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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
two successive fiscal years exceeds five percent of
general fund revenues
for each of the two fiscal years, the legislature
in the next regular
session shall provide for a tax refund or tax
credit to the taxpayers of the
State, as provided by law. [Add Const Con 1978 and
election Nov 7, 1978]
COUNCIL ON REVENUES
Section 7. There shall be established by law a
council on revenues which
shall prepare revenue estimates of the state
government and shall report the
estimates to the governor and the legislature at
times provided by law. The
estimates shall be considered by the governor in
preparing the budget,
recommending appropriations and revenues and
controlling expenditures. The
estimates shall be considered by the legislature in
appropriating funds and
enacting revenue measures. All revenue estimates
submitted by the council to
the governor and the legislature shall be made
public. If the legislature in
appropriating funds or if the governor in preparing
the budget or
recommending appropriations exceeds estimated
revenues due to proposed
expenditures, this fact shall be made public
including the reasons therefor.
[Add Const Con 1978 and election Nov 7, 1978]
THE BUDGET
Section 8. Within such time prior to the opening of
each regular session in
an odd-numbered year as may be provided by law, the
governor shall submit to
the legislature a budget in a form provided by law
setting forth a complete
plan of proposed expenditures of the executive
branch, estimates as provided
by law of the aggregate expenditures of the
judicial and legislative
branches, and anticipated receipts of the State for
the ensuing fiscal
biennium, together with such other information as
the legislature may
require. A complete plan of proposed expenditures
of the judicial branch for
the ensuing fiscal biennium shall be submitted by
the chief justice to the
legislature in a form and within such time prior to
the opening of each
regular session in an odd-numbered year as shall be
provided by law. The
budget prepared by the governor and the plan of
proposed expenditures
prepared by the chief justice shall also be
submitted in bill form. The
governor shall also, upon the opening of each such
session, submit bills to
provide for such proposed expenditures and for any
recommended additional
revenues or borrowings by which the proposed
expenditures are to be met. The
proposed general fund expenditures in the plan of
proposed expenditures,
including estimates of the aggregate expenditures
of the judicial and
legislative branches, submitted by the governor
shall not exceed the general
fund expenditure ceiling established by the
legislature under section 9 of
this article; provided that proposed general fund
expenditures in the plan
may exceed such ceiling if the governor sets forth
the dollar amount and the
rate by which the ceiling will be exceeded and the
reasons therefor. [Am
Const Con 1968 and election Nov 5, 1968; ren and am
Const Con 1978 and
election Nov 7, 1978]
LEGISLATIVE APPROPRIATIONS; PROCEDURES; EXPENDITURE
CEILING
Section 9. In each regular session in an
odd-numbered year, the
legislature shall transmit to the governor an
appropriation bill or
bills providing for the anticipated total
expenditures of the State for
the ensuing fiscal biennium. In such session, no
appropriation bill,
except bills recommended by the governor for
immediate passage, or to
cover the expenses of the legislature, shall be
passed on final reading
until the bill authorizing operating expenditures
for the ensuing fiscal
biennium, to be known as the general appropriations
bill, shall have
been transmitted to the governor. In each regular
session in an
even-numbered year, at such time as may be provided
by law, the governor
may submit to the legislature a bill to amend any
appropriation for
operating expenditures of the current fiscal
biennium, to be known as
the supplemental appropriations bill, and bills to
amend any
appropriations for capital expenditures of the
current fiscal biennium,
and at the same time the governor shall submit a
bill or bills to
provide for any added revenues or borrowings that
such amendments may
require. In each regular session in an even-
numbered year, bills may be
introduced in the legislature to amend any
appropriation act or bond
authorization act of the current fiscal biennium or
prior fiscal
periods. In any such session in which the
legislature submits to the
governor a supplemental appropriations bill, no
other appropriation
bill, except bills recommended by the governor for
immediate passage, or
to cover the expenses of the legislature, shall be
passed on final
reading until such supplemental appropriations bill
shall have been
transmitted to the governor.
GENERAL FUND EXPENDITURE CEILING
Notwithstanding any other provision to the
contrary, the legislature shall
establish a general fund expenditure ceiling which
shall limit the rate of
growth of general fund appropriations, excluding
federal funds received by
the general fund, to the estimated rate of growth
of the State's economy as
provided by law. No appropriations in excess of
such ceiling shall be
authorized during any legislative session unless
the legislature shall, by a
two-thirds vote of the members to which each house
of the legislature is
entitled, set forth the dollar amount and the rate
by which the ceiling will
be exceeded and the reasons therefor. [Am Const Con
1968 and election Nov 5,
1968; am SB 1947-72 (1972) and election Nov 7,
1972; ren and am Const Con
1978 and election Nov 7, 1978]
AUDITOR
Section 10. The legislature, by a majority vote of
each house in joint
session, shall appoint an auditor who shall serve
for a period of eight
years and thereafter until a successor shall have
been appointed. The
legislature, by a two-thirds vote of the members in
joint session, may
remove the auditor from office at any time for
cause. It shall be the duty
of the auditor to conduct post-audits of the
transactions, accounts,
programs and performance of all departments,
offices and agencies of the
State and its political subdivisions, to certify to
the accuracy of all
financial statements issued by the respective
accounting officers and to
report the auditor's findings and recommendations
to the governor and to the
legislature at such times as shall be provided by
law. The auditor shall
also make such additional reports and conduct such
other investigations as
may be directed by the legislature. [Ren Const Con
1968 and election Nov 5,
1968; ren and am Const Con 1978 and election Nov 7,
1978]
LAPSING OF APPROPRIATIONS
Section 11. All appropriations for which the source
is general obligation
bond funds or general funds shall be for specified
periods. No such
appropriation shall be made for a period exceeding
three years; provided
that appropriations from the state educational
facilities improvement
special fund may be made for periods exceeding
three years to allow for
construction or acquisition of public school
facilities. Any such
appropriation or any portion of any such
appropriation that is unencumbered
at the close of the fiscal period for which the
appropriation is made shall
lapse; provided that no appropriation for which the
source is general
obligation bond funds nor any portion of any such
appropriation shall lapse
if the legislature determines that the
appropriation or any portion of the
appropriation is necessary to qualify for federal
aid financing and
reimbursement. Where general obligation bonds have
been authorized for an
appropriation, the amount of the bond authorization
shall be reduced in an
amount equal to the amount lapsed. [Add Const Con
1978 and election Nov 7,
1978; am SB 2211 (1996) and election Nov 5, 1996]
DEFINITIONS; ISSUANCE OF INDEBTEDNESS
Section 12. For the purposes of this article: 1.
The term "bonds" shall
include bonds, notes and other instruments of
indebtedness. 2. The term
"general obligation bonds" means all bonds for the
payment of the
principal and interest of which the full faith and
credit of the State
or a political subdivision are pledged and, unless
otherwise indicated,
includes reimbursable general obligation bonds. 3.
