REPORT TITLE:
Unicameral Legislature


DESCRIPTION:
Proposes constitutional amendments to provide for a fifty-one
member unicameral legislature commencing after the general
election in November, 2002.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2864
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

PROPOSING AMENDMENTS TO THE CONSTITUTION OF THE STATE OF HAWAII
   TO PROVIDE FOR A UNICAMERAL LEGISLATURE.



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

 1      SECTION 1.  The purpose of this Act is to amend the
 
 2 Constitution of the State of Hawaii to change the legislature
 
 3 from a bicameral legislature into a unicameral legislature
 
 4 commencing after the general election in November, 2002.
 
 5      SECTION 2.  Article III of the Constitution of the State of
 
 6 Hawaii is amended to read as follows:
 
 7                           "ARTICLE III
 
 8                          THE LEGISLATURE
 
 9                         LEGISLATIVE POWER
 
10      Section 1.  [The] Commencing after the general election in
 
11 November, 2002, the legislative power of the State shall be
 
12 vested in a legislature[, which shall consist of two houses, a
 
13 senate and a house of representatives].  Such power shall extend
 
14 to all rightful subjects of legislation not inconsistent with
 
15 this constitution or the Constitution of the United States.
 
16                      [COMPOSITION OF SENATE
 
17      Section 2.  The senate shall be composed of twenty-five
 
18 members, who shall be elected by the qualified voters of the
 
19 respective senatorial districts.  Until the next reapportionment
 

 
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 1 the senatorial districts and the number of senators to be elected
 
 2 from each shall be as set forth in the Schedule.
 
 3              COMPOSITION OF HOUSE OF REPRESENTATIVES
 
 4      Section 3.  The house of representatives shall be composed
 
 5 of fifty-one members, who shall be elected by the qualified
 
 6 voters of the respective representative districts.  Until the
 
 7 next reapportionment, the representative districts and the number
 
 8 of representatives to be elected from each shall be as set forth
 
 9 in the Schedule.]
 
10                  COMPOSITION OF THE LEGISLATURE
 
11      Section 2.  The legislature shall be composed of fifty-one
 
12 members, who shall be elected by the qualified voters of the
 
13 respective districts.  Until the next reapportionment the
 
14 districts and the number of legislators to be elected from each
 
15 shall be as set forth in the Schedule.
 
16                     ELECTION OF MEMBERS; TERM
 
17      Section [4.] 3.  Each member of the legislature shall be
 
18 elected at an election.  If more than one candidate has been
 
19 nominated for election to a seat in the legislature, the member
 
20 occupying that seat shall be elected at a general election.  If a
 
21 candidate nominated for a seat at a primary election is unopposed
 
22 for that seat at the general election, the candidate shall be
 
23 deemed elected at the primary election.  The term of office of a
 

 
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 1 member of the [house of representatives shall be two years and
 
 2 the term of office of a member of the senate shall be]
 
 3 legislature shall be four years[.]; provided that of the members
 
 4 elected to the term commencing after the general election in
 
 5 November, 2002, the members shall serve staggered terms of office
 
 6 as provided in Article IV, Section 7 of this constitution.  The
 
 7 term of a member of the legislature shall [begin]:
 
 8      (1)  Begin on the day of the general election at which
 
 9           elected or if elected at a primary election, on the day
 
10           of the general election immediately following the
 
11           primary election at which elected[.  For a member of
 
12           the house of representatives, the terms shall end on
 
13           the day of the general election immediately following
 
14           the day the member's term commences.  For a member of
 
15           the senate, the term shall end]; and
 
16      (2)  End on the day of the second general election
 
17           immediately following the day the member's term
 
18           commences.
 
19                             VACANCIES
 
20      Section [5.] 4.  Any vacancy in the legislature shall be
 
21 filled for the unexpired term in such manner as may be provided
 
22 by law, or, if no provision be made by law, by appointment by the
 
23 governor for the unexpired term.
 

 
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 1                     QUALIFICATIONS OF MEMBERS
 
 2      Section [6.] 5.  No person shall be eligible to serve as a
 
 3 member of the [senate] legislature unless the person shall have
 
 4 been a resident of the State for not less than three years, have
 
 5 attained the age of majority and be a qualified voter of the
 
 6 [senatorial] district from which the person seeks to be elected.
 
 7 [No person shall be eligible to serve as a member of the house of
 
 8 representatives unless the person shall have been a resident of
 
 9 the State for not less than three years, have attained the age of
 
10 majority and be a qualified voter of the representative district
 
11 from which the person seeks to be elected.]
 
