Bill Text: HI SB931 | 2015 | Regular Session | Introduced
Bill Title: Unicameral Legislature (ConAm)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-01-28 - Referred to JDL, WAM. [SB931 Detail]
Download: Hawaii-2015-SB931-Introduced.html
THE SENATE |
S.B. NO. |
931 |
TWENTY-EIGHTH LEGISLATURE, 2015 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
proposing amendments to the Hawaii constitution to provide for a UNICAMERAL legislature.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Currently, the state legislature is comprised of two houses that operate independently. This bicameral legislative structure provides a system of checks and balances to facilitate legislative deliberation, provides safeguards against the passage of carelessly drafted legislation, and promotes openness in government by affording citizens more opportunities to express their opinions. In recent years, however, the system has become extremely cumbersome and inefficient.
The existing bicameral system is replete with duplication in committee structure, staffing, and legislation introduced. Procedures and policies differ, sometimes substantially, between the two houses making it time-consuming, confusing, and more difficult for citizen participation. Moreover, the two houses often take diametrically opposed positions on significant issues. This often results in inaction, or in important and controversial decisions being made by conference committees, where special interests can be more easily accommodated than in the more open, deliberative standing committee hearings.
A unicameral legislature would eliminate unnecessary duplication and would provide better citizen access to the legislative process. Conversion to a unicameral system would result in immediate cost savings as the total number of legislators, staff, and legislative measures would decrease.
The purpose of this Act is to amend the Constitution of the State of Hawaii to:
(1) Change the legislature from a bicameral legislature with a house of representatives and a senate to a unicameral legislature with only one chamber, to be known as the legislature, commencing after the general election in November 2014;
(2) Change the total number of legislators from seventy-six to fifty-one legislators representing fifty-one single-member districts, who serve staggered terms of four years each; and
(3) Change the composition of the reapportionment commission to require four members each to be appointed by the speaker and minority leader of the legislature, with appointees choosing the ninth member; and change the composition of the judicial selection commission to require four members to be appointed by the speaker of the legislature, with the governor to appoint two members, the chief justice to appoint one member, and members of the bar to elect two members.
Until such time as a new apportionment plan is filed, it is the intent of the legislature that the apportionment plan for the house of representatives in effect at the time this Act becomes effective, shall apply to the new unicameral legislature.
SECTION 2. Article III, of the Constitution of the State of Hawaii is amended to read as follows:
"LEGISLATIVE POWER
Section 1. [The] Commencing
after the general election in November 2016, 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.] one chamber which shall be
known as the legislature. Such power shall extend to all rightful subjects
of legislation not inconsistent with this constitution or the Constitution of
the United States.
[COMPOSITION
OF SENATE
Section 2. The senate shall
be composed of twenty-five members, who shall be elected by the qualified
voters of the respective senatorial districts. Until the next reapportionment
the senatorial districts and the number of senators to be elected from each
shall be as set forth in the Schedule.]
COMPOSITION
OF [HOUSE OF REPRESENTATIVES] LEGISLATURE
Section 3. The [house of
representatives] legislature shall be composed of fifty-one members,
who shall be elected by the qualified voters of the respective [representative]
single member legislative districts. [Until the next
reapportionment, the representative] The legislative districts [and
the number of representatives to be elected from each] shall be as set
forth [in the Schedule.] by the reapportionment commission.
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] legislature
shall be [two years and the term of office of a member of the senate shall
be] four years[.]; provided that of the legislators elected to the
term commencing after the general election in November 2014, the members of the
legislature shall serve staggered terms of office as provided in Article IV,
Section 7 of this Constitution. 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] The term of a member of the legislature shall
end on the day of the second general election immediately following the day the
member's term commences.
VACANCIES
Section 5. Any vacancy in the legislature shall be filled for the unexpired term in such manner as may be provided by law, or, if no provision be made by law, by appointment by the governor for the unexpired term.
QUALIFICATIONS OF MEMBERS
Section 6. [No person shall be
eligible to serve as a member of the senate unless the person has been a
resident of the State for not less than three years, has attained the age of
majority and is, prior to filing nomination papers and thereafter continues to
be, a qualified voter of the senatorial district from which the person seeks to
be elected; except that in the year of the first general election following
reapportionment, but prior to the primary election, an incumbent senator may
move to a new district without being disqualified from completing the remainder
of the incumbent senator's term.] No person shall be eligible to serve as
a member of the [house of representatives] legislature unless the
person has been a resident of the State for not less than three years, has
attained the age of majority and is, prior to filing nomination papers and
thereafter continues to be, a qualified voter of the [representative] legislative
district from which the person seeks to be elected; except that in the year of
the first general election following reapportionment, but prior to the primary
election, an incumbent [representative] legislator may move to a
new district without being disqualified from completing the remainder of the
incumbent [representative's] legislator's term.
PRIVILEGES OF MEMBERS
Section 7. No member of the legislature
shall be held to answer before any other tribunal for any statement made or
action taken in the exercise of the member's legislative functions; and members
of the legislature shall, in all cases except felony or breach of the peace, be
privileged from arrest during their attendance at the sessions of [their
respective houses,] the legislature and in going to and returning
from the same.
DISQUALIFICATIONS OF MEMBERS
Section 8. No member of the legislature shall hold any other public office under the State, nor shall the member, during the term for which the member is elected or appointed, be elected or appointed to any public office or employment which shall have been created, or the emoluments whereof shall have been increased, by legislative act during such term. The term "public offices," for the purposes of this section, shall not include notaries public, reserve police officers or officers of emergency organizations for civilian defense or disaster relief. The legislature may prescribe further disqualifications.