The term "net
revenues" or "net user tax receipts" means the
revenues or receipts
derived from: a. A public undertaking, improvement
or system remaining
after the costs of operation, maintenance and
repair of the public
undertaking, improvement or system, and the
required payments of the
principal of and interest on all revenue bonds
issued therefor, have
been made; or b. Any payments or return on security
under a loan program
or a loan thereunder, after the costs of operation
and administration of
the loan program, and the required payments of the
principal of and
interest on all revenue bonds issued therefor, have
been made. 4. The
term "person" means an individual, firm,
partnership, corporation,
association, cooperative or other legal entity,
governmental body or
agency, board, bureau or other instrumentality
thereof, or any
combination of the foregoing. 5. The term "rates,
rentals and charges"
means all revenues and other moneys derived from
the operation or lease
of a public undertaking, improvement or system, or
derived from any
payments or return on security under a loan program
or a loan
thereunder; provided that insurance premium
payments, assessments and
surcharges, shall constitute rates, rentals and
charges of a state
property insurance program. 6. The term
"reimbursable general obligation
bonds" means general obligation bonds issued for a
public undertaking,
improvement or system from which revenues, or user
taxes, or a
combination of both, may be derived for the payment
of the principal and
interest as reimbursement to the general fund and
for which
reimbursement is required by law, and, in the case
of general obligation
bonds issued by the State for a political
subdivision, general
obligation bonds for which the payment of the
principal and interest as
reimbursement to the general fund is required by
law to be made from the
revenue of the political subdivision. 7. The term
"revenue bonds" means
all bonds payable from the revenues, or user taxes,
or any combination
of both, of a public undertaking, improvement,
system or loan program
and any loan made thereunder and secured as may be
provided by law,
including a loan program to provide loans to a
state property insurance
program providing hurricane insurance coverage to
the general public. 8.
The term "special purpose revenue bonds" means all
bonds payable from
rental or other payments made to an issuer by a
person pursuant to
contract and secured as may be provided by law. 9.
The term "user tax"
means a tax on goods or services or on the
consumption thereof, the
receipts of which are substantially derived from
the consumption, use or
sale of goods and services in the utilization of
the functions or
services furnished by a public undertaking,
improvement or system;
provided that mortgage recording taxes shall
constitute user taxes of a
state property insurance program. The legislature,
by a majority vote of
the members to which each house is entitled, shall
authorize the
issuance of all general obligation bonds, bonds
issued under special
improvement statutes and revenue bonds issued by or
on behalf of the
State and shall prescribe by general law the manner
and procedure for
such issuance. The legislature by general law shall
authorize political
subdivisions to issue general obligation bonds,
bonds issued under
special improvement statutes and revenue bonds and
shall prescribe the
manner and procedure for such issuance. All such
bonds issued by or on
behalf of a political subdivision shall be
authorized by the governing
body of such political subdivision. Special purpose
revenue bonds shall
only be authorized or issued to finance facilities
of or for, or to loan
the proceeds of such bonds to assist: 1.
Manufacturing, processing or
industrial enterprises; 2. Utilities serving the
general public; 3.
Health care facilities provided to the general
public by not-for-profit
corporations; 4. Early childhood education and care
facilities provided
to the general public by not-for-profit
corporations; or
5. Low and moderate income government housing
programs, each of which is
hereinafter referred to in this paragraph as a
special purpose entity.
The legislature, by a two-thirds vote of the
members to which each house
is entitled, may enact enabling legislation for the
issuance of special
purpose revenue bonds separately for each special
purpose entity, and,
by a two-thirds vote of the members to which each
house is entitled and
by separate legislative bill, may authorize the
State to issue special
purpose revenue bonds for each single project or
multi-project program
of each special purpose entity; provided that the
issuance of such
special purpose revenue bonds is found to be in the
public interest by
the legislature. The legislature may enact enabling
legislation to
authorize political subdivisions to issue special
purpose revenue bonds.
If so authorized, a political subdivision by a
two-thirds vote of the
members to which its governing body is entitled and
by separate
ordinance may authorize the issuance of special
purpose revenue bonds
for each single project or multi- project program
of each special
purpose entity; provided that the issuance of such
special purpose
revenue bonds is found to be in the public interest
by the governing
body of the political subdivision. No special
purpose revenue bonds
shall be secured directly or indirectly by the
general credit of the
issuer or by any revenues or taxes of the issuer
other than receipts
derived from payments by a person under contract or
from any security
for such contract or special purpose revenue bonds
and no moneys other
than such receipts shall be applied to the payment
thereof. The governor
shall provide the legislature in November of each
year with a report on
the cumulative amount of all special purpose
revenue bonds authorized
and issued, and such other information as may be
necessary. [Am Const
Con 1968 and election Nov 5, 1968; ren and am Const
Con 1978 and
election Nov 7, 1978; am L 1994, c 280, ¼2 (HB
2692-94) and election Nov
8, 1994; am HB 4142 (1996) and election Nov 5,
1996]
DEBT LIMIT; EXCLUSIONS
Section 13. General obligation bonds may be issued
by the State;
provided that such bonds at the time of issuance
would not cause the
total amount of principal and interest payable in
the current or any
future fiscal year, whichever is higher, on such
bonds and on all
outstanding general obligation bonds to exceed: a
sum equal to twenty
percent of the average of the general fund revenues
of the State in the
three fiscal years immediately preceding such
issuance until June 30,
1982; and thereafter, a sum equal to eighteen and
one-half percent of
the average of the general fund revenues of the
State in the three
fiscal years immediately preceding such issuance.
Effective July 1,
1980, the legislature shall include a declaration
of findings in every
general law authorizing the issuance of general
obligation bonds that
the total amount of principal and interest,
estimated for such bonds and
for all bonds authorized and unissued and
calculated for all bonds
issued and outstanding, will not cause the debt
limit to be exceeded at
the time of issuance. Any bond issue by or on
behalf of the State may
exceed the debt limit if an emergency condition is
declared to exist by
the governor and concurred to by a two-thirds vote
of the members to
which each house of the legislature is entitled.
For the purpose of this
paragraph, general fund revenues of the State shall
not include moneys
received as grants from the federal government and
receipts in
reimbursement of any reimbursable general
obligation bonds which are
excluded as permitted by this section. A sum equal
to fifteen percent of
the total of the assessed values for tax rate
purposes of real property
in each political subdivision, as determined by the
last tax assessment
rolls pursuant to law, is established as the limit
of the funded debt of
such political subdivision that is outstanding and
unpaid at any time.
All general obligation bonds for a term exceeding
two years shall be in
serial form maturing in substantially equal
installments of principal,
or maturing in substantially equal installments of
both principal and
interest. The first installment of principal of
general obligation bonds
and of reimbursable general obligation bonds shall
mature not later than
five years from the date of issue of such series.
The last installment
on general obligation bonds shall mature not later
than twenty-five
years from the date of such issue and the last
installment on general
obligation bonds sold to the federal government, on
reimbursable general
obligation bonds and on bonds constituting
instruments of indebtedness
under which the State or a political subdivision
incurs a contingent
liability as a guarantor shall mature not later
than thirty-five years
from the date of such issue. The interest and
principal payments of
general obligation bonds shall be a first charge on
the general fund of
the State or political subdivision, as the case may
be. In determining
the power of the State to issue general obligation
bonds or the funded
debt of any political subdivision under section 12,
the following shall
be excluded: 1. Bonds that have matured, or that
mature in the then
current fiscal year, or that have been irrevocably
called for redemption
and the redemption date has occurred or will occur
in the then fiscal
year, or for the full payment of which moneys or
securities have been
irrevocably set aside. 2. Revenue bonds, if the
issuer thereof is
obligated by law to impose rates, rentals and
charges for the use and
services of the public undertaking, improvement or
system or the
benefits of a loan program or a loan thereunder or
to impose a user tax,
or to impose a combination of rates, rentals and
charges and user tax,
as the case may be, sufficient to pay the cost of
operation, maintenance
and repair, if any, of the public undertaking,
improvement or system or
the cost of maintaining a loan program or a loan
thereunder and the
required payments of the principal of and interest
on all revenue bonds
issued for the public undertaking, improvement or
system or loan
program, and if the issuer is obligated to deposit
such revenues or tax
or a combination of both into a special fund and to
apply the same to
such payments in the amount necessary therefor. 3.
