REPORT TITLE:
Constitutional Amendment


DESCRIPTION:
Proposes amendments to the Hawaii Constitution to reserve to the
people the right of initiative, referendum, and recall of elected
public officers of the State.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            601         
HOUSE OF REPRESENTATIVES                H.B. NO.           
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 RESERVE TO THE PEOPLE
   THE POWERS OF INITIATIVE, REFERENDUM, AND RECALL OF ELECTED
   PUBLIC OFFICERS OF THE STATE.



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 reserve to the people the powers of
 
 4 initiative, referendum, and recall of elected public officers of
 
 5 the State.
 
 6      SECTION 2.  Article II of the Constitution of the State of
 
 7 Hawaii is amended by adding three new sections to be
 
 8 appropriately designated and to read as follows:
 
 9                            "INITIATIVE
 
10      Section A.  (a)  The initiative power is reserved to the
 
11 people.  The initiative power is the power of the people to
 
12 propose a state law, including the amendment or repeal of any
 
13 existing law or laws or sections or other portions thereof, and
 
14 then, enact or reject the proposed state law, or to propose a
 
15 revision of or amendment to the constitution, and then, approve
 
16 or reject the proposed constitutional revision or amendment.
 
17      The initiative power shall not extend to any law or
 
18 constitutional revision or amendment:
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1      1.  Making, authorizing, limiting, amending or repealing the
 
 2 levy or imposition of taxes, fees or other revenue measures, the
 
 3 appropriation of public funds, or the issuance of bonds;
 
 4      2.  Relating to the compensation or benefits of public
 
 5 officers or employees or any matter governed by collective
 
 6 bargaining agreements or contracts;
 
 7      3.  Relating to the creation or the structure or
 
 8 organization of the counties or other political subdivisions of
 
 9 the State;
 
10      4.  Naming a specific individual to hold any public office;
 
11 or
 
12      5.  Naming or identifying any private corporation or other
 
13 entity to perform any function or to have any power or duty.
 
14      This section shall be self-executing and mandatory.  The
 
15 legislature shall make the necessary appropriations to facilitate
 
16 the operation of this section.  Laws may be enacted and rules may
 
17 be adopted to facilitate the operation of this section, but no
 
18 law or rule shall be enacted or adopted restricting, limiting or
 
19 unduly inhibiting the power reserved to the people in this
 
20 section.  Laws may be enacted and rules adopted relating to the
 
21 disclosure of funding and expenses for preparing, circulating and
 
22 advocating for or against initiative measures.  No law or rule
 
23 shall be enacted or adopted limiting the number of copies of an
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1 initiative petition which may be circulated.  An initiative
 
 2 measure proposing the enactment of a State law or the approval of
 
 3 a constitutional revision or amendment by the people shall be
 
 4 initiated by the preparation of an initiative petition.  An
 
 5 initiative measure may be proposed by submitting to the chief
 
 6 election officer a petition signed by duly registered voters
 
 7 equal in number to at least twenty-five percent, in the case of a
 
 8 proposed law, or at least thirty-three and one-third percent, in
 
 9 the case of a proposed constitutional revision or amendment, of
 
10 the total voters registered in the last gubernatorial general
 
11 election preceding the submission of the initiative petition to
 
12 the chief election officer.  All signatures on an initiative
 
13 petition shall be dated no more than six months prior to the date
 
14 of the submission of the petition to the chief election officer.
 
15 The initiative petition shall order the submission to the people
 
16 of a measure for the enactment of a proposed law or for the
 
17 approval of a proposed constitutional revision or amendment.
 
18      (b)  Only registered voters of this State shall be permitted
 
19 to circulate initiative petitions for signature.  No person
 
20 circulating an initiative petition for signature shall be paid
 
21 any compensation for services as a petition circulator, except
 
22 that reimbursement of reasonable expenses actually incurred in
 
23 circulating initiative petitions for signature shall be allowed.
 

 
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 1      Each voter signing an initiative petition shall add to the
 
 2 signature, the voter's printed name, residential address and
 
 3 social security number and the date of signing.  Signatures on an
 
 4 initiative petition may be on separate sheets, but each sheet of
 
 5 an initiative petition containing signatures shall set forth or
 
 6 have attached to the sheet at the time of its signing the title,
 
 7 summary and full text of the proposed law or proposed
 
 8 constitutional revision or amendment and the form of an affidavit
 
 9 of some person, not necessarily a signer of the petition, that to
 
10 the best of the affiant's knowledge and belief the persons whose
 
11 signatures appear on the sheet are duly registered voters, that
 
12 the persons signed with full knowledge of the contents of the
 
13 petition, that the residential addresses of the persons are
 
14 correctly given and that the persons signed in the presence of
 
15 the affiant.
 
16      Prior to the circulation of any initiative petition for
 
17 signatures, a copy of the petition shall be submitted to the
 
18 attorney general by not less than three nor more than five
 
19 petition initiators.  The attorney general shall prepare a title
 
20 of the proposed initiative measure, a summary of the chief
 
21 purpose and aim of the proposed initiative measure and the format
 
22 of the proposed initiative measure within seven calendar days.
 
23 The title and summary shall not exceed three hundred fifty words.
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1 Any petition initiator who believes that the title, summary or
 
 2 format prepared by the attorney general does not accurately
 
 3 reflect the subject or chief purpose or aim of the initiative
 
 4 measure may apply for judicial review of the attorney general's
 
 5 action.  The proceedings for review shall be instituted in the
 
 6 supreme court, which shall render a final decision on such
 
 7 application within twenty calendar days after the application for
 
 8 judicial review is filed with the court.
 