LEGISLATIVE ALLOWANCE
Section 9. The members of the legislature shall receive allowances reasonably related to expenses as provided by law.
SESSIONS
Section 10. The legislature shall convene annually in regular session at 10:00 o'clock a.m. on the third Wednesday in January.
[At the written request of two-thirds of the
members to which each house is entitled, the presiding officers of both houses
shall convene the legislature in special session.] At the written request
of two-thirds of the members of the [senate, the president of the senate]
legislature, the speaker shall convene the [senate] legislature
in special session for the purpose of carrying out its responsibility
established by Section 3 of Article VI[.] or for other legislative
business. The governor may convene [both houses or the senate alone]
the legislature in special session.
Regular sessions shall be limited to a period
of sixty days, and special sessions shall be limited to a period of thirty
days. Any session may be extended a total of not more than fifteen days. Such
extension shall be granted by the [presiding officers of both houses] speaker
of the legislature at the written request of two-thirds of the members to
which [each house] the legislature is entitled or may be granted
by the governor.
Each regular session shall be recessed for not
less than five days at some period between the twentieth and fortieth days of
the regular session. The legislature shall determine the dates of the
mandatory recess by [concurrent] resolution. Any session may be
recessed by [concurrent] resolution adopted by a majority of the members
to which [each house] the legislature is entitled. Saturdays, Sundays,
holidays, the days in mandatory recess and any days in recess pursuant to a [concurrent]
resolution shall be excluded in computing the number of days of any session.
All sessions shall be held in the capital of the State. In case the capital shall be unsafe, the governor may direct that any session be held at some other place.
ADJOURNMENT
Section 11. Neither house
shall adjourn during any session of the legislature for more than three days,
or sine die, without the consent of the other.
ORGANIZATION; DISCIPLINE; RULES; PROCEDURE
Section 12. [Each house] The legislature
shall be the judge of the elections, returns and qualifications of its [own]
members and shall have, for misconduct, disorderly behavior or neglect of duty
of any member, power to punish such member by censure or, upon a two-thirds
vote of all the members to which [such house] the legislature is
entitled, by suspension or expulsion of such member. [Each house] The
legislature shall choose its own officers, determine the rules of its
proceedings and keep a journal. The ayes and noes of the members on any
question shall, at the desire of one-fifth of the members present, be entered
upon the journal.
Twenty days after a bill has been referred to a
committee [in either house,] of the legislature, the bill may be
recalled from such committee by the affirmative vote of one-third of the
members to which [such house] the legislature is entitled.
Every meeting or hearing of a committee
in [either house or of a committee comprised of a member or members from
both houses] the legislature held for the purpose of making decision
on matters referred to the committee shall be open to the public.
By rule of its proceedings, [applicable to
both houses, each house] the legislature shall provide for the date
by which all bills to be considered in a regular session shall be introduced.
QUORUM; COMPULSORY ATTENDANCE
Section 13. A majority of the number of
members to which [each house] the legislature is entitled shall
constitute a quorum [of such house] for the conduct of ordinary
business, of which quorum a majority vote shall suffice; but the final passage
of a bill [in each house] shall require the vote of a majority of all
the members to which [such house] the legislature is entitled,
taken by ayes and noes and entered upon its journal. A smaller number than a
quorum may adjourn from day to day and may compel the attendance of absent
members in such manner and under such penalties as [each house] the legislature
may provide.
BILLS; ENACTMENT
Section 14. No law shall be passed 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."
PASSAGE OF BILLS
Section 15. No bill shall become law
unless it shall pass three readings in [each house] the legislature
on separate days. No bill shall pass third or final reading [in either
house] unless printed copies of the bill in the form to be passed shall
have been made available to the members of [that house] the
legislature for at least forty-eight hours.
[Every bill when passed by the house in
which it originated, or in which amendments thereto shall have originated,
shall immediately be certified by the presiding officer and clerk and sent to
the other house for consideration.]
Any bill pending at the final adjournment of a
regular session in an odd-numbered year shall carry over with the same status
to the next regular session. [Before the carried-over bill is enacted, it
shall pass at least one reading in the house in which the bill originated.]
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] speaker and the clerk of the legislature 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 which appropriates money for specific purposes by striking
out or reducing the same; but the governor shall veto other bills, 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.
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] the legislature 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.
PROCEDURES UPON VETO
Section 17. Upon the receipt of a veto
message from the governor, [each house] the legislature shall
enter the same at large upon its journal and proceed to reconsider the vetoed
bill, or the item or items vetoed, and again vote upon such bill, or such item
or items, by ayes and noes, which shall be entered upon its journal. If after
such reconsideration such bill, or such item or items, shall be approved by a
two-thirds vote of all members to which [each house] the legislature
is entitled, the same shall become law.
PUNISHMENT OF NONMEMBERS
Section 18. [Each house] The
legislature may punish by fine, or by imprisonment not exceeding thirty
days, any person not a member of [either house] the legislature
who shall be guilty of disrespect of [such house] the legislature
by any disorderly or contemptuous behavior in its presence or that of any
committee thereof; or who shall, on account of the exercise of any legislative
function, threaten harm to the body or estate of any of the members of [such
house;] the legislature; or who shall assault, arrest or detain any
witness or other person ordered to attend [such house,] the
legislature, on the witness' or other person's way going to or returning
therefrom; or who shall rescue any person arrested by order of [such house.]
the legislature.
