SCR132

WHEREAS, pursuant to article XVII, section 2, of the Hawaii State Constitution:

(1) The Legislature may submit to the electorate at any general or special election the question, "Shall there be a convention to propose a revision of or amendments to the Constitution?"; and

(2) If any nine-year period elapses during which the question has not been submitted, the Lieutenant Governor must certify the question, to be voted on at the first general election following the expiration of such period; and

(3) If a majority of the ballots cast upon such a question are in the affirmative, delegates to the convention shall be chosen at the next regular election unless the Legislature provides for the election of delegates at a special election; and

WHEREAS, the last time the question of whether to convene a constitutional convention was placed on the ballot was 2008, and the electorate voted against convening a constitutional convention; and

WHEREAS, since at least nine years have elapsed since the question was last submitted, the electorate will vote at the November 6, 2018, general election on whether to convene a constitutional convention to propose a revision of or amendments to the state constitution; and

WHEREAS, if a majority of the ballots cast upon such a question are in the affirmative, delegates to the convention are to be chosen at the 2020 General Election unless the Legislature provides for the election of delegates at a special election; and

WHEREAS, the last constitutional convention was held forty years ago, in 1978; and

WHEREAS, the 1978 Constitutional Convention was held pursuant to the relevant constitutional provisions; Act 2, Session Laws of Hawaii 1976, which provided for submission of the ballot question of whether to hold the constitutional convention; and Act 17, Special Session Laws of Hawaii 1977, which provided for a special election of constitutional convention delegates held on May 20, 1978, and included operational specifications and requirements such as machinery for the election of delegates, delegates' compensation and other expenses, an update of the Constitutional Convention Studies, submission of the convention's work, and other convention preparations; and

WHEREAS, good governance, campaign finance, and open record laws have been enacted by the Legislature since the 1978 Constitutional Convention; and

WHEREAS, modern technology has drastically improved the way individuals research and share information, conduct business, and communicate with one another; and

WHEREAS, pursuant to article XVII, section 2, of the Hawaii State Constitution, the Legislature is required to provide for the number of delegates to the convention, the areas from which they shall be elected, and the manner in which the convention shall convene, as well as the necessary facilities and equipment for the convention; and

WHEREAS, also pursuant to article XVII, section 2, of the Hawaii State Constitution, a constitutional convention is required to have the same powers and privileges, as nearly as practicable, as provided for the 1978 Constitutional Convention; and

WHEREAS, prior to the 1978 Constitutional Convention, the Legislature provided a framework for the convention and, through Act 17, Special Session Laws of Hawaii 1977, appropriated $72,000 for the Legislative Reference Bureau to update the Constitutional Convention Studies in preparation for the 1978 Constitutional Convention; and

WHEREAS, the Hawaii Constitutional Convention Studies 1978, published by the Legislative Reference Bureau in May 1978, provided a thorough examination of the scope and limitations of the State's constitutional conventions; election, eligibility, disqualification, and ethical obligations of delegates; convention organization and daily procedures; and process of drafting and ratifying amendments to the state constitution; and

WHEREAS, given the four decades that have elapsed since the last constitutional convention and the many changes to good governance, campaign finance, and open record laws and the conduct of business that have occurred during that time, this body recognizes the opportunity to establish an improved framework for a potential constitutional convention that retains many of the same powers and privileges provided for the 1978 Constitutional Convention but does not merely duplicate the framework of previous constitutional conventions; and

WHEREAS, this body finds that a framework for a potential constitutional convention that considers constitutional convention proceedings and studies of the past and opportunities for cost savings, improved proceedings, and protection of the best interests of the State in any resultant constitutional amendments, would be informative to voters as they consider whether to support a potential constitutional convention; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2018, the House of Representatives concurring, that the Legislative Reference Bureau is requested to develop a recommended framework for a potential constitutional convention; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to use the state constitution, 1978 Constitutional Convention, and other constitutional convention proceedings and studies as models for a framework for a potential constitutional convention; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to include the following within the framework for a potential constitutional convention:

(1) The applicability of existing and desirable good governance, campaign finance, and open records laws and the agencies that implement such laws, including but not limited to:

(A) The existing requirement for constitutional convention delegates to adhere to the code of ethics adopted by the constitutional convention; and

(B) A prohibition on any campaign contributions from persons who are not residents of the State;

(2) Geographic distribution of candidates based on current district apportionment;

(3) The applicability of the Sunshine Law to constitutional convention meetings;

(4) The availability of Internet and modern technology to stream meetings and the potential use of current applications to enable people from the neighbor islands to testify via computer; and

(5) Existing resources to reduce costs, including use of the State Capitol meeting rooms and auditorium, Legislative Reference Bureau, and other support staff, if the constitutional convention is held during the legislative interim; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is also requested to:

(1) Summarize how amendments have the potential to make substantive and procedural changes to the state constitution, including methods for making any changes to procedures for electing delegates;

(2) Summarize how the 1978 Constitutional Convention operated, including:

(A) The eligibility criteria to be a delegate, the election process for delegates, the number of delegates who attended, and whether there was a geographic distribution of delegate seats that ensured statewide representation;

(B) The process and location of meetings and the length of time the constitutional convention operated;

(C) The means by which the delegates drafted and selected the questions to be placed on the 1978 General Election ballot for ratification;

(D) The list of questions on the ballot and the questions voted for and against by the electorate; and

(E) The voter turnout on the constitutional convention amendments in the 1978 General Election; and

(3) The operational cost of convening the 1978 Constitutional Convention and a projected cost of convening a constitutional convention in 2020 adjusting for inflation using the Consumer Price Index; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to submit a report of the recommended framework for a proposed constitutional convention to the Legislature no later than October 1, 2018; and

BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Director of the Legislative Reference Bureau.

	OFFERED BY:	_____________________________

Report Title:

Constitutional Convention; Legislative Reference Bureau

THE SENATE	S.C.R. NO.	132
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII