SB332.DOC

THE SENATE	S.B. NO.	332
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

proposing an amendment to article III, section 4, of the CONSTITUTION of the state of hawaii to impose term limits upon state representatives and senators.

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

SECTION 1. The purpose of this Act is to propose an amendment to article III, section 4, of the Constitution of the State of Hawaii to limit state representatives to six consecutive two-year terms and state senators to three consecutive four-year terms.

SECTION 2. 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 of office of a member of the house of representatives shall be two years [~~and the term of office of a member of the senate shall be four years.~~]; provided that: (1) beginning with terms commencing on the day of the general election of 2010, no member shall serve for more than six consecutive two-year terms; and (2) if there is a break in service between terms of at least four years, the service prior to the break shall not be counted and the tallying of the term limitation shall commence from the date of the new term. The term of office of a member of the senate shall be four years; provided that: (1) beginning with terms commencing on the day of the general election of 2010, no member shall serve for more than three consecutive four-year terms; and (2) if there is a break in service between terms of at least four years, the service prior to the break shall not be counted and the tallying of the term limitation shall commence from the date of the new term. For purposes of computing the term limits in this section, the following shall be considered to have served a full term of office: (1) any member of the senate whose term does not expire at the 2010 general election but who has two years remaining in the current term of office; and (2) any person appointed or elected to fill a vacancy in the legislature and who serves at least one-half of a term of office. 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 shall end on the day of the second general election immediately following the day the member's term commences."

SECTION 3. The question to be printed on the ballot shall be as follows:

"Shall state representatives be limited to serving six consecutive two-year terms, and shall state senators be limited to serving three consecutive four-year terms, beginning with terms commencing on the day of the general election of 2010; provided that a person may serve in the same position again if the person has been out of that office for at least four years?"

SECTION 4. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 5. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:	_____________________________