Hawaii Constitution
Introduction
Intro §0 | INTRO
The Constitution has since been amended a number of times in accordance with proposals adopted by the legislature or by constitutional convention and ratified by the people. The source of these amendments is indicated in the source notes immediately following the text of the amended or new section.
Intro §1 | REVISION NOTE
In addition to the abovementioned amendments, removed from the text of the Constitution, there appear to be other proposed amendments that may have failed of ratification. A number of unspecified amendments, involving technical, stylistic, and incidental changes, were submitted for approval by the electorate under Question 34. As to these, the Court stated:
The question of whether any amendment submitted for approval by Question No. 34 was in fact approved … depends on its effect upon substantive law. If the amendment is purely stylistic and technical in nature, and does not alter the sense, meaning or effect of any provision of the Constitution, it was approved by the electorate and has become a part of the revised Constitution. On the other hand, if the amendment alters the sense, meaning or effect of any provision of the Constitution, it was not ratified and is not effective to change the language of the Constitution. Obviously, we are not now in a position to make these line by line determinations.The revisor does not consider that the authority granted under Resolution No. 29 embraces the elimination of proposed amendments as having failed of ratification where the issue has not been adjudicated. Thus the text of the Constitution includes all the proposed amendments submitted for ratification under Question 34. As an aid to the readers, however, an attempt has been made to identify all such amendments – except those obviously purely technical and stylistic and clearly nonsubstantive (which have been ratified) – and explanatory notes have been appended thereto.
Preamble; Federal Adoption
Art. 0 §0 | NOTE
PREAMBLE
We reserve the right to control our destiny, to nurture the integrity of our people and culture, and to preserve the quality of life that we desire.
We reaffirm our belief in a government of the people, by the people and for the people, and with an understanding and compassionate heart toward all the peoples of the earth, do hereby ordain and establish this constitution for the State of Hawaii.
Art. 0 §2 | FEDERAL CONSTITUTION ADOPTED
Bill of Rights
Art. I §1 | POLITICAL POWER
Art. I §2 | RIGHTS OF INDIVIDUALS
Art. I §3 | EQUALITY OF RIGHTS
Art. I §4 | FREEDOM OF RELIGION, SPEECH, PRESS, ASSEMBLY AND PETITION
Art. I §5 | DUE PROCESS AND EQUAL PROTECTION
Art. I §6 | RIGHT TO PRIVACY
Art. I §7 | SEARCHES, SEIZURES AND INVASION OF PRIVACY
Art. I §8 | RIGHTS OF CITIZENS
Art. I §9 | ENLISTMENT; SEGREGATION
Art. I §10 | INDICTMENT; PRELIMINARY HEARING, DOUBLE JEOPARDY; SELF-INCRIMINATION
Art. I §11 | GRAND JURY COUNSEL
Art. I §12 | BAIL; EXCESSIVE PUNISHMENT
Art. I §13 | TRIAL BY JURY, CIVIL CASES
Art. I §14 | RIGHTS OF ACCUSED
Art. I §15 | HABEAS CORPUS AND SUSPENSION OF LAWS
The power of suspending the privilege of the writ of habeas corpus, and the laws or the execution thereof, shall never be exercised except by the legislature, or by authority derived from it to be exercised in such particular cases only as the legislature shall expressly prescribe.
Art. I §16 | SUPREMACY OF CIVIL POWER
Art. I §17 | RIGHT TO BEAR ARMS
Art. I §18 | QUARTERING OF SOLDIERS
Art. I §19 | IMPRISONMENT FOR DEBT
Art. I §20 | EMINENT DOMAIN
Art. I §21 | LIMITATIONS OF SPECIAL PRIVILEGES
Art. I §22 | CONSTRUCTION
Art. I §23 | MARRIAGE
Art. I §24 | PUBLIC ACCESS TO INFORMATION CONCERNING PERSONS CONVICTED OF CERTAIN OFFENSES AGAINST CHILDREN AND CERTAIN SEXUAL OFFENSES
Art. I §25 | SEXUAL ASSAULT CRIMES AGAINST MINORS
2. What constitutes the jury unanimity that is required for a conviction.
Suffrage and Elections
Art. II §1 | QUALIFICATIONS
Art. II §2 | DISQUALIFICATION
Art. II §3 | RESIDENCE
Art. II §4 | REGISTRATION; VOTING
Art. II §5 | CAMPAIGN FUND, SPENDING LIMIT
Art. II §6 | CAMPAIGN CONTRIBUTIONS LIMITS
Art. II §7 | RESIGNATION FROM PUBLIC OFFICE
Art. II §8 | GENERAL, SPECIAL AND PRIMARY ELECTIONS
Art. II §9 | PRESIDENTIAL PREFERENCE PRIMARY
Art. II §10 | CONTESTED ELECTIONS
The Legislature
Art. III §1 | LEGISLATURE POWER
Art. III §2 | COMPOSITION OF SENATE
Art. III §3 | COMPOSITION OF HOUSE OF REPRESENTATIVES
Art. III §4 | ELECTION OF MEMBERS; TERM
Art. III §5 | VACANCIES
Art. III §6 | QUALIFICATIONS OF MEMBERS
Art. III §7 | PRIVILEGES OF MEMBERS
Art. III §8 | DISQUALIFICATIONS OF MEMBERS
Art. III §9 | LEGISLATIVE ALLOWANCE
Art. III §10 | SESSIONS
At the written request of two-thirds of the members to which each house is entitled, the presiding officers of both houses shall convene the legislature in special session. At the written request of two-thirds of the members of the senate, the president of the senate shall convene the senate in special session for the purpose of carrying out its responsibility established by Section 3 of Article VI. The governor may convene both houses or the senate alone in special session.
Regular sessions shall be limited to a period of sixty days, and special sessions shall be limited to a period of thirty days. Any session may be extended a total of not more than fifteen days. Such extension shall be granted by the presiding officers of both houses at the written request of two-thirds of the members to which each house is entitled or may be granted by the governor.
