REPORT TITLE:
Unicameral Legislature


DESCRIPTION:
Proposes constitutional amendments to provide for a unicameral
legislature to be known as the house of representatives
commencing after the general election in November, 2002,
consisting of 51 members serving 4-year staggered terms.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2592
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE LEGISLATURE.



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

 1      SECTION 1.  Currently, the state legislature is comprised of
 
 2 two houses that operate independently.  This bicameral
 
 3 legislative structure provides a system of checks and balances to
 
 4 facilitate legislative deliberation, provide safeguards against
 
 5 the passage of carelessly drafted legislation, and promote
 
 6 openness in government by affording citizens more opportunities
 
 7 to express their opinions.  In recent years, however, the system
 
 8 has become extremely cumbersome and inefficient.
 
 9      The existing bicameral system is replete with duplication in
 
10 committee structure, staffing, and legislation introduced.
 
11 Procedures and policies differ, sometimes substantially, between
 
12 the two houses, making it time-consuming, confusing, and more
 
13 difficult for citizen participation.  Moreover, the two houses
 
14 often take diametrically-opposed positions on significant issues,
 
15 typically resulting in inaction or in important and controversial
 
16 decisions being made in conference committees, where special
 
17 interests can be more effective than in the more open,
 
18 deliberative processes of the standing committees.
 

 
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 1      A unicameral legislature would eliminate unnecessary
 
 2 duplication and would provide better citizen access to the
 
 3 legislative process.  Conversion to a unicameral system would
 
 4 result in immediate cost-savings as the total number of
 
 5 legislators, staffing, and legislative measures would decrease.
 
 6      The purpose of this Act is to amend the Constitution of the
 
 7 State of Hawaii to:
 
 8      (1)  Change the legislature from a bicameral legislature
 
 9           with a house of representatives and a senate to a
 
10           unicameral legislature with only one chamber, to be
 
11           known as the house of representatives, commencing after
 
12           the general election in November, 2002;
 
13      (2)  Change the total number of legislators from seventy-six
 
14           to fifty-one representatives representing fifty-one
 
15           single-member districts, who serve staggered terms of
 
16           four years each;
 
17      (3)  Change the composition of the reapportionment
 
18           commission to require four members each to be appointed
 
19           by the speaker and minority leader of the house of
 
20           representatives, with appointees choosing the ninth
 
21           member;
 
22      (4)  Provide that the house of representatives address only
 

 
 
 
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 1           fiscal measures in odd-numbered years and non-fiscal
 
 2           measures in even-numbered years, except as otherwise
 
 3           provided in the Constitution and except by a three-
 
 4           fifths vote to place a bill on the legislative agenda;
 
 5      (5)  Require advanced public notice of four working days
 
 6           before the holding of committee meetings or hearings,
 
 7           which may be waived by a two-thirds vote of all of the
 
 8           members of the committee; and
 
 9      (6)  Require that printed copies of bills in the form to be
 
10           passed be made available to representatives at least
 
11           three working days before a final vote is taken on the
 
12           bill.
 
13      SECTION 2.  Article I, section 23, of the Constitution of
 
14 the State of Hawaii is amended to read as follows:
 
15                             "MARRIAGE
 
16      Section 23.  The [legislature] house of representatives
 
17 shall have the power to reserve marriage to opposite-sex
 
18 couples."
 
19      SECTION 3.  Article III of the Constitution of the State of
 
20 Hawaii is amended to read as follows:
 
21                           "ARTICLE III
 
22            THE [LEGISLATURE] HOUSE OF REPRESENTATIVES
 

 
 
 
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                                     S.B. NO.           2592
                                                        
                                                        

 
 1                         LEGISLATIVE POWER
 
 2      Section 1.  [The] Commencing after the general election in
 
 3 November, 2002, the legislative power of the State shall be
 
 4 vested in a legislature, which shall consist of [two houses, a
 
 5 senate and a] one chamber and which shall be known as the house
 
 6 of representatives.  Such power shall extend to all rightful
 
 7 subjects of legislation not inconsistent with this constitution
 
 8 or the Constitution of the United States.
 
 9                      [COMPOSITION OF SENATE
 
10      Section 2.  The senate shall be composed of twenty-five
 
11 members, who shall be elected by the qualified voters of the
 
12 respective senatorial districts.  Until the next reapportionment
 
13 the senatorial districts and the number of senators to be elected
 
14 from each shall be as set forth in the Schedule.]
 
15              COMPOSITION OF HOUSE OF REPRESENTATIVES
 
16      Section [3.] 2.  The house of representatives shall be
 
17 composed of fifty-one members, who shall be elected by the
 
18 qualified voters of the respective single-member representative
 
19 districts.  [Until the next reapportionment, the] The
 
20 representative districts [and the number of representatives to be
 
21 elected from each] shall be as set forth [in the Schedule.] by
 
22 the reapportionment commission.
 

 
 
 
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 1                     ELECTION OF MEMBERS; TERM
 
 2      Section [4.] 3.  Each member of the [legislature] house of
 
 3 representatives shall be elected at an election.  If more than
 
 4 one candidate has been nominated for election to a seat in the
 
 5 [legislature,] house of representatives, the member occupying
 
 6 that seat shall be elected at a general election.  If a candidate
 
 7 nominated for a seat at a primary election is unopposed for that
 
 8 seat at the general election, the candidate shall be deemed
 
 9 elected at the primary election.  The term of office of a member
 
10 of the house of representatives shall be [two years and the term
 
11 of office of a member of the senate shall be] four years[.];
 
12 provided that of the representatives elected to the term
 
13 commencing after the general election in November, 2002, the
 
14 members of the house of representatives shall serve staggered
 
15 terms of office as provided in Article IV, Section 7 of this
 
16 constitution.  The term of a member of the [legislature] house of
 
17 representatives shall [begin]:
 
18      (1)  Begin on the day of the general election at which
 
19           elected or if elected at a primary election, on the day
 
20           of the general election immediately following the
 
21           primary election at which elected[.  For a member of
 
22           the house of representatives, the terms shall end on
 

 
 
 
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                                     S.B. NO.           2592
                                                        
                                                        

 
 1           the day of the general election immediately following
 
 2           the day the member's term commences.  For a member of
 
 3           the senate, the term shall end]; and
 
 4      (2)  End on the day of the second general election
 
 5           immediately following the day the member's term
 
 6           commences.
 
 7                             VACANCIES
 
 8      Section [5.] 4.  Any vacancy in the [legislature] house of
 
 9 representatives shall be filled for the unexpired term in such
 
10 manner as may be provided by law, or, if no provision be made by
 
11 law, by appointment by the governor for the unexpired term.
 
12                     QUALIFICATIONS OF MEMBERS
 
13      Section [6.] 5.  [No person shall be eligible to serve as a
 
14 member of the senate unless the person shall have been a resident
 
15 of the State for not less than three years, have attained the age
 
16 of majority and be a qualified voter of the senatorial district
 
17 from which the person seeks to be elected.]  No person shall be
 
18 eligible to serve as a member of the house of representatives
 
19 unless the person shall have been a resident of the State for not
 
20 less than three years, have attained the age of majority and be a
 
21 qualified voter of the representative district from which the
 
22 person seeks to be elected.
 

 
 
 
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 1                       PRIVILEGES OF MEMBERS
 
 2      Section [7.] 6.  No member of the [legislature] house of
 
 3 representatives shall be held to answer before any other tribunal
 
 4 for any statement made or action taken in the exercise of the
 
 5 member's legislative functions; and members of the [legislature
 
 6 shall,] house of representatives, in all cases except felony or
 
 7 breach of the peace, shall be privileged from arrest during their
 
 8 attendance at the sessions of [their respective houses,] the
 
 9 house of representatives and in going to and returning from the
 
10 same.
 
