held to answer for a
capital or otherwise
infamous crime, unless on a presentment or
indictment of a grand jury or
upon a finding of probable cause after a
preliminary hearing held as
provided by law, except in cases arising in the
armed forces when in actual
service in time of war or public danger; nor shall
any person be subject for
the same offense to be twice put in jeopardy; nor
shall any person be
compelled in any criminal case to be a witness
against oneself. [Ren and am
Const Con 1978 and election Nov 7, 1978; am HB 150
(1981) and election Nov
2, 1982]
GRAND JURY COUNSEL
Section 11. Whenever a grand jury is impaneled,
there shall be an
independent counsel appointed as provided by law to
advise the members of
the grand jury regarding matters brought before it.
Independent counsel
shall be selected from among those persons licensed
to practice law by the
supreme court of the State and shall not be a
public employee. The term and
compensation for independent counsel shall be as
provided by law. [Add Const
Con 1978 and election Nov 7, 1978]
BAIL; EXCESSIVE PUNISHMENT
Section 12. Excessive bail shall not be required,
nor excessive fines
imposed, nor cruel or unusual punishment inflicted.
The court may dispense
with bail if reasonably satisfied that the
defendant or witness will appear
when directed, except for a defendant charged with
an offense punishable by
life imprisonment. [Am Const Con 1968 and election
Nov 5, 1968; ren and am
Const Con 1978 and election Nov 7, 1978]
TRIAL BY JURY, CIVIL CASES
Section 13. In suits at common law where the value
in controversy shall
exceed five thousand dollars, the right of trial by
jury shall be preserved.
The legislature may provide for a verdict by not
less than three-fourths of
the members of the jury. [Ren and am Const Con 1978
and election Nov 7,
1978; am SB 107 (1987) and election Nov 8, 1988]
RIGHTS OF ACCUSED
Section 14. In all criminal prosecutions, the
accused shall enjoy the right
to a speedy and public trial by an impartial jury
of the district wherein
the crime shall have been committed, which district
shall have been
previously ascertained by law, or of such other
district to which the
prosecution may be removed with the consent of the
accused; to be informed
of the nature and cause of the accusation; to be
confronted with the
witnesses against the accused; to have compulsory
process for obtaining
witnesses in the accused's favor; and to have the
assistance of counsel for
the accused's defense. Juries, where the crime
charged is serious, shall
consist of twelve persons. The State shall provide
counsel for an indigent
defendant charged with an offense punishable by
imprisonment. [Am Const Con
1968 and election Nov 5, 1968; ren and am Const Con
1978 and election Nov 7,
1978]
HABEAS CORPUS AND SUSPENSION OF LAWS
Section 15. The privilege of the writ of habeas
corpus shall not be
suspended unless, when in cases of rebellion or
invasion, the public safety
may require it. The power of suspending the
privilege of the writ of habeas
corpus, and the laws or the execution thereof,
shall never be exercised
except by the legislature, or by authority derived
from it to be exercised
in such particular cases only as the legislature
shall expressly prescribe.
[Ren and am Const Con 1978 and election Nov 7,
1978]
SUPREMACY OF CIVIL POWER
Section 16. The military shall be held in strict
subordination to the civil
power. [Ren Const Con 1978 and election Nov 7,
1978]
RIGHT TO BEAR ARMS
Section 17. A well regulated militia being
necessary to the security of a
free state, the right of the people to keep and
bear arms shall not be
infringed. [Ren Const Con 1978 and election Nov 7,
1978]
QUARTERING OF SOLDIERS
Section 18. No soldier or member of the militia
shall, in time of peace, be
quartered in any house, without the consent of the
owner or occupant, nor in
time of war, except in a manner provided by law. [Ren
and am Const Con 1978
and election Nov 7, 1978]
IMPRISONMENT FOR DEBT
Section 19. There shall be no imprisonment for
debt. [Ren Const Con 1978 and
election Nov 7, 1978]
EMINENT DOMAIN
Section 20. Private property shall not be taken or
damaged for public use
without just compensation. [Am Const Con 1968 and
election Nov 5, 1968; ren
Const Con 1978 and election Nov 7, 1978]
LIMITATIONS OF SPECIAL PRIVILEGES
Section 21. The power of the State to act in the
general welfare shall never
be impaired by the making of any irrevocable grant
of special privileges or
immunities. [Ren and am Const Con 1978 and election
Nov 7, 1978]
CONSTRUCTION
Section 22. The enumeration of rights and
privileges shall not be construed
to impair or deny others retained by the people. [Ren
Const Con 1978 and
election Nov 7, 1978]
MARRIAGE
Section 23. The legislature shall have the power to
reserve marriage to
opposite-sex couples. [Add HB 117 (1997) and
election Nov 3, 1998]
ARTICLE II
SUFFRAGE AND ELECTIONS
QUALIFICATIONS
Section 1. Every citizen of the United States who
shall have attained the
age of eighteen years, have been a resident of this
State not less than one
year next preceding the election and be a voter
registered as provided by
law, shall be qualified to vote in any state or
local election. [Am Const
Con 1968 and election Nov 5, 1968; am SB 41 (1971)
and election Nov 7, 1972;
am Const Con 1978 and election Nov 7, 1978]
DISQUALIFICATION
Section 2. No person who is non compos mentis shall
be qualified to vote. No
person convicted of a felony shall be
qualified to vote except upon the person's final
discharge or earlier as
provided by law. [Am Const Con 1968 and election
Nov 5, 1968; am Const Con
1978 and election Nov 7, 1978]
RESIDENCE
Section 3. No person shall be deemed to have gained
or lost residence simply
because of the person's presence or absence while
employed in the service of
the United States, or while engaged in navigation
or while a student at any
institution of learning. [Am Const Con 1978 and