Any person charged with such an offense shall be informed in writing of the charge made against the person and have opportunity to present evidence and be heard in the person's own defense.
IMPEACHMENT
Section 19. The governor and lieutenant
governor, and any appointive officer for whose removal the consent of the [senate]
legislature is required, may be removed from office upon conviction of
impeachment for such causes as may be provided by law.
The [house of representatives] legislature
shall have the sole power of impeachment of the governor and lieutenant
governor and [the senate] the sole power to try such impeachments, and
no such officer shall be convicted without the concurrence of two-thirds of the
members of the [senate.] legislature. When sitting for that
purpose, the members of the [senate] legislature shall be on oath
or affirmation and the chief justice shall preside. Subject to [the
provisions of] this paragraph, the legislature may provide for the manner
and procedure of removal by impeachment of such officers.
The legislature shall by law provide for the manner and procedure of removal by impeachment of the appointive officers.
Judgments in cases of impeachment shall not extend beyond removal from office and disqualification to hold and enjoy any office of honor, trust or profit under the State; but the person convicted may nevertheless be liable and subject to indictment, trial, judgment and punishment as provided by law."
SECTION 3. Article IV, section 2, of the Constitution of the State of Hawaii is amended to read as follows:
"REAPPORTIONMENT COMMISSION
Section 2. A reapportionment commission
shall be constituted on or before May 1 of each reapportionment year and
whenever reapportionment is required by court order. The commission shall
consist of nine members. [The president of the senate and the speaker of
the house of representatives] The speaker of the legislature and the
minority leader shall each select [two] four members. [Members
of each house belonging to the party or parties different from that of the
president or the speaker shall designate one of their number for each house and
the two so designated shall each select two members of the commission.]
The eight members so selected, promptly after selection, shall be certified by
the selecting authorities to the chief election officer and within thirty days
thereafter, shall select, by a vote of six members, and promptly certify to the
chief election officer the ninth member who shall serve as chairperson of the
commission.
Each of the [four] officials designated
above as selecting authorities for the eight members of the commission, at the
time of the commission selections, shall also select one person from each basic
island unit to serve on an apportionment advisory council for that island
unit. The councils shall remain in existence during the life of the commission
and each shall serve in an advisory capacity to the commission for matters
affecting its island unit.
A vacancy in the commission or a council shall be filled by the initial selecting authority within fifteen days after the vacancy occurs. Commission and council positions and vacancies not filled within the times specified shall be filled promptly thereafter by the supreme court.
The commission shall act by majority vote of its membership and shall establish its own procedures, except as may be provided by law.
Not more than one hundred fifty days from the date on which its members are certified, the commission shall file with the chief election officer a reapportionment plan for the state legislature and a reapportionment plan for the United States congressional districts which shall become law after publication as provided by law. Members of the commission shall hold office until each reapportionment plan becomes effective or until such time as may be provided by law.
No member of the reapportionment commission or
an apportionment advisory council shall be eligible to become a candidate for
election to [either house of] the legislature or to the United States
House of Representatives in either of the first two elections under any such
reapportionment plan.
Commission and apportionment advisory council members shall be compensated and reimbursed for their necessary expenses as provided by law.
The chief election officer shall be secretary of the commission without vote and, under the direction of the commission, shall furnish all necessary technical services. The legislature shall appropriate funds to enable the commission to carry out its duties."
SECTION 4. Article IV, section 4, of the Constitution of the State of Hawaii is amended to read as follows:
"APPORTIONMENT AMONG BASIC ISLAND UNITS
Section 4. The commission shall
allocate the total number of members of [each house of] the state
legislature being reapportioned among the four basic island units, namely: (1)
the island of Hawaii, (2) the islands of Maui, Lanai, Molokai and Kahoolawe,
(3) the island of Oahu and all other islands not specifically enumerated, and
(4) the islands of Kauai and Niihau, using the total number of permanent
residents in each of the basic island units and computed by the method known as
the method of equal proportions; except that no basic island unit shall receive
less than one member [in each house]."
SECTION 5. Article IV, section 6, of the Constitution of the State of Hawaii is amended to read as follows:
"APPORTIONMENT WITHIN BASIC ISLAND UNITS
Section 6. Upon the determination of
the total number of members of [each house of] the state legislature to
which each basic island unit is entitled, the commission shall apportion the
members among the districts therein and shall redraw district lines where
necessary in such manner that [for each house] the average number of
permanent residents per member in each district is as nearly equal to the
average for the basic island unit as practicable.
In effecting such redistricting, the commission shall be guided by the following criteria:
1. No district shall extend beyond the boundaries of any basic island unit.
2. No district shall be so drawn as to unduly favor a person or political faction.
3. Except in the case of districts encompassing more than one island, districts shall be contiguous.
4. Insofar as practicable, districts shall be compact.
5. Where possible, district lines shall follow permanent and easily recognized features, such as streets, streams and clear geographical features, and, when practicable, shall coincide with census tract boundaries.
[6. Where practicable, representative
districts shall be wholly included within senatorial districts.
7.] 6. Not more than [four
members] one member shall be elected from any district.
[8.] 7. Where practicable,
submergence of an area in a larger district wherein substantially different
socio-economic interests predominate shall be avoided."