Special purpose
revenue bonds, if the issuer thereof is required by
law to contract with
a person obligating such person to make rental or
other payments to the
issuer in an amount at least sufficient to make the
required payment of
the principal of and interest on such special
purpose revenue bonds. 4.
Bonds issued under special improvement statutes
when the only security
for such bonds is the properties benefited or
improved or the
assessments thereon. 5. General obligation bonds
issued for assessable
improvements, but only to the extent that
reimbursements to the general
fund for the principal and interest on such bonds
are in fact made from
assessment collections available therefor. 6.
Reimbursable general
obligation bonds issued for a public undertaking,
improvement or system
but only to the extent that reimbursements to the
general fund are in
fact made from the net revenue, or net user tax
receipts, or combination
of both, as determined for the immediately
preceding fiscal year. 7.
Reimbursable general obligation bonds issued by the
State for any
political subdivision, whether issued before or
after the effective date
of this section, but only for as long as
reimbursement by the political
subdivision to the State for the payment of
principal and interest on
such bonds is required by law; provided that in the
case of bonds issued
after the effective date of this section, the
consent of the governing
body of the political subdivision has first been
obtained; and provided
further that during the period that such bonds are
excluded by the
State, the principal amount then outstanding shall
be included within
the funded debt of such political subdivision. 8.
Bonds constituting
instruments of indebtedness under which the State
or any political
subdivision incurs a contingent liability as a
guarantor, but only to
the extent the principal amount of such bonds does
not exceed seven
percent of the principal amount of outstanding
general obligation bonds
not otherwise excluded under this section; provided
that the State or
political subdivision shall establish and maintain
a reserve in an
amount in reasonable proportion to the outstanding
loans guaranteed by
the State or political subdivision as provided by
law. 9. Bonds issued
by or on behalf of the State or by any political
subdivision to meet
appropriations for any fiscal period in
anticipation of the collection
of revenues for such period or to meet casual
deficits or failures of
revenue, if required to be paid within one year,
and bonds issued by or
on behalf of the State to suppress insurrection, to
repel invasion, to
defend the State in war or to meet emergencies
caused by disaster or act
of God.
The total outstanding indebtedness of the State or
funded debt of any
political subdivision and the exclusions therefrom
permitted by this section
shall be made annually and certified by law or as
provided by law. For the
purposes of section 12 and this section, amounts
received from on-street
parking may be considered and treated as revenues
of a parking undertaking.
Nothing in section 12 or in this section shall
prevent the refunding of any
bond at any time. [Am Const Con 1968 and election
Nov 5, 1968; ren and am
Const Con 1978 and election Nov 7, 1978]
ARTICLE VIII
LOCAL GOVERNMENT
CREATION; POWERS OF POLITICAL SUBDIVISIONS
Section 1. The legislature shall create counties,
and may create other
political subdivisions within the State, and
provide for the government
thereof. Each political subdivision shall have and
exercise such powers as
shall be conferred under general laws. [Ren and am
Const Con 1978 and
election Nov 7, 1978]
LOCAL SELF-GOVERNMENT; CHARTER
Section 2. Each political subdivision shall have
the power to frame and
adopt a charter for its own self-government within
such limits and under
such procedures as may be provided by general law.
Such procedures, however,
shall not require the approval of a charter by a
legislative body. Charter
provisions with respect to a political
subdivision's executive, legislative
and administrative structure and organization shall
be superior to statutory
provisions, subject to the authority of the
legislature to enact general
laws allocating and reallocating powers and
functions. A law may qualify as
a general law even though it is inapplicable to one
or more counties by
reason of the provisions of this section. [Am Const
Con 1968 and election
Nov 5, 1968; ren and am Const Con 1978 and election
Nov 7, 1978]
TAXATION AND FINANCE
Section 3. The taxing power shall be reserved to
the State, except so much
thereof as may be delegated by the legislature to
the political
subdivisions, and except that all functions, powers
and duties relating to
the taxation of real property shall be exercised
exclusively by the
counties, with the exception of the county of
Kalawao. The legislature shall
have the power to apportion state revenues among
the several political
subdivisions. [Ren and am Const Con 1978 and
election Nov 7, 1978]
MANDATES; ACCRUED CLAIMS
Section 4. No law shall be passed mandating any
political subdivision to pay
any previously accrued claim. [Ren Const Con 1978
and election Nov 7, 1978]
TRANSFER OF MANDATED PROGRAMS
Section 5. If any new program or increase in the
level of service under an
existing program shall be mandated to any of the
political subdivisions by
the legislature, it shall provide that the State
share in the cost. [Add
Const Con 1978 and election Nov 7, 1978]
STATEWIDE LAWS
Section 6. This article shall not limit the power
of the legislature to
enact laws of statewide concern. [Ren and am Const
Con 1978 and election Nov
7, 1978]
ARTICLE IX
PUBLIC HEALTH AND WELFARE
PUBLIC HEALTH
Section 1. The State shall provide for the
protection and promotion of the
public health. [Ren Const Con 1978 and election Nov
7, 1978]
CARE OF HANDICAPPED PERSONS
Section 2. The State shall have the power to
provide for the treatment and
rehabilitation of handicapped persons. [Ren and am
Const Con 1978 and
election Nov 7, 1978]
PUBLIC ASSISTANCE
Section 3. The State shall have the power to
provide financial assistance,
medical assistance and social services for persons
who are found to be in
need of and are eligible for such assistance and
services as provided by
law. [Ren and am Const Con 1978 and election Nov 7,
1978]
ECONOMIC SECURITY OF THE ELDERLY
Section 4. The State shall have the power to
provide for the security of the
elderly by establishing and promoting programs to
assure their economic and
social well-being. [Add Const Con 1978 and election
Nov 7, 1978]
HOUSING, SLUM CLEARANCE, DEVELOPMENT AND
REHABILITATION
Section 5. The State shall have the power to
provide for, or assist in,
housing, slum clearance and the development or
rehabilitation of substandard
areas. The exercise of such power is deemed to be
for a public use and
purpose. [Am HB 54 (1975) and election Nov 2, 1976;
ren and am Const Con
1978 and election Nov 7, 1978]
MANAGEMENT OF STATE POPULATION GROWTH
Section 6. The State and its political
subdivisions, as provided by general
law, shall plan and manage the growth of the
population to protect and
preserve the public health and welfare; except that
each political
subdivision, as provided by general law, may plan
and manage the growth of
its population in a more restrictive manner than
the State. [Add Const Con
1978 and election Nov 7, 1978]
PUBLIC SIGHTLINESS AND GOOD ORDER
Section 7. The State shall have the power to
conserve and develop objects
and places of historic or cultural interest and
provide for public
sightliness and physical good order. For these
purposes private property
shall be subject to reasonable regulation. [Ren and
am Const Con 1978 and
election Nov 7, 1978]
PRESERVATION OF A HEALTHFUL ENVIRONMENT
Section 8. The State shall have the power to
promote and maintain a
healthful environment, including the prevention of
any excessive demands
upon the environment and the State's resources.