11                   DISQUALIFICATIONS OF MEMBERS
 
12      Section [8.] 7.  No member of the [legislature] house of
 
13 representatives shall hold any other public office under the
 
14 State, nor shall the member, during the term for which the member
 
15 is elected or appointed, be elected or appointed to any public
 
16 office or employment which shall have been created, or the
 
17 emoluments whereof shall have been increased, by legislative act
 
18 during such term.  The term "public offices", for the purposes of
 
19 this section, shall not include notaries public, reserve police
 
20 officers or officers of emergency organizations for civilian
 
21 defense or disaster relief.  The [legislature] house of
 
22 representatives may prescribe further disqualifications.
 

 
 
 
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 1                 SALARY; ALLOWANCES; COMMISSION ON
 
 2                        LEGISLATIVE SALARY
 
 3      Section [9.] 8.  The members of the [legislature] house of
 
 4 representatives shall receive allowances reasonably related to
 
 5 expenses as provided by law, and a salary prescribed by the
 
 6 commission on legislative salaries pursuant to this section which
 
 7 shall be payable in installments and at such times as provided by
 
 8 law.
 
 9      There shall be a commission on legislative salary, which
 
10 shall be appointed by the governor on or before November 30,
 
11 [1978,] 2002, and every eight years thereafter.  Not later than
 
12 the fortieth legislative day of the [1979] 2003 regular
 
13 legislative session and every eight years thereafter, the
 
14 commission shall submit to the [legislature] house of
 
15 representatives and the governor recommendations for a salary for
 
16 members of the [legislature,] house of representatives and then
 
17 dissolve.  The recommended salary submitted shall become
 
18 effective as provided in the recommendation unless the
 
19 [legislature] house of representatives disapproves the
 
20 recommendation by adoption of a [concurrent] resolution prior to
 
21 adjournment sine die of the legislative session in which the
 
22 recommendation is submitted or the governor disapproves the
 

 
 
 
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 1 recommendation by a message of disapproval transmitted to the
 
 2 [legislature] house of representatives prior to such adjournment.
 
 3 Any change in salary which becomes effective shall not apply to
 
 4 the [legislature] house of representatives to which the
 
 5 recommendation for the change in salary was submitted.
 
 6                             SESSIONS
 
 7      Section [10.] 9.  The [legislature] house of representatives
 
 8 shall convene annually in regular session at 10:00 o'clock a.m.
 
 9 on the third Wednesday in January.
 
10      [At the written request of two-thirds of the members to
 
11 which each house is entitled, the presiding officers of both
 
12 houses shall convene the legislature in special session.]  At the
 
13 written request of two-thirds of all of the members of the
 
14 [senate, the president of the senate] house of representatives,
 
15 the speaker shall convene the [senate] house of representatives
 
16 in special session for the purpose of carrying out its
 
17 responsibility established by Section 3 of Article VI[.] or for
 
18 other legislative business.  The governor may convene [both
 
19 houses or] the [senate alone] house of representatives in special
 
20 session.
 
21      Regular sessions shall be limited to a period of sixty days,
 
22 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] speaker of the house of representatives at the
 
 4 written request of two-thirds of all of the members [to which
 
 5 each house is entitled] of the house of representatives or may be
 
 6 granted by the governor.
 
 7      Each regular session shall be recessed for not less than
 
 8 five days at some period between the twentieth and fortieth days
 
 9 of the regular session.  The [legislature] house of
 
10 representatives shall determine the dates of the mandatory recess
 
11 by [concurrent] resolution.  Any session may be recessed by
 
12 [concurrent] resolution adopted by a majority of all of the
 
13 members [to which each house is entitled.] of the house of
 
14 representatives.  Saturdays, Sundays, holidays, the days in
 
15 mandatory recess and any days in recess pursuant to a
 
16 [concurrent] resolution shall be excluded in computing the number
 
17 of days of any session.
 
18      All sessions shall be held in the capital of the State.  In
 
19 case the capital shall be unsafe, the governor may direct that
 
20 any session be held at some other place.
 
21                           [ADJOURNMENT
 
22      Section 11.  Neither house shall adjourn during any session
 

 
 
 
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 1 of the legislature for more than three days, or sine die, without
 
 2 the consent of the other.]
 
 3            ORGANIZATION; DISCIPLINE; RULES; PROCEDURE
 
 4      Section [12.] 10.  [Each house] The house of representatives
 
 5 shall be the judge of the elections, returns and qualifications
 
 6 of its [own] members and shall have, for misconduct, disorderly
 
 7 behavior or neglect of duty of any member, power to punish such
 
 8 member by censure or, upon a two-thirds vote of all the members
 
 9 [to which such house is entitled,] of the house of
 
10 representatives, by suspension or expulsion of such member.
 
11 [Each house] The house of representatives shall choose its [own]
 
12 officers, determine the rules of its proceedings and keep a
 
13 journal.  The ayes and noes of the members on any question
 
14 [shall], at the desire of one-fifth of the members present, shall
 
15 be entered upon the journal.
 
16      Twenty days after a bill has been referred to a committee in
 
17 [either house,] the house of representatives, the bill may be
 
18 recalled from [such] that committee by the affirmative vote of
 
19 one-third of all of the members [to which such house is
 
20 entitled.] of the house of representatives.
 
21      Every meeting or hearing of a committee in [either house or
 
22 of a committee comprised of a member or members from both houses]
 

 
 
 
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 1 the house of representatives held for the purpose of making
 
 2 decision on matters referred to the committee shall be open to
 
 3 the public[.]; provided that the public shall receive advanced
 
 4 public notice of four working days before the holding of any such
 
 5 committee meeting or hearing, which may be waived by a two-thirds
 
 6 vote of all of the members of the committee.  In computing the
 
 7 number of working days in this paragraph, the following days
 
 8 shall be excluded:  Saturdays, Sundays, holidays and any days in
 
 9 which the house of representatives is in recess prior to its
 
10 adjournment.
 
11      By rule of its proceedings, [applicable to both houses, each
 
12 house] the house of representatives shall provide for the date by
 
13 which all bills to be considered in a regular session shall be
 
14 introduced.
 
15                   QUORUM; COMPULSORY ATTENDANCE
 
16      Section [13.] 11.  A majority of [the number of] all of the
 
17 members [to which each house is entitled] of the house of
 
18 representatives shall constitute a quorum [of such house] for the
 
19 conduct of ordinary business, of which quorum a majority vote
 
20 shall suffice; but the final passage of a bill in [each house]
 
21 the house of representatives shall require the vote of a majority
 
22 of all the members [to which such house is entitled,] of the
 

 
 
 
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 1 house of representatives, taken by ayes and noes and entered upon
 
 2 its journal.  A smaller number than a quorum may adjourn from day
 
 3 to day and may compel the attendance of absent members in such
 
 4 manner and under such penalties as [each house] the house of
 
 5 representatives may provide.
 
 6                         BILLS; ENACTMENT
 
 7      Section [14.] 12.  No law shall be passed except by bill.
 
 8 Each law shall embrace but one subject, which shall be expressed
 
 9 in its title.  The enacting clause of each law shall be, "Be it
 
10 enacted by the [legislature] house of representatives of the
 
11 State of Hawaii."
 
12                         PASSAGE OF BILLS
 
13      Section [15.] 13.  No bill shall become law unless it shall
 
14 pass three readings in [each house] the house of representatives
 
15 on separate days.  No bill shall pass third or final reading [in
 
16 either house] unless printed copies of the bill in the form to be
 
17 passed shall have been made available to the members of [that
 
18 house] the house of representatives for at least [forty-eight
 
19 hours.] three working days before a final vote is taken on any
 
20 such bill.  In computing the number of working days designated in
 
21 this paragraph, the following days shall be excluded:  Saturdays,
 
22 Sundays, holidays and any days in which the house of
 

 
 
 
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 1 representatives is in recess prior to its adjournment.
 
