Bill Text: HI HB2038 | 2022 | Regular Session | Introduced
Bill Title: Relating To Constitutional Amendments.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-02-18 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) Eli, Kapela excused (2). [HB2038 Detail]
Download: Hawaii-2022-HB2038-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2038 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to constitutional amendments.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 11-118.5, Hawaii Revised Statutes, is amended to read as follows:
"§11-118.5 Constitutional
amendments, proposed; attorney general statement. (a)
Any constitutional amendment proposed by the legislature shall include
in final form the exact constitutional ratification question to be printed on a
ballot. The constitutional ratification
question shall be phrased in a manner to enable voters to express their choice
on the constitutional amendment by providing a "yes" or "no"
response. The language and meaning of a
constitutional amendment and a constitutional ratification question shall
be [clear and it shall be neither misleading nor deceptive.] simple, concise,
and direct to the extent possible.
(b)
The attorney general, in consultation with the
legislative reference bureau, shall prepare a statement in English and
Hawaiian for each proposed constitutional amendment in language that is [clear]
simple, concise, and direct to the extent practicable and that indicates
the purpose, limitations, and effects of the proposed amendment. The attorney general shall distribute each
statement to the state office of elections and all county clerks for further
distribution. The office of elections
and county clerks shall make the statement available to the public at all
polling places in the State and on a website operated by the office of
elections."
SECTION 2. Section 602-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Except as otherwise provided, the supreme court shall have jurisdiction and powers as follows:
(1) To hear and determine all questions of law, or of mixed law and fact, which are properly brought before it by application for a writ of certiorari to the intermediate appellate court or by transfer as provided in this chapter;
(2) To answer, in its discretion, any question of law reserved by a circuit court, the land court, or the tax appeal court, or any question or proposition of law certified to it by a federal district or appellate court if the supreme court shall so provide by rule;
(3) To exercise
original jurisdiction in all questions arising under writs directed to courts
of inferior jurisdiction and returnable before the supreme court, or if the
supreme court consents to receive the case arising under writs of mandamus
directed to public officers to compel them to fulfill the duties of their
offices; and [such] any other original jurisdiction as may be
expressly conferred by law;
(4) To issue writs of
habeas corpus, or orders to show cause as provided by chapter 660, returnable
before the supreme court or a circuit court, and any justice may issue writs of
habeas corpus or [such] any orders to show cause, returnable as
above stated;
(5) To make or issue
any order or writ necessary or appropriate in aid of its jurisdiction, and in [such]
that case, any justice may issue a writ or an order to show cause
returnable before the supreme court; [and]
(6) To make and award [such]
any judgments, decrees, orders and mandates, issue [such] any
executions and other processes, and do [such] any other acts and
take [such] any other steps as may be necessary to carry into
full effect the powers [which] that are or shall be given to it
by law or for the promotion of justice in matters pending before it[.];
and
(7) To issue, upon a
written request by the president of the senate, the speaker of the house of
representatives, or both, a written opinion of the justices of the supreme
court, or a majority thereof, stating whether a proposed amendment to the
Hawaii State Constitution and the corresponding constitutional ratification question
is simple, concise, and direct to the extent practicable, as required by section
11-118.5; provided that:
(A) Within forty-eight hours of receipt of a written request for a written opinion pursuant to this paragraph, the supreme court shall render and deliver a written opinion to the requester or requesters;
(B) Any
written opinion that invalidates the constitutional ratification question corresponding
to a proposed amendment to the Hawaii State Constitution shall include a
detailed and specific explanation of the reasons for the invalidation of the constitutional
ratification question; and
(C) Any decision established in a written opinion rendered pursuant to this paragraph shall not be appealable."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Hawaii State Supreme Court; Written Opinions; Constitutional Amendments; Ratification Question
Description:
Requires the language and meaning of any proposed constitutional amendment and ratification question to be simple, concise, and direct to the extent practicable. Allows the presiding officers of the Legislature to request a written opinion of the Supreme Court regarding the legality of a proposed amendment to the Hawaii State Constitution and the corresponding constitutional ratification question. Requires the supreme court to provide a written opinion within 48 hours of receipt of the request. Requires, for any written opinion by the supreme court that invalidates a constitutional ratification question, a detailed and specific explanation of the reasons for this opinion. Prohibits any appeal of a written opinion.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
