REPORT TITLE:
Const. Revision Commission


DESCRIPTION:
Establishes a constitutional revision commission within the
office of the lieutenant governor to examine the state
constitution and develop prospective changes for public
ratification.  Establishes a procedure for the appointment of
members.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2229
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO A CONSTITUTIONAL REVISION COMMISSION.



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

 1      SECTION 1.  The legislature finds that Hawaii's constitution
 
 2 was ratified by the people of the State with the understanding
 
 3 that society is dynamic and ever changing and that knowledge is
 
 4 constantly being created.  Since its ratification, Hawaii's
 
 5 constitution has been reexamined during two successive
 
 6 constitutional conventions held in 1968 and 1978.  The
 
 7 constitutional changes recommended by the delegates to these
 
 8 conventions were placed before the electorate for possible
 
 9 ratification during statewide elections conducted subsequent to
 
10 the adjournment of each convention.
 
11      The legislature believes that the constitution needs to be
 
12 reviewed for possible amendments.  However, because the State is
 
13 currently in the midst of a serious budgetary shortfall, the
 
14 expense of financing a formal constitutional convention at this
 
15 juncture represents an obvious drawback.  In light of the State's
 
16 current fiscal situation, the legislature believes that instead
 
17 of a constitutional convention, a constitutional revision
 
18 commission should be established consisting of members appointed
 
19 to conduct a comprehensive review of the state constitution.
 

 
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 1      The commission, consisting of legal scholars, constitutional
 
 2 experts, and members of the public would undertake the tasks and
 
 3 hold public hearings not unlike that of a formal convention.  The
 
 4 constitutional amendments proposed by the commission would then
 
 5 be reviewed by the legislature, and if passed by the legislature,
 
 6 placed before the electorate for possible ratification.
 
 7      SECTION 2.  Hawaii state constitutional revision commission;
 
 8 establishment; appointment of members.  (a)  There is
 
 9 established, within the office of the lieutenant governor for
 
10 administrative purposes, a temporary commission known as the
 
11 Hawaii state constitutional revision commission, hereinafter
 
12 referred to as the "commission".  The commission shall consist of
 
13 fifteen members:
 
14      (1)  Five members shall be appointed by the speaker of the
 
15           house of representatives;
 
16      (2)  Five members shall be appointed by the president of the
 
17           senate; and
 
18      (3)  Five members shall be appointed by the governor.
 
19      (b)  Members of the commission shall be appointed on the
 
20 basis of their knowledge of and expertise in constitutional
 
21 principles and state and local government; their experience in
 
22 service to the people and community; and their knowledge of the
 
23 social, political, and economic conditions of society and the
 

 
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 1 State.  The commission shall convene upon the appointment of all
 
 2 members.
 
 3      (c)  The commission shall elect a chairperson from among its
 
 4 members.  Members shall serve without compensation but shall be
 
 5 reimbursed for all actual expenses incurred in the performance of
 
 6 their duties.
 
 7      SECTION 3.  Powers and duties.  (a)  The commission shall
 
 8 convene for the purpose of:
 
 9      (1)  Examining and reviewing the state constitution;
 
10      (2)  Holding public hearings to ascertain the public's views
 
11           and experiences with respect to various provisions of
 
12           the constitution; and 
 
13      (3)  Developing prospective changes to the constitution for
 
14           legislative review and possible ratification by the
 
15           public.
 
16      (b)  The commission may enter into contracts with
 
17 consultants and appoint staff necessary to perform its duties,
 
18 without regard to chapters 76 and 77, Hawaii Revised Statutes.
 
19 Departments of the state government shall make available to the
 
20 commission such data and facilities as are necessary for it to
 
21 perform its duties.
 
22      (c)  The commission may receive grants, gifts, bequests,
 
23 donations, and appropriations and may expend all funds received
 

 
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 1 in the foregoing manner to reimburse members, compensate staff,
 
 2 and carry out its duties. 
 
 3      (d)  The commission shall report all findings and
 
 4 recommendations including proposed changes to the constitution to
 
 5 the legislature no later than twenty days prior to the convening
 
 6 of the regular session of 2003.
 
 7      (e)  The commission shall cease to exist after the
 
 8 completion of its findings and recommendations.
 
 9      SECTION 4.  Ratification election.  All constitutional
 
10 revisions and amendments developed by the commission and passed
 
11 by the legislature shall be submitted to the electorate at the
 
12 general election of 2004.
 
13      SECTION 5.  There is appropriated out of the general
 
14 revenues of the State of Hawaii for fiscal year 2002-2003, the
 
15 sum of $          , or so much thereof as may be necessary, to
 
16 the office of the lieutenant governor for defraying the expenses
 
17 of the constitutional revision commission.
 
18      SECTION 6.  This Act shall take effect on December 1, 2002.
 
19 
 
20                           INTRODUCED BY:  _______________________