STAND. COM. REP. NO. 3028

Honolulu, Hawaii

RE: S.B. No. 2347

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 2347, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to facilitate voters' understanding of proposed constitutional amendments.

Specifically, the measure:

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

(2) Authorizes the presiding officers of the Legislature to request a written opinion of the Supreme Court of Hawaii regarding the legality of a proposed amendment to the Hawaii State Constitution and the corresponding constitutional ratification question;

(3) In response to an above-described request, requires the Supreme Court of Hawaii to:

(A) Provide a written opinion within one week of receipt of the request; and

(B) For any written opinion by the Supreme Court of Hawaii that invalidates a constitutional ratification question, provide a detailed and specific explanation of the reasons for the opinion; and

(4) Prohibits any appeal of a written opinion provided by the Supreme Court in response to an above-described request.

Your Committee received written comments in opposition to this measure from one individual.

Your Committee received written comments on this measure from the Judiciary.

Your Committee acknowledges the concerns expressed by the Judiciary regarding this measure. Nevertheless, your Committee finds merit in the measure's intent to ensure that constitutional amendments and constitutional ratification questions posed to voters be simple, concise, and direct.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2347, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

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DONOVAN M. DELA CRUZ, Chair