[Add Const Con 1978 and
election Nov 7, 1978]
CULTURAL RESOURCES
Section 9. The State shall have the power to
preserve and develop the
cultural, creative and traditional arts of its
various ethnic groups. [Add
Const Con 1978 and election Nov 7, 1978]
PUBLIC SAFETY
Section 10. The law of the splintered paddle,
mamala-hoe kanawai, decreed by
Kamehameha I--Let every elderly person, woman and
child lie by the roadside
in safety--shall be a unique and living symbol of
the State's concern for
public safety.
The State shall have the power to provide for the
safety of the people from
crimes against persons and property. [Add Const Con
1978 and election Nov 7,
1978]
ARTICLE X
EDUCATION
PUBLIC EDUCATION
Section 1. The State shall provide for the
establishment, support and
control of a statewide system of public schools
free from sectarian control,
a state university, public libraries and such other
educational institutions
as may be deemed desirable, including physical
facilities therefor. There
shall be no discrimination in public educational
institutions because of
race, religion, sex or ancestry; nor shall public
funds be appropriated for
the support or benefit of any sectarian or private
educational institution,
except that proceeds of special purpose revenue
bonds authorized or issued
under section 12 of Article VII may be appropriated
to finance or assist
not-for- profit corporations that provide early
childhood education and care
facilities serving the general public. [Ren and am
Const Con 1978 and
election Nov 7, 1978; am L 1994, c 280, ¼4 (HB
2692-94) and election Nov 8,
1994]
BOARD OF EDUCATION
Section 2. There shall be a board of education
composed of members who shall
be elected in a nonpartisan manner by qualified
voters, as provided by law,
from two at-large school board districts. The first
school board district
shall be comprised of the island of Oahu and all
other islands not
specifically enumerated. The second school board
district shall be comprised
of the islands of Hawaii, Maui, Lanai, Molokai,
Kahoolawe, Kauai and Niihau.
Each at-large school board district shall be
divided into departmental
school districts, as may be provided by law. There
shall be at least one
member residing in each departmental school
district. The Hawaii State
Student Council shall select a public high school
student to serve as a
nonvoting member on the board of education. [Am HB
4 (1963) and election Nov
3, 1964; ren and am Const Con 1978 and election Nov
7, 1978; am HB 2688
(1988) and election Nov 8, 1988]
POWER OF THE BOARD OF EDUCATION
Section 3. The board of education shall have the
power, as provided by
law, to formulate statewide educational policy and
appoint the
superintendent of education as the chief executive
officer of the public
school system. [Am HB 421 (1964) and election Nov
3, 1964; ren and am
Const Con 1978 and election Nov 7, 1978; am L 1994,
c 272, ¼15 (HB
3657-94) and election Nov 8, 1994]
HAWAIIAN EDUCATION PROGRAM
Section 4. The State shall promote the study of
Hawaiian culture, history
and language. The State shall provide for a
Hawaiian education program
consisting of language, culture and history in the
public schools. The use
of community expertise shall be encouraged as a
suitable and essential means
in furtherance of the Hawaiian education program.
[Add Const Con 1978 and
election Nov 7, 1978]
UNIVERSITY OF HAWAII
Section 5. The University of Hawaii is hereby
established as the state
university and constituted a body corporate. It
shall have title to all the
real and personal property now or hereafter set
aside or conveyed to it,
which shall be held in public trust for its
purposes, to be administered and
disposed of as provided by law. [Ren and am Const
Con 1978 and election Nov
7, 1978]
BOARD OF REGENTS; POWERS
Section 6. There shall be a board of regents of the
University of Hawaii,
the members of which shall be nominated and, by and
with the advice and
consent of the senate, appointed by the governor.
At least part of the
membership of the board shall represent geographic
subdivisions of the
State. The board shall have the power, as provided
by law, to formulate
policy, and to exercise control over the university
through its executive
officer, the president of the university, who shall
be appointed by the
board; except that the board shall have exclusive
jurisdiction over the
internal organization and management of the
university. This section shall
not limit the power of the legislature to enact
laws of statewide concern.
[Am HB 253 (1964) and election Nov 3, 1964; ren and
am Const Con 1978 and
election Nov 7, 1978]
ARTICLE XI
CONSERVATION, CONTROL AND DEVELOPMENT OF RESOURCES
CONSERVATION AND DEVELOPMENT OF RESOURCES
Section 1. For the benefit of present and future
generations, the State and
its political subdivisions shall conserve and
protect Hawaii's natural
beauty and all natural resources, including land,
water, air, minerals and
energy sources, and shall promote the development
and utilization of these
resources in a manner consistent with their
conservation and in furtherance
of the self-sufficiency of the State. All public
natural resources are held
in trust by the State for the benefit of the
people. [Add Const Con 1978 and
election Nov 7, 1978]
MANAGEMENT AND DISPOSITION OF NATURAL RESOURCES
Section 2. The legislature shall vest in one or
more executive boards or
commissions powers for the management of natural
resources owned or
controlled by the State, and such powers of
disposition thereof as may be
provided by law; but land set aside for public use,
other than for a reserve
for conservation purposes, need not be placed under
the jurisdiction of such
a board or commission. The mandatory provisions of
this section shall not
apply to the natural resources owned by or under
the control of a political
subdivision or a department or agency thereof. [Ren
and am Const Con 1978
and election Nov 7, 1978]
AGRICULTURAL LANDS
Section 3. The State shall conserve and protect
agricultural lands, promote
diversified agriculture, increase agricultural
self-sufficiency and assure
the availability of agriculturally suitable lands.
The legislature shall
provide standards and criteria to accomplish the
foregoing. Lands identified
by the State as important agricultural lands needed
to fulfill the purposes
above shall not be reclassified by the State or
rezoned by its political
subdivisions without meeting the standards and
criteria established by the
legislature and approved by a two-thirds vote of
the body responsible for
the reclassification or rezoning action. [Add Const
Con 1978 and election
Nov 7, 1978]
PUBLIC LAND BANKING
Section 4. The State shall have the power to
acquire interests in real
property to control future growth, development and
land use within the
State. The exercise of such power is deemed to be
for a public use and
purpose. [Add Const Con 1978 and election Nov 7,
1978]
GENERAL LAWS REQUIRED; EXCEPTIONS
Section 5. The legislative power over the lands
owned by or under the
control of the State and its political subdivisions
shall be exercised only
by general laws, except in respect to transfers to
or for the use of the
State, or a political subdivision, or any
department or agency thereof. [Ren
and am Const Con 1978 and election Nov 7, 1978]
MARINE RESOURCES
Section 6. The State shall have the power to manage
and control the marine,
seabed and other resources located within the
boundaries of the State,
including the archipelagic waters of the State, and
reserves to itself all
such rights outside state boundaries not
specifically limited by federal or
international law. All fisheries in the sea waters
of the State not included
in any fish pond, artificial enclosure or
state-licensed mariculture
operation shall be free to the public, subject to
vested rights and the
right of the State to regulate the same; provided
that mariculture
operations shall be established under guidelines
enacted by the legislature,
which shall protect the public's use and enjoyment
of the reefs. The State
may condemn such vested rights for public use. [Ren
and am Const Con 1978
and election Nov 7, 1978]
WATER RESOURCES
Section 7. The State has an obligation to protect,
control and regulate the
use of Hawaii's water resources for the benefit of
its people. The
legislature shall provide for a water resources
agency which, as provided by
law, shall set overall water conservation, quality
and use policies; define
beneficial and reasonable uses; protect ground and
surface water resources,
watersheds and natural stream environments;
establish criteria for water use
priorities while assuring appurtenant rights and
existing correlative and
riparian uses and establish procedures for
regulating all uses of Hawaii's
water resources. [Add Const Con 1978 and election
Nov 7, 1978]
NUCLEAR ENERGY
Section 8. No nuclear fission power plant shall be
constructed or
radioactive material disposed of in the State
without the prior approval by
a two-thirds vote in each house of the legislature.