Each regular session shall be recessed for not less than five days at some period between the twentieth and fortieth days of the regular session. The legislature shall determine the dates of the mandatory recess by concurrent resolution. Any session may be recessed by concurrent resolution adopted by a majority of the members to which each house is entitled. Saturdays, Sundays, holidays, the days in mandatory recess and any days in recess pursuant to a concurrent resolution shall be excluded in computing the number of days of any session.
All sessions shall be held in the capital of the State. In case the capital shall be unsafe, the governor may direct that any session be held at some other place.
Art. III §11 | ADJOURNMENT
Art. III §12 | ORGANIZATION; DISCIPLINE; RULES; PROCEDURE
Twenty days after a bill has been referred to a committee in either house, the bill may be recalled from such committee by the affirmative vote of one-third of the members to which such house is entitled.
Every meeting of a committee in either house or of a committee comprised of a member or members from both houses held for the purpose of making decision on matters referred to the committee shall be open to the public.
By rule of its proceedings, applicable to both houses, each house shall provide for the date by which all bills to be considered in a regular session shall be introduced.
Art. III §13 | QUORUM; COMPULSORY ATTENDANCE
Art. III §14 | BILLS; ENACTMENT
Art. III §15 | PASSAGE OF BILLS
Every bill when passed by the house in which it originated, or in which amendments thereto shall have originated, shall immediately be certified by the presiding officer and clerk and sent to the other house for consideration.
Any bill pending at the final adjournment of a regular session in an odd-numbered year shall carry over with the same status to the next regular session. Before the carried-over bill is enacted, it shall pass at least one reading in the house in which the bill originated.
Art. III §16 | APPROVAL OR VETO RECONSIDERATION AFTER ADJOURNMENT
The governor shall have ten days to consider bills presented to the governor ten or more days before the adjournment of the legislature sine die, and if any such bill is neither signed nor returned by the governor within that time, it shall become law in like manner as if the governor had signed it.
RECONSIDERATION AFTER ADJOURNMENT
The governor shall have forty-five days, after the adjournment of the legislature sine die, to consider bills presented to the governor less than ten days before such adjournment, or presented after adjournment, and any such bill shall become law on the forty-fifth day unless the governor by proclamation shall have given ten days’ notice to the legislature that the governor plans to return such bill with the governor’s objections on that day. The legislature may convene at or before noon on the forty-fifth day in special session, without call, for the sole purpose of acting upon any such bill returned by the governor. In case the legislature shall fail to so convene, such bill shall not become law. Any such bill may be amended to meet the governor’s objections and, if so amended and passed, only one reading being required in each house for such passage, it shall be presented again to the governor, but shall become law only if the governor shall sign it within ten days after presentation.In computing the number of days designated in this section, the following days shall be excluded: Saturdays, Sundays, holidays and any days in which the legislature is in recess prior to its adjournment as provided in section 10 of this article.
Art. III §17 | PROCEDURES UPON VETO
Art. III §18 | PUNISHMENT OF NONMEMBERS
Any person charged with such an offense shall be informed in writing of the charge made against the person and have opportunity to present evidence and be heard in the person’s own defense.
Art. III §19 | IMPEACHMENT
The house of representatives shall have the sole power of impeachment of the governor and lieutenant governor and the senate the sole power to try such impeachments, and no such officer shall be convicted without the concurrence of two-thirds of the members of the senate. When sitting for that purpose, the members of the senate shall be on oath or affirmation and the chief justice shall preside. Subject to the provisions of this paragraph, the legislature may provide for the manner and procedure of removal by impeachment of such officers.
The legislature shall by law provide for the manner and procedure of removal by impeachment of the appointive officers.
Judgments in cases of impeachment shall not extend beyond removal from office and disqualification to hold and enjoy any office of honor, trust or profit under the State; but the person convicted may nevertheless be liable and subject to indictment, trial, judgment and punishment as provided by law.
Reapportionment
Art. IV §0 | NOTE
Art. IV §1 | REAPPORTIONMENT YEARS
Art. IV §2 | REAPPORTIONMENT COMMISSION
Each of the four officials designated above as selecting authorities for the eight members of the commission, at the time of the commission selections, shall also select one person from each basic island unit to serve on an apportionment advisory council for that island unit. The councils shall remain in existence during the life of the commission and each shall serve in an advisory capacity to the commission for matters affecting its island unit.
A vacancy in the commission or a council shall be filled by the initial selecting authority within fifteen days after the vacancy occurs. Commission and council positions and vacancies not filled within the times specified shall be filled promptly thereafter by the supreme court.
The commission shall act by majority vote of its membership and shall establish its own procedures, except as may be provided by law.
Not more than one hundred fifty days from the date on which its members are certified, the commission shall file with the chief election officer a reapportionment plan for the state legislature and a reapportionment plan for the United States congressional districts which shall become law after publication as provided by law. Members of the commission shall hold office until each reapportionment plan becomes effective or until such time as may be provided by law.
No member of the reapportionment commission or an apportionment advisory council shall be eligible to become a candidate for election to either house of the legislature or to the United States House of Representatives in either of the first two elections under any such reapportionment plan.
Commission and apportionment advisory council members shall be compensated and reimbursed for their necessary expenses as provided by law.
The chief election officer shall be secretary of the commission without vote and, under the direction of the commission, shall furnish all necessary technical services. The legislature shall appropriate funds to enable the commission to carry out its duties.
Art. IV §3 | CHIEF ELECTION OFFICER
Art. IV §4 | APPORTIONMENT AMONG BASIC ISLAND UNITS
Art. IV §5 | MINIMUM REPRESENTATION FOR BASIC ISLAND UNITS
Art. IV §6 | APPORTIONMENT WITHIN BASIC ISLAND UNITS
In effecting such redistricting, the commission shall be guided by the following criteria:
2. No district shall be so drawn as to unduly favor a person or political faction.
3. Except in the case of districts encompassing more than one island, districts shall be contiguous.
4. Insofar as practicable, districts shall be compact.
5. Where possible, district lines shall follow permanent and easily recognized features, such as streets, streams and clear geographical features, and, when practicable, shall coincide with census tract boundaries.
