REPORT TITLE: 
Initiative, referendum, and
recall
DESCRIPTION:
Amends articles II, III, and XVII of the state constitution to
provide for initiative, referendum, and recall.  Requires an
initiative to embrace only one subject and be void if the
legislature enacts any law which is same or similar
(accomplishing the same purpose), if so determined by the
attorney general.  Prohibits initiative to be used to:  (a) make,
or repeal appropriation of public funds; (b) make, amend, or
repeal levy of taxes; and (c) for issues affecting land use.
Provides for referendum to approve or reject statutes except for
the amending or repeal of (a) appropriation of public funds; (b)
levy of taxes; and (c) any matter governed by collective
bargaining contracts.  Sets requirements and procedures for voter
referendum.  Establishes the procedures to be followed to require
a recall election.

 
HB HMIA 99-306
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.1294       
TWENTIETH LEGISLATURE, 1999                                
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, REFERENDUM, AND RECALL.



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


 1      SECTION 1.  The purpose of this Act is to propose amendments
 
 2 to article II, article III, and article XVII of the Constitution
 
 3 of the State of Hawaii to provide for initiative, referendum, and
 
 4 recall.  The legislature finds that no method exists for
 
 5 initiative, referendum, or the recall of state elected officials
 
 6 in Hawaii.  The purpose of this Act is to propose constitutional
 
 7 amendments to provide for all three.
 
 8      SECTION 2.  Article II of the Constitution of the State of
 
 9 Hawaii is amended by adding three new sections to be
 
10 appropriately designated and to read:
 
11                            "INITIATIVE
 
12      Section A.  The initiative power is reserved to the people.
 
13 An initiative measure shall be submitted to the people by
 
14 presenting to the chief election officer a petition containing
 
15 the signatures of registered voters equalling not less than     
 
16 percent in the case of a law, and not less than      percent in
 
17 the case of an amendment to the Constitution, of all votes
 
18 counted for all candidates for governor at the preceding general
 

 
HB HMIA 99-306
Page 2                                                     
                                     H.B. NO.1294       
                                                        
                                                        

 
 1 election preceding the filing of the petition.  The initiative
 
 2 petition shall be filed with the chief election officer not later
 
 3 than ninety days prior to the general election at which the
 
 4 initiative is to be submitted directly to the people.  All
 
 5 initiative measures shall have printed above the title the
 
 6 following:
 
 7                     "INITIATIVE MEASURE TO BE
 
 8                 SUBMITTED DIRECTLY TO THE PEOPLE"
 
 9      Each initiative measure shall embrace but one subject, which
 
10 shall be expressed in its title.  The enacting clause shall be:
 
11                   "BE IT ENACTED BY THE PEOPLE
 
12                      OF THE STATE OF HAWAII"
 
13      The initiative measure shall be enacted into law when
 
14 approved by a majority of votes counted for the measure.  If two
 
15 or more conflicting initiative measures shall be approved by the
 
16 people at the same election, the measure receiving the highest
 
17 number of votes shall prevail.
 
18      No initiative measure that names any individual to hold any
 
19 office, or names or identifies any private corporation to perform
 
20 any function or to have any power or duty, shall be submitted or
 
21 have any effect.  No initiative measure shall be submitted which
 
22 pertains to land use issues.
 
23      An initiative measure proposing to prohibit a specific
 

 
HB HMIA 99-306
Page 3                                                     
                                     H.B. NO.1294       
                                                        
                                                        

 
 1 activity or to terminate an existing right or privilege shall be
 
 2 submitted to the people in such form that they may vote in the
 
 3 affirmative if they favor the right to engage in the activity or
 
 4 continuance of the right or privilege.
 
 5      No initiative measure shall be filed with the chief election
 
 6 officer which may be either similar or contrary in either form or
 
 7 essential substance to a bill already introduced into the
 
 8 legislature.  If after the adjournment of the legislature sine
 
 9 die, such bill has not become law, or does not carry over, an
 
10 initiative measure of either similar or contrary form may be
 
11 filed with the chief election officer for submission to the
 
12 people.
 
