HAWAII CONSTITUTION
ARTICLE XVI
GENERAL AND MISCELLANEOUS PROVISIONS

Art. XVI §0 | INTRO

Note: This article was renumbered from Article XIV to be Article XVI by Const Con 1978 and election Nov 7, 1978. The former Article XVI now appears as Article XVIII.

Art. XVI §1 | CIVIL SERVICE

The employment of persons in the civil service, as defined by law, of or under the State, shall be governed by the merit principle.

Art. XVI §2 | EMPLOYEES’ RETIREMENT SYSTEM

Membership in any employees’ retirement system of the State or any political subdivision thereof shall be a contractual relationship, the accrued benefits of which shall not be diminished or impaired.

Art. XVI §3 | DISQUALIFICATIONS FROM PUBLIC OFFICE OR EMPLOYMENT

There shall be a commission on salaries as provided by law, which shall review and recommend salaries for the justices and judges of all state courts, members of the legislature, department heads or executive officers of the executive departments and the deputies or assistants to department heads of the executive departments as provided by law, excluding the University of Hawaii and the department of education. The commission shall also review and make recommendations for the salary of the administrative director of the State or equivalent position and the salary of the governor and the lieutenant governor.

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

No person shall hold any public office or employment who has been convicted of any act to overthrow, or attempt to overthrow, or conspiracy with any person to overthrow the government of this State or of the United States by force or violence.

Art. XVI §4 | OATH OF OFFICE

All eligible public officers, before entering upon the duties of their respective offices, shall take and subscribe to the following oath or affirmation:

“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

The legislature may provide for cooperation on the part of this State and its political subdivisions with the United States, or other states and territories, or their political subdivisions, in matters affecting the public health, safety and general welfare. Funds may be appropriated to effect such cooperation.

Art. XVI §6 | FEDERAL LANDS

The United States shall be vested with or retain title to or an interest in or shall hold the property in the Territory of Hawaii set aside for the use of the United States and remaining so set aside immediately prior to the admission of this State, in all respects as and to the extent set forth in the act or resolution providing for the admission of this State to the Union.

Art. XVI §7 | COMPLIANCE WITH TRUST

Any trust provisions which the Congress shall impose, upon the admission of this State, in respect of the lands patented to the State by the United States or the proceeds and income therefrom, shall be complied with by appropriate legislation. Such legislation shall not diminish or limit the benefits of native Hawaiians under Section 4 of Article XII.

Note: A proposal of the 1978 Constitutional Convention added the last sentence of the section. This addition appears to be one 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. XVI §8 | ADMINISTRATION OF UNDISPOSED LANDS

All provisions of the Act of Congress approved March 18, 1959 reserving rights or powers to the United States, as well as those prescribing the terms or conditions of the grants of lands or other property therein made to the State of Hawaii are consented to fully by the State and its people.

Art. XVI §9 | TAX EXEMPTION OF FEDERAL PROPERTY

No taxes shall be imposed by the State upon any lands or other property now owned or hereafter acquired by the United States, except as the same shall become taxable by reason of disposition thereof by the United States or by reason of the consent of the United States to such taxation.

Art. XVI §10 | HAWAII NATIONAL PARK

All provisions of the act or resolution admitting this State to the Union, or providing for such admission, which reserve to the United States jurisdiction of Hawaii National Park, or the ownership or control of lands within Hawaii National Park, are consented to fully by the State and its people.

Art. XVI §11 | JUDICIAL RIGHTS

All those provisions of the act or resolution admitting this State to the Union, or providing for such admission, which reserve to the United States judicial rights or powers are consented to fully by the State and its people; and those provisions of such act or resolution which preserve judicial rights and powers for the State are hereby accepted and adopted, and such rights and powers are hereby assumed, to be exercised and discharged pursuant to this constitution and the laws of the State.

Art. XVI §12 | QUIETING TITLE

No person shall be deprived of title to an estate or interest in real property by another person claiming actual, continuous, hostile, exclusive, open and notorious possession of such lands, except to real property of five acres or less. Such claim may be asserted in good faith by any person not more than once in twenty years.

Art. XVI §13 | PLAIN LANGUAGE

Insofar as practicable, all governmental writing meant for the public, in whatever language, should be plainly worded, avoiding the use of technical terms.

Art. XVI §14 | TITLES, SUBTITLES; CONSTRUCTION

Titles and subtitles shall not be used for purposes of construing this constitution.

Note: A proposal of the 1978 Constitutional Convention deleted a second paragraph which read: “Whenever any personal pronoun appears in this constitution, it shall be construed to mean either sex.” This deletion appears to be one 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. XVI §15 | GENERAL POWER

The enumeration in this constitution of specified powers shall not be construed as limitations upon the power of the State to provide for the general welfare of the people.

Art. XVI §16 | PROVISIONS ARE SELF-EXECUTING

The provisions of this constitution shall be self-executing to the fullest extent that their respective natures permit.

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HAWAII CONSTITUTIONARTICLE XVIGENERAL 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

Art. XVI §3.5 | SALARY COMMISSION

Art. XVI §4 | OATH OF OFFICE

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

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