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