6. Where practicable, representative districts shall be wholly included within senatorial districts.
7. Not more than four members shall be elected from any district.
8. Where practicable, submergence of an area in a larger district wherein substantially different socio-economic interests predominate shall be avoided.
“9. No consideration shall be given to holdover senators in effecting redistricting.” was not validly ratified. Kahalekai v. Doi, 60 H. 324, 590 P.2d 543. In view of the holding, the revisor has deleted the provision under the authority of Resolution No. 29 of the 1978 Constitutional Convention.In view of the addition to this article of a new section 5, the revisor has renumbered this section as section 6 under the authority of Resolution No. 29.
Art. IV §7 | ELECTION OF SENATORS AFTER REAPPORTIONMENT
Art. IV §8 | STAGGERED TERMS FOR THE SENATE
Art. IV §9 | CONGRESSIONAL REDISTRICTING FOR UNITED STATES HOUSE OF REPRESENTATIVES
Art. IV §10 | MANDAMUS AND JUDICIAL REVIEW
The Executive
Art. V §0 | NOTE
Art. V §1 | ESTABLISHMENT OF THE EXECUTIVE
The term of office of the governor shall begin at noon on the first Monday in December next following the governor’s election and end at noon on the first Monday in December, four years thereafter.
No person shall be elected to the office of governor for more than two consecutive full terms.
No person shall be eligible for the office of governor unless the person shall be a qualified voter, have attained the age of thirty years and have been a resident of this State for five years immediately preceding the person’s election.
The governor shall not hold any other office or employment of profit under the State or the United States during the governor’s term of office.
Art. V §2 | LIEUTENANT GOVERNOR
Art. V §3 | COMPENSATION: GOVERNOR, LIEUTENANT GOVERNOR
Art. V §4 | SUCCESSION TO GOVERNORSHIP; ABSENCE OR DISABILITY OF GOVERNOR
When the office of lieutenant governor is vacant, or in the event of the absence of the lieutenant governor from the State, or the lieutenant governor’s inability to exercise and discharge the powers and duties of the lieutenant governor’s office, such powers and duties shall devolve upon such officers in such order of succession as may be provided by law.
In the event of the impeachment of the governor or of the lieutenant governor, the governor or the lieutenant governor shall not exercise the powers of the applicable office until acquitted.
Art. V §5 | EXECUTIVE POWERS
The governor may grant reprieves, commutations and pardons, after conviction, for all offenses, subject to regulation by law as to the manner of applying for the same. The legislature may, by general law, authorize the governor to grant pardons before conviction, to grant pardons for impeachment and to restore civil rights denied by reason of conviction of offenses by tribunals other than those of this State.
The governor shall appoint an administrative director to serve at the governor’s pleasure.
Art. V §6 | EXECUTIVE AND ADMINISTRATIVE OFFICES AND DEPARTMENT
Each principal department shall be under the supervision of the governor and, unless otherwise provided in this constitution or by law, shall be headed by a single executive. Such single executive shall be nominated and, by and with the advice and consent of the senate, appointed by the governor. That person shall hold office for a term to expire at the end of the term for which the governor was elected, unless sooner removed by the governor; except that the removal of the chief legal officer of the State shall be subject to the advice and consent of the senate.
Except as otherwise provided in this constitution, whenever a board, commission or other body shall be the head of a principal department of the state government, the members thereof shall be nominated and, by and with the advice and consent of the senate, appointed by the governor. The term of office and removal of such members shall be as provided by law. Such board, commission or other body may appoint a principal executive officer who, when authorized by law, may be an ex officio, voting member thereof, and who may be removed by a majority vote of the members appointed by the governor.
The governor shall nominate and, by and with the advice and consent of the senate, appoint all officers for whose election or appointment provision is not otherwise provided for by this constitution or by law. If the manner or removal of an officer is not prescribed in this constitution, removal shall be as provided by law.
When the senate is not in session and a vacancy occurs in any office, appointment to which requires the confirmation of the senate, the governor may fill the office by granting a commission which shall expire, unless such appointment is confirmed, at the end of the next session of the senate. The person so appointed shall not be eligible for another interim appointment to such office if the appointment failed to be confirmed by the senate.
No person who has been nominated for appointment to any office and whose appointment has not received the consent of the senate shall be eligible to an interim appointment thereafter to such office.
Every officer appointed under the provisions of this section shall be a citizen of the United States and shall have been a resident of this State for at least one year immediately preceding that person’s appointment, except that this residency requirement shall not apply to the president of the University of Hawaii.
The Judiciary
Art. VI §0 | NOTE
Art. VI §1 | JUDICIAL POWER
Art. VI §2 | SUPREME COURT; INTERMEDIATE APPELLATE COURT; CIRCUIT COURTS
Art. VI §3 | APPOINTMENT OF JUSTICES AND JUDGES QUALIFICATIONS FOR APPOINTMENT
If the governor fails to make any appointment within thirty days of presentation, or within ten days of the senate’s rejection of any previous appointment, the appointment shall be made by the judicial selection commission from the list with the consent of the senate. If the senate fails to reject any appointment within thirty days thereof, the senate shall be deemed to have consented to that appointment. If the senate rejects any appointment, the governor shall make another appointment from the list within ten days thereof. The same appointment and consent procedure shall be followed until a valid appointment has been made, or failing this, the judicial selection commission shall make the appointment from the list, without senate consent.
