REPORT TITLE: 
Initiative
DESCRIPTION:
Amends articles II, III, and XVII of the state constitution to
provide for initiative.  Requires an initiative to embrace only
one subject and be void if the legislature enacts any law which
is the same or similar (accomplishing the same purpose), if so
determined by the attorney general.  

 
HB HMIA 99-363
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.1648       
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.



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.  The
 
 4 legislature finds that while the counties enjoy a limited form of
 
 5 intiative, there is currently no provision for initiative on a
 
 6 statewide basis.  The purpose of this Act is to propose a
 
 7 constitutional amendment to provide for initiative.
 
 8      SECTION 2.  Article II of the Constitution of the State of
 
 9 Hawaii is amended by adding a new section to be appropriately
 
10 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 99-363
Page 2                                                     
                                     H.B. NO.1648       
                                                        
                                                        

 
 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.
 
22      An initiative measure proposing to prohibit a specific
 
23 activity or to terminate an existing right or privilege shall be
 

 
HB HMIA 99-363
Page 3                                                     
                                     H.B. NO.1648       
                                                        
                                                        

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

 
HB HMIA 99-363
Page 4                                                     
                                     H.B. NO.1648       
                                                        
                                                        

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

 
HB HMIA 99-363
Page 5                                                     
                                     H.B. NO.1648       
                                                        
                                                        

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

 
HB HMIA 99-363
Page 6                                                     
                                     H.B. NO.1648       
                                                        
                                                        

 
 1 unless otherwise provided in the measure; provided that the
 
 2 people may amend an initiative at any time.
 
 3      The petitioners shall bear all cost of the preparation and
 
 4 circulation of the petition, except for the services performed by
 
 5 the attorney general under this section.  After the petition has
 
 6 been filed with the chief election officer, all further costs
 
 7 shall be part of the usual expenditures of the State."
 
 8      SECTION 3.  Article III, section 1, of the Constitution of
 
 9 the State of Hawaii is amended to read as follows:
 
10                        "LEGISLATIVE POWER
 
11      Section 1.  [The] Except as provided in Article II, section
 
12 A, the legislative power of the State shall be vested in a
 
13 legislature, which shall consist of two houses, a senate and a
 
14 house of representatives[.  Such power], but the people reserve
 
15 to themselves the powers of initiative as set forth in Article
 
16 II, Section A.  The legislative power and initiative power shall
 
17 extend to all rightful subjects of legislation not inconsistent
 
18 with this constitution or the Constitution of the United States."
 
19      SECTION 4.  Article III, section 14, of the Constitution of
 
20 the State of Hawaii is amended to read as follows:
 
21                         "BILLS; ENACTMENT
 
22      Section 14.  No law shall be passed by the legislature
 
23 except by bill.  Each law shall embrace but one subject, which
 

 
HB HMIA 99-363
Page 7                                                     
                                     H.B. NO.1648       
                                                        
                                                        

 
 1 shall be expressed in its title.  The enacting clause of each law
 
 2 shall be, "Be it enacted by the legislature of the State of
 
 3 Hawaii."
 
 4      SECTION 5.  Article III, section 15, of the Constitution of
 
 5 the State of Hawaii is amended to read as follows:
 
 6                         "PASSAGE OF BILLS
 
 7      Section 15.  No bill shall become law unless it shall pass
 
 8 three readings in each house on separate days[.], except that no
 
 9 bill consisting of an initiative measure, as provided for in
 
10 Article II, Section A, and having passed three readings in each
 
11 house on separate days, shall become law until the provisions set
 
12 forth in Article II, Section A, have been carried out.  No bill
 
13 shall pass third or final reading in either house unless printed
 
14 copies of the bill in the form to be passed shall have been made
 
15 available to the members of that house for at least forty-eight
 
16 hours.
 
17      Every bill when passed by the house in which it originated,
 
18 or in which amendments thereto shall have originated, shall
 
19 immediately be certified by the presiding officer and clerk and
 
20 sent to the other house for consideration.
 
21      Any bill pending at the final adjournment of a regular
 
22 session in an odd-numbered year shall carry over with the same
 
23 status to the next regular session.  Before the carried-over bill
 

 
HB HMIA 99-363
Page 8                                                     
                                     H.B. NO.1648       
                                                        
                                                        

 
 1 is enacted, it shall pass at least one reading in the house in
 
 2 which the bill originated."
 
 3      SECTION 6.  Article III, section 16, of the Constitution of
 
 4 the State of Hawaii is amended to read as follows:
 
 5                         "APPROVAL OR VETO
 
 6      Section 16.  [Every] Except as provided herein, every bill
 
 7 which shall have passed the legislature shall be certified by the
 
 8 presiding officers and clerks of both houses and shall thereupon
 
 9 be presented to the governor.  If the governor approves it, the
 
10 governor shall sign it and it shall become law.  If the governor
 
11 does not approve such bill, the governor may return it, with the
 
12 governor's objections to the legislature.  Except for items
 
13 appropriated to be expended by the judicial and legislative
 
14 branches, the governor may veto any specific item or items in any
 
15 bill which appropriates money for specific purposes by striking
 
16 out or reducing the same; but the governor shall veto other
 
17 bills, if at all, only as a whole.
 