[Add Const Con 1978 and
election Nov 7, 1978]
ENVIRONMENTAL RIGHTS
Section 9. Each person has the right to a clean and
healthful environment,
as defined by laws relating to environmental
quality, including control of
pollution and conservation, protection and
enhancement of natural resources.
Any person may enforce this right against any
party, public or private,
through appropriate legal proceedings, subject to
reasonable limitations and
regulation as provided by law. [Add Const Con 1978
and election Nov 7, 1978]
FARM AND HOME OWNERSHIP
Section 10. The public lands shall be used for the
development of farm and
home ownership on as widespread a basis as
possible, in accordance with
procedures and limitations prescribed by law.
EXCLUSIVE ECONOMIC ZONE
Section [11]. The State of Hawaii asserts and
reserves its rights and
interest in its exclusive economic zone for the
purpose of exploring,
exploiting, conserving and managing natural
resources, both living and
nonliving, of the seabed and subsoil, and
superadjacent waters. [Add SB 2021
(1988) and election Nov 8, 1988]
ARTICLE XII
HAWAIIAN AFFAIRS
HAWAIIAN HOMES COMMISSION ACT
Section 1. Anything in this constitution to the
contrary
notwithstanding, the Hawaiian Homes Commission Act,
1920, enacted by the
Congress, as the same has been or may be amended
prior to the admission
of the State, is hereby adopted as a law of the
State, subject to
amendment or repeal by the legislature; provided
that if and to the
extent that the United States shall so require,
such law shall be
subject to amendment or repeal only with the
consent of the United
States and in no other manner; provided further
that if the United
States shall have been provided or shall provide
that particular
provisions or types of provisions of such Act may
be amended in the
manner required for ordinary state legislation,
such provisions or types
of provisions may be so amended. The proceeds and
income from Hawaiian
home lands shall be used only in accordance with
the terms and spirit of
such Act. The legislature shall make sufficient
sums available for the
following purposes: (1) development of home,
agriculture, farm and ranch
lots; (2) home, agriculture, aquaculture, farm and
ranch loans; (3)
rehabilitation projects to include, but not limited
to, educational,
economic, political, social and cultural processes
by which the general
welfare and conditions of native Hawaiians are
thereby improved; (4) the
administration and operating budget of the
department of Hawaiian home
lands; in furtherance of (1), (2), (3) and (4)
herein, by appropriating
the same in the manner provided by law. Thirty
percent of the state
receipts derived from the leasing of cultivated
sugarcane lands under
any provision of law or from water licenses shall
be transferred to the
native Hawaiian rehabilitation fund, section 213 of
the Hawaiian Homes
Commission Act, 1920, for the purposes enumerated
in that section.
Thirty percent of the state receipts derived from
the leasing of lands
cultivated as sugarcane lands on the effective date
of this section
shall continue to be so transferred to the native
Hawaiian
rehabilitation fund whenever such lands are sold,
developed, leased,
utilized, transferred, set aside or otherwise
disposed of for purposes
other than the cultivation of sugarcane. There
shall be no ceiling
established for the aggregate amount transferred
into the native
Hawaiian rehabilitation fund. [Ren and am Const Con
1978 and election
Nov 7, 1978]
ACCEPTANCE OF COMPACT
Section 2. The State and its people do hereby
accept, as a compact with the
United States, or as conditions or trust provisions
imposed by the United
States, relating to the management and disposition
of the Hawaiian home
lands, the requirement that section 1 hereof be
included in this
constitution, in whole or in part, it being
intended that the Act or acts of
the Congress pertaining thereto shall be definitive
of the extent and nature
of such compact, conditions or trust provisions, as
the case may be. The
State and its people do further agree and declare
that the spirit of the
Hawaiian Homes Commission Act looking to the
continuance of the Hawaiian
homes projects for the further rehabilitation of
the Hawaiian race shall be
faithfully carried out. [Ren and am Const Con 1978
and election Nov 7, 1978]
COMPACT ADOPTION; PROCEDURES AFTER ADOPTION
Section 3. As a compact with the United States
relating to the
management and disposition of the Hawaiian home
lands, the Hawaiian
Homes Commission Act, 1920, as amended, shall be
adopted as a provision
of the constitution of this State, as provided in
section 7, subsection
(b), of the Admission Act, subject to amendment or
repeal only with the
consent of the United States, and in no other
manner; provided that (1)
sections 202, 213, 219, 220, 222, 224 and 225 and
other provisions
relating to administration, and paragraph (2) of
section 204, sections
206 and 2l2 and other provisions relating to the
powers and duties of
officers other than those charged with the
administration of such Act,
may be amended in the constitution, or in the
manner required for state
legislation, but the Hawaiian home-loan fund, the
Hawaiian
home-operating fund and the Hawaiian home-
development fund shall not be
reduced or impaired by any such amendment, whether
made in the
constitution or in the manner required for state
legislation, and the
encumbrances authorized to be placed on Hawaiian
home lands by officers
other than those charged with the administration of
such Act, shall not
be increased, except with the consent of the United
States; (2) that any
amendment to increase the benefits to lessees of
Hawaiian home lands may
be made in the constitution, or in the manner
required for state
legislation, but the qualifications of lessees
shall not be changed
except with the consent of the United States; and
(3) that all proceeds
and income from the "available lands," as defined
by such Act, shall be
used only in carrying out the provisions of such
Act. [Add 73 Stat 4 and
election June 27, 1959; ren and am Const Con 1978
and election Nov 7,
1978]
PUBLIC TRUST
Section 4. The lands granted to the State of Hawaii
by Section 5(b) of the
Admission Act and pursuant to Article XVI, Section
7, of the State
Constitution, excluding therefrom lands defined as
"available lands" by
Section 203 of the Hawaiian Homes Commission Act,
1920, as amended, shall be
held by the State as a public trust for native
Hawaiians and the general
public. [Add Const Con 1978 and election Nov 7,
1978]
OFFICE OF HAWAIIAN AFFAIRS; ESTABLISHMENT OF BOARD
OF TRUSTEES
Section 5. There is hereby established an Office of
Hawaiian Affairs. The
Office of Hawaiian Affairs shall hold title to all
the real and personal
property now or hereafter set aside or conveyed to
it which shall be held in
trust for native Hawaiians and Hawaiians. There
shall be a board of trustees
for the Office of Hawaiian Affairs elected by
qualified voters who are
Hawaiians, as provided by law. The board members
shall be Hawaiians. There
shall be not less than nine members of the board of
trustees; provided that
each of the following Islands have one
representative: Oahu, Kauai, Maui,
Molokai and Hawaii. The board shall select a
chairperson from its members.