 2      [Every bill when passed by the house in which it originated,
 
 3 or in which amendments thereto shall have originated, shall
 
 4 immediately be certified by the presiding officer and clerk and
 
 5 sent to the other house for consideration.
 
 6      Any] In each regular session in an odd-numbered year, the
 
 7 house of representatives shall address only bills, resolutions,
 
 8 and other measures relating to the budget or other fiscal
 
 9 matters.  In each regular session in an even-numbered year,
 
10 except as provided in Article VII, Section 9, of this
 
11 constitution, the house of representatives shall address only
 
12 non-fiscal measures.  A three-fifths vote of the house of
 
13 representatives shall be required to place a bill on the
 
14 legislative agenda in any regular session if the subject matter
 
15 of that bill does not conform to the requirements of this
 
16 paragraph.  Subject to the subject matter restrictions contained
 
17 in this paragraph, any bill pending at the final adjournment of a
 
18 regular session in an odd-numbered year shall carry over with the
 
19 same status to the next regular session.  [Before the carried-
 
20 over bill is enacted, it shall pass at least one reading in the
 
21 house in which the bill originated.]
 
22                         APPROVAL OR VETO
 

 
 
 
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 1      Section [16.] 14.  Every bill which shall have passed the
 
 2 [legislature] house of representatives shall be certified by the
 
 3 [presiding officers and clerks of both houses] speaker and the
 
 4 clerk of the house of representatives and shall thereupon be
 
 5 presented to the governor.  If the governor approves it, the
 
 6 governor shall sign it and it shall become law.  If the governor
 
 7 does not approve such bill, the governor may return it, with the
 
 8 governor's objections to the [legislature.] house of
 
 9 representatives.  Except for items appropriated to be expended by
 
10 the judicial and legislative branches, the governor may veto any
 
11 specific item or items in any bill which appropriates money for
 
12 specific purposes by striking out or reducing the same; but the
 
13 governor shall veto other bills, if at all, only as a whole.
 
14      The governor shall have ten days to consider bills presented
 
15 to the governor ten or more days before the adjournment of the
 
16 [legislature] house of representatives sine die, and if any such
 
17 bill is neither signed nor returned by the governor within that
 
18 time, it shall become law in like manner as if the governor had
 
19 signed it.
 
20                 RECONSIDERATION AFTER ADJOURNMENT
 
21      The governor shall have forty-five days, after the
 
22 adjournment of the [legislature] house of representatives sine
 

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

 
 
 
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                                     S.B. NO.           2592
                                                        
                                                        

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

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

 
 
 
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                                     S.B. NO.           2592
                                                        
                                                        

 
 1 paragraph, the [legislature] house of representatives may provide
 
 2 for the manner and procedure of removal by impeachment of such
 
 3 officers.
 
 4      The [legislature] house of representatives shall by law
 
 5 provide for the manner and procedure of removal by impeachment of
 
 6 the appointive officers.
 
 7      Judgments in cases of impeachment shall not extend beyond
 
 8 removal from office and disqualification to hold and enjoy any
 
 9 office of honor, trust or profit under the State; but the person
 
10 convicted may nevertheless be liable and subject to indictment,
 
11 trial, judgment and punishment as provided by law."
 
12      SECTION 4.  Article IV, section 1, of the Constitution of
 
13 the State of Hawaii is amended to read as follows:
 
14                      "REAPPORTIONMENT YEARS
 
15      Section 1.  The year [1973, the year 1981,] 2001 and every
 
16 tenth year thereafter shall be reapportionment years."
 
17      SECTION 5.  Article IV, section 2, of the Constitution of
 
18 the State of Hawaii is amended to read as follows:
 
19                    "REAPPORTIONMENT COMMISSION
 
20      Section 2.  A reapportionment commission shall be
 
21 constituted on or before May 1 of each reapportionment year and
 
22 whenever reapportionment is required by court order.  The
 

 
 
 
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 1 commission shall consist of nine members.  The [president of the
 
 2 senate and the] speaker of the house of representatives and the
 
 3 minority leader shall each select [two] four members.  [Members
 
 4 of each house belonging to the party or parties different from
 
 5 that of the president or the speaker shall designate one of their
 
 6 number for each house and the two so designated shall each select
 
 7 two members of the commission.]  The eight members so selected,
 
 8 promptly after selection, shall be certified by the selecting
 
 9 authorities to the chief election officer and within thirty days
 
10 thereafter, shall select, by a vote of six members, and promptly
 
11 certify to the chief election officer the ninth member who shall
 
12 serve as chairperson of the commission.
 
13      Each of the four officials designated above as selecting
 
14 authorities for the eight members of the commission, at the time
 
15 of the commission selections, shall also select one person from
 
16 each basic island unit to serve on an apportionment advisory
 
17 council for that island unit.  The councils shall remain in
 
18 existence during the life of the commission and each shall serve
 
19 in an advisory capacity to the commission for matters affecting
 
20 its island unit.
 
21      A vacancy in the commission or a council shall be filled by
 
22 the initial selecting authority within fifteen days after the
 

 
 
 
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 1 vacancy occurs.  Commission and council positions and vacancies
 
 2 not filled within the times specified shall be filled promptly
 
 3 thereafter by the supreme court.
 
 4      The commission shall act by majority vote of its membership
 
 5 and shall establish its own procedures, except as may be provided
 
 6 by law.
 
 7      Not more than one hundred fifty days from the date on which
 
 8 its members are certified, the commission shall file with the
 
 9 chief election officer a reapportionment plan for the state
 
10 [legislature] house of representatives and a reapportionment plan
 
11 for the United States congressional districts which shall become
 
12 law after publication as provided by law.  Members of the
 
13 commission shall hold office until each reapportionment plan
 
14 becomes effective or until such time as may be provided by law.
 
15      No member of the reapportionment commission or an
 
16 apportionment advisory council shall be eligible to become a
 
17 candidate for election to [either house of] the [legislature]
 
18 state house of representatives or to the United States House of
 
19 Representatives in either of the first two elections under any
 
20 such reapportionment plan.
 
21      Commission and apportionment advisory council members shall
 
22 be compensated and reimbursed for their necessary expenses as
 

 
 
 
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 1 provided by law.
 
 2      The chief election officer shall be secretary of the
 
 3 commission without vote and, under the direction of the
 
 4 commission, shall furnish all necessary technical services.  The
 
 5 [legislature] house of representatives shall appropriate funds to
 
 6 enable the commission to carry out its duties."
 
 7      SECTION 6.  Article IV, section 4, of the Constitution of
 
 8 the State of Hawaii is amended to read as follows:
 
 9              "APPORTIONMENT AMONG BASIC ISLAND UNITS
 
10      Section 4.  The commission shall allocate the total number
 
11 of members of [each house of] the state [legislature] house of
 
12 representatives being reapportioned among the four basic island
 
13 units, namely:  (1) the island of Hawaii, (2) the islands of
 
14 Maui, Lanai, Molokai and Kahoolawe, (3) the island of Oahu and
 
15 all other islands not specifically enumerated, and (4) the
 
16 islands of Kauai and Niihau, using the total number of permanent
 
17 residents in each of the basic island units and computed by the
 
18 method known as the method of equal proportions; except that no
 
19 basic island unit shall receive less than one member [in each
 
20 house]."
 
21      SECTION 7.  Article IV, section 5, of the Constitution of
 
22 the State of Hawaii is repealed.
 

 
 
 
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                                     S.B. NO.           2592
                                                        
                                                        

 
 1          ["MINIMUM REPRESENTATION FOR BASIC ISLAND UNITS
 
 2      Section 5.  The representation of any basic island unit
 
 3 initially allocated less than a minimum of two senators and three
 
 4 representatives shall be augmented by allocating thereto the
 
 5 number of senators or representatives necessary to attain such
 
 6 minimums which number, notwithstanding the provisions of Sections
 
 7 2 and 3 of Article III shall be added to the membership of the
 
 8 appropriate body until the next reapportionment.  The senators or
 
 9 representatives of any basic island unit so augmented shall
 
10 exercise a fractional vote wherein the numerator is the number
 
11 initially allocated and the denominator is the minimum above
 
12 specified."]
 