election Nov 7, 1978]
REGISTRATION; VOTING
Section 4. The legislature shall provide for the
registration of voters and
for absentee voting and shall prescribe the method
of voting at all
elections. Secrecy of voting shall be preserved;
provided that no person
shall be required to declare a party preference or
nonpartisanship as a
condition of voting in any primary or special
primary election. Secrecy of
voting and choice of political party affiliation or
nonpartisanship shall be
preserved. [Am Const Con 1978 and election Nov 7,
1978]
CAMPAIGN FUND, SPENDING LIMIT
Section 5. The legislature shall establish a
campaign fund to be used for
partial public financing of campaigns for public
offices of the State and
its political subdivisions, as provided by law. The
legislature shall
provide a limit on the campaign spending of
candidates. [Add Const Con 1978
and election Nov 7, 1978]
CAMPAIGN CONTRIBUTIONS LIMITS
Section 6. Limitations on campaign contributions to
any political candidate,
or authorized political campaign organization for
such candidate, for any
elective office within the State shall be provided
by law. [Add Const Con
1978 and election Nov 7, 1978]
RESIGNATION FROM PUBLIC OFFICE
Section 7. Any elected public officer shall resign
from that office
before being eligible as a candidate for another
public office, if the
term of the office sought begins before the end of
the term of the
office held. [Add Const Con 1978 and election Nov
7, 1978]
GENERAL, SPECIAL AND PRIMARY ELECTIONS
Section 8. General elections shall be held on the
first Tuesday after the
first Monday in November in all even-numbered
years. Special and primary
elections may be held as provided by law; provided
that in no case shall any
primary election precede a general election by less
than forty-five days.
[Am Const Con 1968 and election Nov 5, 1968; ren
and am Const Con 1978 and
election Nov 7, 1978]
PRESIDENTIAL PREFERENCE PRIMARY
Section 9. A presidential preference primary may be
held as provided by law.
[Add Const Con 1968 and election Nov 5, 1968; ren
and am Const Con 1978 and
election Nov 7, 1978]
CONTESTED ELECTIONS
Section 10. Contested elections shall be determined
by a court of competent
jurisdiction in such manner as shall be provided by
law. [Part of ¼5, ren
Const Con 1968 and election Nov 5, 1968; ren Const
Con 1978 and election Nov
7, 1978]
ARTICLE III
THE LEGISLATURE
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 shall extend to all
rightful subjects of
legislation not inconsistent with this constitution
or the Constitution of
the United States.
COMPOSITION OF SENATE
Section 2. The senate shall be composed of
twenty-five members, who shall be
elected by the qualified voters of the respective
senatorial districts.
Until the next reapportionment the senatorial
districts and the number of
senators to be elected from each shall be as set
forth in the Schedule. [Am
Const Con 1968 and election Nov 5, 1968; am Const
Con 1978 and election Nov
7, 1978]
COMPOSITION OF HOUSE OF REPRESENTATIVES
Section 3. The house of representatives shall be
composed of fifty-one
members, who shall be elected by the qualified
voters of the respective
representative districts. Until the next
reapportionment, the representative
districts and the number of representatives to be
elected from each shall be
as set forth in the Schedule. [Am Const Con 1978
and election Nov 7, 1978]
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. 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 terms 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. [Ren
Const Con 1978 and election Nov 7, 1978; am HB 572
(1987) and election Nov
8, 1988]
VACANCIES
Section 5. Any vacancy in the legislature shall be
filled for the unexpired
term in such manner as may be provided by law, or,
if no provision be made
by law, by appointment by the governor for the
unexpired term. [Ren and am
Const Con 1978 and election Nov 7, 1978]
QUALIFICATIONS OF MEMBERS
Section 6. No person shall be eligible to serve as
a member of the
senate unless the person shall have been a resident
of the State for not
less than three years, have attained the age of
majority and be a
qualified voter of the senatorial district from
which the person seeks
to be elected. No person shall be eligible to serve
as a member of the
house of representatives unless the person shall
have been a resident of
the State for not less than three years, have
attained the age of
majority and be a qualified voter of the
representative district from
which the person seeks to be elected. [Am Const Con
1968 and election
Nov 5, 1968; ren and am Const Con 1978 and election
Nov 7, 1978]
PRIVILEGES OF MEMBERS
Section 7. No member of the legislature shall be
held to answer before any
other tribunal for any statement made or action
taken in the exercise of the
member's legislative functions; and members of the
legislature shall, in all
cases except felony or breach of the peace, be
privileged from arrest during
their attendance at the sessions of their
respective houses, and in going to
and returning from the same. [Ren and am Const Con
1978 and election Nov 7,
1978]
DISQUALIFICATIONS OF MEMBERS
Section 8. No member of the legislature shall hold
any other public office
under the State, nor shall the member, during the
term for which the member
is elected or appointed, be elected or appointed to
any public office or
employment which shall have been created, or the
emoluments whereof shall
have been increased, by legislative act during such
term. The term "public
offices," for the purposes of this section, shall
not include notaries
public, reserve police officers or officers of
emergency organizations for
civilian defense or disaster relief. The
legislature may prescribe further
disqualifications. [Ren and am Const Con 1978 and
election Nov 7, 1978]
SALARY; ALLOWANCES; COMMISSION ON LEGISLATIVE
SALARY