[Add Const Con 1978 and election Nov 7, 1978]
POWERS OF BOARD OF TRUSTEES
Section 6. The board of trustees of the Office of
Hawaiian Affairs shall
exercise power as provided by law: to manage and
administer the proceeds
from the sale or other disposition of the lands,
natural resources, minerals
and income derived from whatever sources for native
Hawaiians and Hawaiians,
including all income and proceeds from that pro
rata portion of the trust
referred to in section 4 of this article for native
Hawaiians; to formulate
policy relating to affairs of native Hawaiians and
Hawaiians; and to
exercise control over real and personal property
set aside by state, federal
or private sources and transferred to the board for
native Hawaiians and
Hawaiians. The board shall have the power to
exercise control over the
Office of Hawaiian Affairs through its executive
officer, the administrator
of the Office of Hawaiian Affairs, who shall be
appointed by the board. [Add
Const Con 1978 and election Nov 7, 1978]
TRADITIONAL AND CUSTOMARY RIGHTS
Section 7. The State reaffirms and shall protect
all rights, customarily and
traditionally exercised for subsistence, cultural
and religious purposes and
possessed by ahupua'a tenants who are descendants
of native Hawaiians who
inhabited the Hawaiian Islands prior to 1778,
subject to the right of the
State to regulate such rights. [Add Const Con 1978
and election Nov 7, 1978]
ARTICLE XIII
ORGANIZATION; COLLECTIVE BARGAINING
PRIVATE EMPLOYEES
Section 1. Persons in private employment shall have
the right to organize
for the purpose of collective bargaining. [Ren
Const Con 1978 and election
Nov 7, 1978]
PUBLIC EMPLOYEES
Section 2. Persons in public employment shall have
the right to organize for
the purpose of collective bargaining as provided by
law. [Am Const Con 1968
and election Nov 5, 1968; ren and am Const Con 1978
and election Nov 7,
1978]
ARTICLE XIV
CODE OF ETHICS
The people of Hawaii believe that public officers
and employees must exhibit
the highest standards of ethical conduct and that
these standards come from
the personal integrity of each individual in
government. To keep faith with
this belief, the legislature, each political
subdivision and the
constitutional convention shall adopt a code of
ethics which shall apply to
appointed and elected officers and employees of the
State or the political
subdivision, respectively, including members of the
boards, commissions and
other bodies. Each code of ethics shall be
administered by a separate ethics
commission, except the code of ethics adopted by
the constitutional
convention which shall be administered by the state
ethics commission. The
members of ethics commissions shall be prohibited
from taking an active part
in political management or in political campaigns.
Ethics commissioners
shall be selected in a manner which assures their
independence and
impartiality. Each code of ethics shall include,
but not be limited to,
provisions on gifts, confidential information, use
of position, contracts
with government agencies, post-employment,
financial disclosure and lobbyist
registration and restriction. The financial
disclosure provisions shall
require all elected officers, all candidates for
elective office and such
appointed officers and employees as provided by law
to make public financial
disclosures. Other public officials having
significant discretionary or
fiscal powers as provided by law shall make
confidential financial
disclosures. All financial disclosure statements
shall include, but not be
limited to, sources and amounts of income, business
ownership, officer and
director positions, ownership of real property,
debts, creditor interests in
insolvent businesses and the names of persons
represented before government
agencies. [Add Const Con 1978 and election Nov 7,
1978]
ARTICLE XV
STATE BOUNDARIES; CAPITAL; FLAG; LANGUAGE AND MOTTO
BOUNDARIES
Section 1. The State of Hawaii shall consist of all
the islands, together
with their appurtenant reefs and territorial and
archipelagic waters,
included in the Territory of Hawaii on the date of
enactment of the
Admission Act, except the atoll known as Palmyra
Island, together with its
appurtenant reefs and territorial waters; but this
State shall not be deemed
to include the Midway Islands, Johnston Island,
Sand Island (offshore from
Johnston Island) or Kingman Reef, together with
their appurtenant reefs and
territorial waters. [Am 73 Stat 4 and election June
27, 1959; ren and am
Const Con 1978 and election Nov 7, 1978]
CAPITAL
Section 2. Honolulu, on the island of Oahu, shall
be the capital of the
State. [Ren and am Const Con 1978 and election Nov
7, 1978]
STATE FLAG
Section 3. The Hawaiian flag shall be the flag of
the State. [Ren Const Con
1978 and election Nov 7, 1978]
OFFICIAL LANGUAGES
Section 4. English and Hawaiian shall be the
official languages of Hawaii,
except that Hawaiian shall be required for public
acts and transactions only
as provided by law. [Add Const Con 1978 and
election Nov 7, 1978]
MOTTO
Section 5. The motto of the State shall be, "Ua mau
ke ea o ka aina i ka
pono." [Add Const Con 1978 and election Nov 7,
1978]
ARTICLE XVI
GENERAL AND MISCELLANEOUS PROVISIONS
CIVIL SERVICE
Section 1. The employment of persons in the civil
service, as defined by
law, of or under the State, shall be governed by
the merit principle. [Ren
Const Con 1978 and election Nov 7, 1978]
Cross References
Civil service, see chapter 76.
EMPLOYEES' RETIREMENT SYSTEM
Section 2. Membership in any employees' retirement
system of the State or
any political subdivision thereof shall be a
contractual relationship, the
accrued benefits of which shall not be diminished
or impaired. [Ren Const
Con 1978 and election Nov 7, 1978]
DISQUALIFICATIONS FROM PUBLIC OFFICE OR EMPLOYMENT
Section 3. No person shall hold any public office
or employment who has been
convicted of any act to overthrow, or attempt to
overthrow, or conspiracy
with any person to overthrow the government of this
State or of the United
States by force or violence. [Am Const Con 1968 and
election Nov 5, 1968;
ren and am Const Con 1978 and election Nov 7, 1978]
OATH OF OFFICE
Section 4. All eligible public officers, before
entering upon the duties of
their respective offices, shall take and subscribe
to the following oath or
affirmation: "I do solemnly swear (or affirm) that
I will support and defend
the Constitution of the United States, and the
Constitution of the State of
Hawaii, and that I will faithfully discharge my
duties as ... to best of my
ability." As used in this section, "eligible public
officers" means the
governor, the lieutenant governor, the members of
both houses of the
legislature, the members of the board of education,
the members of the
national guard, State or county employees who
possess police powers,
district court judges, and all those whose
appointment requires the consent
of the senate. [Ren and am Const Con 1978 and
election Nov 7, 1978; am SB
1440 (1992) and election Nov 3, 1992]
INTERGOVERNMENTAL RELATIONS
Section 5. The legislature may provide for
cooperation on the part of this
State and its political subdivisions with the
United States, or other states
and territories, or their political subdivisions,
in matters affecting the
public health, safety and general welfare. Funds
may be appropriated to
effect such cooperation. [Ren Const Con 1968 and
election Nov 5, 1968; ren
and am Const Con 1978 and election Nov 7, 1978]
FEDERAL LANDS
Section 6. The United States shall be vested with
or retain title to or an
interest in or shall hold the property in the
Territory of Hawaii set aside
for the use of the United States and remaining so
set aside immediately
prior to the admission of this State, in all
respects as and to the extent
set forth in the act or resolution providing for
the admission of this State
to the Union. [Ren Const Con 1968 and election Nov
5, 1968; ren Const Con
1978 and election Nov 7, 1978]
COMPLIANCE WITH TRUST
Section 7. Any trust provisions which the Congress
shall impose, upon the
admission of this State, in respect of the lands
patented to the State by
the United States or the proceeds and income
therefrom, shall be complied
with by appropriate legislation. Such legislation
shall not diminish or
limit the benefits of native Hawaiians under
Section 4 of Article XII. [Ren
Const Con 1968 and election Nov 5, 1968; ren and am
Const Con 1978 and
election Nov 7, 1978]
ADMINISTRATION OF UNDISPOSED LANDS
Section 8. All provisions of the Act of Congress
approved March 18, 1959
reserving rights or powers to the United States, as
well as those
prescribing the terms or conditions of the grants
of lands or other property
therein made to the State of Hawaii are consented
to fully by the State and
its people. [Am 73 Stat 4 and election June 27,
1959; ren Const Con 1968 and
election Nov 5, 1968; ren and am Const Con 1978 and
election Nov 7, 1978]
TAX EXEMPTION OF FEDERAL PROPERTY
Section 9. No taxes shall be imposed by the State
upon any lands or other
property now owned or hereafter acquired by the
United States, except as the
same shall become taxable by reason of disposition
thereof by the United
States or by reason of the consent of the United
States to such taxation.