13      If after an initiative request is made with the attorney
 
14 general, any bill introduced into the legislature which may be
 
15 contrary as determined by the attorney general in either form or
 
16 essential substance to the initiative request is enacted into
 
17 law, that law and that initiative measure shall be submitted to
 
18 the people in order that they may choose between them, except as
 
19 provided in the last sentence of this paragraph.  That contrary
 
20 law shall remain in effect pending the general election ballot.
 
21 The measure receiving the highest number of votes shall prevail.
 
22 If the initiative measure is approved, such contrary law shall be
 
23 void.  If any law is enacted which is the same or similar to and
 

 
HB HMIA 99-306
Page 4                                                     
                                     H.B. NO.1294       
                                                        
                                                        

 
 1 accomplishes the same purpose as an initiative measure as
 
 2 determined by the attorney general, the chief election officer
 
 3 shall by a public announcement, declare the initiative measure
 
 4 void and order it stricken from the ballot.
 
 5      A defeated initiative measure shall not be resubmitted to
 
 6 the people by the initiative petition in either the same form or
 
 7 essential substance, as determined by the attorney general,
 
 8 either affirmatively or negatively for a period of      years.
 
 9      Prior to the circulation of any initiative petition for
 
10 signatures, a copy shall be submitted to the attorney general who
 
11 shall prepare a title and summary of the chief purpose and aim of
 
12 the proposed measure.  The title and summary shall not exceed
 
13            words.
 
14      All initiative petitions shall be submitted to the chief
 
15 election officer for certification.  Each sheet containing
 
16 petitioners' signatures shall be attached to the title, summary
 
17 and text of the initiative petition.  No laws shall be enacted
 
18 limiting the number of copies of a petition which may be
 
19 circulated.  Any registered voter of this State shall be
 
20 competent to solicit signatures.  The petition shall be signed by
 
21 registered voters.  All signers shall add their address as shown
 
22 on their voter registration form and the date upon which they
 
23 sign the petition.  Every sheet of the petition containing
 

 
HB HMIA 99-306
Page 5                                                     
                                     H.B. NO.1294       
                                                        
                                                        

 
 1 signatures shall be verified by affidavit of the petition
 
 2 circulator that each name on the sheet was signed in the presence
 
 3 of the affiant and that in the belief of the affiant each signer
 
 4 is a registered voter of the State.  The chief election officer
 
 5 shall certify that the signers are registered voters of this
 
 6 State.
 
 7      The chief election officer shall not release any petition
 
 8 for inspection by the public or any governmental agency, except
 
 9 where the supreme court orders inspection of such petition when a
 
10 question has been raised regarding the sufficiency of a petition.
 
11 If any petition under this section has been determined to be
 
12 insufficient, the petition shall be returned to the circulators
 
13 within thirty days of its filing with the notations of specific
 
14 insufficiencies.
 
15      Any measure under this section shall be presented to the
 
16 people in such a form that a "yes" vote, on a yes or no ballot,
 
17 shall indicate an affirmative vote for the measure as the measure
 
18 is written.
 
19      The initiative measure shall be effective, if approved, one
 
20 day after the election results are announced unless otherwise
 
21 provided for in the measure.
 
22      The veto power of the governor shall not extend to
 
23 initiative measures approved by the people.  No measure enacted
 

 
HB HMIA 99-306
Page 6                                                     
                                     H.B. NO.1294       
                                                        
                                                        

 
 1 by the people shall be repealed or amended by the legislature
 
 2 unless otherwise provided in the measure; provided that the
 
 3 people may amend an initiative at any time.
 
 4      The petitioners shall bear all cost of the preparation and
 
 5 circulation of the petition, except for the services performed by
 
 6 the attorney general under this section.  After the petition has
 
 7 been filed with the chief election officer, all further costs
 
 8 shall be part of the usual expenditures of the State.
 
 9                            REFERENDUM
 
10      Section B.  The referendum is the power of the people to
 
11 approve or reject statutes or parts of statutes, by ballot.  The
 
12 referendum shall not be used to make or repeal any appropriation
 
13 of public funds, or to make, amend or repeal the levy of taxes,
 
14 nor shall the referendum extend to any matter governed by
 
15 collective bargaining contracts.
 