 9      All initiative measures shall have printed above the title
 
10 the following:
 
11                     "INITIATIVE MEASURE TO BE
 
12                 SUBMITTED DIRECTLY TO THE PEOPLE"
 
13      Each initiative measure shall embrace but one subject, which
 
14 shall be generally expressed in its title.  The enacting clause
 
15 for an initiative measure shall be:
 
16                   "BE IT ENACTED BY THE PEOPLE
 
17                      OF THE STATE OF HAWAII"
 
18      All initiative petitions shall be submitted to the chief
 
19 election officer for examination and certification as to their
 
20 validity and sufficiency, no later than ninety days prior to the
 
21 general election at which the initiative is to be submitted to
 
22 the people.  The chief election officer shall examine any
 
23 initiative petition submitted to determine its validity under
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1 this section and to see whether it contains a sufficient number
 
 2 of apparently genuine signatures of duly registered voters.  The
 
 3 chief election officer shall complete the examination of the
 
 4 petition within thirty calendar days after submission of the
 
 5 petition to the chief election officer.  The chief election
 
 6 officer shall make any initiative petition available for public
 
 7 inspection on the date of its submission.
 
 8      (c)  The chief election officer may question the genuineness
 
 9 of any signature appearing on the petition, and if the chief
 
10 election officer finds that any signature is not genuine, the
 
11 chief election officer, after public disclosure of the signature
 
12 in question, shall disregard the signature in determining whether
 
13 the petition contains a sufficient number of signatures.  The
 
14 chief election officer shall also determine whether each of the
 
15 persons signing the petition is a duly registered voter, and if
 
16 the chief election officer finds that any person signing the
 
17 petition is not a duly registered voter, the chief election
 
18 officer, after public disclosure of the signature in question,
 
19 shall disregard the signature of the person in determining
 
20 whether the petition contains a sufficient number of signatures.
 
21 The chief election officer, in determining whether the petition
 
22 contains a sufficient number of signatures, shall also disregard
 
23 any signature dated more than six months prior to the date the
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1 petition was submitted to the chief election officer.  Any person
 
 2 signing an initiative petition may submit to the chief election
 
 3 officer a written request that the person's signature be removed
 
 4 from the initiative petition.  The written request shall be
 
 5 signed by the person, shall include the person's printed name,
 
 6 residential address and social security number and the date of
 
 7 signing and shall be submitted to the chief election officer no
 
 8 later than thirty calendar days after submission of the petition
 
 9 to the chief election officer.  If the chief election officer is
 
10 satisfied with the genuineness of the signature appearing on the
 
11 written removal request, the chief election officer shall
 
12 disregard the person's signature in determining whether the
 
13 petition contains a sufficient number of signatures.  The chief
 
14 election officer, in determining whether the petition contains a
 
15 sufficient number of signatures, shall eliminate any sheet of the
 
16 petition which does not set forth or have attached to it the
 
17 title, summary and full text of the proposed law or proposed
 
18 constitutional revision or amendment and the completed affidavit
 
19 required by this section.  The insufficiency of any signature or
 
20 of any sheet of the petition shall not affect the sufficiency of
 
21 the remaining signatures on a sheet or the sufficiency of the
 
22 entire petition if a sufficient number of signatures remains
 
23 after eliminating all insufficient signatures and sheets.
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1      If any initiative petition has been determined by the chief
 
 2 election officer to be invalid or insufficient, the petition
 
 3 shall be returned to the petition initiators within thirty
 
 4 calendar days of its submission with an explanation as to why the
 
 5 petition was determined to be invalid or insufficient and with
 
 6 identification of any specific insufficiencies.  Petition
 
 7 circulators shall have additional time to correct any specific
 
 8 insufficiencies of a petition, in accordance with the provisions
 
 9 of this section, governing the amount of time allowed to obtain
 
10 signatures and excluding the time previously utilized by the
 
11 chief election officer for examination of the petition.  Any
 
12 petition initiator, circulator or signer who believes the chief
 
13 election officer's determination is erroneous may apply for
 
14 judicial review of the determination.  The proceedings for review
 
15 shall be instituted in the supreme court, which shall render a
 
16 final decision on such application within twenty calendar days
 
17 after the application for judicial review is filed with the
 
18 court.  If the supreme court determines that the initiative
 
19 petition is valid and sufficient, the initiative measure shall be
 
20 promptly submitted to the people for vote at the next regularly
 
21 scheduled general election.
 
22      (d)  A maximum of five initiative measures shall be
 
23 submitted to the people at any one general election.  If more
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1 than five initiative measures have satisfied the requirements of
 
 2 this section for submission to the people at the general
 
 3 election, then the five initiative measures to be submitted to
 
 4 the people at the general election shall be determined in
 
 5 accordance with the order that the initiative petitions were
 
 6 originally submitted to the chief election officer.  Initiative
 
 7 measures that are not submitted to the people at the general
 
 8 election due to the provisions of this paragraph shall become
 
 9 void.
 