SECTION 6. Article IV, section 7, of the Constitution of the State of Hawaii is amended to read as follows:
"ELECTION
OF [SENATORS] LEGISLATORS AFTER REAPPORTIONMENT
Section 7. Regardless of whether or not
a [senator] legislator is serving a term that would have extended
past the general election at which an apportionment plan becomes effective, the
term of office of all [senators] legislators shall end at that
general election. The staggered terms of [senators] legislators
in each district shall be recomputed as established by the next section in this
article, and the number of [senators] legislators in a [senatorial]
legislative district under the reapportionment plan of the commission."
SECTION 7. Article IV, section 8, of the Constitution of the State of Hawaii is amended to read as follows:
"STAGGERED
TERMS FOR THE [SENATE] LEGISLATURE
Section 8. The reapportionment
commission shall, as part of the reapportionment plan, assign two-year terms
for [twelve senate] twenty-five legislative seats for the
election immediately following the adoption of the reapportionment plan. The
remaining seats shall be assigned four-year terms. Insofar as practicable, the
commission shall assign the two-year terms to [senate] legislative
seats so that the resident population of each [senate] legislative
district shall have no more than two regular [senate] legislative
elections for a particular [senate] legislative seat within the
six-year period beginning in the even-numbered year prior to the
reapportionment year; provided that in the event of a multi-member [senate]
legislative district, the [senators] legislators elected
with the highest number of votes in that district in the election immediately
following the adoption of the reapportionment plan shall fill the [senate]
legislative seats in that district which were assigned the four-year
terms by the commission."
SECTION 8. Article V, section 6, of the Constitution of the State of Hawaii is amended to read as follows:
"EXECUTIVE AND ADMINISTRATIVE OFFICES
AND DEPARTMENTS
Section 6. All executive and administrative offices, departments and instrumentalities of the state government and their respective powers and duties shall be allocated by law among and within not more than twenty principal departments in such a manner as to group the same according to common purposes and related functions. Temporary commissions or agencies for special purposes may be established by law and need not be allocated within a principal department.
Each principal department shall be under the
supervision of the governor and, unless otherwise provided in this constitution
or by law, shall be headed by a single executive. Such single executive shall
be nominated and, by and with the advice and consent of the [senate,] legislature,
appointed by the governor. That person shall hold office for a term to expire
at the end of the term for which the governor was elected, unless sooner
removed by the governor; except that the removal of the chief legal officer of
the State shall be subject to the advice and consent of the [senate.] legislature.
Except as otherwise provided in this
constitution, whenever a board, commission or other body shall be the head of a
principal department of the state government, the members thereof shall be
nominated and, by and with the advice and consent of the [senate,] legislature,
appointed by the governor. The term of office and removal of such members
shall be as provided by law. Such board, commission or other body may appoint
a principal executive officer who, when authorized by law, may be an ex
officio, voting member thereof, and who may be removed by a majority vote of
the members appointed by the governor.
The governor shall nominate and, by and with
the advice and consent of the [senate,] legislature, appoint all
officers for whose election or appointment provision is not otherwise provided
for by this constitution or by law. If the manner of removal of an officer is
not prescribed in this constitution, removal shall be as provided by law.
When the [senate] legislature is
not in session and a vacancy occurs in any office, appointment to which
requires the confirmation of the [senate,] legislature, the
governor may fill the office by granting a commission which shall expire,
unless such appointment is confirmed, at the end of the next session of the [senate.]
legislature. The person so appointed shall not be eligible for another
interim appointment to such office if the appointment failed to be confirmed by
the [senate.] legislature.
No person who has been nominated for
appointment to any office and whose appointment has not received the consent of
the [senate] legislature shall be eligible to an interim
appointment thereafter to such office.
Every officer appointed under the provisions of this section shall be a citizen of the United States and shall have been a resident of this State for at least one year immediately preceding that person's appointment, except that this residency requirement shall not apply to the president of the University of Hawaii."
SECTION 9. Article VI, section 3, of the Constitution of the State of Hawaii is amended to read as follows:
"APPOINTMENT OF JUSTICES AND JUDGES
Section 3. The governor, with the
consent of the [senate,] legislature, shall fill a vacancy in the
office of the chief justice, supreme court, intermediate appellate court and
circuit courts, by appointing a person from a list of not less than four, and
not more than six, nominees for the vacancy, presented to the governor by the
judicial selection commission.
If the governor fails to make any appointment
within thirty days of presentation, or within ten days of the [senate's]
legislature's rejection of any previous appointment, the appointment
shall be made by the judicial selection commission from the list with the
consent of the [senate.] legislature. If the [senate] legislature
fails to reject any appointment within thirty days thereof, it shall be deemed
to have given its consent to such appointment. If the [senate] legislature
shall reject any appointment, the governor shall make another appointment from
the list within ten days thereof. The same appointment and consent procedure
shall be followed until a valid appointment has been made, or failing this, the
commission shall make the appointment from the list, without [senate] the
consent[.] of the legislature.
The chief justice, with the consent of the [senate,]
legislature, shall fill a vacancy in the district courts by appointing a
person from a list of not less than six nominees for the vacancy presented by
the judicial selection commission. If the chief justice fails to make the
appointment within thirty days of presentation, or within ten days of the [senate's]
legislature's rejection of any previous appointment, the appointment
shall be made by the judicial selection commission from the list with the
consent of the [senate.] legislature. The [senate] legislature
shall hold a public hearing and vote on each appointment within thirty days of
any appointment. If the [senate] legislature fails to do so, the
nomination shall be returned to the commission and the commission shall make
the appointment from the list without [senate] the consent[.]
of the legislature. The chief justice shall appoint per diem district
court judges as provided by law.