16      A voter referendum may be proposed by presenting to the
 
17 chief election officer within ninety days after the enactment
 
18 date of a statute, a petition asking that the statute or part of
 
19 it be submitted for a referendum.
 
20      A referendum measure shall be certified for placement on the
 
21 ballot by the chief election officer upon the submission of a
 
22 petition signed by registered voters of the State equal in number
 
23 to at least ten percent of the total number of voters who voted
 

 
HB HMIA 99-306
Page 7                                                     
                                     H.B. NO.1294       
                                                        
                                                        

 
 1 for the office of the governor in the last preceding general
 
 2 election for that office.  That ten percent shall include at
 
 3 least ten percent of the total number of such voters in each of
 
 4 at least two counties of the State.
 
 5      The referendum measure shall be phrased to require a "yes"
 
 6 or "no" response by the voter.  The chief election officer shall
 
 7 submit the referendum measure at the next general election held
 
 8 at least thirty-one days after it is certified or at a special
 
 9 statewide election held prior to that general election.  A
 
10 referendum that is approved by a majority of voters shall take
 
11 effect the day after the election unless the measure provides
 
12 otherwise.  If a referendum is filed against a part of a statute,
 
13 the remainder shall not be delayed from becoming effective.
 
14                              RECALL
 
15      Section C.  Every elected public officer of the State may be
 
16 removed from office by the electors entitled to vote for a
 
17 successor of the incumbent, through the procedure and in the
 
18 manner set forth in this section.  This procedure shall be known
 
19 as the recall and is in addition to any other method of removal
 
20 provided by law.  This section is self-executing, but the
 
21 legislature may enact legislation to facilitate its operation;
 
22 provided that the legislation may not restrict or limit the
 
23 provisions of this section or the powers reserved in this
 

 
HB HMIA 99-306
Page 8                                                     
                                     H.B. NO.1294       
                                                        
                                                        

 
 1 section.
 
 2      A recall measure shall be submitted to the people for a
 
 3 recall vote with the signatures of registered voters of not less
 
 4 than twenty percent of all votes cast for all candidates for the
 
 5 office subject to recall at the general election preceding the
 
 6 filing of the recall petition.  In districts in which the people
 
 7 cast their votes for multiple representation in a particular
 
 8 office in that district, the total votes cast for all candidates
 
 9 for that office in the last general election shall be divided by
 
10 the number of persons in that particular office to obtain the
 
11 number of signatures needed.  Only those registered voters who
 
12 are entitled to cast votes for the officer named on the recall
 
13 petition shall be qualified to sign the recall petition and to
 
14 vote in the recall election.  The recall petition shall state the
 
15 reason for the recall vote.  Unresponsiveness to the needs of the
 
16 officer's constituents shall be adequate reason for the recall of
 
17 any elected state officer.
 
18      No recall petition shall be filed against any elected state
 
19 officer unless the officer has served more than six months of the
 
20 officer's term of office.  No recall petition shall be filed
 
21 within one year of a primary election in which an elected officer
 
22 is required to seek nomination for reelection.  If a recall
 
23 petition is against an elected state officer whose term of office
 

 
HB HMIA 99-306
Page 9                                                     
                                     H.B. NO.1294       
                                                        
                                                        

 
 1 expires at a general election after a forthcoming primary
 
 2 election and the petition is filed no more than          days and
 
 3 not less than          days prior to the primary election, the
 
 4 chief election officer shall cause the recall measure to be
 
 5 submitted to the people at that general election.  All other
 
 6 recall measures shall cause a recall special election to be
 
 7 proclaimed by the chief election officer between           and
 
 8           days after the petition has been determined to be
 
 9 sufficient.
 
10      The governor shall appoint another officer to fulfill the
 
11 duties of the chief election officer when a recall petition
 
12 against the lieutenant governor has been requested and a title
 
13 and summary have been prepared by the attorney general.
 
14      A recall shall be approved by the majority of the votes cast
 
15 indicating "yes" or "no" thereon but not including blank ballots.
 
16 Any vacancy that may be created shall be filled as prescribed by
 
17 law.
 
