Bill Text: HI SB572 | 2014 | Regular Session | Introduced

Hawaii Senate Bill 572 (Prior Session Legislation)

Introduced

Bill Title: Legislative Term Limits; Constitutional Amendment (ConAm)

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [SB572 Detail]

Download: Hawaii-2014-SB572-Introduced.html

THE SENATE	S.B. NO.	572
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

proposing an amendment to article iii, section 4, of the hawaii state constitution to establish legislative term limits.

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

SECTION 1. The decision of the United States Supreme Court in Buckley v. Valeo, 424 U.S. 1 (1976), by disallowing certain campaign spending limits, substantially impaired the ability of nonincumbents to challenge elected officials. It is instructive to compare the election of 1974, the only state election with mandatory spending limits, with the 1990 and 2010 elections.

In 1974, twenty-two new members were elected to the house of representatives (forty-three per cent) and eight new members were elected to the senate (thirty-two per cent). As this election was held under the 1973 reapportionment plan, some of the turnover may be attributable to changes in district boundaries. However, there can be no doubt that this was an extraordinarily fruitful election which brought new blood into the process.

In contrast, the 1990 elections saw the election of only one new senator, and even this person had prior elective experience. Eleven incumbent senators ran in 1990; all were reelected. Of the ten incumbent candidates from the majority party, five faced no opposition in the primary or general election (but still spent between $17,328 and $41,632) and three others faced no general election opposition.

Things were only a little better for challengers in the 51-member house of representatives in 1990. Seventeen incumbents were elected, without opposition, by merely filing their nomination papers, although they still spent an average of almost $30,000 per candidate. Thirteen more incumbents faced only token opposition. Of forty-nine incumbents running, only four were defeated. Ninety-two per cent of the incumbents successfully retained their seats.

Recent statistics from the 2010 election show similar results. Of the fifteen open spots for a senate seat in 2010, all eleven incumbents that ran for re-election won. The average incumbent in the senate raised $86,852 while the average challenger raised only $10,588. All together, the winning candidates spent an average of $78,823, while the losing senate candidates spent an average of only $13,212.

Similarly, forty-four out of forty-six incumbents in the house of representatives retained their seats in the 2010 election. The incumbents raised an average of $39,444 and the challengers raised an average of only $10,268. All together, the winning candidates in the house of representatives spent an average of $39,880 while the losing candidates spent an average of only $10,165.

The result of the high cost to nonincumbents running to become a member of the legislature and the small chance of winning leads to a reduction in the number of seriously contested races. This, in turn, has increased voter apathy. It is a cycle that is undermining the entire foundation and the process of a representative democracy. To help correct this problem, this Act proposes an amendment to article III, section 4, of the Hawaii State Constitution to limit members of the legislature to serve a maximum of twelve consecutive years in the house of representatives and twelve consecutive years in the senate. The legislature proposes to give the people of Hawaii an opportunity to weigh the benefits and detriments of term limits and, upon due consideration, choose whether or not to apply them.

The purpose of this Act is to propose an amendment to article III, section 4, of the Constitution of the State of Hawaii to limit the terms of members of the legislature to a maximum of twelve consecutive years in the house of representatives and twelve consecutive years in the senate.

SECTION 2. Article III, section 4, of the Constitution of the State of Hawaii is amended as follows:

"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[.]; provided that for terms beginning on the general election of 2014, no member of the legislature shall serve for more than twelve consecutive years in the house of representatives and twelve consecutive years in the senate; provided further that a member may complete a term if the member reaches the twelve-year limit in the house of representatives or the senate before that term has ended. 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 term 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."

SECTION 3. The question to be printed on the ballot shall be as follows:

"Shall members of the legislature be limited to serving a maximum of twelve consecutive years in the house of representatives and twelve consecutive years in the senate, for terms beginning on the general election of 2014?"

SECTION 4. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 5. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:	_____________________________

Report Title:

Legislative Term Limits; Constitutional Amendment

Description:

Proposes a constitutional amendment to limit the term of members of the legislature to a maximum of twelve consecutive years in the house of representatives and twelve consecutive years in the senate, for terms beginning on the day of the general election of 2014.

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