10      (e)  The chief election officer shall phrase the exact
 
11 question that is to be printed on the ballot for all initiative
 
12 measures subject to this section and for all amended forms of
 
13 initiative measures enacted or adopted through the legislative
 
14 process.  All measures shall be submitted to the people in such a
 
15 form that a "yes" vote, on a yes or no ballot, shall indicate an
 
16 affirmative vote for the measure as the measure is written;
 
17 provided that a measure proposing to prohibit a specific activity
 
18 or to terminate an existing right or privilege shall be submitted
 
19 to the people in such form that they may vote in the affirmative
 
20 if they favor the right to engage in the activity or the
 
21 continuance of the right or privilege.
 
22      No initiative measure shall be filed with the chief election
 
23 officer which may be either similar or contrary in either form or
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1 essential substance to a bill already introduced into the
 
 2 legislature.  If after the adjournment of the legislature sine
 
 3 die such bill has not become law, or does not carry over, an
 
 4 initiative measure of either similar or contrary form may be
 
 5 filed with the chief election officer for submission to the
 
 6 people.
 
 7      (f)  If after an initiative request is made with the
 
 8 attorney general, any bill introduced into the legislature which
 
 9 may be contrary in either form or essential substance to the
 
10 initiative request if enacted into law, that law and the
 
11 initiative measure shall be submitted to the people in order that
 
12 they may choose between them, except as provided in the last
 
13 sentence of this paragraph.  That contrary law shall remain in
 
14 effect pending the general election ballot.  The measure
 
15 receiving the highest number of votes shall prevail.  If the
 
16 initiative measure is approved, such contrary law shall be void.
 
17 If any law is enacted which is the same or similar to and
 
18 accomplishes the same purpose as an initiative measure as
 
19 determined by the attorney general, the chief election officer
 
20 shall make a public announcement, declare the initiative measure
 
21 void and order it stricken from the ballot.
 
22      (g)  An initiative measure shall be deemed enacted into law
 
23 or approved only if approved by a majority of the votes cast on
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1 the question.  Blank ballots shall not be counted as votes cast
 
 2 on the question.
 
 3      If two or more conflicting initiative measures are approved
 
 4 by the people at the same election, then the measure receiving
 
 5 the highest number of votes shall prevail.
 
 6      The veto power of the governor shall not extend to
 
 7 initiative measures approved by the people.
 
 8      Any initiative measure which is approved by the people,
 
 9 subject to any conditions specified in the measure, shall become
 
10 effective ten calendar days after certification of the results of
 
11 the election by the chief election officer, or if so specified in
 
12 the initiative measure, at a date subsequent thereto.
 
13      An initiative measure which is not approved by the people at
 
14 a general election or which is approved but does not receive the
 
15 highest number of votes shall not be resubmitted to the people by
 
16 another initiative petition in either the same or substantially
 
17 the same form, as determined by the attorney general, either
 
18 affirmatively or negatively, at the next general election.  No
 
19 law enacted through the initiative process, shall be repealed or
 
20 amended by the legislature within a period of two years after its
 
21 enactment, except by a two-thirds vote of the members to which
 
22 each house of the legislature is entitled or through a subsequent
 
23 initiative measure approved by the people.
 

 
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 1      The petitioner initiators and circulators shall bear all
 
 2 costs and expenses of the preparation and circulation of an
 
 3 initiative petition, except for the services performed by the
 
 4 attorney general under this section.  After the petition has been
 
 5 submitted to the chief election officer, all further costs and
 
 6 expenses, except costs and expenses related to any judicial
 
 7 review under this section, shall be part of the usual
 
 8 expenditures of the State.
 
 9      Nothing contained in this section shall be deemed to
 
10 authorize initiative measures proposing charter revisions or
 
11 amendments or ordinances for the counties or other political
 
12 subdivisions of this State.  Procedures for the initiation of
 
13 charter revisions, charter amendments or ordinances for the
 
14 counties or other political subdivisions of this State shall be
 
15 determined solely by the charter, ordinances and rules of each
 
16 county or other political subdivision.
 
17                              RECALL
 
18      Section B.  Every elected public officer of the State,
 
19 including any elected member of a state board or commission, may
 
20 be removed from office by the duly registered voters qualified to
 
21 vote for a successor of the incumbent officer, through the
 
22 procedure and in the manner set forth in this section.  This
 
23 procedure shall be known as recall and is in addition to any
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1 other method of removal provided by law.
 
 2      This section shall be self-executing and mandatory.  The
 
 3 legislature shall make the necessary appropriations to facilitate
 
 4 the operation of this section.  Laws may be enacted and rules may
 
 5 be adopted to facilitate the operation of this section, but no
 
 6 law or rule shall be enacted or adopted restricting, limiting or
 
 7 unduly inhibiting the power reserved to the people in this
 
 8 section.  Laws may be enacted and rules adopted relating to the
 
 9 disclosure of funding and expenses for preparing, circulating,
 
10 and advocating for or against recall measures.  No law or rule
 
11 shall be enacted or adopted limiting the number of copies of a
 
12 recall petition which may be circulated.
 