The chief justice, with the consent of the senate, shall fill a vacancy in the district courts by appointing a person from a list of not less than four and not more than six nominees for the vacancy presented to the chief justice by the judicial selection commission. If the chief justice fails to make any appointment within thirty days of presentation, or within ten days of the senate’s rejection of any previous appointment, the appointment shall be made by the judicial selection commission from the list with the consent of the senate. If the senate fails to reject any appointment within thirty days thereof, the senate shall be deemed to have consented to that appointment. If the senate rejects any appointment, the chief justice shall make another appointment from the list within ten days thereof. The same appointment and consent procedure shall be followed until a valid appointment has been made, or failing this, the judicial selection commission shall make the appointment from the list, without senate consent. The chief justice shall appoint per diem district court judges as provided by law.
The judicial selection commission shall disclose to the public the list of nominees for each vacancy concurrently with the presentation of each list to the governor or the chief justice, as applicable.
QUALIFICATIONS FOR APPOINTMENT
Justices and judges shall be residents and citizens of the State and of the United States, and licensed to practice law by the supreme court. A justice of the supreme court, judge of the intermediate appellate court and judge of the circuit court shall have been so licensed for a period of not less than ten years preceding nomination. A judge of the district court shall have been so licensed for a period of not less than five years preceding nomination.No justice or judge shall, during the term of office, engage in the practice of law, or run for or hold any other office or position of profit under the United States, the State or its political subdivisions.
TENURE; RETIREMENT
The term of office of justices and judges of the supreme court, intermediate appellate court and circuit courts shall be ten years. Judges of district courts shall hold office for the periods as provided by law. At least six months before the expiration of a justice’s or judge’s term of office, every justice and judge shall petition the judicial selection commission to be retained in office or shall inform the commission of an intention to retire. If the judicial selection commission determines that the justice or judge should be retained in office, the commission shall renew the term of office of the justice or judge for the period provided by this section or by law.Justices and judges shall be retired upon attaining the age of seventy years. They shall be included in any retirement law of the State.
Art. VI §4 | JUDICIAL SELECTION COMMISSION
The commission shall be selected and shall operate in a wholly nonpartisan manner. After the initial formation of the commission, elections and appointments to the commission shall be for staggered terms of six years each. Notwithstanding the foregoing, no member of the commission shall serve for more than six years on the commission.
Each member of the judicial selection commission shall be a resident of the State and a citizen of the United States. No member shall run for or hold any other elected office under the United States, the State or its political subdivisions. No member shall take an active part in political management or in political campaigns. No member shall be eligible for appointment to the judicial office of the State so long as the person is a member of the judicial commission and for a period of three years thereafter.
No act of the judicial selection commission shall be valid except by concurrence of the majority of its voting members.
The judicial selection commission shall select one of its members to serve as chairperson. The commission shall adopt rules which shall have the force and effect of law. The deliberations of the commission shall be confidential.
The legislature shall provide for the staff and operating expenses of the judicial selection commission in a separate budget. No member of the judicial selection commission shall receive any compensation for commission services, but shall be allowed necessary expenses for travel, board and lodging incurred in the performance of commission duties.
The judicial selection commission shall be attached to the judiciary branch of the state government for purposes of administration.
Art. VI §5 | RETIREMENT; REMOVAL; DISCIPLINE
The supreme court shall create a commission on judicial discipline which shall have authority to investigate and conduct hearings concerning allegations of misconduct or disability and to make recommendations to the supreme court concerning reprimand, discipline, suspension, retirement or removal of any justice or judge.
Art. VI §6 | ADMINISTRATION
Art. VI §7 | RULES
Taxation and Finance
Art. VII §0 | NOTE
Art. VII §1 | TAXING POWER INALIENABLE
Art. VII §2 | INCOME TAXATION
Art. VII §3 | TAX REVIEW COMMISSION
Art. VII §4 | APPROPRIATIONS FOR PRIVATE PURPOSES PROHIBITED
Art. VII §5 | EXPENDITURE CONTROLS
Art. VII §6 | DISPOSITION OF EXCESS REVENUES
2. Make a deposit into one or more funds, as provided by law, which shall serve as temporary supplemental sources of funding for the State in times of an emergency, economic downturn, or unforeseen reduction in revenue, as provided by law; or
3. Appropriate general funds for the pre-payment of either or both of the following, as provided by law:
(B) Pension or other post-employment benefit liabilities accrued for state employees.
Art. VII §7 | COUNCIL ON REVENUES
Art. VII §8 | THE BUDGET
Art. VII §9 | LEGISLATIVE APPROPRIATIONS; PROCEDURES; EXPENDITURE CEILING GENERAL FUND EXPENDITURE CEILING
In each regular session in an even-numbered year, at such time as may be provided by law, the governor may submit to the legislature a bill to amend any appropriation for operating expenditures of the current fiscal biennium, to be known as the supplemental appropriations bill, and bills to amend any appropriations for capital expenditures of the current fiscal biennium, and at the same time the governor shall submit a bill or bills to provide for any added revenues or borrowings that such amendments may require. In each regular session in an even-numbered year, bills may be introduced in the legislature to amend any appropriation act or bond authorization act of the current fiscal biennium or prior fiscal periods. In any such session in which the legislature submits to the governor a supplemental appropriations bill, no other appropriation bill, except bills recommended by the governor for immediate passage, or to cover the expenses of the legislature, shall be passed on final reading until such supplemental appropriations bill shall have been transmitted to the governor.
GENERAL FUND EXPENDITURE CEILING
Notwithstanding any other provision to the contrary, the legislature shall establish a general fund expenditure ceiling which shall limit the rate of growth of general fund appropriations, excluding federal funds received by the general fund, to the estimated rate of growth of the State’s economy as provided by law. No appropriations in excess of such ceiling shall be authorized during any legislative session unless the legislature shall, by a two-thirds vote of the members to which each house of the legislature is entitled, set forth the dollar amount and the rate by which the ceiling will be exceeded and the reasons therefor.Art. VII §10 | AUDITOR
Art. VII §11 | LAPSING OF APPROPRIATION
Art. VII §12 | DEFINITIONS; ISSUANCE OF INDEBTEDNESS
2. The term “general obligation bonds” means all bonds for the payment of the principal and interest of which the full faith and credit of the State or a political subdivision are pledged and, unless otherwise indicated, includes reimbursable general obligation bonds.