18      The governor shall have ten days to consider bills presented
 
19 to the governor ten or more days before the adjournment of the
 
20 legislature sine die, and if any such bill is neither signed nor
 
21 returned by the governor within that time, it shall become law in
 
22 like manner as if the governor had signed it.
 
23      Every bill consisting of an initiative measure or so
 

 
HB HMIA 99-363
Page 9                                                     
                                     H.B. NO.1648       
                                                        
                                                        

 
 1 identified as provided for in Article II, Section A, which shall
 
 2 have passed the legislature shall be certified by the presiding
 
 3 officers and clerks of both houses, shall be subject to Article
 
 4 II, Section A, for approval or rejection, and shall not be
 
 5 presented to the governor for approval or veto as provided for in
 
 6 Article II, Section A.
 
 7                 RECONSIDERATION AFTER ADJOURNMENT
 
 8      The governor shall have forty-five days, after the
 
 9 adjournment of the legislature sine die, to consider bills
 
10 presented to the governor less than ten days before such
 
11 adjournment, or presented after adjournment, and any such bill
 
12 shall become law on the forty-fifth day unless the governor by
 
13 proclamation shall have given ten days' notice to the legislature
 
14 that the governor plans to return such bill with the governor's
 
15 objections on that day.  The legislature may convene at or before
 
16 noon on the forty-fifth day in special session, without call, for
 
17 the sole purpose of acting upon any such bill returned by the
 
18 governor.  In case the legislature shall fail to so convene, such
 
19 bill shall not become law.  Any such bill may be amended to meet
 
20 the governor's objections and, if so amended and passed, only one
 
21 reading being required in each house for such passage, it shall
 
22 be presented again to the governor, but shall become law only if
 
23 the governor shall sign it within ten days after presentation.
 

 
HB HMIA 99-363
Page 10                                                    
                                     H.B. NO.1648       
                                                        
                                                        

 
 1      In computing the number of days designated in this section,
 
 2 the following days shall be excluded:  Saturdays, Sundays,
 
 3 holidays and any days in which the legislature is in recess prior
 
 4 to its adjournment as provided in section 10 of this article."
 
 5      SECTION 7.  Article XVII, section 1, of the Constitution of
 
 6 the State of Hawaii is amended to read as follows:
 
 7                       "METHODS OF PROPOSAL
 
 8      Section 1.  Revisions of or amendments to this constitution
 
 9 may be proposed by constitutional convention or by the
 
10 legislature[.] or by the people under Article II, Section A
 
11 through the initiative process."
 
12      SECTION 8.  Article XVII, section 4, of the Constitution of
 
13 the State of Hawaii is amended to read as follows:
 
14                               "VETO
 
15      Section 4.  No proposal for amendment of the constitution
 
16 adopted in either manner provided by this article or by Article
 
17 II, Section A on initiative, shall be subject to veto by the
 
18 governor."
 
19      SECTION 9.  Article XVII, section 5, of the Constitution of
 
20 the State of Hawaii is amended to read as follows:
 
21               "CONFLICTING REVISIONS OR AMENDMENTS
 
22      Section 5.  If a revision or amendment proposed by a
 
23 constitutional convention is in conflict with a revision or
 

 
HB HMIA 99-363
Page 11                                                    
                                     H.B. NO.1648       
                                                        
                                                        

 
 1 amendment proposed by the legislature and both are submitted to
 
 2 the electorate at the same election and both are approved, then
 
 3 the revision or amendment proposed by the convention shall
 
 4 prevail.  If a revision or amendment proposed by the legislature
 
 5 is in conflict with the revision or amendment proposed by the
 
 6 people under Article II, Section A, by initiative, and both are
 
 7 approved, then the revision or amendment receiving the highest
 
 8 number of votes shall prevail.  If conflicting revisions or
 
 9 amendments are proposed by the same body, or by the people under
 
10 Article II, Section A on initiative, and are submitted to the
 
11 electorate at the same election and both are approved, then the
 
12 revision or amendment receiving the highest number of votes shall
 
13 prevail."
 
14      SECTION 10.  The question to be printed on the ballot shall
 
15 be as follows:
 
16      "Shall the State Constitution be amended to provide for
 
17 initiative?"
 
18      SECTION 11.  In codifying the new sections added to Article
 
19 II of the Constitution of the State of Hawaii, by section 2 of
 
20 this Act, the revisor of statutes shall substitute appropriate
 
21 section numbers for the letters used in the new sections'
 
22 designations in this Act.
 
23      SECTION 12.  Constitutional material to be repealed is
 
24 bracketed.  New constitutional material is underscored.
 

 
HB HMIA 99-363
Page 12                                                    
                                     H.B. NO.1648       
                                                        
                                                        

 
 1      SECTION 13.  These amendments shall take effect upon
 
 2 compliance with article XVII, section 3, of the Constitution of
 
 3 the State of Hawaii.
 
 4 
 
 5 
 
 6                         INTRODUCED BY:___________________________
 

 
HB HMIA 99-363