13      SECTION 8.  Article IV, section 6, of the Constitution of
 
14 the State of Hawaii is amended to read as follows:
 
15             "APPORTIONMENT WITHIN BASIC ISLAND UNITS
 
16      Section [6.] 5.  Upon the determination of the total number
 
17 of members of [each house of] the state [legislature] house of
 
18 representatives to which each basic island unit is entitled, the
 
19 commission shall apportion the members among the districts
 
20 therein and shall redraw district lines where necessary in such
 
21 manner that for each house the average number of permanent
 
22 residents per member in each district is as nearly equal to the
 

 
 
 
Page 24                                                    
                                     S.B. NO.           2592
                                                        
                                                        

 
 1 average for the basic island unit as practicable.
 
 2      In effecting such redistricting, the commission shall be
 
 3 guided by the following criteria:
 
 4      1.  No district shall extend beyond the boundaries of any
 
 5 basic island unit.
 
 6      2.  No district shall be so drawn as to unduly favor a
 
 7 person or political faction.
 
 8      3.  Except in the case of districts encompassing more than
 
 9 one island, districts shall be contiguous.
 
10      4.  Insofar as practicable, districts shall be compact.
 
11      5.  Where possible, district lines shall follow permanent
 
12 and easily recognized features, such as streets, streams and
 
13 clear geographical features, and, when practicable, shall
 
14 coincide with census tract boundaries.
 
15      [6.  Where practicable, representative districts shall be
 
16 wholly included within senatorial districts.
 
17      7.] 6.  Not more than [four members] one member shall be
 
18 elected from any district.
 
19      [8.] 7.  Where practicable, submergence of an area in a
 
20 larger district wherein substantially different socio-economic
 
21 interests predominate shall be avoided."
 
22      SECTION 9.  Article IV, section 7, of the Constitution of
 

 
 
 
Page 25                                                    
                                     S.B. NO.           2592
                                                        
                                                        

 
 1 the State of Hawaii is amended to read as follows:
 
 2              "ELECTION OF [SENATORS] REPRESENTATIVES
 
 3                       AFTER REAPPORTIONMENT
 
 4      Section [7.] 6.  Regardless of whether or not a [senator]
 
 5 representative is serving a term which would have extended past
 
 6 the general election at which an apportionment plan becomes
 
 7 effective, the term of office of all [senators] representatives
 
 8 shall end at that general election.  The staggered terms of
 
 9 [senators] representatives in each district shall be recomputed
 
10 as established by the next section in this article, and the
 
11 number of [senators] representatives in a [senatorial]
 
12 representative district under the reapportionment plan of the
 
13 commission."
 
14      SECTION 10.  Article IV, section 8, of the Constitution of
 
15 the State of Hawaii is amended to read as follows:
 
16                 "STAGGERED TERMS FOR THE [SENATE]
 
17                     HOUSE OF REPRESENTATIVES
 
18      Section [8.] 7.  Any re-elected [senator] representative
 
19 whose prior term was shortened to two years by the occurrence of
 
20 the reapportionment year [shall], after reapportionment, shall be
 
21 assigned to serve a four-year term.  Any new [senator]
 
22 representative and re-elected [senator] representative whose
 

 
 
 
Page 26                                                    
                                     S.B. NO.           2592
                                                        
                                                        

 
 1 prior term was not shortened by the occurrence of the
 
 2 reapportionment year [shall], after reapportionment, shall be
 
 3 assigned to serve a two-year term.
 
 4      If the number of [senators] representatives assigned to
 
 5 serve a two-year term under the previous paragraph exceeds
 
 6 [twelve,] twenty-five, the number of such [senators]
 
 7 representatives shall be reduced to [twelve] twenty-five by
 
 8 random selection as provided by law."
 
 9      SECTION 11.  Article V, section 6, of the Constitution of
 
10 the State of Hawaii is amended to read as follows:
 
11               "EXECUTIVE AND ADMINISTRATIVE OFFICES
 
12                          AND DEPARTMENTS
 
13      Section 6.  All executive and administrative offices,
 
14 departments and instrumentalities of the state government and
 
15 their respective powers and duties shall be allocated by law
 
16 among and within not more than twenty principal departments in
 
17 such a manner as to group the same according to common purposes
 
18 and related functions.  Temporary commissions or agencies for
 
19 special purposes may be established by law and need not be
 
20 allocated within a principal department.
 
21      Each principal department shall be under the supervision of
 
22 the governor and, unless otherwise provided in this constitution
 

 
 
 
Page 27                                                    
                                     S.B. NO.           2592
                                                        
                                                        

 
 1 or by law, shall be headed by a single executive.  Such single
 
 2 executive shall be nominated and, by and with the advice and
 
 3 consent of the [senate,] house of representatives, appointed by
 
 4 the governor.  That person shall hold office for a term to expire
 
 5 at the end of the term for which the governor was elected, unless
 
 6 sooner removed by the governor; except that the removal of the
 
 7 chief legal officer of the State shall be subject to the advice
 
 8 and consent of the [senate.] house of representatives.
 
 9      Except as otherwise provided in this constitution, whenever
 
10 a board, commission or other body shall be the head of a
 
11 principal department of the state government, the members thereof
 
12 shall be nominated and, by and with the advice and consent of the
 
13 [senate,] house of representatives, appointed by the governor.
 
14 The term of office and removal of such members shall be as
 
15 provided by law.  Such board, commission or other body may
 
16 appoint a principal executive officer who, when authorized by
 
17 law, may be an ex officio, voting member thereof, and who may be
 
18 removed by a majority vote of the members appointed by the
 
19 governor.
 
20      The governor shall nominate and, by and with the advice and
 
21 consent of the [senate,] house of representatives, appoint all
 
22 officers for whose election or appointment provision is not
 

 
 
 
Page 28                                                    
                                     S.B. NO.           2592
                                                        
                                                        

 
 1 otherwise provided for by this constitution or by law.  If the
 
 2 manner or removal of an officer is not prescribed in this
 
 3 constitution, removal shall be as provided by law.
 
 4      When the [senate] house of representatives is not in session
 
 5 and a vacancy occurs in any office, appointment to which requires
 
 6 the confirmation of the [senate,] house of representatives, the
 
 7 governor may fill the office by granting a commission which shall
 
 8 expire, unless such appointment is confirmed, at the end of the
 
 9 next session of the [senate.] house of representatives.  The
 
10 person so appointed shall not be eligible for another interim
 
11 appointment to such office if the appointment failed to be
 
12 confirmed by the [senate.] house of representatives.
 
13      No person who has been nominated for appointment to any
 
14 office and whose appointment has not received the consent of the
 
15 [senate] house of representatives shall be eligible to an interim
 
16 appointment thereafter to such office.
 
17      Every officer appointed under [the provisions of] this
 
18 section shall be a citizen of the United States and shall have
 
19 been a resident of this State for at least one year immediately
 
20 preceding that person's appointment, except that this residency
 
21 requirement shall not apply to the president of the University of
 
22 Hawaii."
 

 
 
 
Page 29                                                    
                                     S.B. NO.           2592
                                                        
                                                        

 
 1      SECTION 12.  Article VI, section 3, of the Constitution of
 
 2 the State of Hawaii is amended to read as follows:
 
 3                "APPOINTMENT OF JUSTICES AND JUDGES
 
 4      Section 3.  The governor, with the consent of the [senate,]
 
 5 house of representatives, shall fill a vacancy in the office of
 
 6 the chief justice, supreme court, intermediate appellate court
 
 7 and circuit courts, by appointing a person from a list of not
 
 8 less than four, and not more than six, nominees for the vacancy,
 
 9 presented to the governor by the judicial selection commission.
 