18      If a recall vote fails to recall the affected officer, the
 
19 affected officer shall not be subject to another recall vote for
 
20 the remainder of the term of office to which the officer was
 
21 elected to serve.
 
22      Prior to the circulation of any recall petition for
 
23 signature, a copy shall be submitted to the attorney general who
 

 
HB HMIA 99-306
Page 10                                                    
                                     H.B. NO.1294       
                                                        
                                                        

 
 1 shall prepare a title and summary of the chief purpose and aim of
 
 2 the proposed measure within seven business days.  The title and
 
 3 summary shall not exceed          words.
 
 4      All recall petitions shall be submitted for certification to
 
 5 the chief election officer or to the chief election officer's
 
 6 substitute when the lieutenant governor is the subject of the
 
 7 recall.  Every sheet of the petition containing signatures shall
 
 8 be attached to the title, summary and text of the recall
 
 9 petition.  No laws shall be enacted limiting the number of copies
 
10 of a petition which may be circulated.  Any registered voter of
 
11 this State shall be competent to solicit signatures.  No person
 
12 circulating a petition shall be eligible to receive any
 
13 compensation for services as a petition circulator.  All signers
 
14 shall add their address as shown on their voter registration
 
15 form, their social security number and the date upon which they
 
16 signed the petition.  When fewer than five thousand signatures
 
17 are required on a petition, the petition circulators shall have
 
18 sixty days in which to obtain the required number of signatures
 
19 of qualified voters; when between five thousand and ten thousand
 
20 signatures are required, the petition circulators shall have
 
21 ninety days; when between ten thousand and fifty thousand
 
22 signatures are required, the petition circulators shall have one
 
23 hundred twenty days; when between fifty thousand and one hundred
 

 
HB HMIA 99-306
Page 11                                                    
                                     H.B. NO.1294       
                                                        
                                                        

 
 1 thousand signatures are required, the petition circulators shall
 
 2 have one hundred sixty days; and when more than one hundred
 
 3 thousand signatures are required, the petition circulators shall
 
 4 have one hundred eighty days.
 
 5      Every sheet of the petition containing signatures shall be
 
 6 verified by affidavit of the petition circulator that each name
 
 7 on the sheet was signed in the presence of the affiant and that
 
 8 in the belief of the affiant each signer is a registered voter of
 
 9 the State, and of the affected district in the case of a recall
 
10 petition so limited.  The chief election officer shall certify
 
11 that the signers are registered voters of this State, and of the
 
12 affected district in the case of a recall petition so limited.
 
13      The chief election officer shall not release a petition for
 
14 inspection by the public or any governmental agency, except where
 
15 the supreme court orders inspection of the petition, when a
 
16 question has been raised regarding the sufficiency of the
 
17 petition.  If any petition under this section has been determined
 
18 to be insufficient, the petition shall be returned to the
 
19 circulators within sixty days of its filing with a statement of
 
20 the specific insufficiencies.  Petition circulators shall have
 
21 additional time in which to correct the specific insufficiencies
 
22 of a petition, in accordance with the provisions of this section
 
23 governing the amount of time allowed to obtain petitioners'
 
24 signatures.
 

 
HB HMIA 99-306
Page 12                                                    
                                     H.B. NO.1294       
                                                        
                                                        

 
 1      Any measure under this section shall be presented to the
 
 2 people in such a form that a "yes" vote, on a yes or no ballot,
 
 3 shall indicate an affirmative vote for the measure as the measure
 
 4 is written.
 
 5      The recall measure shall be effective, if approved, one day
 
 6 after the election results are announced unless otherwise
 
 7 provided for in the measure.
 
 8      The petitioners shall bear all costs of the preparation and
 
 9 circulation of the petition, except for the services performed by
 
10 the attorney general under this section.  After the petition has
 
11 been filed with the chief election officer, all further costs
 
12 shall be part of the usual expenditures of the State."
 