12                       PRIVILEGES OF MEMBERS
 
13      Section [7.] 6.  No member of the legislature shall be held
 
14 to answer before any other tribunal for any statement made or
 
15 action taken in the exercise of the member's legislative
 
16 functions; and members of the legislature shall, in all cases
 
17 except felony or breach of the peace, be privileged from arrest
 
18 during their attendance at the sessions [of their respective
 
19 houses], and in going to and returning from the same.
 
20                   DISQUALIFICATIONS OF MEMBERS
 
21      Section [8.] 7.  No member of the legislature shall hold any
 
22 other public office under the State, nor shall the member, during
 
23 the term for which the member is elected or appointed, be elected
 

 
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 1 or appointed to any public office or employment which shall have
 
 2 been created, or the emoluments whereof shall have been
 
 3 increased, by legislative act during such term.  The term "public
 
 4 offices," for the purposes of this section, shall not include
 
 5 notaries public, reserve police officers or officers of emergency
 
 6 organizations for civilian defense or disaster relief.  The
 
 7 legislature may prescribe further disqualifications.
 
 8                 SALARY; ALLOWANCES; COMMISSION ON
 
 9                        LEGISLATIVE SALARY
 
10      Section [9.] 8.  The members of the legislature shall
 
11 receive allowances reasonably related to expenses as provided by
 
12 law, and a salary prescribed by the commission on legislative
 
13 salaries pursuant to this section which shall be payable in
 
14 installments and at such times as provided by law.
 
15      There shall be a commission on legislative salary, which
 
16 shall be appointed by the governor on or before November 30,
 
17 [1978,] 2002, and every eight years thereafter.  Not later than
 
18 the fortieth legislative day of the [1979] 2003 regular
 
19 legislative session and every eight years thereafter, the
 
20 commission shall submit to the legislature and the governor
 
21 recommendations for a salary for members of the legislature, and
 
22 then dissolve.  The recommended salary submitted shall become
 
23 effective as provided in the recommendation unless the
 

 
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 1 legislature disapproves the recommendation by adoption of a
 
 2 [concurrent] resolution prior to adjournment sine die of the
 
 3 legislative session in which the recommendation is submitted or
 
 4 the governor disapproves the recommendation by a message of
 
 5 disapproval transmitted to the legislature prior to such
 
 6 adjournment.  Any change in salary which becomes effective shall
 
 7 not apply to the legislature to which the recommendation for the
 
 8 change in salary was submitted.
 
 9                             SESSIONS
 
10      Section [10.] 9.  The legislature shall convene annually in
 
11 regular session at 10:00 o'clock a.m. on the third Wednesday in
 
12 January.
 
13      At the written request of two-thirds of the members [to
 
14 which each house is entitled], the presiding [officers of both
 
15 houses] officer of the legislature shall convene the legislature
 
16 in special session.  [At the written request of two-thirds of the
 
17 members of the senate, the president of the senate shall convene
 
18 the senate in special session for the purpose of carrying out its
 
19 responsibility established by Section 3 of Article VI.]  The
 
20 governor may convene [both houses or the senate alone] the
 
21 legislature in special session.
 
22      Regular sessions shall be limited to a period of sixty days,
 
23 and special sessions shall be limited to a period of thirty days.
 

 
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 1 Any session may be extended a total of not more than fifteen
 
 2 days.  Such extension shall be granted by the presiding [officers
 
 3 of both houses] officer of the legislature at the written request
 
 4 of two-thirds of the members [to which each house is entitled] or
 
 5 may be granted by the governor.
 
 6      Each regular session shall be recessed for not less than
 
 7 five days at some period between the twentieth and fortieth days
 
 8 of the regular session.  The legislature shall determine the
 
 9 dates of the mandatory recess by [concurrent] resolution.  Any
 
10 session may be recessed by [concurrent] resolution adopted by a
 
11 majority of the members [to which each house is entitled].
 
12 Saturdays, Sundays, holidays, the days in mandatory recess and
 
13 any days in recess pursuant to a [concurrent] resolution shall be
 
14 excluded in computing the number of days of any session.
 
15      All sessions shall be held in the capital of the State.  In
 
16 case the capital shall be unsafe, the governor may direct that
 
17 any session be held at some other place.
 
18                           [ADJOURNMENT
 
19      Section 11.  Neither house shall adjourn during any session
 
20 of the legislature for more than three days, or sine die, without
 
21 the consent of the other.]
 