3. The term “net revenues” or “net user tax receipts” means the revenues or receipts derived from:
2. Any payments or return on security under a loan program or a loan thereunder, after the costs of operation and administration of the loan program, and the required payments of the principal of and interest on all revenue bonds issued therefor, have been made.
5. The term “person” means an individual, firm, partnership, corporation, association, cooperative or other legal entity, governmental body or agency, board, bureau or other instrumentality thereof, or any combination of the foregoing.
6. The term “rates, rentals and charges” means all revenues and other moneys derived from the operation or lease of a public undertaking, improvement or system, or derived from any payments or return on security under a loan program or a loan thereunder; provided that insurance premium payments, assessments and surcharges, shall constitute rates, rentals and charges of a state property insurance program.
7. The term “reimbursable general obligation bonds” means general obligation bonds issued for a public undertaking, improvement or system from which revenues, or user taxes, or a combination of both, may be derived for the payment of the principal and interest as reimbursement to the general fund and for which reimbursement is required by law, and, in the case of general obligation bonds issued by the State for a political subdivision, general obligation bonds for which the payment of the principal and interest as reimbursement to the general fund is required by law to be made from the revenue of the political subdivision.
8. The term “revenue bonds” means all bonds payable from the revenues, or user taxes, or any combination of both, of a public undertaking, improvement, system or loan program and any loan made thereunder and secured as may be provided by law, including a loan program to provide loans to a state property insurance program providing hurricane insurance coverage to the general public.
9. The term “special purpose revenue bonds” means all bonds payable from rental or other payments made to an issuer by a person pursuant to contract and secured as may be provided by law.
10. The term “user tax” means a tax on goods or services or on the consumption thereof, the receipts of which are substantially derived from the consumption, use or sale of goods and services in the utilization of the functions or services furnished by a public undertaking, improvement or system; provided that mortgage recording taxes shall constitute user taxes of a state property insurance program.
Special purpose revenue bonds shall only be authorized or issued to finance facilities of or for, or to loan the proceeds of such bonds to assist:
2. Utilities serving the general public;
3. Health care facilities provided to the general public by not-for-profit corporations;
4. Early childhood education and care facilities provided to the general public by not-for-profit corporations;
5. Low and moderate income government housing programs;
6. Not-for-profit private nonsectarian and sectarian elementary schools, secondary schools, colleges and universities;
7. Agricultural enterprises; or
8. Dam and reservoir owners; provided that the bonds are issued for and the proceeds are used to offer loans to assist dam and reservoir owners to improve their facilities to protect public safety and provide significant benefits to the general public as important water sources, each of which is hereinafter referred to in this paragraph as a special purpose entity.
(2) Dam and reservoir owners; or
(3) Agricultural enterprises, separately authorized as aforesaid, in the total amount not exceeding the aggregate of the proposed separate issues of special purpose revenue bonds. The legislature may enact enabling legislation to authorize political subdivisions to issue special purpose revenue bonds. If so authorized, a political subdivision by a two-thirds vote of the members to which its governing body is entitled and by separate ordinance may authorize the issuance of special purpose revenue bonds for each single project or multi-project program of each special purpose entity; provided that the issuance of such special purpose revenue bonds is found to be in the public interest by the governing body of the political subdivision. No special purpose revenue bonds shall be secured directly or indirectly by the general credit of the issuer or by any revenues or taxes of the issuer other than receipts derived from payments by a person or persons under contract or from any security for such contract or contracts or special purpose revenue bonds and no moneys other than such receipts shall be applied to the payment thereof. The governor shall provide the legislature in November of each year with a report on the cumulative amount of all special purpose revenue bonds authorized and issued, and such other information as may be necessary.
Art. VII §13 | DEBT LIMIT; EXCLUSIONS
A sum equal to fifteen percent of the total of the assessed values for tax rate purposes of real property in each political subdivision, as determined by the last tax assessment rolls pursuant to law, is established as the limit of the funded debt of such political subdivision that is outstanding and unpaid at any time.
All general obligation bonds for a term exceeding two years shall be in serial form maturing in substantially equal installments of principal, or maturing in substantially equal installments of both principal and interest. The first installment of principal of general obligation bonds and of reimbursable general obligation bonds shall mature not later than five years from the date of issue of such series. The last installment on general obligation bonds shall mature not later than twenty-five years from the date of such issue and the last installment on general obligation bonds sold to the federal government, on reimbursable general obligation bonds and on bonds constituting instruments of indebtedness under which the State or a political subdivision incurs a contingent liability as a guarantor shall mature not later than thirty-five years from the date of such issue. The interest and principal payments of general obligation bonds shall be a first charge on the general fund of the State or political subdivision, as the case may be.
In determining the power of the State to issue general obligation bonds or the funded debt of any political subdivision under section 12, the following shall be excluded:
2. Revenue bonds, if the issuer thereof is obligated by law to impose rates, rentals and charges for the use and services of the public undertaking, improvement or system or the benefits of a loan program or a loan thereunder or to impose a user tax, or to impose a combination of rates, rentals and charges and user tax, as the case may be, sufficient to pay the cost of operation, maintenance and repair, if any, of the public undertaking, improvement or system or the cost of maintaining a loan program or a loan thereunder and the required payments of the principal of and interest on all revenue bonds issued for the public undertaking, improvement or system or loan program, and if the issuer is obligated to deposit such revenues or tax or a combination of both into a special fund and to apply the same to such payments in the amount necessary therefor.
3. Special purpose revenue bonds, if the issuer thereof is required by law to contract with a person obligating such person to make rental or other payments to the issuer in an amount at least sufficient to make the required payment of the principal of and interest on such special purpose revenue bonds.
4. Bonds issued under special improvement statutes when the only security for such bonds is the properties benefited or improved or the assessments thereon.
