Bill Text: HI HB444 | 2017 | Regular Session | Introduced

Hawaii House Bill 444 (Prior Session Legislation)

Introduced

Bill Title: Proposing Amendments To Articles Ii, Iii, And Xvii Of The Hawaii State Constitution To Provide For Direct Initiative.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2017-01-23 - Referred to JUD, FIN, referral sheet 2 [HB444 Detail]

Download: Hawaii-2017-HB444-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	444
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII

A BILL FOR AN ACT

proposing amendments to articles II, III, and XVII of the hawaii STATE CONSTITUTION to provide for DIRECT initiative.

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

SECTION 1. The purpose of this Act is to propose amendments to articles II, III, and XVII of the Constitution of the State of Hawaii to provide for direct initiative.

SECTION 2. Article II of the Constitution of the State of Hawaii is amended by adding a new section to be appropriately designated and to read as follows:

"INITIATIVE

Section . The initiative power is reserved to the people and shall be exercised through submission of initiative measures to the electorate at a general election for approval or denial upon a separate ballot.

PETITION; PROCEDURE AND CONTENT

An initiative measure shall be submitted for placement on the ballot by filing with the chief election officer a petition containing the signatures of registered voters equaling not less than ten percent of the total number of voters who voted for the office of the governor in the last preceding general election for that office. No law shall be enacted limiting the number of copies of an initiative petition that may be circulated. Any registered voter of the State shall be competent to solicit signatures for and to sign any initiative petition. The initiative petition shall be filed with the chief election officer no later than ninety days prior to the next succeeding general election, at which the initiative shall be be placed on the ballot.

Prior to the circulation of any initiative petition for signatures, a copy of the proposed initiative petition shall be submitted for review to the attorney general who shall prepare a title and summary of the purpose and aim of the proposed measure, as well as a clear explanation written in plain language of the legal effect of a "yes" vote or "no" vote. The attorney general shall return the proposed initiative petition, with the title and summary included, to the petitioners after review.

After return of the proposed initiative petition and collection of signatures, the initiative petition, along with the signatories' signatures, shall be submitted to the chief election officer for certification of compliance with this section. Each sheet containing the required signatures shall be attached to the title, summary, and text of the initiative petition.

Each initiative petition shall contain a statement that the signatories are registered voters of the State and the address of each signatory as shown on the signatory's affidavit of voter registration. Every sheet of the petition containing signatures shall be verified by affidavit of the petition circulator that each name on the sheet was signed in the presence of the affiant and that, in the belief of the affiant, each signatory is a registered voter of the State. The chief election officer shall certify that the signatories are registered voters of the State.

An initiative petition proposing to prohibit a specific activity or to terminate an existing right or privilege shall be filed with the chief election officer in such a form that a vote in the affirmative on the initiative measure shall reflect a vote in favor of the right to engage in the activity or continuance of the right or privilege.

No initiative petition for an initiative measure that names any individual to hold any office; names or identifies any private corporation or entity to perform any function or to have any power or duty; compromises or potentially compromises public health or safety; or pertains to any specific state budget item shall be filed with the chief election officer or be placed on the ballot.

No initiative petition for an initiative measure that is either similar or contrary in form or essential substance, as determined by the attorney general, to a bill currently pending before the legislature shall be filed with the chief election officer or placed on the ballot. If after the adjournment of the legislature sine die, a bill has not become law, does not carry over or is not adopted to propose an amendment to this constitution, an initiative petition for an initiative measure of either similar or contrary form may be filed with the chief election officer.

No initiative petition for a previously defeated initiative measure shall be filed with the chief election officer or placed on the ballot in the same form or essential substance, as determined by the attorney general, for a period of four years from the date of the general election in which the initiative measure was last placed on the ballot.

If any initiative petition subject to this section is determined by the chief election officer to be out of compliance with this section, the petition, along with the notations of specific insufficiencies, shall be returned to the petitioner within thirty days of its filing.

The chief election officer shall not release any initiative petition for inspection by the public or any governmental agency unless the supreme court orders inspection of the petition when a question has been raised regarding the sufficiency of a petition.

The petitioners shall bear all cost of the preparation and circulation of an initiative petition, except for the cost of the services performed by the attorney general under this section. After an initiative petition has been filed with the chief election officer, all further costs related to placement on the ballot, certification by the chief election officer, and voting on the initiative measure shall be part of the usual expenditures of the State.

MEASURE; PROCEDURE AND FORM

All initiative measures shall have a caption, which shall be, "Initiative measure to be submitted directly to the people," printed above the title. The enacting clause of each initiative measure shall be, "Be it enacted by the people of the State of Hawaii."