QUALIFICATIONS FOR APPOINTMENT
Justices and judges shall be residents and citizens of the State and of the United States, and licensed to practice law by the supreme court. A justice of the supreme court, a judge of the intermediate appellate court and a judge of the circuit court shall have been so licensed for a period of not less than ten years preceding nomination. A judge of the district court shall have been so licensed for a period of not less than five years preceding nomination.
No justice or judge shall, during the term of office, engage in the practice of law, or run for or hold any other office or position of profit under the United States, the State or its political subdivisions.
TENURE; RETIREMENT
The term of office of justices and judges of the supreme court, intermediate appellate court and circuit courts shall be ten years. Judges of district courts shall hold office for the periods as provided by law. At least six months prior to the expiration of a justice's or judge's term of office, every justice and judge shall petition the judicial selection commission to be retained in office or shall inform the commission of an intention to retire. If the judicial selection commission determines that the justice or judge should be retained in office, the commission shall renew the term of office of the justice or judge for the period provided by this section or by law.
Justices and judges shall be retired upon attaining the age of seventy years. They shall be included in any retirement law of the State."
SECTION 10. Article VI, section 4, of the Constitution of the State of Hawaii is amended to read as follows:
"JUDICIAL SELECTION COMMISSION
Section 4. There shall be a judicial
selection commission that shall consist of nine members. The governor shall
appoint two members to the commission. No more than one of the two members
shall be a licensed attorney. The [president of the senate and the]
speaker of the [house of representatives] legislature shall [each
respectively] appoint [two] four members to the commission.
The chief justice of the supreme court shall appoint one member to the
commission. Members in good standing of the bar of the State shall elect two
of their number to the commission in an election conducted by the supreme court
or its delegate. No more than four members of the commission shall be licensed
attorneys. At all times, at least one member of the commission shall be a
resident of a county other than the City and County of Honolulu.
The commission shall be selected and shall operate in a wholly nonpartisan manner. After the initial formation of the commission, elections and appointments to the commission shall be for staggered terms of six years each. Notwithstanding the foregoing, no member of the commission shall serve for more than six years on the commission.
Each member of the judicial selection commission shall be a resident of the State and a citizen of the United States. No member shall run for or hold any other elected office under the United States, the State or its political subdivisions. No member shall take an active part in political management or in political campaigns. No member shall be eligible for appointment to the judicial office of the State so long as the person is a member of the judicial commission and for a period of three years thereafter.
No act of the judicial selection commission shall be valid except by concurrence of the majority of its voting members.
The judicial selection commission shall select one of its members to serve as chairperson. The commission shall adopt rules which shall have the force and effect of law. The deliberations of the commission shall be confidential.
The legislature shall provide for the staff and operating expenses of the judicial selection commission in a separate budget. No member of the judicial selection commission shall receive any compensation for commission services, but shall be allowed necessary expenses for travel, board and lodging incurred in the performance of commission duties.
The judicial selection commission shall be attached to the judiciary branch of the state government for purposes of administration."
SECTION 11. Article VII, section 9, of the Constitution of the State of Hawaii is amended to read as follows:
"LEGISLATIVE APPROPRIATIONS; PROCEDURES;
EXPENDITURE CEILING
Section 9. In each regular session in an odd-numbered year, the legislature shall transmit to the governor an appropriation bill or bills providing for the anticipated total expenditures of the State for the ensuing fiscal biennium. In such session, no appropriation bill, except bills recommended by the governor for immediate passage, or to cover the expenses of the legislature, shall be passed on final reading until the bill authorizing operating expenditures for the ensuing fiscal biennium, to be known as the general appropriations bill, shall have been transmitted to the governor.
In each regular session in an even-numbered year, at such time as may be provided by law, the governor may submit to the legislature a bill to amend any appropriation for operating expenditures of the current fiscal biennium, to be known as the supplemental appropriations bill, and bills to amend any appropriations for capital expenditures of the current fiscal biennium, and at the same time the governor shall submit a bill or bills to provide for any added revenues or borrowings that such amendments may require. In each regular session in an even-numbered year, bills may be introduced in the legislature to amend any appropriation act or bond authorization act of the current fiscal biennium or prior fiscal periods. In any such session in which the legislature submits to the governor a supplemental appropriations bill, no other appropriation bill, except bills recommended by the governor for immediate passage, or to cover the expenses of the legislature, shall be passed on final reading until such supplemental appropriations bill shall have been transmitted to the governor.
GENERAL FUND EXPENDITURE CEILING
Notwithstanding any other provision to the contrary,
the legislature shall establish a general fund expenditure ceiling which shall
limit the rate of growth of general fund appropriations, excluding federal
funds received by the general fund, to the estimated rate of growth of the
State's economy as provided by law. No appropriations in excess of such
ceiling shall be authorized during any legislative session unless the
legislature shall, by a two-thirds vote of the members to which [each house
of the legislature] it is entitled, set forth the dollar amount and
the rate by which the ceiling will be exceeded and the reasons therefor."