5. General obligation bonds issued for assessable improvements, but only to the extent that reimbursements to the general fund for the principal and interest on such bonds are in fact made from assessment collections available therefor.
6. Reimbursable general obligation bonds issued for a public undertaking, improvement or system but only to the extent that reimbursements to the general fund are in fact made from the net revenue, or net user tax receipts, or combination of both, as determined for the immediately preceding fiscal year.
7. Reimbursable general obligation bonds issued by the State for any political subdivision, whether issued before or after the effective date of this section, but only for as long as reimbursement by the political subdivision to the State for the payment of principal and interest on such bonds is required by law; provided that in the case of bonds issued after the effective date of this section, the consent of the governing body of the political subdivision has first been obtained; and provided further that during the period that such bonds are excluded by the State, the principal amount then outstanding shall be included within the funded debt of such political subdivision.
8. Bonds constituting instruments of indebtedness under which the State or any political subdivision incurs a contingent liability as a guarantor, but only to the extent the principal amount of such bonds does not exceed seven percent of the principal amount of outstanding general obligation bonds not otherwise excluded under this section; provided that the State or political subdivision shall establish and maintain a reserve in an amount in reasonable proportion to the outstanding loans guaranteed by the State or political subdivision as provided by law.
9. Bonds issued by or on behalf of the State or by any political subdivision to meet appropriations for any fiscal period in anticipation of the collection of revenues for such period or to meet casual deficits or failures of revenue, if required to be paid within one year, and bonds issued by or on behalf of the State to suppress insurrection, to repel invasion, to defend the State in war or to meet emergencies caused by disaster or act of God.
Nothing in section 12 or in this section shall prevent the refunding of any bond at any time.
Local Government
Art. VIII §0 | NOTE
Art. VIII §1 | CREATION; POWERS OF POLITICAL SUBDIVISIONS
Art. VIII §2 | LOCAL SELF-GOVERNMENT; CHARTER
Charter provisions with respect to a political subdivision’s executive, legislative and administrative structure and organization shall be superior to statutory provisions, subject to the authority of the legislature to enact general laws allocating and reallocating powers and functions.
A law may qualify as a general law even though it is inapplicable to one or more counties by reason of the provisions of this section.
Art. VIII §3 | TAXATION AND FINANCE
Art. VIII §4 | MANDATES; ACCRUED CLAIMS
Art. VIII §5 | TRANSFER OF MANDATED PROGRAMS
Art. VIII §6 | STATEWIDE LAWS
Public Health and Welfare
Art. IX §0 | NOTE
Art. IX §1 | PUBLIC HEALTH
Art. IX §2 | CARE OF HANDICAPPED PERSONS
Art. IX §3 | PUBLIC ASSISTANCE
Art. IX §4 | ECONOMIC SECURITY OF THE ELDERLY
Art. IX §5 | HOUSING, SLUM CLEARANCE, DEVELOPMENT AND REHABILITATION
Art. IX §6 | MANAGEMENT OF STATE POPULATION GROWTH
Art. IX §7 | PUBLIC SIGHTLINESS AND GOOD ORDER
Art. IX §8 | PRESERVATION OF A HEALTHFUL ENVIRONMENT
Art. IX §9 | CULTURAL RESOURCES
Art. IX §10 | PUBLIC SAFETY
The State shall have the power to provide for the safety of the people from crimes against persons and property.
Education
Art. X §0 | NOTE
Art. X §1 | PUBLIC EDUCATION
2. Not-for-profit private nonsectarian and sectarian elementary schools, secondary schools, colleges and universities.
Art. X §2 | BOARD OF EDUCATION
Art. X §3 | POWER OF THE BOARD OF EDUCATION
Art. X §4 | HAWAII EDUCATION PROGRAM
The State shall provide for a Hawaiian education program consisting of language, culture and history in the public schools. The use of community expertise shall be encouraged as a suitable and essential means in furtherance of the Hawaiian education program.
Art. X §5 | UNIVERSITY OF HAWAII
Art. X §6 | BOARD OF REGENTS; POWERS
Conservation, Control and Development of Resources
Art. XI §0 | NOTE
Art. XI §1 | CONSERVATION AND DEVELOPMENT OF RESOURCES
All public natural resources are held in trust by the State for the benefit of the people.
Art. XI §2 | MANAGEMENT AND DISPOSITION OF NATURAL RESOURCES
The mandatory provisions of this section shall not apply to the natural resources owned by or under the control of a political subdivision or a department or agency thereof.
Art. XI §3 | AGRICULTURAL LANDS
Lands identified by the State as important agricultural lands needed to fulfill the purposes above shall not be reclassified by the State or rezoned by its political subdivisions without meeting the standards and criteria established by the legislature and approved by a two-thirds vote of the body responsible for the reclassification or rezoning action.
Art. XI §4 | PUBLIC LAND BANKING
Art. XI §5 | GENERAL LAWS REQUIRED; EXCEPTIONS
Art. XI §6 | MARINE RESOURCES
Art. XI §7 | WATER RESOURCES
The legislature shall provide for a water resources agency which, as provided by law, shall set overall water conservation, quality and use policies; define beneficial and reasonable uses; protect ground and surface water resources, watersheds and natural stream environments; establish criteria for water use priorities while assuring appurtenant rights and existing correlative and riparian uses and establish procedures for regulating all uses of Hawaii’s water resources.
Art. XI §8 | NUCLEAR ENERGY
Art. XI §9 | ENVIRONMENTAL RIGHTS
Art. XI §10 | FARM AND HOME OWNERSHIP
Art. XI §11 | EXCLUSIVE ECONOMIC ZONE
Hawaiian Affairs
Art. XII §0 | NOTE
Art. XII §1 | HAWAIIAN HOMES COMMISSION ACT
(2) home, agriculture, aquaculture, farm and ranch loans;
(3) rehabilitation projects to include, but not limited to, educational, economic, political, social and cultural processes by which the general welfare and conditions of native Hawaiians are thereby improved;
(4) the administration and operating budget of the department of Hawaiian home lands; in furtherance of (1), (2), (3) and (4) herein, by appropriating the same in the manner provided by law.