13      Recall of an elected public officer shall be initiated by
 
14 the preparation of a recall petition.  A recall measure may be
 
15 proposed by submitting to the chief election officer a petition
 
16 signed by duly registered voters qualified to vote for a
 
17 successor to the incumbent sought to be removed equal in number
 
18 to at least thirty-three and one-third percent of the total
 
19 voters registered and qualified to vote for the office specified
 
20 in the recall petition in the last general election for that
 
21 office preceding the submission of the recall petition to the
 
22 chief election officer.  Only those registered voters who are
 
23 qualified to vote for a successor to the incumbent named on the
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1 recall petition shall be qualified to initiate the recall
 
 2 petition, sign the recall petition and vote in the recall
 
 3 election.  In districts in which the people cast their votes for
 
 4 multiple representation in a particular office in that district,
 
 5 the total voters registered and qualified to vote for the
 
 6 particular office at the last general election for that office
 
 7 shall be divided by the number of persons entitled to hold that
 
 8 particular office to obtain the number of signatures needed on a
 
 9 recall petition.  All signatures on a recall petition shall be
 
10 dated no more than sixty calendar days prior to the date of the
 
11 submission of the petition to the chief election officer when
 
12 less than five thousand signatures on the petition are required,
 
13 and no more than ninety calendar days when five thousand or more
 
14 signatures on the petition are required.  The recall petition
 
15 shall order the submission to the people of a measure for the
 
16 proposed recall of an elected public officer of the State.
 
17      Only registered voters of this State qualified to vote for a
 
18 successor to the incumbent named in the recall petition shall be
 
19 permitted to circulate the recall petition for signature.  No
 
20 person circulating a recall petition for signature shall be paid
 
21 any compensation for services as a petition circulator, except
 
22 that reimbursement of reasonable expenses actually incurred in
 
23 circulating the recall petition for signature shall be allowed.
 

 
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 1      Each voter signing a recall petition shall add to the
 
 2 signature the voter's printed name, residential address and
 
 3 social security number and the date of signing.  Signatures on a
 
 4 recall petition may be on separate sheets, but each sheet of a
 
 5 recall petition containing signatures shall set forth or have
 
 6 attached to the sheet at the time of its signing the title,
 
 7 statement of purpose and statement of grounds for removal and the
 
 8 form of an affidavit of some person, not necessarily a signer of
 
 9 the petition, that to the best of the affiant's knowledge and
 
10 belief the persons whose signatures appear on the sheet are duly
 
11 registered and qualified voters, that the persons signed with
 
12 full knowledge of the contents of the petition, that the
 
13 residential addresses of the persons are correctly given and that
 
14 the persons signed in the presence of the affiant.
 
15      Prior to the circulation of any recall petition for
 
16 signatures, a copy of the petition shall be submitted to the
 
17 attorney general by not less than three nor more than five
 
18 petition initiators.  The attorney general shall prepare a title
 
19 of the proposed recall measure, a clear statement that the
 
20 purpose of the petition is to seek the removal from office of the
 
21 elected public officer through a recall election and the format
 
22 of the proposed recall measure within seven calendar days.  The
 
23 title and statement of purpose shall not exceed fifty words.
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1      All recall measures shall have printed above the title the
 
 2 following:
 
 3                       "RECALL MEASURE TO BE
 
 4                 SUBMITTED DIRECTLY TO THE PEOPLE"
 
 5      All recall petitions shall be submitted to the chief
 
 6 election officer for examination and certification as to their
 
 7 validity and sufficiency; provided that the governor shall
 
 8 appoint another officer to fulfill the duties of the chief
 
 9 election officer under this section when the chief election
 
10 officer is the subject of the recall.  The chief election officer
 
11 shall examine any recall petition submitted to determine its
 
12 validity under this section and to see whether it contains a
 
13 sufficient number of apparently genuine signatures of duly
 
14 registered voters qualified to sign the petition.  The chief
 
15 election officer shall complete the examination of the petition
 
16 within thirty calendar days after submission of the petition to
 
17 the chief election officer.  The chief election officer shall
 
18 make any recall petition available for inspection by the public
 
19 or any governmental agency when a question has been raised
 
20 regarding the validity or sufficiency of the petition.
 
21      The chief election officer may question the genuineness of
 
22 any signature appearing on the recall petition, and if the chief
 
23 election officer finds that any signature is not genuine, the
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1 chief election officer, after public disclosure of the signature
 
 2 in question, shall disregard the signature in determining whether
 
 3 the petition contains a sufficient number of signatures.  The
 
 4 chief election officer shall also determine whether each of the
 
 5 persons signing the recall petition is a duly registered voter
 
 6 and qualified to sign the petition, and if the chief election
 
 7 officer finds that any person signing the recall petition is not
 
 8 a duly registered voter or is not qualified to sign the petition,
 
 9 the chief election officer, after public disclosure of the
 
10 signature in question, shall disregard the signature of the
 
11 person in determining whether the petition contains a sufficient
 
12 number of signatures.  The chief election officer, in determining
 
13 whether the petition contains a sufficient number of signatures,
 
14 shall also disregard any signature dated more than the sixty
 
15 calendar days, if less than five thousand signatures are
 
16 required, or ninety calendar days, if five thousand or more
 
17 signatures are required, prior to the date the petition was
 
18 submitted to the chief election officer.  Any person signing a
 
19 recall petition may submit to the chief election officer a
 
20 written request that the person's signature be removed from the
 
21 recall petition.  The written request shall be signed by the
 
22 person, shall include the person's printed name, residential
 
23 address and social security number and the date of signing and
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1 shall be submitted to the chief election officer no later than
 
 2 thirty calendar days after submission of the petition to the
 
 3 chief election officer.  If the chief election officer is
 
 4 satisfied with the genuineness of the signature appearing on the
 
 5 written removal request, the chief election officer shall
 
 6 disregard the person's signature in determining whether the
 
 7 petition contains a sufficient number of signatures.  The chief
 
 8 election officer, in determining whether the petition contains a
 
 9 sufficient number of signatures, shall eliminate any sheet of the
 
10 petition which does not set forth or have attached to it the
 
11 title, statement of purpose and statement of grounds for removal
 
12 and the completed affidavit required by this section.  The
 
13 insufficiency of any signature or of any sheet of the petition
 
14 shall not affect the sufficiency of the remaining signatures on a
 
15 sheet or the sufficiency of the entire petition if a sufficient
 
16 number of signatures remains after eliminating all insufficient
 
17 signatures and sheets.
 