SECTION 12. Article VII, section 10, of the Constitution of the State of Hawaii is amended to read as follows:
"AUDITOR
Section 10. The legislature, by a
majority vote of [each house in joint session,] its members,
shall appoint an auditor who shall serve for a period of eight years and
thereafter until a successor shall have been appointed. The legislature, by a
two-thirds vote of [the] its members [in joint session],
may remove the auditor from office at any time for cause. It shall be the duty
of the auditor to conduct post-audits of the transactions, accounts, programs
and performance of all departments, offices and agencies of the State and its
political subdivisions, to certify to the accuracy of all financial statements
issued by the respective accounting officers and to report the auditor's
findings and recommendations to the governor and to the legislature at such
times as shall be provided by law. The auditor shall also make such additional
reports and conduct such other investigations as may be directed by the
legislature."
SECTION 13. Article VII, section 12, of the Constitution of the State of Hawaii is amended to read as follows:
"DEFINITIONS; ISSUANCE OF INDEBTEDNESS
Section 12. For the purposes of this article:
1. The term "bonds" shall include bonds, notes and other instruments of indebtedness.
2. The term "general obligation bonds" means all bonds for the payment of the principal and interest of which the full faith and credit of the State or a political subdivision are pledged and, unless otherwise indicated, includes reimbursable general obligation bonds.
3. The term "net revenues" or "net user tax receipts" means the revenues or receipts derived from:
a. A public undertaking, improvement or system remaining after the costs of operation, maintenance and repair of the public undertaking, improvement or system, and the required payments of the principal of and interest on all revenue bonds issued therefor, have been made; or
b. Any payments or return on security under a loan program or a loan thereunder, after the costs of operation and administration of the loan program, and the required payments of the principal of and interest on all revenue bonds issued therefor, have been made.
4. The term "person" means an individual, firm, partnership, corporation, association, cooperative or other legal entity, governmental body or agency, board, bureau or other instrumentality thereof, or any combination of the foregoing.
5. The term "rates, rentals and charges" means all revenues and other moneys derived from the operation or lease of a public undertaking, improvement or system, or derived from any payments or return on security under a loan program or a loan thereunder; provided that insurance premium payments, assessments and surcharges, shall constitute rates, rentals and charges of a state property insurance program.
6. The term "reimbursable general obligation bonds" means general obligation bonds issued for a public undertaking, improvement or system from which revenues, or user taxes, or a combination of both, may be derived for the payment of the principal and interest as reimbursement to the general fund and for which reimbursement is required by law, and, in the case of general obligation bonds issued by the State for a political subdivision, general obligation bonds for which the payment of the principal and interest as reimbursement to the general fund is required by law to be made from the revenue of the political subdivision.
7. The term "revenue bonds" means all bonds payable from the revenues, or user taxes, or any combination of both, of a public undertaking, improvement, system or loan program and any loan made thereunder and secured as may be provided by law, including a loan program to provide loans to a state property insurance program providing hurricane insurance coverage to the general public.
8. The term "special purpose revenue bonds" means all bonds payable from rental or other payments made to an issuer by a person pursuant to contract and secured as may be provided by law.
9. The term "user tax" means a tax on goods or services or on the consumption thereof, the receipts of which are substantially derived from the consumption, use or sale of goods and services in the utilization of the functions or services furnished by a public undertaking, improvement or system; provided that mortgage recording taxes shall constitute user taxes of a state property insurance program.
The legislature, by a majority vote of the
members to which [each house] it is entitled, shall authorize the
issuance of all general obligation bonds, bonds issued under special
improvement statutes and revenue bonds issued by or on behalf of the State and
shall prescribe by general law the manner and procedure for such issuance. The
legislature by general law shall authorize political subdivisions to issue
general obligation bonds, bonds issued under special improvement statutes and
revenue bonds and shall prescribe the manner and procedure for such issuance.
All such bonds issued by or on behalf of a political subdivision shall be
authorized by the governing body of such political subdivision.
Special purpose revenue bonds shall only be authorized or issued to finance facilities of or for, or to loan the proceeds of such bonds to assist:
1. Manufacturing, processing, or industrial enterprises;
2. Utilities serving the general public;
3. Health care facilities provided to the general public by not-for-profit corporations;
4. Early childhood education and care facilities provided to the general public by not-for-profit corporations;
5. Low and moderate income government housing programs;
6. Not-for-profit private nonsectarian and sectarian elementary schools, secondary schools, colleges and universities; or
7. Agricultural enterprises serving important agricultural lands,
each of which is hereinafter referred to in this paragraph as a special purpose entity.
The legislature, by a two-thirds vote of the
members to which [each house] it is entitled, may enact enabling
legislation for the issuance of special purpose revenue bonds separately for
each special purpose entity, and, by a two-thirds vote of the members to which [each
house] it is entitled and by separate legislative bill, may
authorize the State to issue special purpose revenue bonds for each single
project or multi-project program of each special purpose entity; provided that
the issuance of such special purpose revenue bonds is found to be in the public
interest by the legislature; and provided further that the State may combine
into a single issue of special purpose revenue bonds two or more proposed
issues of special purpose revenue bonds to assist not-for-profit private
nonsectarian and sectarian elementary schools, secondary schools, colleges, and
universities, separately authorized as aforesaid, in the total amount of not
exceeding the aggregate of the proposed separate issues of special purpose
revenue bonds. The legislature may enact enabling legislation to authorize
political subdivisions to issue special purpose revenue bonds. If so
authorized, a political subdivision by a two-thirds vote of the members to
which its governing body is entitled and by separate ordinance may authorize the
issuance of special purpose revenue bonds for each single project or
multi-project program of each special purpose entity; provided that the
issuance of such special purpose revenue bonds is found to be in the public
interest by the governing body of the political subdivision. No special
purpose revenue bonds shall be secured directly or indirectly by the general
credit of the issuer or by any revenues or taxes of the issuer other than
receipts derived from payments by a person or persons under contract or from
any security for such contract or contracts or special purpose revenue bonds
and no moneys other than such receipts shall be applied to the payment
thereof. The governor shall provide the legislature in November of each year
with a report on the cumulative amount of all special purpose revenue bonds
authorized and issued, and such other information as may be necessary."
