Hawaii-2018-SB2313-Introduced

SECTION 1. The legislature finds that the 2016 presidential election marked the fifth consecutive presidential election in which Hawaii ranked last in the nation in voter turnout. The legislature further finds that active and participatory citizenship is a fundamental principle which underpins the modern democratic process.

The legislature also finds that the state constitution does not provide for referendums allowing for direct legislative enactment by the voting public. The legislature further finds that giving additional power directly to the people outside of the constraints of existing partisan systems will engage the citizenry and encourage them to participate in the electoral process.

The purpose of this Act is to propose amendments to articles II and III of the Constitution of the State of Hawaii to provide for referendum.

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:

"REFERENDUM

Section . The referendum power is reserved to the people. A referendum shall be submitted to the people by presenting to the chief election officer a referendum measure adopted by the legislature, in the same manner required for legislation, by a percent vote of each house on final reading at any session. Upon such adoption, the referendum measure 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 referendum measure shall be submitted to the electorate for approval or rejection upon a separate ballot.

The referendum measure shall be filed with the chief election officer no later than ninety days prior to the general election at which the referendum is to be submitted directly to the people. All referendum measures shall have printed above the title the following:

"REFERENDUM MEASURE TO BE

SUBMITTED DIRECTLY TO THE PEOPLE"

Each referendum measure shall be submitted in the form of a question embracing but one subject, which shall be expressed in its title; provided that each question shall have designated spaces to mark YES or NO on the measure. The enacting clause shall be:

"BE IT ENACTED BY THE PEOPLE

OF THE STATE OF HAWAII".

The referendum measure shall be enacted into law when approved by a majority of votes counted for the measure. If two or more conflicting referendum measures are approved by the people at the same election, the measure receiving the highest number of votes shall prevail.

No referendum measure that names any individual to hold any office, or names or identifies any private corporation to perform any function or to have any power or duty, shall be submitted or have any effect. No referendum measure shall be submitted that compromises or potentially compromises public health or public safety. No referendum measure shall be submitted that pertains to a specific state budget item or any specific state tax or fee.

A referendum measure proposing to prohibit a specific activity or to terminate an existing right or privilege shall be submitted to the people in such a form that they may vote in the affirmative if they favor the right to engage in the activity or continuance of the right or privilege.

Prior to the submission of any referendum measure to the chief election officer for certification, a copy shall be submitted to the attorney general who shall prepare a title and summary of the chief 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.

If, after a referendum measure is submitted to the attorney general, any bill introduced into the legislature that may be contrary, as determined by the attorney general, in form or essential substance to the referendum request is enacted into law, that law and that referendum measure shall be submitted to the people in order that they may choose between them, except as provided in this section. The contrary law shall remain in effect pending the general election ballot. The measure receiving the highest number of votes shall prevail. If the referendum measure is approved, the contrary law shall be void. If any law is enacted that is the same or similar to, and accomplishes the same purpose as a referendum measure, as determined by the attorney general, the chief election officer shall declare, by a public announcement, that the referendum measure is void and order it stricken from the ballot.

A defeated referendum measure shall not be passed by the legislature in a subsequent referendum measure in the same form or essential substance, as determined by the attorney general, either affirmatively or negatively, for a period of four years.

A referendum shall be presented to the people in such a form that a "yes" vote, on a yes or no ballot, shall indicate an affirmative vote for the measure as the measure is written.

The referendum measure shall be effective, if approved, one day after the election results are announced, unless otherwise provided for in the measure.

The veto power of the governor shall not extend to referendum 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 referendum, unless otherwise provided in the measure."

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 Article II, Section , 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~~], except that the people reserve to themselves the power of referendum as set forth in Article II, Section . The legislative power shall extend to all rightful subjects of legislation not inconsistent with this constitution or the Constitution of the United States.

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 by the legislature 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.""

SECTION 5. The question to be printed on the ballot shall be as follows:

"Shall the State Constitution be amended to provide for referendum?"

SECTION 6. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 7. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2313
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII