Bill Text: HI SB76 | 2012 | Regular Session | Introduced

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Bill Title: Constitutional Amendment; Citizen Assembly; Referendum

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB76 Detail]

Download: Hawaii-2012-SB76-Introduced.html

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THE SENATE	S.B. NO.	76
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

 

 

Proposing AMENDMENTs TO THE constitution of the state of hawaii to provide for a citizens assembly and to authorize the citizens assembly to propose constitutional and statutory revisions or amendments to the laws governing elections, political campaigns, campaign finance, ethics, referendum, reapportionment, legislative process, public access to information, and campaign finance, and to establish a referendum.

 

 

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

 

     SECTION 1.  The purpose of this Act is to propose amendments to the Constitution of the State of Hawaii to provide for a citizens assembly and to authorize the citizens assembly to propose constitutional and statutory revisions or amendments to the laws governing elections, political campaigns, campaign finance, ethics, referendum, reapportionment, legislative process, public access to information, and campaign finance, and to establish a referendum.

     SECTION 2.  The Constitution of the State of Hawaii is amended by adding a new article to be appropriately designated and to read as follows:

"ARTICLE II.A

Citizens Assembly

     Section 1.  There shall be established a citizens assembly to consider and propose constitutional and statutory revisions or amendments to the laws governing elections, political campaigns,  campaign finance, reapportionment, legislative process, ethics, and public access to information.

     The citizens assembly shall be composed of twenty‑five members who are registered voters in the State and who are selected at random from population categories that are broadly representative of the adult population of the State as to age, gender, ethnicity, socioeconomic status, and geographical distribution; provided that the method of selection of the members shall be as provided by law.

     The citizens assembly shall convene in each odd‑numbered year, starting in July, and shall disband after the next general election.

     Section 2.  The citizens assembly shall consider constitutional revisions or amendments upon request by the legislature by concurrent resolution.  The citizens assembly shall consider constitutional or statutory revisions or amendments relating only to the subjects of elections, political campaigns, campaign finance, reapportionment, legislative process, ethics, and public access to information.

     The citizens assembly shall provide the public with the opportunity to make recommendations to the citizens assembly, in writing, orally at public meetings, or by other means.

     Notwithstanding any provision in this constitution to the contrary, the citizens assembly may submit one or more proposals for the revision or amendment of statutory law or of this constitution, together with any related statutory changes, to the voters for approval by referendum in the manner as provided in this article.

     Upon the adoption of a proposed revision or amendment and within the two months immediately preceding the next general election, the proposed revision or amendment shall be published once in each of four successive weeks in at least one newspaper of general circulation in each senatorial district in which such a newspaper is published.

Referendum

     Section 3.  Referendum is the process of referring a proposal for the revision or amendment of statutory law or of this constitution, together with any related statutory changes, to the voters for final approval.

     Any proposal for the revision or amendment of statutory law or of this constitution, together with any related statutory changes, submitted by the citizens assembly to the voters for approval shall embrace but one subject, which shall be expressed in its title.

     Each proposal shall be submitted to the electorate for approval or rejection upon a separate ballot at the next general election.  The conditions of and requirements for ratification of a proposed revision or amendment shall be the same as provided in Section 2 of Article XVII, except that a revision or amendment shall be effective only if approved by two‑thirds of all the votes tallied upon the question.

     Section 4.  The provisions of this article shall be self-executing, but the legislature shall make the necessary appropriations and may enact legislation to facilitate their operation, including the method for the selection of the members of the citizen assembly."

     SECTION 3.  Article III, section 1, of the Constitution of the State of Hawaii is amended to read as follows:

"THE LEGISLATURE

LEGISLATIVE POWER

     Section 1.  The legislative power of the State shall be vested in a legislature, which shall consist of two houses, a senate and a house of representatives[.  Such power]; provided that the citizens assembly shall have the power to propose constitutional and statutory revisions or amendments to certain laws pursuant to article II.A.  The legislative power shall extend to all rightful subjects of legislation not inconsistent with this constitution or the Constitution of the United States."

     SECTION 4.  Article III, section 14, of the Constitution of the State of Hawaii is amended to read as follows:

"BILLS; ENACTMENT

     Section 14.  No law shall be passed by the legislature except by bill.  Each law shall embrace but one subject, which shall be expressed in its title.  The enacting clause of each law enacted by the legislature shall be, "Be it enacted by the legislature of the State of Hawaii.""

     SECTION 5.  Article XVII, section 1, of the Constitution of the State of Hawaii is amended to read as follows:

"METHODS OF PROPOSAL

     Section 1.  Revisions of or amendments to this constitution may be proposed by constitutional convention [or], by the legislature[.], or by the citizens assembly."

     SECTION 6.  Article XVII, section 4, of the Constitution of the State of Hawaii is amended to read as follows:

"VETO

     Section 4.  No proposal for amendment of the constitution adopted in either manner provided by this article or by referendum shall be subject to veto by the governor."

     SECTION 7.  Article XVII, section 5, of the Constitution of the State of Hawaii is amended to read as follows:

"CONFLICTING REVISIONS OR AMENDMENTS

     Section 5.  If a revision or amendment proposed by a constitutional convention is in conflict with a revision or amendment proposed by the legislature and both are submitted to the electorate at the same election and both are approved, then the revision or amendment proposed by the convention shall prevail.  If a revision or amendment proposed by the citizens assembly is in conflict with a revision or amendment proposed by the legislature and both are submitted to the electorate at the same election and both are approved, then the revision or amendment proposed by the citizens assembly shall prevail.  If a revision or amendment proposed by a constitutional convention is in conflict with a revision or amendment proposed by the citizens assembly and both are submitted to the electorate at the same election and both are approved, then the revision or amendment proposed by the convention shall prevail.  If conflicting revisions or amendments are proposed by the same body and are submitted to the electorate at the same election and both are approved, then the revision or amendment receiving the highest number of votes shall prevail."

     SECTION 8.  The question to be printed on the ballot shall be as follows:

     "Shall the state constitution be amended to provide for a citizens assembly and to authorize the citizens assembly to propose constitutional and statutory revisions or amendments to the laws governing elections, political campaigns,  campaign finance, reapportionment, legislative process, ethics, public access to information, and to establish referendum which is the process of referring a proposal for the revision or amendment of statutory law or of the state constitution, together with any related statutory changes, to the voters for final approval?"

     SECTION 9.  Constitutional material to be repealed is bracketed and stricken.  New constitutional material is underscored.

     SECTION 10.  This amendment shall take effect upon

compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Constitutional Amendment; Citizen Assembly; Referendum

 

Description:

Proposes a constitutional amendment to provide for a citizens assembly and to authorize the citizens assembly to propose constitutional and statutory revisions or amendments to the laws governing elections, political campaigns, campaign finance, ethics, referendum, reapportionment, legislative process, public access to information, and campaign finance, and to establish a referendum.

 

 

 

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