SECTION 14. Article VII, section 13, of the Constitution of the State of Hawaii is amended to read as follows:
"DEBT LIMIT; EXCLUSIONS
Section 13. General obligation bonds
may be issued by the State; provided that such bonds at the time of issuance
would not cause the total amount of principal and interest payable in the
current or any future fiscal year, whichever is higher, on such bonds and on
all outstanding general obligation bonds to exceed: a sum equal to twenty
percent of the average of the general fund revenues of the State in the three
fiscal years immediately preceding such issuance until June 30, 1982; and
thereafter, a sum equal to eighteen and one-half percent of the average of the
general fund revenues of the State in the three fiscal years immediately
preceding such issuance. Effective July 1, 1980, the legislature shall
include a declaration of findings in every general law authorizing the issuance
of general obligation bonds that the total amount of principal and interest,
estimated for such bonds and for all bonds authorized and unissued and
calculated for all bonds issued and outstanding, will not cause the debt limit
to be exceeded at the time of issuance. Any bond issue by or on behalf of the
State may exceed the debt limit if an emergency condition is declared to exist
by the governor and concurred to by a two-thirds vote of the members to which [each
house of] the legislature is entitled. For the purpose of this paragraph,
general fund revenues of the State shall not include moneys received as grants
from the federal government and receipts in reimbursement of any reimbursable
general obligation bonds which are excluded as permitted by this section.
A sum equal to fifteen percent of the total of the assessed values for tax rate purposes of real property in each political subdivision, as determined by the last tax assessment rolls pursuant to law, is established as the limit of the funded debt of such political subdivision that is outstanding and unpaid at any time.
All general obligation bonds for a term exceeding two years shall be in serial form maturing in substantially equal installments of principal, or maturing in substantially equal installments of both principal and interest. The first installment of principal of general obligation bonds and of reimbursable general obligation bonds shall mature not later than five years from the date of issue of such series. The last installment on general obligation bonds shall mature not later than twenty-five years from the date of such issue and the last installment on general obligation bonds sold to the federal government, on reimbursable general obligation bonds and on bonds constituting instruments of indebtedness under which the State or a political subdivision incurs a contingent liability as a guarantor shall mature not later than thirty-five years from the date of such issue. The interest and principal payments of general obligation bonds shall be a first charge on the general fund of the State or political subdivision, as the case may be.
In determining the power of the State to issue general obligation bonds or the funded debt of any political subdivision under section 12, the following shall be excluded:
1. Bonds that have matured, or that mature in the then current fiscal year, or that have been irrevocably called for redemption and the redemption date has occurred or will occur in the then fiscal year, or for the full payment of which moneys or securities have been irrevocably set aside.
2. Revenue bonds, if the issuer thereof is obligated by law to impose rates, rentals and charges for the use and services of the public undertaking, improvement or system or the benefits of a loan program or a loan thereunder or to impose a user tax, or to impose a combination of rates, rentals and charges and user tax, as the case may be, sufficient to pay the cost of operation, maintenance and repair, if any, of the public undertaking, improvement or system or the cost of maintaining a loan program or a loan thereunder and the required payments of the principal of and interest on all revenue bonds issued for the public undertaking, improvement or system or loan program, and if the issuer is obligated to deposit such revenues or tax or a combination of both into a special fund and to apply the same to such payments in the amount necessary therefor.
3. Special purpose revenue bonds, if the issuer thereof is required by law to contract with a person obligating such person to make rental or other payments to the issuer in an amount at least sufficient to make the required payment of the principal of and interest on such special purpose revenue bonds.
4. Bonds issued under special improvement statutes when the only security for such bonds is the properties benefited or improved or the assessments thereon.
5. General obligation bonds issued for assessable improvements, but only to the extent that reimbursements to the general fund for the principal and interest on such bonds are in fact made from assessment collections available therefor.
6. Reimbursable general obligation bonds issued for a public undertaking, improvement or system but only to the extent that reimbursements to the general fund are in fact made from the net revenue, or net user tax receipts, or combination of both, as determined for the immediately preceding fiscal year.
7. Reimbursable general obligation bonds issued by the State for any political subdivision, whether issued before or after the effective date of this section, but only for as long as reimbursement by the political subdivision to the State for the payment of principal and interest on such bonds is required by law; provided that in the case of bonds issued after the effective date of this section, the consent of the governing body of the political subdivision has first been obtained; and provided further that during the period that such bonds are excluded by the State, the principal amount then outstanding shall be included within the funded debt of such political subdivision.
8. Bonds constituting instruments of indebtedness under which the State or any political subdivision incurs a contingent liability as a guarantor, but only to the extent the principal amount of such bonds does not exceed seven percent of the principal amount of outstanding general obligation bonds not otherwise excluded under this section; provided that the State or political subdivision shall establish and maintain a reserve in an amount in reasonable proportion to the outstanding loans guaranteed by the State or political subdivision as provided by law.