Section 9. The members of the legislature shall
receive allowances
reasonably related to expenses as provided by law,
and a salary
prescribed by the commission on legislative
salaries pursuant to this
section which shall be payable in installments and
at such times as
provided by law. There shall be a commission on
legislative salary,
which shall be appointed by the governor on or
before November 30, 1978,
and every eight years thereafter. Not later than
the fortieth
legislative day of the 1979 regular legislative
session and every eight
years thereafter, the commission shall submit to
the legislature and the
governor recommendations for a salary for members
of the legislature,
and then dissolve. The recommended salary submitted
shall become
effective as provided in the recommendation unless
the legislature
disapproves the recommendation by adoption of a
concurrent resolution
prior to adjournment sine die of the legislative
session in which the
recommendation is submitted or the governor
disapproves the
recommendation by a message of disapproval
transmitted to the
legislature prior to such adjournment. Any change
in salary which
becomes effective shall not apply to the
legislature to which the
recommendation for the change in salary was
submitted. [Am Const Con
1968 and election Nov 5, 1968; ren and am Const Con
1978 and election
Nov 7, 1978; am SB 2072 (1984) and election Nov 6,
1984]
SESSIONS
Section 10. The legislature shall convene annually
in regular session at
10:00 o'clock a.m. on the third Wednesday in
January. At the written request
of two-thirds of the members to which each house is
entitled, the presiding
officers of both houses shall convene the
legislature in special session. At
the written request of two-thirds of the members of
the senate, the
president of the senate shall convene the senate in
special session for the
purpose of carrying out its responsibility
established by Section 3 of
Article VI. The governor may convene both houses or
the senate alone in
special session. Regular sessions shall be limited
to a period of sixty
days, and special sessions shall be limited to a
period of thirty days. Any
session may be extended a total of not more than
fifteen days. Such
extension shall be granted by the presiding
officers of both houses at the
written request of two-thirds of the members to
which each house is entitled
or may be granted by the governor. Each regular
session shall be recessed
for not less than five days at some period between
the twentieth and
fortieth days of the regular session. The
legislature shall determine the
dates of the mandatory recess by concurrent
resolution. Any session may be
recessed by concurrent resolution adopted by a
majority of the members to
which each house is entitled. Saturdays, Sundays,
holidays, the days in
mandatory recess and any days in recess pursuant to
a concurrent resolution
shall be excluded in computing the number of days
of any session. All
sessions shall be held in the capital of the State.
In case the capital
shall be unsafe, the governor may direct that any
session be held at some
other place. [Am Const Con 1968 and election Nov 5,
1968; ren and am Const
Con 1978 and election Nov 7, 1978; am SB 1973
(1980) and election Nov 4,
1980]
ADJOURNMENT
Section 11. Neither house shall adjourn during any
session of the
legislature for more than three days, or sine die,
without the consent of
the other. [Ren Const Con 1978 and election Nov 7,
1978]
ORGANIZATION; DISCIPLINE; RULES; PROCEDURE
Section 12. Each house shall be the judge of the
elections, returns and
qualifications of its own members and shall have,
for misconduct, disorderly
behavior or neglect of duty of any member, power to
punish such member by
censure or, upon a two-thirds vote of all the
members to which such house is
entitled, by suspension or expulsion of such
member. Each house shall choose
its own officers, determine the rules of its
proceedings and keep a journal.
The ayes and noes of the members on any question
shall, at the desire of
one-fifth of the members present, be entered upon
the journal. Twenty days
after a bill has been referred to a committee in
either house, the bill may
be recalled from such committee by the affirmative
vote of one-third of the
members to which such house is entitled. Every
meeting of a committee in
either house or of a committee comprised of a
member or members from both
houses held for the purpose of making decision on
matters referred to the
committee shall be open to the public. By rule of
its proceedings,
applicable to both houses, each house shall provide
for the date by which
all bills to be considered in a regular session
shall be introduced. [Ren
and am Const Con 1978 and election Nov 7, 1978; am
HB 1947 (1984) and
election Nov 6, 1984]
QUORUM; COMPULSORY ATTENDANCE
Section 13. A majority of the number of members to
which each house is
entitled shall constitute a quorum of such house
for the conduct of ordinary
business, of which quorum a majority vote shall
suffice; but the final
passage of a bill in each house shall require the
vote of a majority of all
the members to which such house is entitled, taken
by ayes and noes and
entered upon its journal. A smaller number than a
quorum may adjourn from
day to day and may compel the attendance of absent
members in such manner
and under such penalties as each house may provide.
[Ren Const Con 1978 and
election Nov 7, 1978]
BILLS; ENACTMENT
Section 14. No law shall be passed 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." [Ren Const Con 1978 and election Nov 7,
1978]
PASSAGE OF BILLS
Section 15. No bill shall become law unless it
shall pass three readings in
each house on separate days. 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. [Am Const Con 1968 and election Nov 5,
1968; ren and am Const
Con 1978 and election Nov 7, 1978]
APPROVAL OR VETO
Section 16. 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.
