Report Title:

Term Limits; House of Representatives

 

Description:

Beginning with the general election of 2002: (1) changes the term of office of state representatives from 2 to staggered 4- year terms; and (2) limits representatives to 3 consecutive terms of office.

 

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1654

TWENTY-FIRST LEGISLATURE, 2001

  

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

proposing an amendment to article iii, section 4, and adding a new section to article xviiI of the Hawaii constitution to increase the term of office, provide for staggered terms, and establish term limits for members of the house of representatives.

 

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

SECTION 1. The purpose of this Act is to propose amendments to Article III, section 4, and add a new section to Article XVIII of the Constitution of the State of Hawaii, commencing on the day of the general election of 2002, to:

(1) Increase the term of office of members of the house of representatives from two years to four years;

(2) Provide for staggered terms for members of the house of representatives. The chief election officer must first certify the total number of votes statewide for all representatives in the 2002 general election. If the total number of statewide votes ends in an even number, all seats in even-numbered districts are assigned four-year terms, while seats in odd-numbered districts are assigned one two-year term followed by four-year terms beginning with the general election of 2004. The opposite result occurs if the total number of statewide votes for all representatives ends in an odd number; and

(3) Limit state representatives to three consecutive terms of office.

SECTION 2. Article XVIII of the Constitution of the State of Hawaii is amended by adding a new section to be appropriately designated and to read as follows:

"2002 HOUSE OF REPRESENTATIVES ELECTIONS

Section   . Article III, Section 4, to the contrary notwithstanding, the terms of office of the members of the house of representatives elected in the 2002 general election shall be staggered as follows. The chief election officer shall certify the total number of votes statewide for all representatives in the 2002 general election.

(1) If the total number of votes statewide ends in an even number, all house seats in districts ending in even numbers shall be assigned four-year terms. House seats in districts ending in odd numbers shall be assigned one two-year term, followed by four-year terms commencing on the day of the general election of 2004; and

(2) Alternatively, if the total number of votes statewide ends in an odd number, all house seats in districts ending in odd numbers shall be assigned four-year terms. House seats in districts ending in even numbers shall be assigned one two-year term, followed by four-year terms commencing on the day of the general election of 2004;

provided that, in the event of a multi-member house district, the representatives elected with the highest number of votes in that district shall serve four-year terms, while all others in that district shall be assigned one two-year term followed by four-year terms. For a member of the house of representatives with a two-year term, the term shall end on the day of the next general election held thereafter. For a member of the house of representatives with a four-year term, the term shall end on the day of the second general election held thereafter."

SECTION 3. Article III, section 4, of the Constitution of the State of Hawaii, is amended to read as follows:

"ELECTION OF MEMBERS; TERM

Section 4. Each member of the legislature shall be elected at an election. If more than one candidate has been nominated for election to a seat in the legislature, the member occupying that seat shall be elected at a general election. If a candidate nominated for a seat at a primary election is unopposed for that seat at the general election, the candidate shall be deemed elected at the primary election. The [term] terms of office of [a member] members of the [house of representatives shall be two years and the term of office of a member of the senate] legislature shall be four years[.]; provided that beginning with terms commencing on the day of the general election of 2002, no member of the house of representatives shall serve for more than three consecutive terms. For purposes of computing the term limits in this paragraph, any person appointed or elected to fill a vacancy in the house of representatives who serves at least one complete regular session and any special sessions during one calendar year shall be considered to have served a full term of office. Terms are considered consecutive unless there is a break in service between terms of a period that covers at least one regular session.

The term of a member of the legislature shall begin on the day of the general election at which elected or if elected at a primary election, on the day of the general election immediately following the primary election at which elected[. For a member of the house of representatives, the terms shall end on the day of the general election immediately following the day the member's term commences. For a member of the senate, the term] and shall end on the day of the second general election immediately following the day the member's term commences."

SECTION 4. The question to be printed on the ballot shall be as follows:

SECTION 5. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 6. This amendment shall take effect upon compliance with Article XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:

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