22            ORGANIZATION; DISCIPLINE; RULES; PROCEDURE
 
23      Section [12.  Each house] 10.  The legislature shall be the
 

 
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 1 judge of the elections, returns and qualifications of its own
 
 2 members and shall have, for misconduct, disorderly behavior or
 
 3 neglect of duty of any member, power to punish such member by
 
 4 censure or, upon a two-thirds vote of all the members [to which
 
 5 such house is entitled], by suspension or expulsion of such
 
 6 member.  [Each house] The legislature shall choose its own
 
 7 officers, determine the rules of its proceedings and keep a
 
 8 journal.  The ayes and noes of the members on any question
 
 9 [shall], at the desire of one-fifth of the members present, shall
 
10 be entered upon the journal.
 
11      Twenty days after a bill has been referred to a committee in
 
12 [either house,] the legislature, the bill may be recalled from
 
13 [such] that committee by the affirmative vote of one-third of the
 
14 members [to which such house is entitled].
 
15      Every meeting or hearing of a committee in [either house or
 
16 of a committee comprised of a member or members from both houses]
 
17 the legislature held for the purpose of making decision on
 
18 matters referred to the committee shall be open to the public.
 
19      By rule of its proceedings, [applicable to both houses, each
 
20 house] the legislature shall provide for the date by which all
 
21 bills to be considered in a regular session shall be introduced.
 
22                   QUORUM; COMPULSORY ATTENDANCE
 
23      Section [13.] 11.  A majority of the number of members [to
 

 
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 1 which each house is entitled] of the legislature shall constitute
 
 2 a quorum [of such house] for the conduct of ordinary business, of
 
 3 which quorum a majority vote shall suffice; but the final passage
 
 4 of a bill in [each house] the legislature shall require the vote
 
 5 of a majority of all the members [to which such house is
 
 6 entitled], taken by ayes and noes and entered upon its journal.
 
 7 A smaller number than a quorum may adjourn from day to day and
 
 8 may compel the attendance of absent members in such manner and
 
 9 under such penalties as [each house] the legislature may provide.
 
10                         BILLS; ENACTMENT
 
11      Section [14.] 12.  No law shall be passed except by bill.
 
12 Each law shall embrace but one subject, which shall be expressed
 
13 in its title.  The enacting clause of each law shall be, "Be it
 
14 enacted by the legislature of the State of Hawaii."
 
15                         PASSAGE OF BILLS
 
16      Section [15.] 13.  No bill shall become law unless it shall
 
17 pass three readings in [each house] the legislature on separate
 
18 days.  No bill shall pass third or final reading [in either
 
19 house] unless printed copies of the bill in the form to be passed
 
20 shall have been made available to the members of [that house] the
 
21 legislature for at least forty-eight hours.
 
22      [Every bill when passed by the house in which it originated,
 
23 or in which amendments thereto shall have originated, shall
 

 
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 1 immediately be certified by the presiding officer and clerk and
 
 2 sent to the other house for consideration.]
 
 3      Any bill pending at the final adjournment of a regular
 
 4 session in an odd-numbered year shall carry over with the same
 
 5 status to the next regular session.  [Before the carried-over
 
 6 bill is enacted, it shall pass at least one reading in the house
 
 7 in which the bill originated.]
 
 8                         APPROVAL OR VETO
 
 9      Section [16.] 14.  Every bill which shall have passed the
 
10 legislature shall be certified by the presiding [officers and
 
11 clerks of both houses] officer and clerk and shall thereupon be
 
12 presented to the governor.  If the governor approves it, the
 
13 governor shall sign it and it shall become law.  If the governor
 
14 does not approve such bill, the governor may return it, with the
 
15 governor's objections to the legislature.  Except for items
 
16 appropriated to be expended by the judicial and legislative
 
17 branches, the governor may veto any specific item or items in any
 
18 bill which appropriates money for specific purposes by striking
 
19 out or reducing the same; but the governor shall veto other
 
20 bills, if at all, only as a whole.
 
21      The governor shall have ten days to consider bills presented
 
22 to the governor ten or more days before the adjournment of the
 
23 legislature sine die, and if any such bill is neither signed nor
 

 
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 1 returned by the governor within that time, it shall become law in
 
 2 like manner as if the governor had signed it.
 
