Bill Text: HI SB329 | 2010 | Regular Session | Introduced

---

Bill Title: Initiative

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB329 Detail]

Download: Hawaii-2010-SB329-Introduced.html

---

Report Title:

Initiative

 

Description:

Amends articles II, III, and XVII of the State constitution to provide for initiative.

 

THE SENATE	S.B. NO.	329
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

 

 

proposing amendments to articles ii, iii, and xvii of the constitution of the state of HAWAII to provide for initiative.

 

 

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

 

     SECTION 1.  The purpose of this Act is to propose amendments to Article II, Article III, and Article XVII of the Constitution of the State of Hawaii to provide for initiative. The legislature finds that no method exists for initiative in Hawaii and that this political mechanism would be in the best interest of the citizenry.

     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.  An initiative measure shall be submitted to the people by presenting to the chief election officer a petition containing the signatures of registered voters equaling not less than ten percent in the case of a law, except for gambling or lottery which requires sixty percent, and not less than sixty percent in the case of an amendment to this constitution, of all votes counted for all candidates for governor at the preceding general election preceding the filing of the petition.  The initiative petition shall be filed with the chief election officer not later than ninety days prior to the general election at which the initiative is to be submitted directly to the people.  All initiative measures shall have printed above the title the following:

"INITIATIVE MEASURE TO BE

SUBMITTED DIRECTLY TO THE PEOPLE."

     Each initiative measure shall embrace but one subject, which shall be expressed in its title.  The enacting clause shall be:

"BE IT ENACTED BY THE PEOPLE

OF THE STATE OF HAWAII."

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

     No initiative 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 initiative measure shall be submitted which pertains to land use issues.

     An initiative measure proposing to prohibit a specific activity or to terminate an existing statutory or regulatory right or privilege shall be submitted to the people in such 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 circulation of any initiative petition for signatures, 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.  The title shall not exceed ten words and summary shall not exceed fifty words.

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

     No initiative measure shall be filed with the chief election officer which may be either similar or contrary in either form or essential substance to a bill already introduced into the legislature.  If, after the adjournment of the legislature sine die, such bill has not become law, or does not carry over, an initiative measure of either similar or contrary form may be filed with the chief election officer for submission to the people.

     A defeated initiative measure shall not be resubmitted to the people by the initiative petition in either the same form or essential substance, as determined by the attorney general, either affirmatively or negatively for a period of two years.

     All initiative petitions shall be submitted to the chief election officer for certification.  Each sheet containing petitioners' signatures shall be attached to the title, summary and text of the initiative petition.  No laws shall be enacted limiting the number of copies of a petition which may be circulated.  Any registered voter of this State shall be competent to solicit signatures.  The petition shall be signed by registered voters.  All signers shall add their address as shown on their voter registration form and the date upon which they sign the petition.  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 signer is a registered voter of the State.  The chief election officer shall certify that the signers are registered voters of this State.

     The chief election officer shall not release any petition for inspection by the public or any governmental agency, except where the supreme court orders inspection of such petition when a question has been raised regarding the sufficiency of a petition. If any petition under this section has been determined to be insufficient, the petition shall be returned to the circulators within thirty days of its filing with the notations of specific insufficiencies.

     Any measure under this section 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 initiative 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 initiative measures approved by the people.  No measure enacted by the people shall be repealed or amended by the legislature unless otherwise provided in the measure; provided that the people may amend an initiative at any time.

     The petitioners shall bear all cost of the preparation and circulation of the petition, except for the services performed by the attorney general under this section.  After the petition has been filed with the chief election officer, all further costs shall be part of the usual expenditures of the State."

     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], but the people reserve to themselves the powers of initiative as set forth in article II, section  .  The legislative power and initiative 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.  Article III, section 16, of the Constitution of the State of Hawaii is amended to read as follows:

"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 passed by the legislature which appropriates money for specific purposes by striking out or reducing the same; but the governor shall veto other bills passed by the legislature, 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.

     The governor shall not have the power of approval or veto over any initiative measure adopted by the people, as is provided for in article II, section  .

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."

     SECTION 6.  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 article II, section  , through the initiative process."

     SECTION 7.  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 article II, section  , on initiative, shall be subject to veto by the governor."

     SECTION 8.  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 is in conflict with the revision or amendment proposed by the people under article II, section  , by initiative, and both are approved, then the revision or amendment receiving the highest number of votes shall prevail.  If conflicting revisions or amendments are proposed by the same body, or by the people under article II, section  , on initiative, 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 9.  The question to be printed on the ballot shall be as follows:

    "Shall the State Constitution be amended to provide for

initiative, which is the power of the people to introduce legislative measures?"

     SECTION 10.  Constitutional material to be repealed is bracketed and stricken.  New constitutional material is underscored.

     SECTION 13.  This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

 

INTRODUCED BY:	_____________________________