Establishes a constitution revision commission within the office of the attorney general to examine the state constitution and develop prospective changes for public ratification. Establishes a procedure for the appointment of members. Appropriates funds. Effective 12/1/02.

A BILL FOR AN ACT

SECTION 1. The legislature finds that Hawaii's constitution was ratified by the people of the State with the understanding that society is dynamic and ever-changing and that knowledge is constantly being created. Since its ratification, Hawaii's constitution has been reexamined during two successive constitutional conventions held in 1968 and 1978. The constitutional changes recommended by the delegates to these conventions were placed before the electorate for possible ratification during statewide elections conducted subsequent to the adjournment of each convention.

The legislature believes that the constitution needs to be reviewed for possible amendments. However, the expense of financing a formal constitutional convention at this juncture represents an obvious drawback. The legislature believes that instead of a constitutional convention, a constitution revision commission should be established consisting of members appointed to conduct a comprehensive review of the state constitution.

The commission, consisting of legal scholars, constitutional experts, and members of the public, would undertake the tasks and hold public hearings not unlike that of a formal convention. The constitutional amendments proposed by the commission would then be reviewed by the legislature, and, if passed by the legislature, placed before the electorate for possible ratification.

This system is substantially identical to the system of charter revision commissions used effectively by the counties for years.

SECTION 2. Hawaii state constitution revision commission; establishment; appointment of members. (a) There is established within the office of the attorney general for administrative purposes a temporary commission known as the Hawaii constitution revision commission, hereinafter referred to as the "commission". The commission shall consist of fifteen members to be appointed by the governor; provided that:

(b) Members of the commission shall be appointed on the basis of their knowledge of and expertise in constitutional principles and state and local government; their experience in service to the people and community; and their knowledge of the social, political, and economic conditions of society and the State. The commission shall convene upon the appointment of all members.

(c) The commission shall elect a chairperson from among its members. Members shall serve without compensation but shall be reimbursed for actual expenses incurred in the performance of their duties.

SECTION 3. Powers and duties. (a) The commission shall convene for the purpose of:

(b) The commission may enter into contracts with consultants and appoint staff necessary to perform its duties, without regard to chapters 76 and 77, Hawaii Revised Statutes. Departments of the state government shall make available to the commission such data and facilities as are necessary for it to perform its duties.

(c) The commission may receive grants, gifts, bequests, donations, and appropriations and may expend all funds received in the foregoing manner to reimburse members, compensate staff, and carry out its duties.

(d) The commission shall report all findings and recommendations, including proposed changes to the constitution, to the legislature no later than twenty days prior to the convening of the regular session of 2003.

(e) The commission shall cease to exist after the completion of its findings and recommendations.

SECTION 4. Ratification election. All constitutional revisions and amendments developed by the commission and passed by the legislature shall be submitted to the electorate at the general election of 2004.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii for fiscal year 2002-2003, the sum of $          , or so much thereof as may be necessary, to the office of the attorney general for defraying the expenses of the constitution revision commission.

SECTION 6. This Act shall take effect on December 1, 2002.