Report Title:
Referendum
Description:
Amends articles II, III, and XVII of the state constitution to provide for referendum.
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THE SENATE |
S.B. NO. |
886 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
PROPOSING AMENDMENTS TO ARTICLES II, III, AND XVII OF THE CONSTITUTION OF THE STATE OF HAWAII TO PROVIDE FOR REFERENDUM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to propose amendments to article II, article III and article XVII of the Constitution of the State of Hawaii to provide for referendum. The legislature finds that no method exists for referendum in Hawaii and that this political mechanism is in the best interest of the citizenry.
SECTION 2. Article II of the Constitution of the State of Hawaii is amended by adding a new section to be appropriately designated and to read:
"REFERENDUM
Section A. Referendum is the power of the people to approve or reject statutes or parts of statutes, by ballot. Referendum shall not be used to make or repeal any appropriation of public funds, or to make, amend or repeal the levy of taxes nor shall the referendum extend to any matter governed by collective bargaining contracts.
A voter referendum may be proposed by presenting to the chief election officer within ninety days after the enactment date of a statute, a petition asking that the statute or part of it be submitted for a referendum.
A referendum measure shall be certified for placement on the ballot by the chief election officer upon the submission of a petition signed by registered voters of the State equal in number to at least ten percent of the total number of voters who voted for the office of the governor in the last preceding general election for that office. That ten percent shall include at least ten percent of the total number of such voters in each of at least two counties of the State.
The referendum measure shall be phrased to require a "yes" or "no" response by the voter. The chief election officer shall submit the referendum measure at the next general election held at least thirty-one days after it is certified or at a special statewide election held prior to that general election. A referendum that is approved by a majority of voters shall take effect the day after the election unless the measure provides otherwise. If a referendum is filed against a part of a statute, the remainder shall not be delayed from becoming effective."
SECTION 3. Article III, section 1, of the Constitution of the State of Hawaii is amended to read as follows:
"LEGISLATIVE POWER
Section 1. The legislative power of the State shall be vested in a legislature, which shall consist of two houses, a senate and a house of representatives[. Such power], but the people reserve to themselves the powers of referendum as set forth in article II, section A. The legislative power and referendum power shall extend to all rightful subjects of legislation not inconsistent with this constitution or the Constitution of the United States."
SECTION 4. Article XVII, section 4, of the Constitution of the State of Hawaii is amended to read as follows:
"VETO
Section 4. No proposal for amendment of the constitution adopted in either manner provided by this article or by article II, section A on referendum, shall be subject to veto by the governor."
SECTION 5. The question to be printed on the ballot shall be as follows:
"Shall the State Constitution be amended to provide for referendum, which is the power of the people to approve or reject statutes or parts of statutes by ballot?"
SECTION 6. In codifying the new section added to article II of the Constitution of the State of Hawaii, by section 2 of this Act, the revisor of statutes shall substitute the appropriate section number for the letter used in the new section designation in this Act.
SECTION 7. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.
SECTION 8. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.
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INTRODUCED BY: |
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