Art. XII §2 | ACCEPTANCE OF COMPACT
Art. XII §3 | COMPACT ADOPTION; PROCEDURES AFTER ADOPTION
(2) that any amendment to increase the benefits to lessees of Hawaiian home lands may be made in the constitution, or in the manner required for state legislation, but the qualifications of lessees shall not be changed except with the consent of the United States; and
(3) that all proceeds and income from the “available lands,” as defined by such Act, shall be used only in carrying out the provisions of such Act.
Art. XII §4 | PUBLIC TRUST
Art. XII §5 | OFFICE OF HAWAIIAN AFFAIRS; ESTABLISHMENT OF BOARD OF TRUSTEES
Art. XII §6 | POWERS OF BOARD OF TRUSTEES
Art. XII §7 | TRADITIONAL AND CUSTOMARY RIGHTS
Organization; Collective Bargaining
Art. XIII §0 | NOTE
Art. XIII §1 | PRIVATE EMPLOYEES
Art. XIII §2 | PUBLIC EMPLOYEES
Code of Ethics
Art. XIV §0 | NOTE
Art. XIV §1 | CODE OF ETHICS
Each code of ethics shall be administered by a separate ethics commission, except the code of ethics adopted by the constitutional convention which shall be administered by the state ethics commission. The members of ethics commissions shall be prohibited from taking an active part in political management or in political campaigns. Ethics commissioners shall be selected in a manner which assures their independence and impartiality.
Each code of ethics shall include, but not be limited to, provisions on gifts, confidential information, use of position, contracts with government agencies, post-employment, financial disclosure and lobbyist registration and restriction. The financial disclosure provisions shall require all elected officers, all candidates for elective office and such appointed officers and employees as provided by law to make public financial disclosures. Other public officials having significant discretionary or fiscal powers as provided by law shall make confidential financial disclosures. All financial disclosure statements shall include, but not be limited to, sources and amounts of income, business ownership, officer and director positions, ownership of real property, debts, creditor interests in insolvent businesses and the names of persons represented before government agencies.
State Boundaries; Capital; Flag; Language and Motto
Art. XV §0 | INTRO
Art. XV §1 | BOUNDARIES
At election of June 27, 1959, in amending this section to conform to the Admission Act, Public Law 86-3 (73 Stat 4), pursuant to sections 2 and 7(b) of the Admission Act, State also relinquished to the United States “all claims of this State to any areas of land or sea outside the boundaries so prescribed….”
Legislative history of section 2 of Admission Act, see 196 F. Supp. 564.
Language adopted to describe boundaries in section 2 of the Admission Act first was used in H.R. 3575 as passed by the Senate, 83d Congress, 2d Session, April 7, 1954. See explanation of Senator Cordon, Chairman of Senate Committee on Interior and Insular Affairs, March 8, 1954, on consideration of S. 49 for which H.R. 3575 later was substituted, 100 Cong. Rec. p. 2789, cols. 1-2; and see Senate hearings on S. 49, S. 51, and H.R. 3575, 83d Congress, 1st and 2d Sessions, June 29, 1953-January 8, 1954, including materials on islands and reefs comprising Territory of Hawaii.
When Admission Act finally was enacted by 86th Congress, 1st Session, committee report stated that “the boundaries of the new State will include all of the islands and territorial waters of the Territory of Hawaii, except the Island of Palmyra.” Other islands treated as excluded were “not considered to be part of the Territory.” Sen. Rep. 80, H.R. Rep. No. 32, 86th Congress, 1st Session.
Report of the Commission which prepared the Hawaiian Organic Act, transmitted to Congress by message of the President, Sen. Doc. 16, 55th Congress, 3d Session, 1898, listed in addition to the eight principal islands and Palmyra, ten others. But this listing has not been deemed to be complete. See note to §2 of Hawaiian Organic Act.
As to federal reservations, see note to §1-4.
Art. XV §2 | CAPITAL
Art. XV §3 | STATE FLAG
Art. XV §4 | OFFICIAL LANGUAGES
Art. XV §5 | MOTTO
General and Miscellaneous Provisions
Art. XVI §0 | INTRO
Art. XVI §1 | CIVIL SERVICE
Art. XVI §2 | EMPLOYEES’ RETIREMENT SYSTEM
Art. XVI §3 | DISQUALIFICATIONS FROM PUBLIC OFFICE OR EMPLOYMENT
Any salary established pursuant to this section shall not be decreased during a term of office, unless by general law applying to all salaried officers of the State.
Not later than the fortieth legislative day of the 2007 regular legislative session and every six years thereafter, the commission shall submit to the legislature its recommendations and then dissolve.
The recommended salaries submitted shall become effective as provided in the recommendation, unless the legislature disapproves the entire recommendation as a whole by adoption of a concurrent resolution prior to adjournment sine die of the legislative session in which the recommendation is submitted; provided that any change in salary which becomes effective shall not apply to the legislature to which the recommendation for the change in salary was submitted.
Art. XVI §3.5 | SALARY COMMISSION
Art. XVI §4 | OATH OF OFFICE
“I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States, and the Constitution of the State of Hawaii, and that I will faithfully discharge my duties as …………………… to best of my ability.”As used in this section, “eligible public officers” means the governor, the lieutenant governor, the members of both houses of the legislature, the members of the board of education, the members of the national guard, State or county employees who possess police powers, district court judges, and all those whose appointment requires the consent of the senate.