[Ren Const Con 1968 and election Nov 5, 1968; ren
and am Const Con 1978 and
election Nov 7, 1978]
HAWAII NATIONAL PARK
Section 10. All provisions of the act or resolution
admitting this State to
the Union, or providing for such admission, which
reserve to the United
States jurisdiction of Hawaii National Park, or the
ownership or control of
lands within Hawaii National Park, are consented to
fully by the State and
its people. [Ren Const Con 1968 and election Nov 5,
1968; ren Const Con 1978
and election Nov 7, 1978]
JUDICIAL RIGHTS
Section 11. All those provisions of the act or
resolution admitting this
State to the Union, or providing for such
admission, which reserve to
the United States judicial rights or powers are
consented to fully by
the State and its people; and those provisions of
such act or resolution
which preserve judicial rights and powers for the
State are hereby
accepted and adopted, and such rights and powers
are hereby assumed, to
be exercised and discharged pursuant to this
constitution and the laws
of the State. [Ren Const Con 1968 and election Nov
5, 1968; ren and am
Const Con 1978 and election Nov 7, 1978]
QUIETING TITLE
Section 12. No person shall be deprived of title to
an estate or interest in
real property by another person claiming actual,
continuous, hostile,
exclusive, open and notorious possession of such
lands, except to real
property of five acres or less. Such claim may be
asserted in good faith by
any person not more than once in twenty years. [Add
Const Con 1978 and
election Nov 7, 1978]
PLAIN LANGUAGE
Section 13. Insofar as practicable, all
governmental writing meant for the
public, in whatever language, should be plainly
worded, avoiding the use of
technical terms. [Add Const Con 1978 and election
Nov 7, 1978]
TITLES, SUBTITLES; CONSTRUCTION
Section 14. Titles and subtitles shall not be used
for purposes of
construing this constitution. [Ren Const Con 1968
and election Nov 5, 1968;
ren and am Const Con 1978 and election Nov 7, 1978]
GENERAL POWER
Section 15. The enumeration in this constitution of
specified powers shall
not be construed as limitations upon the power of
the State to provide for
the general welfare of the people. [Ren Const Con
1968 and election Nov 5,
1968; ren Const Con 1978 and election Nov 7, 1978]
PROVISIONS ARE SELF-EXECUTING
Section 16. The provisions of this constitution
shall be self-executing to
the fullest extent that their respective natures
permit. [Ren Const Con 1968
and election Nov 5, 1968; ren and am Const Con 1978
and election Nov 7,
1978]
ARTICLE XVII
REVISION AND AMENDMENT
METHODS OF PROPOSAL
Section 1. Revisions of or amendments to this
constitution may be proposed
by constitutional convention or by the legislature.
[Ren Const Con 1978 and
election Nov 7, 1978]
CONSTITUTIONAL CONVENTION
Section 2. The legislature may submit to the
electorate at any general or
special election the question, "Shall there be a
convention to propose a
revision of or amendments to the Constitution?" If
any nine-year period
shall elapse during which the question shall not
have been submitted, the
lieutenant governor shall certify the question, to
be voted on at the first
general election following the expiration of such
period.
ELECTION OF DELEGATES
If a majority of the ballots cast upon such a
question be in the
affirmative, delegates to the convention shall be
chosen at the next regular
election unless the legislature shall provide for
the election of delegates
at a special election. Notwithstanding any
provision in this constitution to
the contrary, other than Section 3 of Article XVI,
any qualified voter of
the district concerned shall be eligible to
membership in the convention.
The legislature shall provide for the number of
delegates to the convention,
the areas from which they shall be elected and the
manner in which the
convention shall convene. The legislature shall
also provide for the
necessary facilities and equipment for the
convention. The convention shall
have the same powers and privileges, as nearly as
practicable, as provided
for the convention of 1978.
MEETING
The constitutional convention shall convene not
less than five months prior
to the next regularly scheduled general election.
ORGANIZATION; PROCEDURE
The convention shall determine its own organization
and rules of procedure.
It shall be the sole judge of the elections,
returns and qualifications of
its members and, by a two-thirds vote, may suspend
or remove any member for
cause. The governor shall fill any vacancy by
appointment of a qualified
voter from the district concerned.
RATIFICATION; APPROPRIATIONS
The convention shall provide for the time and
manner in which the proposed
constitutional revision or amendments shall be
submitted to a vote of the
electorate; provided that each amendment shall be
submitted in the form of a
question embracing but one subject; and provided
further, that each question
shall have designated spaces to mark YES or NO on
the amendment. At least
thirty days prior to the submission of any proposed
revision or amendments,
the convention shall make available for public
inspection, a full text of
the proposed amendments. Every public library,
office of the clerk of each
county, and the chief election officer shall be
provided such texts and
shall make them available for public inspection.
The full text of any
proposed revision or amendments shall also be made
available for inspection
at every polling place on the day of the election
at which such revision or
amendments are submitted. The convention shall, as
provided by law, be
responsible for a program of voter education
concerning each proposed
revision or amendment to be submitted to the
electorate. The revision or
amendments shall be effective only if approved at a
general election by a
majority of all the votes tallied upon the
question, this majority
constituting at least fifty per cent of the total
vote cast at the election,
or at a special election by a majority of all the
votes tallied upon the
question, this majority constituting at least
thirty per cent of the total
number of registered voters. The provisions of this
section shall be
self-executing, but the legislature shall make the
necessary appropriations
and may enact legislation to facilitate their
operation. [Am Const Con 1968
and election Nov 5, 1968; ren and am Const Con 1978
and election Nov 7,
1978; am SB 578 (1979) and SB 1703 (1980) and
election Nov 4, 1980]
AMENDMENTS PROPOSED BY LEGISLATURE
Section 3. The legislature may propose amendments
to the constitution by
adopting the same, in the manner required for
legislation, by a two-thirds
vote of each house on final reading at any session,
after either or both
houses shall have given the governor at least ten
days' written notice of
the final form of the proposed amendment, or, with
or without such notice,
by a majority vote of each house on final reading
at each of two successive
sessions. Upon such adoption, the proposed
amendments shall be entered upon
the journals, with the ayes and noes, and published
once in each of four
successive weeks in at least one newspaper of
general circulation in each
senatorial district wherein such a newspaper is
published, within the two
months' period immediately preceding the next
general election.
