THE SENATE	S.C.R. NO.	10
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO CONDUCT A STUDY OF POTENTIAL POSITIVE AND NEGATIVE CONSEQUENCES OF IMPLEMENTING TERM LIMITS FOR MEMBERS OF THE LEGISLATURE.

WHEREAS, when the United States Supreme Court decided in Buckley v. Valeo, 424 U.S. 1 (1976), that certain campaign spending limits were unconstitutional, the ability of nonincumbents to challenge elected officials was substantially impaired; and

WHEREAS, in 1974, the year of the only Hawaii election that observed spending limits, twenty-two new members were elected to the House of Representatives and eight new members were elected to the Senate; in other words, forty-three percent of the representatives and thirty-two percent of the senators elected in 1974 were new to the Legislature; and

WHEREAS, fifteen States have imposed term limits on state legislators: Arizona, Arkansas, California, Colorado, Florida, Louisiana, Maine, Michigan, Missouri, Montana, Nebraska, Nevada, Ohio, Oklahoma, and South Dakota; and

WHEREAS, thirty-six states have imposed term limits on their governors; and

WHEREAS, thirty-three states have imposed term limits on their members in the United States Congress; and

WHEREAS, the legislatures of Idaho and Utah have repealed term limits on state legislators; and

WHEREAS, the supreme courts of Massachusetts, Oregon, Washington, and Wyoming have invalidated term limits on state legislators due to procedural concerns, and not the merits of the applicable laws; and

WHEREAS, the expenses for nonincumbents seeking election to the Legislature and the small chance of winning reduce the number of seriously contested races, which may increase voter apathy and undermine the entire foundation and process of representative democracy; now, therefore,

BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, the House of Representatives concurring, that the Legislative Reference Bureau is requested to conduct a study of potential positive and negative consequences of implementing term limits for members of the Legislature; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to report its findings to the Legislature no later than twenty days prior to the convening of the Regular Session of 2024; 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:

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Report Title:

Legislators; Senators; Representatives; Term Limits; Study