18      If any recall petition has been determined by the chief
 
19 election officer to be invalid or insufficient, the petition
 
20 shall be returned to the petition initiators within thirty
 
21 calendar days of its submission with an explanation as to why the
 
22 petition was determined to be invalid or insufficient and with
 
23 identification of any specific insufficiencies.  Petition
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1 circulators shall have additional time to correct any specific
 
 2 insufficiencies of a petition, in accordance with the provisions
 
 3 of this section governing the amount of time allowed to obtain
 
 4 signatures and excluding the time previously utilized by the
 
 5 chief election officer for examination of the petition.  Any
 
 6 petition initiator, circulator or signer who believes the chief
 
 7 election officer's determination is erroneous may apply for
 
 8 judicial review of the determination.  The proceedings for review
 
 9 shall be instituted in the supreme court, which shall render a
 
10 final decision on such application within twenty calendar days
 
11 after the application for judicial review is filed with the
 
12 court.  If the supreme court determines that the recall petition
 
13 is valid and sufficient, the recall measure shall be submitted to
 
14 the people as provided for in this section.
 
15      As soon as a recall petition has been certified or
 
16 determined to be valid and sufficient, the chief election officer
 
17 shall notify the elected public officer named in the recall
 
18 petition that the petition has been filed.  Upon receipt of such
 
19 notice, the elected public officer may resign from office and
 
20 thereupon the recall proceedings shall terminate.
 
21      If the elected public officer does not resign from office
 
22 within ten calendar days after notice of the filing of the recall
 
23 petition shall have been given to the elected public officer, the
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1 chief election officer shall arrange a recall election.  If a
 
 2 general or special election is to be held not less than thirty
 
 3 calendar days nor more than ninety calendar days after the ten
 
 4 calendar day notice period has expired, the recall question shall
 
 5 be placed before the voters at that election.  Otherwise a
 
 6 special recall election shall be called by the chief election
 
 7 officer for a date not earlier than thirty calendar days nor
 
 8 later than ninety calendar days after the ten calendar day notice
 
 9 period has expired.  The elected public officer may resign at any
 
10 time prior to the recall election and thereupon the election
 
11 shall not be held.
 
12      The following question shall be presented to each voter in a
 
13 recall:  "Shall (name of elected public officer) be recalled and
 
14 removed from the office of (title of office)?"
 
15      If a majority of the registered and qualified voters who
 
16 vote on the question at a recall election shall vote "Yes," the
 
17 elected public officer shall be deemed recalled and removed from
 
18 office, one day after certification of the results of the recall
 
19 election by the chief election officer.  Blank ballots shall not
 
20 be counted as votes cast on the question.  Otherwise, the said
 
21 officer shall remain in office.  Any vacancy which may be created
 
22 shall be filled as prescribed by law.
 
23      No recall petition shall be filed against any elected public
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1 officer within the first six months of the officer's term of
 
 2 office, within the last six months of the officer's term of
 
 3 office or within six months of a primary election in which the
 
 4 elected public officer would be required to seek nomination for
 
 5 reelection, whichever is earlier.  If the recall vote fails to
 
 6 recall the affected officer, the affected officer shall not be
 
 7 subjected to another recall vote for the remainder of the term of
 
 8 office to which the officer was elected to serve.
 
 9      The petitioner initiators and circulators shall bear all
 
10 costs and expenses of the preparation and circulation of a recall
 
11 petition, except for the services performed by the attorney
 
12 general under this section.  After the petition has been
 
13 submitted to the chief election officer, all further costs and
 
14 expenses, except costs and expenses related to any judicial
 
15 review under this section, shall be part of the usual
 
16 expenditures of the State.
 
17      Nothing contained in this section shall be deemed to apply
 
18 to the recall of elected public officers of the counties or other
 
19 political subdivisions of this State.  Procedures for the recall
 
20 of elected public officers of the counties or other political
 
21 subdivisions of this State shall be determined solely by the
 
22 charter, ordinances and rules of each county or other political
 
23 subdivision.
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1                            REFERENDUM
 
 2      Section C.  The referendum power is reserved to the people.
 
 3 The referendum power is the power of the people to reject or
 
 4 amend a law enacted through the legislative process or any
 
 5 sections or other portions thereof.
 
 6      The referendum power shall not be used to reject or amend
 
 7 any law:
 
 8      1.  Making, authorizing or amending the levy or imposition
 
 9 of taxes, fees or other revenue measures;
 
10      2.  Making, authorizing, amending or repealing the
 
11 appropriation of public funds or the issuance of bonds;
 
12      3.  Relating to the compensation or benefits of public
 
13 officers or employees or any matter governed by collective
 
14 bargaining agreements or contracts; or
 
15      4.  Relating to the creation or the structure or
 
16 organization of the counties or other political subdivisions of
 
17 the State.
 
18 The referendum power shall not extend to any proposed
 
19 constitutional revision or amendment or to any law enacted
 
20 through the legislative process as an amended form of an
 
21 initiative measure for submission to the people.
 