13      SECTION 3.  Article III, section 1, of the Constitution of
 
14 the State of Hawaii is amended to read as follows:
 
15                        "LEGISLATIVE POWER
 
16      Section 1.  [The] Except as provided in Article II, section
 
17 A, the legislative power of the State shall be vested in a
 
18 legislature, which shall consist of two houses, a senate and a
 
19 house of representatives[.  Such power], but the people reserve
 
20 to themselves the powers of initiative and referendum as set
 
21 forth in Article II, Sections     and    .  The legislative
 
22 power, and initiative and referendum powers shall extend to all
 
23 rightful subjects of legislation not inconsistent with this
 

 
HB HMIA 99-306
Page 13                                                    
                                     H.B. NO.1294       
                                                        
                                                        

 
 1 constitution or the Constitution of the United States."
 
 2      SECTION 4.  Article III, section 14, of the Constitution of
 
 3 the State of Hawaii is amended to read as follows:
 
 4                         "BILLS; ENACTMENT
 
 5      Section 14.  No law shall be passed by the legislature
 
 6 except by bill.  Each law shall embrace but one subject, which
 
 7 shall be expressed in its title.  The enacting clause of each law
 
 8 shall be, "Be it enacted by the legislature of the State of
 
 9 Hawaii."
 
10      SECTION 5.  Article III, section 15, of the Constitution of
 
11 the State of Hawaii is amended to read as follows:
 
12                         "PASSAGE OF BILLS
 
13      Section 15.  No bill shall become law unless it shall pass
 
14 three readings in each house on separate days[.], except that no
 
15 bill consisting of an initiative measure, as provided for in
 
16 Article II, Section A, and having passed three readings in each
 
17 house on separate days, shall become law until the provisions set
 
18 forth in Article II, Section A, have been carried out.  No bill
 
19 shall pass third or final reading in either house unless printed
 
20 copies of the bill in the form to be passed shall have been made
 
21 available to the members of that house for at least forty-eight
 
22 hours.
 
23      Every bill when passed by the house in which it originated,
 

 
HB HMIA 99-306
Page 14                                                    
                                     H.B. NO.1294       
                                                        
                                                        

 
 1 or in which amendments thereto shall have originated, shall
 
 2 immediately be certified by the presiding officer and clerk and
 
 3 sent to the other house for consideration.
 
 4      Any bill pending at the final adjournment of a regular
 
 5 session in an odd-numbered year shall carry over with the same
 
 6 status to the next regular session.  Before the carried-over bill
 
 7 is enacted, it shall pass at least one reading in the house in
 
 8 which the bill originated."
 
 9      SECTION 6.  Article III, section 16, of the Constitution of
 
10 the State of Hawaii is amended to read as follows:
 
11                         "APPROVAL OR VETO
 
12      Section 16.  [Every] Except as provided herein, every bill
 
13 which shall have passed the legislature shall be certified by the
 
14 presiding officers and clerks of both houses and shall thereupon
 
15 be presented to the governor.  If the governor approves it, the
 
16 governor shall sign it and it shall become law.  If the governor
 
17 does not approve such bill, the governor may return it, with the
 
18 governor's objections to the legislature.  Except for items
 
19 appropriated to be expended by the judicial and legislative
 
20 branches, the governor may veto any specific item or items in any
 
21 bill which appropriates money for specific purposes by striking
 
22 out or reducing the same; but the governor shall veto other
 
23 bills, if at all, only as a whole.
 

 
HB HMIA 99-306
Page 15                                                    
                                     H.B. NO.1294       
                                                        
                                                        

 
 1      The governor shall have ten days to consider bills presented
 
 2 to the governor ten or more days before the adjournment of the
 
 3 legislature sine die, and if any such bill is neither signed nor
 
 4 returned by the governor within that time, it shall become law in
 
 5 like manner as if the governor had signed it.
 