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. [Am Const Con 1968 and election Nov 5,
1968; am SB 1943-74
(1974) and election Nov 5, 1974; ren and am Const
Con 1978 and election
Nov 7, 1978]
PROCEDURES UPON VETO
Section 17. Upon the receipt of a veto message from
the governor, each house
shall enter the same at large upon its journal and
proceed to reconsider the
vetoed bill, or the item or items vetoed, and again
vote upon such bill, or
such item or items, by ayes and noes, which shall
be entered upon its
journal. If after such reconsideration such bill,
or such item or items,
shall be approved by a two-thirds vote of all
members to which each house is
entitled, the same shall become law. [Ren Const Con
1978 and election Nov 7,
1978]
PUNISHMENT OF NONMEMBERS
Section 18. Each house may punish by fine, or by
imprisonment not exceeding
thirty days, any person not a member of either
house who shall be guilty of
disrespect of such house by any disorderly or
contemptuous behavior in its
presence or that of any committee thereof; or who
shall, on account of the
exercise of any legislative function, threaten harm
to the body or estate of
any of the members of such house; or who shall
assault, arrest or detain any
witness or other person ordered to attend such
house, on the witness' or
other person's way going to or returning therefrom;
or who shall rescue any
person arrested by order of such house. Any person
charged with such an
offense shall be informed in writing of the charge
made against the person
and have opportunity to present evidence and be
heard in the person's own
defense. [Ren and am Const Con 1978 and election
Nov 7, 1978]
IMPEACHMENT
Section 19. The governor and lieutenant governor,
and any appointive officer
for whose removal the consent of the senate is
required, may be removed from
office upon conviction of impeachment for such
causes as may be provided by
law.
The house of representatives shall have the sole
power of impeachment of the
governor and lieutenant governor and the senate the
sole power to try such
impeachments, and no such officer shall be
convicted without the concurrence
of two-thirds of the members of the senate. When
sitting for that purpose,
the members of the senate shall be on oath or
affirmation and the chief
justice shall preside. Subject to the provisions of
this paragraph, the
legislature may provide for the manner and
procedure of removal by
impeachment of such officers. The legislature shall
by law provide for the
manner and procedure of removal by impeachment of
the appointive officers.
Judgments in cases of impeachment shall not extend
beyond removal from
office and disqualification to hold and enjoy any
office of honor, trust or
profit under the State; but the person convicted
may nevertheless be liable
and subject to indictment, trial, judgment and
punishment as provided by
law. [Ren and am Const Con 1978 and election Nov 7,
1978]
ARTICLE IV
REAPPORTIONMENT
REAPPORTIONMENT YEARS
Section 1. The year 1973, the year 1981, and every
tenth year thereafter
shall be reapportionment years. [Add Const Con 1978
and election Nov 7,
1978]
REAPPORTIONMENT COMMISSION
Section 2. A reapportionment commission shall be
constituted on or
before May 1 of each reapportionment year and
whenever reapportionment
is required by court order. The commission shall
consist of nine
members. The president of the senate and the
speaker of the house of
representatives shall each select two members.
Members of each house
belonging to the party or parties different from
that of the president
or the speaker shall designate one of their number
for each house and
the two so designated shall each select two members
of the commission.
The eight members so selected, promptly after
selection, shall be
certified by the selecting authorities to the chief
election officer and
within thirty days thereafter, shall select, by a
vote of six members,
and promptly certify to the chief election officer
the ninth member who
shall serve as chairperson of the commission. Each
of the four officials
designated above as selecting authorities for the
eight members of the
commission, at the time of the commission
selections, shall also select
one person from each basic island unit to serve on
an apportionment
advisory council for that island unit. The councils
shall remain in
existence during the life of the commission and
each shall serve in an
advisory capacity to the commission for matters
affecting its island
unit. A vacancy in the commission or a council
shall be filled by the
initial selecting authority within fifteen days
after the vacancy
occurs. Commission and council positions and
vacancies not filled within
the times specified shall be filled promptly
thereafter by the supreme
court. The commission shall act by majority vote of
its membership and
shall establish its own procedures, except as may
be provided by law.
Not more than one hundred fifty days from the date
on which its members
are certified, the commission shall file with the
chief election officer
a reapportionment plan for the state legislature
and a reapportionment
plan for the United States congressional districts
which shall become
law after publication as provided by law. Members
of the commission
shall hold office until each reapportionment plan
becomes effective or
until such time as may be provided by law. No
member of the
reapportionment commission or an apportionment
advisory council shall be
eligible to become a candidate for election to
either house of the
legislature or to the United States House of
Representatives in either
of the first two elections under any such
reapportionment plan.