At such general election the proposed amendments
shall be submitted to the
electorate for approval or rejection upon a
separate ballot. The conditions
of and requirements for ratification of such
proposed amendments shall be
the same as provided in section 2 of this article
for ratification at a
general election. [Ren and am Const Con 1978 and
election Nov 7, 1978]
VETO
Section 4. No proposal for amendment of the
constitution adopted in either
manner provided by this article shall be subject to
veto by the governor.
[Ren Const Con 1978 and election Nov 7, 1978]
CONFLICTING REVISIONS OR AMENDMENTS
Section 5. If a revision or amendment proposed by a
constitutional
convention is in conflict with a revision or
amendment proposed by the
legislature and both are submitted to the
electorate at the same election
and both are approved, then the revision or
amendment proposed by the
convention shall prevail. If conflicting revisions
or amendments are
proposed by the same body and are submitted to the
electorate at the same
election and both are approved, then the revision
or amendment receiving the
highest number of votes shall prevail. [Add Const
Con 1968 and election Nov
5, 1968; ren Const Con 1978 and election Nov 7,
1978]
ARTICLE XVIII
SCHEDULE
DISTRICTING AND APPORTIONMENT
Section 1. [Omitted as obsolete. For current plan,
see the 1991 Report and
Reapportionment Plan submitted to the lieutenant
governor.]
1978 SENATORIAL ELECTIONS
Section 2. Article III, Section 4, to the contrary
notwithstanding, the
terms of office of the members of the senate
elected in the 1978 general
election shall be as follows: members of the senate
shall be divided
into two classes. The first class shall consist of
the following number
elected with the highest number of votes from their
respective
senatorial districts: first district, one; second
district, one; third
district, one; fourth district, two; fifth
district, two; sixth
district, two; seventh district, two; eighth
district, one. Members of
the first class shall hold office for a term of
four years beginning
with their election and ending on the day of the
second general election
held thereafter. The remaining members elected
shall constitute the
second class and shall hold office for a term of
two years beginning
with their election and ending on the day of the
next general election
held thereafter. [Add Const Con 1978 and election
Nov 7, 1978]
SALARIES OF LEGISLATORS
Section 3. Until otherwise provided by law in
accordance with Section 9 of
Article III, the salary of each member of the
legislature shall be twelve
thousand dollars a year. [Ren and am Const Con 1968
and election Nov 5,
1968; ren and am Const Con 1978 and election Nov 7,
1978]
EFFECTIVE DATE FOR TERM LIMITATIONS FOR GOVERNOR
AND LIEUTENANT GOVERNOR
Section 4. The amendments to Sections 1 and 2 of
Article V shall limit the
term of any person elected to the office of
governor or lieutenant governor
in the 1978 general election to two consecutive
full terms commencing from
noon on the first Monday in December, 1978. [Add
Const Con 1978 and election
Nov 7, 1978]
JUDICIARY: TRANSITION; EFFECTIVE DATE
Section 5. The three members initially appointed to
the judicial selection
commission by the governor shall serve for terms of
two, four and six years
respectively. The members initially appointed to
the commission by the
president of the senate and the speaker of the
house of representatives
shall serve for two years. The two members
initially appointed to the
commission by the chief justice of the supreme
court shall serve terms of
four and six years respectively. The two members
initially elected to the
commission by the members of the bar of the State
shall serve for terms of
four and six years respectively. The current terms
of justices and judges in
office shall terminate as heretofore provided by
law, subject to earlier
termination and removal as provided in Article VI.
The amendments to Article
VI shall take effect upon ratification. The
judicial selection commission
shall be created no later than April 1, 1979. [Add
Const Con 1978 and
election Nov 7, 1978]
EFFECTIVE DATE AND APPLICATION OF REAL
PROPERTY TAX TRANSFER
Section 6. The amendment to Section 3 of Article
VIII shall take effect on
the first day of July after two full calendar years
have elapsed following
the ratification of such amendment [November 7,
1978]; provided that for a
period of eleven years following such ratification,
the policies and methods
of assessing real property taxes shall be uniform
throughout the State and
shall be established by agreement of a majority of
the political
subdivisions. Each political subdivision shall
enact such uniform policies
and methods of assessment by ordinance before the
effective date of this
amendment [July 1, 1981], and in the event the
political subdivisions fail
to enact such ordinances, the uniform policies and
methods of assessment
shall be established by general law. Any amendments
to the uniform policies
and methods of assessment established by the
political subdivisions may only
be made by agreement of a majority of the political
subdivisions and
enactment thereof by ordinance in each political
subdivision. Real property
tax exemptions and dedications of land for specific
use for assessment at
its value in such use as provided by law and in
effect upon ratification of
the amendment to Section 3 of Article VIII
[November 7, 1978] shall be
enacted by ordinance and shall not be eliminated or
diminished for a period
of eleven years following such ratification;
provided that increases in such
exemptions, or the additions of new and further
exemptions or dedications of
lands, may be established or granted only by
agreement of a majority of the
political subdivisions, and such increases or
additions shall be enacted by
ordinance in each political subdivision. [Add Const
Con 1978 and election
Nov 7, 1978]
1978 BOARD OF EDUCATION ELECTIONS
Section 7. Members elected to the board of
education in the 1978 general
election shall serve for two-year terms. [Add Const
Con 1978 and election
Nov 7, 1978]
EFFECTIVE DATE FOR OFFICE OF HAWAIIAN AFFAIRS
Section 8. The legislature shall provide for the
implementation of the
amendments to Article XII in Sections 5 and 6 on or
before the first general
election following ratification of the amendments
to Article XII in Sections
5 and 6. [Add Const Con 1978 and election Nov 7,
1978]
CONTINUITY OF LAWS
Section 9. All laws in force at the time amendments
to this constitution
take effect that are not inconsistent with the
constitution as amended shall
remain in force, mutatis mutandis, until they
expire by their own
limitations or are amended or repealed by the
legislature. Except as
otherwise provided by amendments to this
constitution, all existing writs,
actions, suits, proceedings, civil or criminal
liabilities, prosecutions,
judgments, sentences, orders, decrees, appeals,
causes of action, contracts,
claims, demands, titles and rights shall continue
unaffected notwithstanding
the taking effect of the amendments and may be
maintained, enforced or
prosecuted, as the case may be, before the
appropriate or corresponding
tribunals or agencies of or under the State or of
the United States, in all
respects as fully as could have been done prior to
the taking effect of the
amendments. [Ren and am Const Con 1968 and election
Nov 5, 1968; ren Const
Con 1978 and election Nov 7, 1978]
DEBTS
Section 10. The debts and liabilities of the
Territory shall be assumed and
paid by the State, and all debts owed to the
Territory shall be collected by
the State. [Ren Const Con 1968 and election Nov 5,
1968; ren Const Con 1978
and election Nov 7, 1978]
RESIDENCE, OTHER QUALIFICATIONS
Section 11. Requirements as to residence,
citizenship or other status or
qualifications in or under the State prescribed by
this constitution shall
be satisfied pro tanto by corresponding residence,
citizenship or other
status or qualifications in or under the Territory.
[Ren Const Con 1968 and
election Nov 5, 1968; ren Const Con 1978 and
election Nov 7, 1978]
EFFECTIVE DATE
This constitution shall take effect and be in full
force immediately upon
the admission of Hawaii into the Union as a State.
Done in Convention, at
Iolani Palace, Honolulu, Hawaii, on the
twenty-second day of July, in the
year one thousand nine hundred fifty and of the
Independence of the United
States of America the one hundred and
seventy-fifth.
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