Each initiative measure shall embrace but one subject, which shall be expressed in its title. Every initiative measure shall be presented on the ballot as a question that may be answered "yes" or "no" and in such a form that an affirmative, or "yes", vote shall indicate an affirmative vote for the measure as the measure is written. Each ballot shall have designated spaces to mark "yes" or "no" on the measure.

An initiative measure shall be effective, if approved, one day after the election results are announced, unless otherwise provided in text of the measure.

An initiative measure shall be effective only if approved by a majority of all votes tallied upon the measure. If two or more conflicting initiative measures are approved by the people at the same election, the measure receiving the highest number of affirmative votes shall prevail.

The veto power of the governor shall not extend to initiative measures approved by the people. No measure enacted by the people shall be repealed or amended by the legislature without a two-thirds vote and unless five years have passed from the effective date of the measure, unless otherwise provided in the measure. An initiative measure may be amended or repealed at any time by popular vote at a general election pursuant to an initiative petition filed pursuant to this section.

CONFLICT OF LAW; RESOLUTION

After a proposed initiative petition is submitted to the attorney general, if any bill that is contrary in form or essential substance, as determined by the attorney general, to the proposed initiative measure is enacted by the legislature or adopted by the legislature as a proposed amendment to this constitution, the following procedure shall apply. If the initiative petition is not certified by the chief election officer and is not placed on the ballot, the legislative measure shall be effective with no further action required. If the initiative petition is certified by the chief election officer and the initiative measure is placed on the ballot, both the legislative measure and the initiative measure shall be placed on the same general election ballot, which shall be submitted to the electorate for approval or denial, except as otherwise provided in this section. Any legislative measure subject to this section shall remain effective pending the outcome of the general election. The legislative measure or initiative measure that receives the highest number of affirmative votes in the general election shall prevail; provided that no initiative measure shall prevail unless it is approved by a majority of all votes tallied upon the measure. If the initiative measure prevails, it shall take effect and the legislative measure shall be void. If the legislative measure prevails, it shall remain effective and the initiative measure shall be void.

After a proposed initiative petition is submitted to the attorney general, if any bill that is the same or similar and accomplishes the same purpose, as determined by the attorney general, as the proposed initiative measure is enacted by the legislature or adopted by the legislature as a proposed amendment to this constitution, the legislative measure shall be effective and the chief election officer shall declare, by a public announcement, that the initiative measure is void and order it stricken from the ballot."

SECTION 3. Article III, section 1, of the Constitution of the State of Hawaii is amended to read as follows:

"LEGISLATIVE POWER

Section 1. [~~The~~] Except as provided in Section of Article II, 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~~] The legislative power shall extend to all rightful subjects of legislation not inconsistent with this constitution or the Constitution of the United States[.]; provided that the power of initiative shall be reserved to the people as provided in Section of Article II."

SECTION 4. Article III, section 14, of the Constitution of the State of Hawaii is amended to read as follows:

"BILLS; ENACTMENT

Section 14. No law shall be passed except by legislative bill[.] or by initiative as provided in Section of Article II. 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[.]" or "Be it enacted by the people of the State of Hawaii," as applicable."

SECTION 5. Article XVII, section 1, of the Constitution of the State of Hawaii is amended to read as follows:

"METHODS OF PROPOSAL

Section 1. Revisions of or amendments to this constitution may be proposed by constitutional convention [or], by the legislature[.] or by the people under Section of Article II, through the initiative process."

SECTION 6. Article XVII, section 4, of the Constitution of the State of Hawaii is amended to read as follows:

"VETO

Section 4. No proposal for amendment of the constitution adopted in either manner provided by this article or by Section of Article II, shall be subject to veto by the governor."

SECTION 7. Article XVII, section 5, of the Constitution of the State of Hawaii is amended to read as follows:

"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 a revision or amendment proposed by the legislature or by the constitutional convention is in conflict with a revision or amendment proposed by the people under Section of Article II, by initiative, and both are approved, then the revision or amendment proposed by initiative 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."

SECTION 8. The question to be printed on the ballot shall be as follows:

"Shall the State Constitution be amended to provide for direct adoption of state statutes and constitutional amendments by the electorate at a general election through an initiative process?"

SECTION 9. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 10. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:

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Report Title:

Initiative; Proposed Constitutional Amendment

Description:

Proposes amendments to the state constitution to provide for direct adoption of state statutes and constitutional amendments by the electorate at a general election through an initiative process.

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