Commission and apportionment advisory council
members shall be
compensated and reimbursed for their necessary
expenses as provided by
law. The chief election officer shall be secretary
of the commission
without vote and, under the direction of the
commission, shall furnish
all necessary technical services. The legislature
shall appropriate
funds to enable the commission to carry out its
duties. [Add Const Con
1978 and election Nov 7, 1978; am HB 2322 (1992)
and election Nov 3,
1992]
CHIEF ELECTION OFFICER
Section 3. The legislature shall provide for a
chief election officer of the
State, whose responsibilities shall be as provided
by law and shall include
the supervision of state elections, the
maximization of registration of
eligible voters throughout the State and the
maintenance of data concerning
registered voters, elections, apportionment and
districting. [Add Const Con
1978 and election Nov 7, 1978]
APPORTIONMENT AMONG BASIC ISLAND UNITS
Section 4. The commission shall allocate the total
number of members of
each house of the state legislature being
reapportioned among the four
basic island units, namely: (1) the island of
Hawaii, (2) the islands of
Maui, Lanai, Molokai and Kahoolawe, (3) the island
of Oahu and all other
islands not specifically enumerated, and (4) the
islands of Kauai and
Niihau, using the total number of permanent
residents in each of the
basic island units and computed by the method known
as the method of
equal proportions; except that no basic island unit
shall receive less
than one member in each house. [Add Const Con 1978
and election Nov 7,
1978; am HB 2327 (1992) and election Nov 3, 1992]
MINIMUM REPRESENTATION FOR BASIC ISLAND UNITS
Section 5. The representation of any basic island
unit initially allocated
less than a minimum of two senators and three
representatives shall be
augmented by allocating thereto the number of
senators or representatives
necessary to attain such minimums which number,
notwithstanding the
provisions of Sections 2 and 3 of Article III shall
be added to the
membership of the appropriate body until the next
reapportionment. The
senators or representatives of any basic island
unit so augmented shall
exercise a fractional vote wherein the numerator is
the number initially
allocated and the denominator is the minimum above
specified. [Am Const Con
1968 and election Nov 5, 1968; ren Const Con 1978
and election Nov 7, 1978]
APPORTIONMENT WITHIN BASIC ISLAND UNITS
Section 6. Upon the determination of the total
number of members of each
house of the state legislature to which each basic
island unit is entitled,
the commission shall apportion the members among
the districts therein and
shall redraw district lines where necessary in such
manner that for each
house the average number of permanent residents per
member in each district
is as nearly equal to the average for the basic
island unit as practicable.
In effecting such redistricting, the commission
shall be guided by the
following criteria: 1. No district shall extend
beyond the boundaries of any
basic island unit. 2. No district shall be so drawn
as to unduly favor a
person or political faction. 3. Except in the case
of districts encompassing
more than one island, districts shall be
contiguous. 4. Insofar as
practicable, districts shall be compact. 5. Where
possible, district lines
shall follow permanent and easily recognized
features, such as streets,
streams and clear geographical features, and, when
practicable, shall
coincide with census tract boundaries. 6. Where
practicable, representative
districts shall be wholly included within
senatorial districts.
7. Not more than four members shall be elected from
any district. 8. Where
practicable, submergence of an area in a larger
district wherein
substantially different socio-economic interests
predominate shall be
avoided. [Add Const Con 1978 and election Nov 7,
1978; am HB 2327 (1992) and
election Nov 3, 1992]
ELECTION OF SENATORS AFTER REAPPORTIONMENT
Section 7. Regardless of whether or not a senator
is serving a term which
would have extended past the general election at
which an apportionment plan
becomes effective, the term of office of all
senators shall end at that
general election. The staggered terms of senators
in each district shall be
recomputed as established by the next section in
this article, and the
number of senators in a senatorial district under
the reapportionment plan
of the commission. [Add Const Con 1978 and election
Nov 7, 1978; am SB 2234
(1992) and election Nov 3, 1992]
STAGGERED TERMS FOR THE SENATE
Section 8. Any re-elected senator whose prior term
was shortened to two
years by the occurrence of the reapportionment year
shall, after
reapportionment, be assigned to serve a four- year
term. Any new senator and
re-elected senator whose prior term was not
shortened by the occurrence of
the reapportionment year shall, after
reapportionment, be assigned to serve
a two- year term. If the number of senators
assigned to serve a two-year
term under the previous paragraph exceeds twelve,
the number of such
senators shall be reduced to twelve by random
selection as provided by law.
[Add Const Con 1978 and election Nov 7, 1978; am HB
572 (1987) and election
Nov 8, 1988; am SB 2234 (1992) and election Nov 3,
1992]
CONGRESSIONAL REDISTRICTING FOR UNITED STATES HOUSE
OF REPRESENTATIVES
Section 9. The commission shall, at such times as
may be required by this
article and as may be required by law of the United
States, redraw
congressional district lines for the districts from
which the members of the
United States House of Representatives allocated to
this State by Congress
are elected. [Add Const Con 1978 and election Nov
7, 1978]
MANDAMUS AND JUDICIAL REVIEW
Section 10. Original jurisdiction is vested in the
supreme court of the
State to be exercised on the petition of any
registered voter whereby it may
compel, by mandamus or otherwise, the appropriate
person or persons to
perform their duty or to correct any error made in
a reapportionment plan,
or it may take such other action to effectuate the
purposes of this section
as it may deem appropriate. Any such petition shall
be filed within
forty-five days of the date specified for any duty
or within forty-five days
after the filing of a reapportionment plan. [Add
Const Con 1978 and election
Nov 7, 1978]
ARTICLE V
THE EXECUTIVE
ESTABLISHMENT OF THE EXECUTIVE
Section 1. The executive power of the State shall
be vested in a governor.