10      If the governor fails to make any appointment within thirty
 
11 days of presentation, or within ten days of the [senate's] house
 
12 of representatives' rejection of any previous appointment, the
 
13 appointment shall be made by the judicial selection commission
 
14 from the list with the consent of the [senate.] house of
 
15 representatives.  If the [senate] house of representatives fails
 
16 to reject any appointment within thirty days thereof, it shall be
 
17 deemed to have given its consent to such appointment.  If the
 
18 [senate] house of representatives shall reject any appointment,
 
19 the governor shall make another appointment from the list within
 
20 ten days thereof.  The same appointment and consent procedure
 
21 shall be followed until a valid appointment has been made, or
 
22 failing this, the commission shall make the appointment from the
 

 
 
 
Page 30                                                    
                                     S.B. NO.           2592
                                                        
                                                        

 
 1 list, without [senate] the consent[.] of the house of
 
 2 representatives.
 
 3      The chief justice, with the consent of the [senate,] house
 
 4 of representatives, shall fill a vacancy in the district courts
 
 5 by appointing a person from a list of not less than six nominees
 
 6 for the vacancy presented by the judicial commission.  If the
 
 7 chief justice fails to make the appointment within thirty days of
 
 8 presentation, or within ten days of the [senate's] house of
 
 9 representatives' rejection of any previous appointment, the
 
10 appointment shall be made by the judicial selection commission
 
11 from the list with the consent of the [senate.] house of
 
12 representatives.  The [senate] house of representatives must hold
 
13 a public hearing and vote on each appointment within thirty days
 
14 of any appointment.  If the [senate] house of representatives
 
15 fails to do so, the nomination shall be returned to the
 
16 commission and the commission shall make the appointment from the
 
17 list without [senate] the consent[.] of the house of
 
18 representatives.  The chief justice shall appoint per diem
 
19 district court judges as provided by law.
 
20                  QUALIFICATIONS FOR APPOINTMENT
 
21      Justices and judges shall be residents and citizens of the
 
22 State and of the United States, and licensed to practice law by
 

 
 
 
Page 31                                                    
                                     S.B. NO.           2592
                                                        
                                                        

 
 1 the supreme court.  A justice of the supreme court, a judge of
 
 2 the intermediate appellate court and a judge of the circuit court
 
 3 shall have been so licensed for a period of not less than ten
 
 4 years preceding nomination.  A judge of the district court shall
 
 5 have been so licensed for a period of not less than five years
 
 6 preceding nomination.
 
 7      No justice or judge shall, during the term of office, engage
 
 8 in the practice of law, or run for or hold any other office or
 
 9 position of profit under the United States, the State or its
 
10 political subdivisions.
 
11                 TENURE; COMPENSATION; RETIREMENT
 
12      The term of office of justices and judges of the supreme
 
13 court, intermediate appellate court and circuit courts shall be
 
14 ten years.  Judges of district courts shall hold office for the
 
15 periods as provided by law.  At least six months prior to the
 
16 expiration of a justice's or judge's term of office, every
 
17 justice and judge shall petition the judicial selection
 
18 commission to be retained in office or shall inform the
 
19 commission of an intention to retire.  If the judicial selection
 
20 commission determines that the justice or judge should be
 
21 retained in office, the commission shall renew the term of office
 
22 of such justice or judge for the period provided by this section
 

 
 
 
Page 32                                                    
                                     S.B. NO.           2592
                                                        
                                                        

 
 1 or by law.
 
 2      There shall be a salary commission to review and recommend
 
 3 salaries for justices and judges of all state courts.  Justices
 
 4 and judges shall have salaries as provided by law.  Their
 
 5 compensation shall not be decreased during their respective terms
 
 6 of office, unless by general law applying to all salaried
 
 7 officers of the State.  They shall be retired upon attaining the
 
 8 age of seventy years.  They shall be included in any retirement
 
 9 law of the State."
 
10      SECTION 13.  Article VI, section 4, of the Constitution of
 
11 the State of Hawaii is amended to read as follows:
 
12                  "JUDICIAL SELECTION COMMISSION
 
13      Section 4.  There shall be a judicial selection commission
 
14 that shall consist of nine members.  The governor shall appoint
 
15 two members to the commission.  No more than one of the two
 
16 members shall be a licensed attorney.  The [president of the
 
17 senate and the] speaker of the house of representatives shall
 
18 [each respectively] appoint [two] four members to the commission.
 
19 The chief justice of the supreme court shall appoint one member
 
20 to the commission.  Members in good standing of the bar of the
 
21 State shall elect two of their number to the commission in an
 
22 election conducted by the supreme court or its delegate.  No more
 

 
 
 
Page 33                                                    
                                     S.B. NO.           2592
                                                        
                                                        

 
 1 than four members of the commission shall be licensed attorneys.
 
 2 At all times, at least one member of the commission shall be a
 
 3 resident of a county other than the City and County of Honolulu.
 
 4      The commission shall be selected and shall operate in a
 
 5 wholly nonpartisan manner.  After the initial formation of the
 
 6 commission, elections and appointments to the commission shall be
 
 7 for staggered terms of six years each.  Notwithstanding the
 
 8 foregoing, no member of the commission shall serve for more than
 
 9 six years on the commission.
 
10      Each member of the judicial selection commission shall be a
 
11 resident of the State and a citizen of the United States.  No
 
12 member shall run for or hold any other elected office under the
 
13 United States, the State or its political subdivisions.  No
 
14 member shall take an active part in political management or in
 
15 political campaigns.  No member shall be eligible for appointment
 
16 to the judicial office of the State so long as the person is a
 
17 member of the judicial commission and for a period of three years
 
18 thereafter.
 
19      No act of the judicial selection commission shall be valid
 
20 except by concurrence of the majority of its voting members.
 
21      The judicial selection commission shall select one of its
 
22 members to serve as chairperson.  The commission shall adopt
 

 
 
 
Page 34                                                    
                                     S.B. NO.           2592
                                                        
                                                        

 
 1 rules which shall have the force and effect of law.  The
 
 2 deliberations of the commission shall be confidential.
 
 3      The [legislature] house of representatives shall provide for
 
 4 the staff and operating expenses of the judicial selection
 
 5 commission in a separate budget.  No member of the judicial
 
 6 selection commission shall receive any compensation for
 
 7 commission services, but shall be allowed necessary expenses for
 
 8 travel, board and lodging incurred in the performance of
 
 9 commission duties.
 
10      The judicial selection commission shall be attached to the
 
11 judiciary branch of the state government for purposes of
 
12 administration."
 
13      SECTION 14.  Article VII, section 9, of the Constitution of
 
14 the State of Hawaii is amended to read as follows:
 
15             "LEGISLATIVE APPROPRIATIONS; PROCEDURES;
 
16                        EXPENDITURE CEILING
 
17      Section 9.  In each regular session in an odd-numbered year,
 
18 the [legislature] house of representatives shall transmit to the
 
19 governor an appropriation bill or bills providing for the
 
20 anticipated total expenditures of the State for the ensuing
 
21 fiscal biennium.  In such session, no appropriation bill, except
 
22 bills recommended by the governor for immediate passage, or to
 

 
 
 
Page 35                                                    
                                     S.B. NO.           2592
                                                        
                                                        

 
 1 cover the expenses of the [legislature,] house of
 
 2 representatives, shall be passed on final reading until the bill
 
 3 authorizing operating expenditures for the ensuing fiscal
 
 4 biennium, to be known as the general appropriations bill, shall
 
 5 have been transmitted to the governor.
 