9. Bonds issued by or on behalf of the State or by any political subdivision to meet appropriations for any fiscal period in anticipation of the collection of revenues for such period or to meet casual deficits or failures of revenue, if required to be paid within one year, and bonds issued by or on behalf of the State to suppress insurrection, to repel invasion, to defend the State in war or to meet emergencies caused by disaster or act of God.
The total outstanding indebtedness of the State or funded debt of any political subdivision and the exclusions therefrom permitted by this section shall be made annually and certified by law or as provided by law. For the purposes of section 12 and this section, amounts received from on-street parking may be considered and treated as revenues of a parking undertaking.
Nothing in section 12 or in this section shall prevent the refunding of any bond at any time."
SECTION 15. Article X, section 2, of the Constitution of the State of Hawaii is amended to read as follows:
"BOARD OF EDUCATION
Section 2. There shall be a board of
education. The governor shall nominate and, by and with the advice and consent
of the [senate,] legislature, appoint the members of the board of
education, as provided by law."
SECTION 16. Article X, section 6, of the Constitution of the State of Hawaii is amended to read as follows:
"BOARD OF REGENTS; POWERS
Section 6. There shall be a board of
regents of the University of Hawaii, the members of which shall be nominated
and, by and with the advice and consent of the [senate,] legislature,
appointed by the governor from pools of qualified candidates presented to the
governor by the candidate advisory council for the board of regents of the
University of Hawaii, as provided by law. At least part of the membership of
the board shall represent geographic subdivisions of the State. The board
shall have the power to formulate policy, and to exercise control over the
university through its executive officer, the president of the university, who
shall be appointed by the board. The board shall also have exclusive
jurisdiction over the internal structure, management, and operation of the
university. This section shall not limit the power of the legislature to enact
laws of statewide concern. The legislature shall have the exclusive
jurisdiction to identify laws of statewide concern."
SECTION 17. Article XI, section 8, of the Constitution of the State of Hawaii is amended to read as follows:
"NUCLEAR ENERGY
Section 8. No nuclear fission power
plant shall be constructed or radioactive material disposed of in the State
without the prior approval by a two-thirds vote [in each house] of the
legislature."
SECTION 18. Article XVI, section 4, of the Constitution of the State of Hawaii is amended to read as follows:
"OATH OF OFFICE
Section 4. All eligible public
officers, before entering upon the duties of their respective offices, shall
take and subscribe to the following oath or affirmation: "I do solemnly
swear (or affirm) that I will support and defend the Constitution of the United
States, and the Constitution of the State of Hawaii, and that I will faithfully
discharge my duties as ........................ to the best of my
ability." As used in this section, "eligible public officers"
means the governor, the lieutenant governor, the members of [both houses of]
the legislature, the members of the board of education, the members of the
national guard, State or county employees who possess police powers, district
court judges, and all those whose appointment requires the consent of the [senate.]
legislature."
SECTION 19. Article XVII, section 3, of the Constitution of the State of Hawaii is amended to read as follows:
"AMENDMENTS PROPOSED BY LEGISLATURE
Section 3. The legislature may propose
amendments to the constitution by adopting the same, in the manner required for
legislation, by a two-thirds vote [of each house] on final reading at
any session, after [either or both houses] the legislature shall
have given the governor at least ten days' written notice of the final form of
the proposed amendment, or, with or without such notice, by a majority vote [of
each house] on final reading at each of two successive sessions.
Upon such adoption, the proposed amendments
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] legislative district wherein
such a newspaper is published, within the two months' period immediately
preceding the next general election.
At such general election the proposed amendments shall be submitted to the electorate for approval or rejection upon a separate ballot.
The conditions of and requirements for ratification of such proposed amendments shall be the same as provided in section 2 of this article for ratification at a general election."
SECTION 20. Article IV, section 5, of the Constitution of the State of Hawaii is repealed.
["MINIMUM
REPRESENTATION FOR BASIC ISLAND UNITS
Section 5. The representation
of any basic island unit initially allocated less than a minimum of two
senators and three representatives shall be augmented by allocating thereto the
number of senators or representatives necessary to attain such minimums which
number, notwithstanding the provisions of Sections 2 and 3 of Article III shall
be added to the membership of the appropriate body until the next
reapportionment. The senators or representatives of any basic island unit so
augmented shall exercise a fractional vote wherein the numerator is the number
initially allocated and the denominator is the minimum above specified.
"]
SECTION 21. The question to be printed on the ballot shall be as follows:
"Shall:
(1) The legislature be changed from a bicameral legislature with a house of representatives and a senate to a unicameral legislature with only one chamber, to be known as the legislature, commencing after the general election in November 2016;
(2) The total number of legislators be changed from seventy-six to fifty-one legislators representing fifty-one single-member districts, who shall serve staggered terms of four years each; and
(3) The composition of the reapportionment commission be changed to provide that four members each shall be appointed by the speaker and minority leader of the legislature, with appointees choosing the ninth member; and change the composition of the judicial selection commission to require four members to be appointed by the speaker of the legislature, with the governor to appoint two members, the chief justice to appoint one member, and the members of the bar to elect two members?"
SECTION 22. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.
SECTION 23. 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:
Unicameral Legislature
Description:
Proposes constitutional amendments to create a unicameral legislature consisting of fifty-one members serving four year terms; to commence after the general election in November 2016. Provides that the speaker of the legislature and the minority leader shall each appoint four members to the reapportionment commission. Provides that the speaker of the legislature shall appoint four members to the judicial selection commission.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.