The governor shall be elected by the qualified
voters of this State at a
general election. The person receiving the highest
number of votes shall be
the governor. In case of a tie vote, the selection
of the governor shall be
determined as provided by law. The term of office
of the governor shall
begin at noon on the first Monday in December next
following the governor's
election and end at noon on the first Monday in
December, four years
thereafter. No person shall be elected to the
office of governor for more
than two consecutive full terms. No person shall be
eligible for the office
of governor unless the person shall be a qualified
voter, have attained the
age of thirty years and have been a resident of
this State for five years
immediately preceding the person's election. The
governor shall not hold any
other office or employment of profit under the
State or the United States
during the governor's term of office. [Am Const Con
1968 and election Nov 5,
1968; ren and am Const Con 1978 and election Nov 7,
1978]
LIEUTENANT GOVERNOR
Section 2. There shall be a lieutenant governor who
shall have the same
qualifications as the governor. The lieutenant
governor shall be elected
at the same time, for the same term and in the same
manner as the
governor; provided that the votes cast in the
general election for the
nominee for governor shall be deemed cast for the
nominee for lieutenant
governor of the same political party. No person
shall be elected to the
office of lieutenant governor for more than two
consecutive full terms.
The lieutenant governor shall perform such duties
as may be provided by
law. [Am HB 19 (1964) and election Nov 3, 1964; ren
and am Const Con
1978 and election Nov 7, 1978]
COMPENSATION: GOVERNOR, LIEUTENANT GOVERNOR
Section 3. The compensation of the governor and of
the lieutenant governor
shall be as provided by law, but shall not be less
than thirty-three
thousand five hundred dollars, and twenty- seven
thousand five hundred
dollars, respectively, a year. Such compensation
shall not be increased or
decreased for their respective terms, unless by
general law applying to all
salaried officers of the State. When the lieutenant
governor succeeds to the
office of the governor, the lieutenant governor
shall receive the
compensation for that office. [Am Const Con 1968
and election Nov 5, 1968;
ren and am Const Con 1978 and election Nov 7, 1978]
SUCCESSION TO GOVERNORSHIP; ABSENCE OR DISABILITY
OF GOVERNOR
Section 4. When the office of governor is vacant,
the lieutenant governor
shall become governor. In the event of the absence
of the governor from the
State, or the governor's inability to exercise and
discharge the powers and
duties of the governor's office, such powers and
duties shall devolve upon
the lieutenant governor during such absence or
disability. When the office
of lieutenant governor is vacant, or in the event
of the absence of the
lieutenant governor from the State, or the
lieutenant governor's inability
to exercise and discharge the powers and duties of
the lieutenant governor's
office, such powers and duties shall devolve upon
such officers in such
order of succession as may be provided by law. In
the event of the
impeachment of the governor or of the lieutenant
governor, the governor or
the lieutenant governor shall not exercise the
powers of the applicable
office until acquitted. [Ren and am Const Con 1978
and election Nov 7, 1978]
EXECUTIVE POWERS
Section 5. The governor shall be responsible for
the faithful execution
of the laws. The governor shall be commander in
chief of the armed
forces of the State and may call out such forces to
execute the laws,
suppress or prevent insurrection or lawless
violence or repel invasion.
The governor shall, at the beginning of each
session, and may, at other
times, give to the legislature information
concerning the affairs of the
State and recommend to its consideration such
measures as the governor
shall deem expedient. The governor may grant
reprieves, commutations and
pardons, after conviction, for all offenses,
subject to regulation by
law as to the manner of applying for the same. The
legislature may, by
general law, authorize the governor to grant
pardons before conviction,
to grant pardons for impeachment and to restore
civil rights denied by
reason of conviction of offenses by tribunals other
than those of this
State. The governor shall appoint an administrative
director to serve at
the governor's pleasure. [Ren and am Const Con 1978
and election Nov 7,
1978]
EXECUTIVE AND ADMINISTRATIVE OFFICES AND
DEPARTMENTS
Section 6. All executive and administrative
offices, departments and
instrumentalities of the state government and their
respective powers and
duties shall be allocated by law among and within
not more than twenty
principal departments in such a manner as to group
the same according to
common purposes and related functions. Temporary
commissions or agencies for
special purposes may be established by law and need
not be allocated within
a principal department. Each principal department
shall be under the
supervision of the governor and, unless otherwise
provided in this
constitution or by law, shall be headed by a single
executive. Such single
executive shall be nominated and, by and with the
advice and consent of the
senate, appointed by the governor. That person
shall hold office for a term
to expire at the end of the term for which the
governor was elected, unless
sooner removed by the governor; except that the
removal of the chief legal
officer of the State shall be subject to the advice
and consent of the
senate. Except as otherwise provided in this
constitution, whenever a board,
commission or other body shall be the head of a
principal department of the
state government, the members thereof shall be
nominated and, by and with
the advice and consent of the senate, appointed by
the governor. The term of
office and removal of such members shall be as
provided by law. Such board,
commission or other body may appoint a principal
executive officer who, when
authorized by law, may be an ex officio, voting
member thereof, and who may
be removed by a majority vote of the members
appointed by the governor. The
governor shall nominate and, by and with the advice
and consent of the
senate, appoint all officers for whose election or
appointment provision is
not otherwise provided for by this constitution or
by law. If the manner or
removal of an officer is not prescribed in this
constitution, removal shall
be as provided by law. When the senate is not in
session and a vacancy
occurs in any office, appointment to which requires
the confirmation of the
senate, the governor may fill the office by
granting a commission which
shall expire, unless such appointment is confirmed,
at the end of the next
session of the senate. The person so appointed
shall not be eligible for
another interim appointment to such office if the
appointment failed to be
confirmed by the senate. No person who has been
nominated for appointment to
any office and whose appointment has not received
the consent of the senate
shall be eligible to an interim appointment