22      Except as otherwise provided in this section, this section
 
23 shall be self-executing and mandatory.  The legislature shall
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1 make the necessary appropriations to facilitate the operation of
 
 2 this section.  Laws may be enacted and rules may be adopted to
 
 3 facilitate the operation of this section, but no law or rule
 
 4 shall be enacted or adopted restricting, limiting or unduly
 
 5 inhibiting the power reserved to the people in this section.
 
 6 Laws may be enacted and rules adopted relating to the disclosure
 
 7 of funding and expenditures for preparing, circulating and
 
 8 advocating for or against referendum measures.  No law or rule
 
 9 shall be enacted or adopted limiting the number of copies of a
 
10 referendum petition which may be circulated.
 
11      A referendum measure shall be initiated by the preparation
 
12 of a referendum petition.  A referendum measure may be proposed
 
13 by submitting to the chief election officer within ninety
 
14 calendar days after the enactment date of a law a petition signed
 
15 by duly registered voters equal in number to at least twenty-five
 
16 percent of the total voters registered in the last gubernatorial
 
17 general election preceding the submission of the referendum
 
18 petition to the chief election officer.  All signatures on a
 
19 referendum petition shall be dated after the final passage of the
 
20 law by the legislature.  The referendum petition shall order the
 
21 submission to the people of a measure for the proposed amendment
 
22 or repeal of a law passed by the legislature.
 
23      Only registered voters of this State shall be permitted to
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1 circulate referendum petitions for signature.  No person
 
 2 circulating a referendum petition for signature shall be paid any
 
 3 compensation for services as a petition circulator, except that
 
 4 reimbursement of reasonable expenses actually incurred in
 
 5 circulating referendum petitions for signature shall be allowed.
 
 6      Each voter signing a referendum petition shall add to the
 
 7 signature, the voter's printed name, residential address and
 
 8 social security number and the date of signing.  Signatures on a
 
 9 referendum petition may be on separate sheets, but each sheet of
 
10 a referendum petition containing signatures shall set forth or
 
11 have attached to the sheet at the time of its signing the title,
 
12 summary and full text of the proposed referendum measure and the
 
13 form of an affidavit of some person, not necessarily a signer of
 
14 the petition, that to the best of the affiant's knowledge and
 
15 belief the persons whose signatures appear on the sheet are duly
 
16 registered voters, that the persons signed with full knowledge of
 
17 the contents of the petition, that the residential addresses of
 
18 the persons are correctly given and that the persons signed in
 
19 the presence of the affiant.
 
20      Prior to the circulation of any referendum petition for
 
21 signatures, a copy of the petition shall be submitted to the
 
22 attorney general by not less than three nor more than five
 
23 petition initiators.  The attorney general shall prepare a title
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1 of the proposed referendum measure, a summary of the chief
 
 2 purpose and aim of the proposed referendum measure and the format
 
 3 of the proposed referendum measure within seven calendar days.
 
 4 The title and summary shall not exceed three hundred fifty words.
 
 5 Any petition initiator who believes that the title, summary or
 
 6 format prepared by the attorney general does not accurately
 
 7 reflect the subject or chief purpose or aim of the referendum
 
 8 measure may apply for judicial review of the attorney general's
 
 9 action.  The proceedings for review shall be instituted in the
 
10 supreme court, which shall render a final decision on such
 
11 application within twenty calendar days after the application for
 
12 judicial review is filed with the court.
 
13      All referendum measures shall have printed above the title
 
14 the following:
 
15                     "REFERENDUM MEASURE TO BE
 
16                 SUBMITTED DIRECTLY TO THE PEOPLE"
 
17      Each referendum measure shall embrace but one subject, which
 
18 shall be generally expressed in its title.  The enacting clause
 
19 for a referendum measure shall be:
 
20                   "BE IT ENACTED BY THE PEOPLE
 
21                      OF THE STATE OF HAWAII"
 
22      All referendum petitions shall be submitted to the chief
 
23 election officer for examination and certification as to their
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1 validity and sufficiency, no later than ninety calendar days
 
 2 after the enactment date of the law which is the subject of the
 
 3 referendum petition.  The chief election officer shall examine
 
 4 any referendum petition submitted to determine its validity under
 
 5 this section and to see whether it contains a sufficient number
 
 6 of apparently genuine signatures of duly registered voters.  The
 
 7 chief election officer shall complete the examination of the
 
 8 petition within thirty calendar days after submission of the
 
 9 petition to the chief election officer.  The chief election
 
10 officer shall make any referendum petition available for public
 
11 inspection on the date of its submission.
 
12      The chief election officer may question the genuineness of
 
13 any signature appearing on the petition, and if the chief
 
14 election officer finds that any signature is not genuine, the
 
15 chief election officer, after public disclosure of the signature
 
16 in question, shall disregard the signature in determining whether
 
17 the petition contains a sufficient number of signatures.  The
 
18 chief election officer shall also determine whether each of the
 
19 persons signing the petition is a duly registered voter, and if
 
20 the chief election officer finds that any person signing the
 
21 petition is not a duly registered voter, the chief election
 
22 officer, after public disclosure of the signature in question,
 
23 shall disregard the signature of the person in determining
 

 
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 1 whether the petition contains a sufficient number of signatures.
 