 6      In each regular session in an even-numbered year, at such
 
 7 time as may be provided by law, the governor may submit to the
 
 8 [legislature] house of representatives a bill to amend any
 
 9 appropriation for operating expenditures of the current fiscal
 
10 biennium, to be known as the supplemental appropriations bill,
 
11 and bills to amend any appropriations for capital expenditures of
 
12 the current fiscal biennium, and at the same time the governor
 
13 shall submit a bill or bills to provide for any added revenues or
 
14 borrowings that such amendments may require.  In each regular
 
15 session in an even-numbered year, bills may be introduced in the
 
16 [legislature] house of representatives to amend any appropriation
 
17 act or bond authorization act of the current fiscal biennium or
 
18 prior fiscal periods.  In any such session in which the
 
19 [legislature] house of representatives submits to the governor a
 
20 supplemental appropriations bill, no other appropriation bill,
 
21 except bills recommended by the governor for immediate passage,
 
22 or to cover the expenses of the [legislature,] house of
 

 
 
 
Page 36                                                    
                                     S.B. NO.           2592
                                                        
                                                        

 
 1 representatives, shall be passed on final reading until such
 
 2 supplemental appropriations bill shall have been transmitted to
 
 3 the governor.
 
 4                 GENERAL FUND EXPENDITURE CEILING
 
 5      Notwithstanding any other provision to the contrary, the
 
 6 [legislature] house of representatives shall establish a general
 
 7 fund expenditure ceiling which shall limit the rate of growth of
 
 8 general fund appropriations, excluding federal funds received by
 
 9 the general fund, to the estimated rate of growth of the State's
 
10 economy as provided by law.  No appropriations in excess of such
 
11 ceiling shall be authorized during any legislative session unless
 
12 the [legislature shall,] house of representatives, by a two-
 
13 thirds vote of [the] its members [to which each house of the
 
14 legislature is entitled], shall set forth the dollar amount and
 
15 the rate by which the ceiling will be exceeded and the reasons
 
16 therefor."
 
17      SECTION 15.  Article VII, section 10, of the Constitution of
 
18 the State of Hawaii is amended to read as follows:
 
19                             "AUDITOR
 
20      Section 10.  The [legislature,] house of representatives, by
 
21 a majority vote of [each house in joint session,] its members,
 
22 shall appoint an auditor who shall serve for a period of eight
 

 
 
 
Page 37                                                    
                                     S.B. NO.           2592
                                                        
                                                        

 
 1 years and thereafter until a successor shall have been appointed.
 
 2 The [legislature,] house of representatives, by a two-thirds vote
 
 3 of [the] its members [in joint session], may remove the auditor
 
 4 from office at any time for cause.  It shall be the duty of the
 
 5 auditor to conduct post-audits of the transactions, accounts,
 
 6 programs and performance of all departments, offices and agencies
 
 7 of the State and its political subdivisions, to certify to the
 
 8 accuracy of all financial statements issued by the respective
 
 9 accounting officers and to report the auditor's findings and
 
10 recommendations to the governor and to the [legislature] house of
 
11 representatives at such times as shall be provided by law.  The
 
12 auditor shall also make such additional reports and conduct such
 
13 other investigations as may be directed by the [legislature.]
 
14 house of representatives."
 
15      SECTION 16.  Article VII, section 12, of the Constitution of
 
16 the State of Hawaii is amended to read as follows:
 
17              "DEFINITIONS; ISSUANCE OF INDEBTEDNESS
 
18      Section 12.  For the purposes of this article: 
 
19      1.  The term "bonds" shall include bonds, notes and other
 
20 instruments of indebtedness.
 
21      2.  The term "general obligation bonds" means all bonds for
 
22 the payment of the principal and interest of which the full faith
 

 
 
 
Page 38                                                    
                                     S.B. NO.           2592
                                                        
                                                        

 
 1 and credit of the State or a political subdivision are pledged
 
 2 and, unless otherwise indicated, includes reimbursable general
 
 3 obligation bonds.
 
 4      3.  The term "net revenues" or "net user tax receipts" means
 
 5 the revenues or receipts derived from:
 
 6      a.  A public undertaking, improvement or system remaining
 
 7          after the costs of operation, maintenance and repair of
 
 8          the public undertaking, improvement or system, and the
 
 9          required payments of the principal of and interest on
 
10          all revenue bonds issued therefor, have been made; or
 
11      b.  Any payments or return on security under a loan program
 
12          or a loan thereunder, after the costs of operation and
 
13          administration of the loan program, and the required
 
14          payments of the principal of and interest on all revenue
 
15          bonds issued therefor, have been made.
 
16      4.  The term "person" means an individual, firm,
 
17 partnership, corporation, association, cooperative or other legal
 
18 entity, governmental body or agency, board, bureau or other
 
19 instrumentality thereof, or any combination of the foregoing.
 
20      5.  The term "rates, rentals and charges" means all revenues
 
21 and other moneys derived from the operation or lease of a public
 
22 undertaking, improvement or system, or derived from any payments
 

 
 
 
Page 39                                                    
                                     S.B. NO.           2592
                                                        
                                                        

 
 1 or return on security under a loan program or a loan thereunder;
 
 2 provided that insurance premium payments, assessments and
 
 3 surcharges, shall constitute rates, rentals and charges of a
 
 4 state property insurance program.
 
 5      6.  The term "reimbursable general obligation bonds" means
 
 6 general obligation bonds issued for a public undertaking,
 
 7 improvement or system from which revenues, or user taxes, or a
 
 8 combination of both, may be derived for the payment of the
 
 9 principal and interest as reimbursement to the general fund and
 
10 for which reimbursement is required by law, and, in the case of
 
11 general obligation bonds issued by the State for a political
 
12 subdivision, general obligation bonds for which the payment of
 
13 the principal and interest as reimbursement to the general fund
 
14 is required by law to be made from the revenue of the political
 
15 subdivision.
 
16      7.  The term "revenue bonds" means all bonds payable from
 
17 the revenues, or user taxes, or any combination of both, of a
 
18 public undertaking, improvement, system or loan program and any
 
19 loan made thereunder and secured as may be provided by law,
 
20 including a loan program to provide loans to a state property
 
21 insurance program providing hurricane insurance coverage to the
 
22 general public.
 

 
 
 
Page 40                                                    
                                     S.B. NO.           2592
                                                        
                                                        

 
 1      8.  The term "special purpose revenue bonds" means all bonds
 
 2 payable from rental or other payments made to an issuer by a
 
 3 person pursuant to contract and secured as may be provided by
 
 4 law.
 
 5      9.  The term "user tax" means a tax on goods or services or
 
 6 on the consumption thereof, the receipts of which are
 
 7 substantially derived from the consumption, use or sale of goods
 
 8 and services in the utilization of the functions or services
 
 9 furnished by a public undertaking, improvement or system;
 
10 provided that mortgage recording taxes shall constitute user
 
11 taxes of a state property insurance program.
 
12      The [legislature,] house of representatives, by a majority
 
13 vote of [the] its members [to which each house is entitled],
 
14 shall authorize the issuance of all general obligation bonds,
 
15 bonds issued under special improvement statutes and revenue bonds
 
16 issued by or on behalf of the State and shall prescribe by
 
17 general law the manner and procedure for such issuance.  The
 
18 [legislature] house of representatives by general law shall
 
19 authorize political subdivisions to issue general obligation
 
20 bonds, bonds issued under special improvement statutes and
 
21 revenue bonds and shall prescribe the manner and procedure for
 
22 such issuance.  All such bonds issued by or on behalf of a
 

 
 
 
Page 41                                                    
                                     S.B. NO.           2592
                                                        
                                                        

 
 1 political subdivision shall be authorized by the governing body
 
 2 of such political subdivision.
 
 3      Special purpose revenue bonds shall only be authorized or
 
 4 issued to finance facilities of or for, or to loan the proceeds
 
 5 of such bonds to assist:
 
 6      1.  Manufacturing, processing or industrial enterprises;
 
 7      2.  Utilities serving the general public;
 
 8      3.  Health care facilities provided to the general public by
 
 9          not-for-profit corporations;
 
10      4.  Early childhood education and care facilities provided
 
11          to the general public by not-for-profit corporations; or
 
12      5.  Low and moderate income government housing programs,
 
13          each of which is hereinafter referred to in this
 
14          paragraph as a special purpose entity.
 