thereafter to such office. Every
officer appointed under the provisions of this
section shall be a citizen of
the United States and shall have been a resident of
this State for at least
one year immediately preceding that person's
appointment, except that this
residency requirement shall not apply to the
president of the University of
Hawaii. [Am Const Con 1968 and election Nov 5,
1968; ren and am Const Con
1978 and election Nov 7, 1978]
ARTICLE VI
THE JUDICIARY
JUDICIAL POWER
Section 1. The judicial power of the State shall be
vested in one supreme
court, one intermediate appellate court, circuit
courts, district courts and
in such other courts as the legislature may from
time to time establish. The
several courts shall have original and appellate
jurisdiction as provided by
law and shall establish time limits for disposition
of cases in accordance
with their rules. [Ren and am Const Con 1978 and
election Nov 7, 1978]
SUPREME COURT; INTERMEDIATE APPELLATE COURT;
CIRCUIT COURTS
Section 2. The supreme court shall consist of a
chief justice and four
associate justices. The chief justice may assign a
judge or judges of
the intermediate appellate court or a circuit court
to serve temporarily
on the supreme court, a judge of the circuit court
to serve temporarily
on the intermediate appellate court and a judge of
the district court to
serve temporarily on the circuit court. As provided
by law, at the
request of the chief justice, retired justices of
the supreme court also
may serve temporarily on the supreme court, and
retired judges of the
intermediate appellate court, the circuit courts,
the district courts
and the district family courts may serve
temporarily on the intermediate
appellate court, on any circuit court, on any
district court and on any
district family court, respectively. In case of a
vacancy in the office
of chief justice, or if the chief justice is ill,
absent or otherwise
unable to serve, an associate justice designated in
accordance with the
rules of the supreme court shall serve temporarily
in place of the chief
justice. [Am Const Con 1968 and election Nov 5,
1968; ren and am Const
Con 1978 and election Nov 7, 1978; am HB 355 (1985)
and election Nov 4,
1986]
APPOINTMENT OF JUSTICES AND JUDGES
Section 3. The governor, with the consent of the
senate, shall fill a
vacancy in the office of the chief justice, supreme
court, intermediate
appellate court and circuit courts, by appointing a
person from a list of
not less than four, and not more than six, nominees
for the vacancy,
presented to the governor by the judicial selection
commission. If the
governor fails to make any appointment within
thirty days of presentation,
or within ten days of the senate's rejection of any
previous appointment,
the appointment shall be made by the judicial
selection commission from the
list with the consent of the senate. If the senate
fails to reject any
appointment within thirty days thereof, it shall be
deemed to have given its
consent to such appointment. If the senate shall
reject any appointment, the
governor shall make another appointment from the
list within ten days
thereof. The same appointment and consent procedure
shall be followed until
a valid appointment has been made, or failing this,
the commission shall
make the appointment from the list, without senate
consent. The chief
justice, with the consent of the senate, shall fill
a vacancy in the
district courts by appointing a person from a list
of not less than six
nominees for the vacancy presented by the judicial
commission. If the chief
justice fails to make the appointment within thirty
days of presentation, or
within ten days of the senate's rejection of any
previous appointment, the
appointment shall be made by the judicial selection
commission from the list
with the consent of the senate. The senate must
hold a public hearing and
vote on each appointment within thirty days of any
appointment. If the
senate fails to do so, the nomination shall be
returned to the commission
and the commission shall make the appointment from
the list without senate
consent. The chief justice shall appoint per diem
district court judges as
provided by law.
QUALIFICATIONS FOR APPOINTMENT
Justices and judges shall be residents and citizens
of the State and of
the United States, and licensed to practice law by
the supreme court. A
justice of the supreme court, a judge of the
intermediate appellate
court and a judge of the circuit court shall have
been so licensed for a
period of not less than ten years preceding
nomination. A judge of the
district court shall have been so licensed for a
period of not less than
five years preceding nomination. No justice or
judge shall, during the
term of office, engage in the practice of law, or
run for or hold any
other office or position of profit under the United
States, the State or
its political subdivisions.
TENURE; COMPENSATION; RETIREMENT
The term of office of justices and judges of the
supreme court, intermediate
appellate court and circuit courts shall be ten
years. Judges of district
courts shall hold office for the periods as
provided by law. At least six
months prior to the expiration of a justice's or
judge's term of office,
every justice and judge shall petition the judicial
selection commission to
be retained in office or shall inform the
commission of an intention to
retire. If the judicial selection commission
determines that the justice or
judge should be retained in office, the commission
shall renew the term of
office of such justice or judge for the period
provided by this section or
by law. There shall be a salary commission to
review and recommend salaries
for justices and judges of all state courts.
Justices and judges shall have
salaries as provided by law. Their compensation
shall not be decreased
during their respective terms of office, unless by
general law applying to
all salaried officers of the State. They shall be
retired upon attaining the
age of seventy years. They shall be included in any
retirement law of the
State. [Am Const Con 1968 and election Nov 5, 1968;
ren and am Const Con
1978 and election Nov 7, 1978; am SB 2182 (1994)
and SB 2294 (1994) and
election Nov 8, 1994]
JUDICIAL SELECTION COMMISSION
Section 4. There shall be a judicial selection
commission that shall
consist of nine members. The governor shall appoint
two members to the
commission. No more than one of the two members
shall be a licensed
attorney. The president of the senate and the
speaker of the house of
representatives shall each respectively appoint two
members to the
commission. The chief justice of the supreme court
shall appoint one
member to the commission. Members in good standing
of the bar of the
State shall elect two of their number to the
commission in an election
conducted by the supreme court or its delegate. No
more than four
members of the commission shall be licensed
attorneys. At all times, at
least one member of the commission shall be a
resident of a county other
than the City and County of Honolulu. The
commission shall be selected
and shall operate in a wholly nonpartisan manner.