 2 The chief election officer, in determining whether the petition
 
 3 contains a sufficient number of signatures, shall also disregard
 
 4 any signature dated before the final passage of the law by the
 
 5 legislature.  Any person signing a referendum petition may submit
 
 6 to the chief election officer a written request that the person's
 
 7 signature be removed from the referendum petition.  The written
 
 8 request shall be signed by the person, shall include the person's
 
 9 printed name, residential address and social security number and
 
10 the date of signing, and shall be submitted to the chief election
 
11 officer no later than thirty calendar days after submission of
 
12 the petition to the chief election officer.  If the chief
 
13 election officer is satisfied with the genuineness of the
 
14 signature appearing on the written removal request, the chief
 
15 election officer shall disregard the person's signature in
 
16 determining whether the petition contains a sufficient number of
 
17 signatures.  The chief election officer, in determining whether
 
18 the petition contains a sufficient number of signatures, shall
 
19 eliminate any sheet of the petition which does not set forth or
 
20 have attached to it the title, summary and full text of the
 
21 proposed referendum measure and the completed affidavit required
 
22 by this section.  The insufficiency of any signature or of any
 
23 sheet of the petition shall not affect the sufficiency of the
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1 remaining signatures on a sheet or the sufficiency of the entire
 
 2 petition if a sufficient number of signatures remains after
 
 3 eliminating all insufficient signatures and sheets.
 
 4      If any referendum petition has been determined by the chief
 
 5 election officer to be invalid or insufficient, the petition
 
 6 shall be returned to the petition initiators within thirty
 
 7 calendar days of its submission with an explanation as to why the
 
 8 petition was determined to be invalid or insufficient and with
 
 9 identification of any specific insufficiencies.  Petition
 
10 circulators shall have thirty calendar days additional time to
 
11 correct any specific insufficiencies of a petition.  Any petition
 
12 initiator, circulator or signer who believes the chief election
 
13 officer's determination is erroneous may apply for judicial
 
14 review of the determination.  The proceedings for review shall be
 
15 instituted in the supreme court, which shall render a final
 
16 decision on such application within twenty calendar days after
 
17 the application for judicial review is filed with the court.
 
18      If a referendum petition is certified by the chief election
 
19 officer as valid and sufficient or is determined by the supreme
 
20 court to be valid and sufficient, the petition shall be filed and
 
21 the chief election officer shall arrange a referendum election.
 
22 If a general or special election is to be held not less than
 
23 thirty calendar days nor more than ninety calendar days after the
 

 
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 1 referendum petition is filed, the referendum question shall be
 
 2 placed before the voters at that election.  Otherwise, a special
 
 3 referendum election shall be called by the chief election officer
 
 4 for a date not earlier than thirty calendar days nor later than
 
 5 ninety calendar days after the referendum petition is filed.
 
 6      When a referendum petition is filed with respect to a law,
 
 7 section or other portion of the law, the law, section or other
 
 8 portion of the law shall remain in effect as originally enacted
 
 9 pending the outcome of the referendum election, except where the
 
10 law subject to the referendum petition is either repealed or
 
11 amended in accordance with the next paragraph.
 
12      If after a referendum petition has been filed with the chief
 
13 election officer and the law subject to the referendum petition
 
14 is either repealed or amended through the legislative process in
 
15 any manner so that in the opinion of the attorney general it
 
16 differs from the referendum measure, then both the repealed or
 
17 amended law and the original referendum measure shall be
 
18 submitted to the voters so that they may choose between them.
 
19 The legislature shall not enact more than one repealed or amended
 
20 law under this paragraph.  Any law repealed or amended through
 
21 the legislative process under this paragraph shall take effect as
 
22 provided for in Sections 16 and 17 of Article III unless
 
23 otherwise provided for in the law and shall remain in effect
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1 pending the outcome of the referendum election.  The measure
 
 2 receiving the highest number of votes shall prevail.  If a law is
 
 3 either repealed or amended so that it is the same as or
 
 4 substantially the same as the referendum measure as determined by
 
 5 the attorney general, the chief election officer shall declare
 
 6 the referendum petition void and order the referendum measure
 
 7 stricken from the ballot by public announcement.  If a referendum
 
 8 petition has been voided by a determination of the attorney
 
 9 general under this paragraph, any petition initiator, circulator
 
10 or signer who believes the attorney general's determination is
 
11 erroneous may apply for judicial review of the determination. The
 
12 proceedings for review shall be instituted in the supreme court,
 
13 which shall render a final decision on such application within
 
14 twenty calendar days after the application for judicial review is
 
15 filed with the court.  If the supreme court determines that the
 
16 attorney general's determination is erroneous, the referendum
 
17 measure shall be submitted to the people as provided for in this
 
18 section.
 
19      If the original referendum measure is approved, any law
 
20 repealed or amended through the legislative process under this
 
21 section shall be deemed repealed on the effective date of the
 
22 original referendum measure.
 
23      The chief election officer shall phrase the exact question
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1 that is to be printed on the ballot for all referendum measures
 
 2 subject to this section and for all repealed or amended laws
 
 3 enacted through the legislative process under this section.  All
 
 4 measures shall be submitted to the people in such a form that a
 
 5 "yes" vote, on a yes or no ballot, shall indicate an affirmative
 
 6 vote for the measure as the measure is written.
 
 7      All referendum measures and all laws repealed or amended
 
 8 under this section shall be subject to the publication and public
 
 9 inspection provisions of Sections 2 and 3 of Article XVII.
 