 6      Every bill consisting of an initiative measure or so
 
 7 identified as provided for in Article II, Section A, which shall
 
 8 have passed the legislature shall be certified by the residing
 
 9 officers and clerks of both houses, shall be subject to Article
 
10 II, Section A, for approval or rejection, and shall not be
 
11 presented to the governor for approval or veto as provided for in
 
12 Article II, Section A.
 
13                 RECONSIDERATION AFTER ADJOURNMENT
 
14      The governor shall have forty-five days, after the
 
15 adjournment of the legislature sine die, to consider bills
 
16 presented to the governor less than ten days before such
 
17 adjournment, or presented after adjournment, and any such bill
 
18 shall become law on the forty-fifth day unless the governor by
 
19 proclamation shall have given ten days' notice to the legislature
 
20 that the governor plans to return such bill with the governor's
 
21 objections on that day.  The legislature may convene at or before
 
22 noon on the forty-fifth day in special session, without call, for
 
23 the sole purpose of acting upon any such bill returned by the
 

 
HB HMIA 99-306
Page 16                                                    
                                     H.B. NO.1294       
                                                        
                                                        

 
 1 governor.  In case the legislature shall fail to so convene, such
 
 2 bill shall not become law.  Any such bill may be amended to meet
 
 3 the governor's objections and, if so amended and passed, only one
 
 4 reading being required in each house for such passage, it shall
 
 5 be presented again to the governor, but shall become law only if
 
 6 the governor shall sign it within ten days after presentation.
 
 7      In computing the number of days designated in this section,
 
 8 the following days shall be excluded:  Saturdays, Sundays,
 
 9 holidays and any days in which the legislature is in recess prior
 
10 to its adjournment as provided in section 10 of this article."
 
11      SECTION 7.  Article XVII, section 1, of the Constitution of
 
12 the State of Hawaii is amended to read as follows:
 
13                       "METHODS OF PROPOSAL
 
14      Section 1.  Revisions of or amendments to this constitution
 
15 may be proposed by constitutional convention or by the
 
16 legislature[.] or by the people under Article II, Section A
 
17 through the initiative process."
 
18      SECTION 8.  Article XVII, section 4, of the Constitution of
 
19 the State of Hawaii is amended to read as follows:
 
20                               "VETO
 
21      Section 4.  No proposal for amendment of the constitution
 
22 adopted in either manner provided by this article or by Article
 
23 II, Section A or B on initiative or refendum, shall be subject to
 

 
HB HMIA 99-306
Page 17                                                    
                                     H.B. NO.1294       
                                                        
                                                        

 
 1 veto by the governor."
 
 2      SECTION 9.  Article XVII, section 5, of the Constitution of
 
 3 the State of Hawaii is amended to read as follows:
 
 4               "CONFLICTING REVISIONS OR AMENDMENTS
 
 5      Section 5.  If a revision or amendment proposed by a
 
 6 constitutional convention is in conflict with a revision or
 
 7 amendment proposed by the legislature and both are submitted to
 
 8 the electorate at the same election and both are approved, then
 
 9 the revision or amendment proposed by the convention shall
 
10 prevail.  If a revision or amendment proposed by the legislature
 
11 is in conflict with the revision or amendment proposed by the
 
12 people under Article II, Section A, by initiative, and both are
 
13 approved, then the revision or amendment receiving the highest
 
14 number of votes shall prevail.  If conflicting revisions or
 
15 amendments are proposed by the same body, or by the people under
 
16 Article II, Section A on initiative, and are submitted to the
 
17 electorate at the same election and both are approved, then the
 
18 revision or amendment receiving the highest number of votes shall
 
19 prevail."
 
20      SECTION 10.  The question to be printed on the ballot shall
 
21 be as follows:
 
22      "Shall the State Constitution be amended to provide for
 
23 initiative, referendum, and recall?"
 

 
HB HMIA 99-306
Page 18                                                    
                                     H.B. NO.1294       
                                                        
                                                        

 
 1      SECTION 11.  In codifying the new sections added to Article
 
 2 II of the Constitution of the State of Hawaii, by section 2 of
 
 3 this Act, the revisor of statutes shall substitute appropriate
 
 4 section numbers for the letters used in the new sections'
 
 5 designations in this Act.
 
 6      SECTION 12.  Constitutional material to be repealed is
 
 7 bracketed.  New constitutional material is underscored.
 
 8      SECTION 13.  These amendments shall take effect upon
 
 9 compliance with article XVII, section 3, of the Constitution of
 
10 the State of Hawaii.
 
11 
 
12 
 
13                         INTRODUCED BY:___________________________
 

 
HB HMIA 99-306