After the initial
formation of the commission, elections and
appointments to the
commission shall be for staggered terms of six
years each.
Notwithstanding the foregoing, no member of the
commission shall serve
for more than six years on the commission. Each
member of the judicial
selection commission shall be a resident of the
State and a citizen of
the United States. No member shall run for or hold
any other elected
office under the United States, the State or its
political subdivisions.
No member shall take an active part in political
management or in
political campaigns. No member shall be eligible
for appointment to the
judicial office of the State so long as the person
is a member of the
judicial commission and for a period of three years
thereafter. No act
of the judicial selection commission shall be valid
except by
concurrence of the majority of its voting members.
The judicial
selection commission shall select one of its
members to serve as
chairperson. The commission shall adopt rules which
shall have the force
and effect of law. The deliberations of the
commission shall be
confidential. The legislature shall provide for the
staff and operating
expenses of the judicial selection commission in a
separate budget. No
member of the judicial selection commission shall
receive any
compensation for commission services, but shall be
allowed necessary
expenses for travel, board and lodging incurred in
the performance of
commission duties. The judicial selection
commission shall be attached
to the judiciary branch of the state government for
purposes of
administration. [Add Const Con 1978 and election
Nov 7, 1978; am SB 2513
(1994) and SB 2515 (1994) and election Nov 8, 1994]
RETIREMENT; REMOVAL; DISCIPLINE
Section 5. The supreme court shall have the power
to reprimand, discipline,
suspend with or without salary, retire or remove
from office any justice or
judge for misconduct or disability, as provided by
rules adopted by the
supreme court. The supreme court shall create a
commission on judicial
discipline which shall have authority to
investigate and conduct hearings
concerning allegations of misconduct or disability
and to make
recommendations to the supreme court concerning
reprimand, discipline,
suspension, retirement or removal of any justice or
judge. [Am Const Con
1968 and election Nov 5, 1968; ren and am Const Con
1978 and election Nov 7,
1978]
ADMINISTRATION
Section 6. The chief justice of the supreme court
shall be the
administrative head of the courts. The chief
justice may assign judges from
one circuit court to another for temporary service.
With the approval of the
supreme court, the chief justice shall appoint an
administrative director to
serve at the chief justice's pleasure. [Ren and am
Const Con 1978 and
election Nov 7, 1978]
RULES
Section 7. The supreme court shall have power to
promulgate rules and
regulations in all civil and criminal cases for all
courts relating to
process, practice, procedure and appeals, which
shall have the force and
effect of law. [Ren Const Con 1978 and election Nov
7, 1978]
ARTICLE VII
TAXATION AND FINANCE
TAXING POWER INALIENABLE
Section 1. The power of taxation shall never be
surrendered, suspended or
contracted away. [Ren Const Con 1978 and election
Nov 7, 1978]
INCOME TAXATION
Section 2. In enacting any law imposing a tax on or
measured by income, the
legislature may define income by reference to
provisions of the laws of the
United States as they may be or become effective at
any time or from time to
time, whether retrospective or prospective in their
operation. The
legislature may provide that amendments to such
laws of the United States
shall become the law of the State upon their
becoming the law of the United
States. The legislature shall in any such law set
the rate or rates of such
tax. The legislature may in so defining income make
exceptions, additions or
modifications to any provisions of the laws of the
United States so referred
to and provide for retrospective exceptions or
modifications to those
provisions which are retrospective. [Add Const Con
1978 and election Nov 7,
1978]
TAX REVIEW COMMISSION
Section 3. There shall be a tax review commission,
which shall be appointed
as provided by law on or before July 1, 1980, and
every five years
thereafter. The commission shall submit to the
legislature an evaluation of
the State's tax structure, recommend revenue and
tax policy and then
dissolve. [Add Const Con 1978 and election Nov 7,
1978]
APPROPRIATIONS FOR PRIVATE PURPOSES PROHIBITED
Section 4. No tax shall be levied or appropriation
of public money or
property made, nor shall the public credit be used,
directly or indirectly,
except for a public purpose. No grant shall be made
in violation of Section
4 of Article I of
this constitution. No grant of public money or
property shall be made except
pursuant to standards provided by law. [Ren Const
Con 1968 and election Nov
5, 1968; ren and am Const Con 1978 and election Nov
7, 1978]
EXPENDITURE CONTROLS
Section 5. Provision for the control of the rate of
expenditures of
appropriated state moneys, and for the reduction of
such expenditures under
prescribed conditions, shall be made by law. No
public money shall be
expended except pursuant to appropriations made by
law. General fund
expenditures for any fiscal year shall not exceed
the State's current
general fund revenues and unencumbered cash
balances, except when the
governor publicly declares the public health,
safety or welfare is
threatened as provided by law. [Ren Const Con 1968
and election Nov 5, 1968;
ren and am Const Con 1978 and election Nov 7, 1978]
DISPOSITION OF EXCESS REVENUES
Section 6. Whenever the state general fund balance
at the close of each of
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