15      The [legislature,] house of representatives, by a two-thirds
 
16 vote of [the] its members [to which each house is entitled], may
 
17 enact enabling legislation for the issuance of special purpose
 
18 revenue bonds separately for each special purpose entity, and, by
 
19 a two-thirds vote of [the] its members [to which each house is
 
20 entitled] and by separate legislative bill, may authorize the
 
21 State to issue special purpose revenue bonds for each single
 
22 project or multi-project program of each special purpose entity;
 

 
 
 
Page 42                                                    
                                     S.B. NO.           2592
                                                        
                                                        

 
 1 provided that the issuance of such special purpose revenue bonds
 
 2 is found to be in the public interest by the [legislature.] house
 
 3 of representatives.  The [legislature] house of representatives
 
 4 may enact enabling legislation to authorize political
 
 5 subdivisions to issue special purpose revenue bonds.  If so
 
 6 authorized, a political subdivision by a two-thirds vote of the
 
 7 members to which its governing body is entitled and by separate
 
 8 ordinance may authorize the issuance of special purpose revenue
 
 9 bonds for each single project or multi-project program of each
 
10 special purpose entity; provided that the issuance of such
 
11 special purpose revenue bonds is found to be in the public
 
12 interest by the governing body of the political subdivision.  No
 
13 special purpose revenue bonds shall be secured directly or
 
14 indirectly by the general credit of the issuer or by any revenues
 
15 or taxes of the issuer other than receipts derived from payments
 
16 by a person under contract or from any security for such contract
 
17 or special purpose revenue bonds and no moneys other than such
 
18 receipts shall be applied to the payment thereof.  The governor
 
19 shall provide the [legislature] house of representatives in
 
20 November of each year with a report on the cumulative amount of
 
21 all special purpose revenue bonds authorized and issued, and such
 
22 other information as may be necessary."
 

 
 
 
Page 43                                                    
                                     S.B. NO.           2592
                                                        
                                                        

 
 1      SECTION 17.  Article VII, section 13, of the Constitution of
 
 2 the State of Hawaii is amended to read as follows:
 
 3                      "DEBT LIMIT; EXCLUSIONS
 
 4      Section [13.] 11.  General obligation bonds may be issued by
 
 5 the State; provided that such bonds at the time of issuance would
 
 6 not cause the total amount of principal and interest payable in
 
 7 the current or any future fiscal year, whichever is higher, on
 
 8 such bonds and on all outstanding general obligation bonds to
 
 9 exceed:  a sum equal to twenty percent of the average of the
 
10 general fund revenues of the State in the three fiscal years
 
11 immediately preceding such issuance until June 30, 1982; and
 
12 thereafter, a sum equal to eighteen and one-half percent of the
 
13 average of the general fund revenues of the State in the three
 
14 fiscal years immediately preceding such issuance.  Effective July
 
15 1, 1980, the [legislature] house of representatives shall include
 
16 a declaration of findings in every general law authorizing the
 
17 issuance of general obligation bonds that the total amount of
 
18 principal and interest, estimated for such bonds and for all
 
19 bonds authorized and unissued and calculated for all bonds issued
 
20 and outstanding, will not cause the debt limit to be exceeded at
 
21 the time of issuance.  Any bond issue by or on behalf of the
 
22 State may exceed the debt limit if an emergency condition is
 

 
 
 
Page 44                                                    
                                     S.B. NO.           2592
                                                        
                                                        

 
 1 declared to exist by the governor and concurred to by a two-
 
 2 thirds vote of the members [to which each house] of the
 
 3 [legislature is entitled.] house of representatives.  For the
 
 4 purpose of this paragraph, general fund revenues of the State
 
 5 shall not include moneys received as grants from the federal
 
 6 government and receipts in reimbursement of any reimbursable
 
 7 general obligation bonds which are excluded as permitted by this
 
 8 section.
 
 9      A sum equal to fifteen percent of the total of the assessed
 
10 values for tax rate purposes of real property in each political
 
11 subdivision, as determined by the last tax assessment rolls
 
12 pursuant to law, is established as the limit of the funded debt
 
13 of such political subdivision that is outstanding and unpaid at
 
14 any time.
 
15      All general obligation bonds for a term exceeding two years
 
16 shall be in serial form maturing in substantially equal
 
17 installments of principal, or maturing in substantially equal
 
18 installments of both principal and interest.  The first
 
19 installment of principal of general obligation bonds and of
 
20 reimbursable general obligation bonds shall mature not later than
 
21 five years from the date of issue of such series.  The last
 
22 installment on general obligation bonds shall mature not later
 

 
 
 
Page 45                                                    
                                     S.B. NO.           2592
                                                        
                                                        

 
 1 than twenty-five years from the date of such issue and the last
 
 2 installment on general obligation bonds sold to the federal
 
 3 government, on reimbursable general obligation bonds and on bonds
 
 4 constituting instruments of indebtedness under which the State or
 
 5 a political subdivision incurs a contingent liability as a
 
 6 guarantor shall mature not later than thirty-five years from the
 
 7 date of such issue.  The interest and principal payments of
 
 8 general obligation bonds shall be a first charge on the general
 
 9 fund of the State or political subdivision, as the case may be.
 
10      In determining the power of the State to issue general
 
11 obligation bonds or the funded debt of any political subdivision
 
12 under section 12, the following shall be excluded:
 
13      1.  Bonds that have matured, or that mature in the then
 
14 current fiscal year, or that have been irrevocably called for
 
15 redemption and the redemption date has occurred or will occur in
 
16 the then fiscal year, or for the full payment of which moneys or
 
17 securities have been irrevocably set aside.
 
18      2.  Revenue bonds, if the issuer thereof is obligated by law
 
19 to impose rates, rentals and charges for the use and services of
 
20 the public undertaking, improvement or system or the benefits of
 
21 a loan program or a loan thereunder or to impose a user tax, or
 
22 to impose a combination of rates, rentals and charges and user
 

 
 
 
Page 46                                                    
                                     S.B. NO.           2592
                                                        
                                                        

 
 1 tax, as the case may be, sufficient to pay the cost of operation,
 
 2 maintenance and repair, if any, of the public undertaking,
 
 3 improvement or system or the cost of maintaining a loan program
 
 4 or a loan thereunder and the required payments of the principal
 
 5 of and interest on all revenue bonds issued for the public
 
 6 undertaking, improvement or system or loan program, and if the
 
 7 issuer is obligated to deposit such revenues or tax or a
 
 8 combination of both into a special fund and to apply the same to
 
 9 such payments in the amount necessary therefor.
 
10      3.  Special purpose revenue bonds, if the issuer thereof is
 
11 required by law to contract with a person obligating such person
 
12 to make rental or other payments to the issuer in an amount at
 
13 least sufficient to make the required payment of the principal of
 
14 and interest on such special purpose revenue bonds.
 
15      4.  Bonds issued under special improvement statutes when the
 
16 only security for such bonds is the properties benefited or
 
17 improved or the assessments thereon.
 
18      5.  General obligation bonds issued for assessable
 
19 improvements, but only to the extent that reimbursements to the
 
20 general fund for the principal and interest on such bonds are in
 
21 fact made from assessment collections available therefor.
 
22      6.  Reimbursable general obligation bonds issued for a
 

 
 
 
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 1 public undertaking, improvement or system but only to the extent
 
 2 that reimbursements to the general fund are in fact made from the
 
 3 net revenue, or net user tax receipts, or combination of both, as
 
 4 determined for the immediately preceding fiscal year.
 
