CONFERENCE COMMITTEE REP. NO. 107-22

Honolulu, Hawaii

, 2022

RE: S.B. No. 2347

S.D. 1

H.D. 1

C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sirs:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2347, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CONSTITUTIONAL AMENDMENTS,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to:

(1) Require the language and meaning of any proposed constitutional amendment and ratification question to be simple, concise, and direct to the extent practicable; and

(2) Allow the presiding officers of the Legislature to request a written opinion of the Supreme Court regarding the legality of a proposed constitutional amendment and ratification question.

Your Committee on Conference finds that constitutional ratification questions should be posed in simple, concise, and direct language. Your Committee on Conference further finds that it is an appropriate exercise of the powers of the Hawaii Supreme Court to issue written opinions on the legality of a proposed constitutional ratification question when requested by the presiding officers of the Legislature. This measure provides a mechanism to ensure that the legality of constitutional ratification questions are addressed by the highest court in the State.

Your Committee on Conference has amended this measure by:

(1) Requiring the Hawaii Supreme Court to provide a written opinion in response to written request from the President of the Senate or Speaker of the House of Representatives within fifteen days instead of ten days;

(2) Clarifying provisions requiring the Hawaii Supreme Court to include detailed and specific explanations in a written opinion provided in response to a written request to be consistent with statutory language providing for the content of the written opinion; and

(3) Making it effective upon its approval.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 2347, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2347, S.D. 1, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ MARK M. NAKASHIMA Co-Chair	____________________________ KARL RHOADS Chair
____________________________ SCOTT Y. NISHIMOTO Co-Chair	____________________________ GILBERT S.C. KEITH-AGARAN Co-Chair