10      A referendum measure shall be deemed approved only if
 
11 approved by a majority of the votes cast on the question.  If two
 
12 or more conflicting referendum measures shall be approved by the
 
13 people at the same election, then the measure receiving the
 
14 highest number of votes shall prevail.
 
15      The veto power of the governor shall not extend to
 
16 referendum measures approved by the people.
 
17      Any referendum measure which is approved by the people,
 
18 subject to any conditions specified in the measure, shall become
 
19 effective ten calendar days after certification of the results of
 
20 the election by the chief election officer, or if so specified in
 
21 the referendum measure, at a date subsequent thereto.
 
22      A referendum measure which is not approved by the people or
 
23 which is approved but does not receive the highest number of
 

 
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 1 votes shall not be resubmitted to the people in either the same
 
 2 or substantially the same form, as determined by the attorney
 
 3 general, either affirmatively or negatively, for a period of four
 
 4 years.  No referendum measure approved by the people shall be
 
 5 repealed or amended by the legislature within a period of two
 
 6 years after its approval, except by a two-thirds vote of the
 
 7 members to which each house of the legislature is entitled or
 
 8 through a subsequent vote of the people.
 
 9      The petition initiators and circulators shall bear all costs
 
10 and expenses of the preparation and circulation of a referendum
 
11 petition, except for the services performed by the attorney
 
12 general under this section.  After the petition has been
 
13 submitted to the chief election officer, all further costs and
 
14 expenses, except costs and expenses related to any judicial
 
15 review under this section, shall be part of the usual
 
16 expenditures of the State.
 
17      Nothing contained in this section shall be deemed to apply
 
18 to the referendum process for ordinances of the counties or other
 
19 political subdivisions of this State.  Procedures for referendum
 
20 processes relating to ordinances of the counties or other
 
21 political subdivisions of this State shall be determined solely
 
22 by the charter, ordinances and rules of each county or other
 
23 political subdivision.
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1      Nothing contained in this section or section A of this
 
 2 article shall be construed as precluding the legislature, the
 
 3 governor, or any agency of the State or the council, the mayor or
 
 4 any agency of a county from conducting advisory referenda on
 
 5 proposed laws, ordinances or rules or other matters of public
 
 6 policy or interest within the general powers, duties or functions
 
 7 of the body, officer or agency.  Procedures for conducting
 
 8 advisory referenda shall be determined by the appropriate body,
 
 9 officer or agency."
 
10      SECTION 3.  Article III, section 1, of the Constitution of
 
11 the State of Hawaii is amended to read as follows:
 
12                        "LEGISLATIVE POWER
 
13      Section 1.  The legislature shall consist of two houses, a
 
14 senate and a house of representatives.  The legislative power of
 
15 the State shall be vested in a legislature[, which shall consist
 
16 of two houses, a senate and a house of representatives.  Such
 
17 power], but the people reserve to themselves the powers of
 
18 initiative and referendum as set forth in Article II, Sections A
 
19 and C.  The legislative power and, except as otherwise specified
 
20 in Article II, Sections A and C, the powers of initiative and
 
21 referendum shall extend to all rightful subjects of legislation
 
22 not inconsistent with this constitution or the Constitution of
 
23 the United States."
 

 
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                                     H.B. NO.           
                                                        
                                                        


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


 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 bill
 
 6 is enacted, it shall pass at least one reading in the house in
 
 7 which the bill originated."
 
 8      SECTION 6.  Article III, section 16, of the Constitution of
 
 9 the State of Hawaii is amended to read as follows:
 
10                         "APPROVAL OR VETO
 
11      Section 16.  [Every] Except as provided herein, every bill
 
12 which shall have passed the legislature shall be certified by the
 
13 presiding officers and clerks of both houses and shall thereupon
 
14 be presented to the governor.  If the governor approves it, the
 
15 governor shall sign it and it shall become law.  If the governor
 
16 does not approve such bill, the governor may return it, with the
 
17 governor's objections to the legislature.  Except for items
 
18 appropriated to be expended by the judicial and legislative
 
19 branches, the governor may veto any specific item or items in any
 
20 bill which appropriates money for specific purposes by striking
 
21 out or reducing the same; but the governor shall veto other
 
22 bills, if at all, only as a whole.
 
23      The governor shall have ten days to consider bills presented
 

 
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                                     H.B. NO.           
                                                        
                                                        


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

 
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                                     H.B. NO.           
                                                        
                                                        


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

 
Page 38                                        601         
                                     H.B. NO.           
                                                        
                                                        


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

 
Page 39                                        601         
                                     H.B. NO.           
                                                        
                                                        


 1      reserve to the people:
 
 2      (1)  The power of initiative, which is the power to propose
 
 3           state laws and enact or reject state laws, or to
 
 4           propose revisions of or amendments to the Constitution
 
 5           and then approve or reject the proposed revisions of or
 
 6           amendments to the Constitution, subject to prior
 
 7           consideration by the legislature;
 
 8      (2)  The power to recall (remove from office) elected public
 
 9           officers of the State; and
 
10      (3)  The referendum power, which is the power of the people
 
11           to reject or amend laws enacted by the legislature?"
 
12      SECTION 11.  Constitutional material to be repealed is
 
13 bracketed.  New constitutional material is underscored.
 
14      SECTION 12.  These amendments shall take effect upon
 
15 compliance with article XVII, section 3, of the Constitution of
 
16 the State of Hawaii.
 
17 
 
18                           INTRODUCED BY:_________________________