Art. XVI §5 | INTERGOVERNMENTAL RELATIONS
Art. XVI §6 | FEDERAL LANDS
Art. XVI §7 | COMPLIANCE WITH TRUST
Art. XVI §8 | ADMINISTRATION OF UNDISPOSED LANDS
Art. XVI §9 | TAX EXEMPTION OF FEDERAL PROPERTY
Art. XVI §10 | HAWAII NATIONAL PARK
Art. XVI §11 | JUDICIAL RIGHTS
Art. XVI §12 | QUIETING TITLE
Art. XVI §13 | PLAIN LANGUAGE
Art. XVI §14 | TITLES, SUBTITLES; CONSTRUCTION
Art. XVI §15 | GENERAL POWER
Art. XVI §16 | PROVISIONS ARE SELF-EXECUTING
Revision and Amendment
Art. XVII §0 | NOTE
Art. XVII §1 | METHODS OF PROPOSAL
Art. XVII §2 | CONSTITUTIONAL CONVENTION
ELECTION OF DELEGATES
If a majority of the ballots cast upon such a question be in the affirmative, delegates to the convention shall be chosen at the next regular election unless the legislature shall provide for the election of delegates at a special election.Notwithstanding any provision in this constitution to the contrary, other than Section 3 of Article XVI, any qualified voter of the district concerned shall be eligible to membership in the convention.
The legislature shall 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. The legislature shall also provide for the necessary facilities and equipment for the convention. The convention shall have the same powers and privileges, as nearly as practicable, as provided for the convention of 1978.
MEETING
The constitutional convention shall convene not less than five months prior to the next regularly scheduled general election.ORGANIZATION; PROCEDURE
The convention shall determine its own organization and rules of procedure. It shall be the sole judge of the elections, returns and qualifications of its members and, by a two-thirds vote, may suspend or remove any member for cause. The governor shall fill any vacancy by appointment of a qualified voter from the district concerned.RATIFICATION; APPROPRIATIONS
The convention shall provide for the time and manner in which the proposed constitutional revision or amendments shall be submitted to a vote of the electorate; provided that each amendment shall be submitted in the form of a question embracing but one subject; and provided further, that each question shall have designated spaces to mark YES or NO on the amendment.At least thirty days prior to the submission of any proposed revision or amendments, the convention shall make available for public inspection, a full text of the proposed amendments. Every public library, office of the clerk of each county, and the chief election officer shall be provided such texts and shall make them available for public inspection. The full text of any proposed revision or amendments shall also be made available for inspection at every polling place on the day of the election at which such revision or amendments are submitted.
The convention shall, as provided by law, be responsible for a program of voter education concerning each proposed revision or amendment to be submitted to the electorate.
The revision or amendments shall be effective only if approved at a general election by a majority of all the votes tallied upon the question, this majority constituting at least fifty per cent of the total vote cast at the election, or at a special election by a majority of all the votes tallied upon the question, this majority constituting at least thirty per cent of the total number of registered voters.
The provisions of this section shall be self-executing, but the legislature shall make the necessary appropriations and may enact legislation to facilitate their operation.
Art. XVII §3 | AMENDMENTS PROPOSED BY LEGISLATURE
Upon such adoption, the proposed amendments shall be entered upon the journals, with the ayes and noes, and published once in each of four successive weeks in at least one newspaper of general circulation in each senatorial district wherein such a newspaper is published, within the two months’ period immediately preceding the next general election.
At such general election the proposed amendments shall be submitted to the electorate for approval or rejection upon a separate ballot.
The conditions of and requirements for ratification of such proposed amendments shall be the same as provided in section 2 of this article for ratification at a general election.
Art. XVII §4 | VETO
Art. XVII §5 | CONFLICTING REVISIONS OR AMENDMENTS
Schedule
Art. XVIII §0 | NOTE
These deletions appear to be part of the unspecified changes submitted for ratification under Question 34. On whether any of the changes submitted under Question 34 was in fact approved by the electorate, see Kahalekai v. Doi, 60 H. 324, 590 P.2d 543, excerpted in the note preceding the Preamble to the Constitution.
Art. XVIII §1 | DISTRICTING AND APPORTIONMENT
Art. XVIII §2 | 1978 SENATORIAL ELECTIONS
Art. XVIII §3 | SALARIES OF LEGISLATORS
Art. XVIII §4 | EFFECTIVE DATE FOR TERM LIMITATIONS FOR GOVERNOR AND LIEUTENANT GOVERNOR
Art. XVIII §5 | JUDICIARY: TRANSITION; EFFECTIVE DATE
Art. XVIII §6 | EFFECTIVE DATE AND APPLICATION OF REAL PROPERTY TAX TRANSFER
Real property tax exemptions and dedications of land for specific use for assessment at its value in such use as provided by law and in effect upon ratification of the amendment to Section 3 of Article VIII [November 7, 1978] shall be enacted by ordinance and shall not be eliminated or diminished for a period of eleven years following such ratification; provided that increases in such exemptions, or the additions of new and further exemptions or dedications of lands, may be established or granted only by agreement of a majority of the political subdivisions, and such increases or additions shall be enacted by ordinance in each political subdivision.
Art. XVIII §7 | 1978 BOARD OF EDUCATION ELECTIONS
Art. XVIII §8 | EFFECTIVE DATE FOR OFFICE OF HAWAIIAN AFFAIRS
Art. XVIII §9 | CONTINUITY OF LAWS
Except as otherwise provided by amendments to this constitution, all existing writs, actions, suits, proceedings, civil or criminal liabilities, prosecutions, judgments, sentences, orders, decrees, appeals, causes of action, contracts, claims, demands, titles and rights shall continue unaffected notwithstanding the taking effect of the amendments and may be maintained, enforced or prosecuted, as the case may be, before the appropriate or corresponding tribunals or agencies of or under the State or of the United States, in all respects as fully as could have been done prior to the taking effect of the amendments.
Art. XVIII §10 | DEBTS
Art. XVIII §11 | RESIDENCE, OTHER QUALIFICATIONS
Art. XVIII §12 | BOARD OF EDUCATION TRANSITION
Effective Date
Art. XIX §1 | EFFECTIVE DATE
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