 3                 RECONSIDERATION AFTER ADJOURNMENT
 
 4      The governor shall have forty-five days, after the
 
 5 adjournment of the legislature sine die, to consider bills
 
 6 presented to the governor less than ten days before such
 
 7 adjournment, or presented after adjournment, and any such bill
 
 8 shall become law on the forty-fifth day unless the governor by
 
 9 proclamation shall have given ten days' notice to the legislature
 
10 that the governor plans to return such bill with the governor's
 
11 objections on that day.  The legislature may convene at or before
 
12 noon on the forty-fifth day in special session, without call, for
 
13 the sole purpose of acting upon any such bill returned by the
 
14 governor.  In case the legislature shall fail to so convene, such
 
15 bill shall not become law.  Any such bill may be amended to meet
 
16 the governor's objections and, if so amended and passed, only one
 
17 reading being required in [each house] the legislature for such
 
18 passage, it shall be presented again to the governor, but shall
 
19 become law only if the governor shall sign it within ten days
 
20 after presentation.
 
21      In computing the number of days designated in this section,
 
22 the following days shall be excluded:  Saturdays, Sundays,
 
23 holidays and any days in which the legislature is in recess prior
 

 
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 1 to its adjournment as provided in section 10 of this article.
 
 2                       PROCEDURES UPON VETO
 
 3      Section [17.] 15.  Upon the receipt of a veto message from
 
 4 the governor, [each house] the legislature shall enter the same
 
 5 at large upon its journal and proceed to reconsider the vetoed
 
 6 bill, or the item or items vetoed, and again vote upon such bill,
 
 7 or such item or items, by ayes and noes, which shall be entered
 
 8 upon its journal.  If after such reconsideration such bill, or
 
 9 such item or items, shall be approved by a two-thirds vote of all
 
10 members [to which each house is entitled], the same shall become
 
11 law.
 
12                     PUNISHMENT OF NONMEMBERS
 
13      Section [18.  Each house] 16.  The legislature may punish by
 
14 fine, or by imprisonment not exceeding thirty days, any person
 
15 not a member of [either house] the legislature who shall be
 
16 guilty of disrespect of [such house] the legislature by any
 
17 disorderly or contemptuous behavior in its presence or that of
 
18 any committee thereof; or who [shall], on account of the exercise
 
19 of any legislative function, shall threaten harm to the body or
 
20 estate of any of the members of [such house;] the legislature; or
 
21 who shall assault, arrest or detain any witness or other person
 
22 ordered to attend [such house,] the legislature, on the witness'
 
23 or other person's way going to or returning therefrom; or who
 

 
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 1 shall rescue any person arrested by order of [such house.] the
 
 2 legislature.
 
 3      Any person charged with such an offense shall be informed in
 
 4 writing of the charge made against the person and have
 
 5 opportunity to present evidence and be heard in the person's own
 
 6 defense.
 
 7                            IMPEACHMENT
 
 8      Section [19.] 17.  The governor and lieutenant governor, and
 
 9 any appointive officer for whose removal the consent of the
 
10 [senate] legislature is required, may be removed from office upon
 
11 conviction of impeachment for such causes as may be provided by
 
12 law.
 
13      The [house of representatives] legislature shall have the
 
14 [sole] power of impeachment of the governor and lieutenant
 
15 governor and [the senate] the [sole] power to try such
 
16 impeachments, and no such officer shall be convicted without the
 
17 concurrence of two-thirds of the members of the [senate.]
 
18 legislature.  When sitting for that purpose, the members of the
 
19 [senate] legislature shall be on oath or affirmation and the
 
20 chief justice shall preside.  Subject to [the provisions of] this
 
21 paragraph, the legislature may provide for the manner and
 
22 procedure of removal by impeachment of such officers.
 
23      The legislature shall by law provide for the manner and
 

 
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 1 procedure of removal by impeachment of the appointive officers.
 
 2      Judgments in cases of impeachment shall not extend beyond
 
 3 removal from office and disqualification to hold and enjoy any
 
 4 office of honor, trust or profit under the State; but the person
 
 5 convicted may nevertheless be liable and subject to indictment,
 
 6 trial, judgment and punishment as provided by law."
 
 7      SECTION 3.  The question to be printed on the ballot shall
 
 8 be as follows:
 
 9      "Shall the legislature be changed from a bicameral
 
10      legislature with a house of representatives and a senate to
 
11      a unicameral legislature, commencing after the general
 
12      election in November, 2002?"
 
13      SECTION 4.  Constitutional material to be repealed is
 
14 bracketed.  New constitutional material is underscored.
 
15      SECTION 5.  This amendment shall take effect upon compliance
 
16 with article XVII, section 3, of the Constitution of the State of
 
17 Hawaii.
 
18 
 
19                       INTRODUCED BY:  ___________________________