 5      7.  Reimbursable general obligation bonds issued by the
 
 6 State for any political subdivision, whether issued before or
 
 7 after the effective date of this section, but only for as long as
 
 8 reimbursement by the political subdivision to the State for the
 
 9 payment of principal and interest on such bonds is required by
 
10 law; provided that in the case of bonds issued after the
 
11 effective date of this section, the consent of the governing body
 
12 of the political subdivision has first been obtained; and
 
13 provided further that during the period that such bonds are
 
14 excluded by the State, the principal amount then outstanding
 
15 shall be included within the funded debt of such political
 
16 subdivision.
 
17      8.  Bonds constituting instruments of indebtedness under
 
18 which the State or any political subdivision incurs a contingent
 
19 liability as a guarantor, but only to the extent the principal
 
20 amount of such bonds does not exceed seven percent of the
 
21 principal amount of outstanding general obligation bonds not
 
22 otherwise excluded under this section; provided that the State or
 

 
 
 
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 1 political subdivision shall establish and maintain a reserve in
 
 2 an amount in reasonable proportion to the outstanding loans
 
 3 guaranteed by the State or political subdivision as provided by
 
 4 law.
 
 5      9.  Bonds issued by or on behalf of the State or by any
 
 6 political subdivision to meet appropriations for any fiscal
 
 7 period in anticipation of the collection of revenues for such
 
 8 period or to meet casual deficits or failures of revenue, if
 
 9 required to be paid within one year, and bonds issued by or on
 
10 behalf of the State to suppress insurrection, to repel invasion,
 
11 to defend the State in war or to meet emergencies caused by
 
12 disaster or act of God.
 
13      The total outstanding indebtedness of the State or funded
 
14 debt of any political subdivision and the exclusions therefrom
 
15 permitted by this section shall be made annually and certified by
 
16 law or as provided by law.  For the purposes of section 12 and
 
17 this section, amounts received from on-street parking may be
 
18 considered and treated as revenues of a parking undertaking.
 
19      Nothing in section 12 or in this section shall prevent the
 
20 refunding of any bond at any time."
 
21      SECTION 18.  Article X, section 6, of the Constitution of
 
22 the State of Hawaii is amended to read as follows:
 

 
 
 
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                                     S.B. NO.           2592
                                                        
                                                        

 
 1                     "BOARD OF REGENTS; POWERS
 
 2      Section 6.  There shall be a board of regents of the
 
 3 University of Hawaii, the members of which shall be nominated
 
 4 and, by and with the advice and consent of the [senate,] house of
 
 5 representatives, appointed by the governor.  At least part of the
 
 6 membership of the board shall represent geographic subdivisions
 
 7 of the State.  The board shall have the power, as provided by
 
 8 law, to formulate policy, and to exercise control over the
 
 9 university through its executive officer, the president of the
 
10 university, who shall be appointed by the board; except that the
 
11 board shall have exclusive jurisdiction over the internal
 
12 organization and management of the university.  This section
 
13 shall not limit the power of the [legislature] house of
 
14 representatives to enact laws of statewide concern."
 
15      SECTION 19.  Article XI, section 8, of the Constitution of
 
16 the State of Hawaii is amended to read as follows:
 
17                          "NUCLEAR ENERGY
 
18      Section 8.  No nuclear fission power plant shall be
 
19 constructed or radioactive material disposed of in the State
 
20 without the prior approval by a two-thirds vote [in each house]
 
21 of the [legislature.] members of the house of representatives."
 
22      SECTION 20.  Article XVI, section 4, of the Constitution of
 

 
 
 
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                                     S.B. NO.           2592
                                                        
                                                        

 
 1 the State of Hawaii is amended to read as follows:
 
 2                          "OATH OF OFFICE
 
 3      Section 4.  All eligible public officers, before entering
 
 4 upon the duties of their respective offices, shall take and
 
 5 subscribe to the following oath or affirmation:  "I do solemnly
 
 6 swear (or affirm) that I will support and defend the Constitution
 
 7 of the United States, and the Constitution of the State of
 
 8 Hawaii, and that I will faithfully discharge my duties as ... to
 
 9 the best of my ability."  As used in this section, "eligible
 
10 public officers" means the governor, the lieutenant governor, the
 
11 members of [both houses of] the [legislature,] house of
 
12 representatives, the members of the board of education, the
 
13 members of the national guard, State or county employees who
 
14 possess police powers, district court judges, and all those whose
 
15 appointment requires the consent of the [senate.] house of
 
16 representatives."
 
17      SECTION 21.  Article XVII, section 3, of the Constitution of
 
18 the State of Hawaii is amended to read as follows:
 
19               "AMENDMENTS PROPOSED BY [LEGISLATURE]
 
20                     HOUSE OF REPRESENTATIVES
 
21      Section 3.  The [legislature] house of representatives may
 
22 propose amendments to the constitution by adopting the same, in
 

 
 
 
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 1 the manner required for legislation, by a two-thirds vote [of
 
 2 each house] on final reading at any session, after [either or
 
 3 both houses] the house of representatives shall have given the
 
 4 governor at least ten days' written notice of the final form of
 
 5 the proposed amendment, or, with or without such notice, by a
 
 6 majority vote [of each house] on final reading at each of two
 
 7 successive sessions.
 
 8      Upon such adoption, the proposed amendments shall be entered
 
 9 upon the journals, with the ayes and noes, and published once in
 
10 each of four successive weeks in at least one newspaper of
 
11 general circulation in each [senatorial] representative district
 
12 wherein such a newspaper is published, within the two months'
 
13 period immediately preceding the next general election.
 
14      At such general election the proposed amendments shall be
 
15 submitted to the electorate for approval or rejection upon a
 
16 separate ballot.
 
17      The conditions of and requirements for ratification of such
 
18 proposed amendments shall be the same as provided in section 2 of
 
19 this article for ratification at a general election."
 
20      SECTION 22.  Article XVIII, section 3, of the Constitution
 
21 of the State of Hawaii is amended to read as follows:
 
22            "SALARIES OF [LEGISLATORS] REPRESENTATIVES
 

 
 
 
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                                     S.B. NO.           2592
                                                        
                                                        

 
 1      Section 3.  Until otherwise provided by law in accordance
 
 2 with Section 9 of Article III, the salary of each member of the
 
 3 [legislature] house of representatives shall be twelve thousand
 
 4 dollars a year."
 
 5      SECTION 23.  The question to be printed on the ballot shall
 
 6 be as follows:
 
 7      "Shall:
 
 8      (1)  The legislature be changed from a bicameral legislature
 
 9           with a house of representatives and a senate to a
 
10           unicameral legislature with only one chamber, to be
 
11           known as the house of representatives, commencing after
 
12           the general election in November, 2002;
 
13      (2)  The total number of legislators be changed from
 
14           seventy-six to fifty-one representatives representing
 
15           fifty-one single-member districts, who shall serve
 
16           staggered terms of four years each;
 
17      (3)  The composition of the reapportionment commission be
 
18           changed to provide that four members each shall be
 
19           appointed by the speaker and minority leader of the
 
20           house of representatives, with appointees choosing the
 
21           ninth member;
 
22      (4)  The house of representatives address only fiscal
 

 
 
 
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 1           measures in odd-numbered years and non-fiscal measures
 
 2           in even-numbered years, except as otherwise provided in
 
 3           the constitution and except by a three-fifths vote to
 
 4           place a bill on the legislative agenda;
 
 5      (5)  The public receive advanced public notice of four
 
 6           working days before the holding of committee meetings
 
 7           or hearings, which may be waived by a two-thirds vote
 
 8           of all of the members of the committee; and
 
 9      (6)  Printed copies of bills in the form to be passed be
 
10           made available to representatives at least three
 
11           working days before a final vote is taken on the bill?"
 
12      SECTION 24.  Constitutional material to be repealed is
 
13 bracketed.  New constitutional material is underscored.
 
14      SECTION 25.  This amendment shall take effect upon
 
15 compliance with article XVII, section 3, of the Constitution of
 
16 the State of Hawaii.
 
17 
 
18                           INTRODUCED BY:  _______________________
 
19 
 
20                                           _______________________