HOUSE OF REPRESENTATIVES

H.B. NO.

626

THIRTY-SECOND LEGISLATURE, 2023

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 4, OF THE CONSTITUTION OF THE STATE OF HAWAII TO ESTABLISH LEGISLATIVE TERM LIMITs.

 

 

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

 

     SECTION 1. The legislature finds that a vast majority of the residents of the state support term limits for legislators. Concern regarding career politicians and the recent issues of public corruption have many residents worried about the status of legislative term limits. While the residents have often called for legislative reform, one measure that has consistently not been adopted is legislative term limits.

     The legislature also finds that at least fifteen states have legislative term limits, which range from six to twelve years. Although the backing for enacting legislative term limits does have merit in certain circumstances, to promote fairness and equity between separate and co-equal branches of government any term limits for legislators should be longer than the term limit of the governor of the applicable state. Because of the legislature's part-time nature and the differences between the house of representatives and the senate, it would be most equitable for the term limit to be set at twelve years total between the two chambers.

     The purpose of this Act is to propose an amendment to article III, section 4, of the Constitution of the State of Hawaii to limit the terms of members of the legislature to a maximum of twelve years in the house of representatives or senate, or both, for terms beginning on or after the general election of 2024, and to include a grandfather clause as to not disproportionately affect those legislators who have already exceeded the proposed twelve year limit.

     SECTION 2. Article III, section 4, of the Constitution of the State of Hawaii is amended to read as follows:

"ELECTION OF MEMBERS; TERM

     Section 4.  Each member of the legislature shall be elected at an election.  If more than one candidate has been nominated for election to a seat in the legislature, the member occupying that seat shall be elected at a general election.  If a candidate nominated for a seat at a primary election is unopposed for that seat at the general election, the candidate shall be deemed elected at the primary election.  The term of office of a member of the house of representatives shall be two years and the term of office of a member of the senate shall be four years [.]; provided that for terms beginning on or after the general election of 2024, no member of the legislature shall serve for more than twelve years total between the house of representatives or senate, or both. The exception for this limit shall be for legislators who have already met or exceeded the twelve year limit as of the general election in 2024. The term of a member of the legislature shall begin on the day of the general election at which elected or if elected at a primary election, on the day of the general election immediately following the primary election at which elected.  For a member of the house of representatives, the term shall end on the day of the general election immediately following the day the member's term commences.  For a member of the senate, the term shall end on the day of the second general election immediately following the day the member's term commences."

     SECTION 3. The question to be printed on the ballot shall be as follows:

"Shall the Constitution of the State of Hawaii be amended to limit the members of the Hawaii state legislature to serving a maximum of twelve years in the Hawaii state house of representatives or senate, or both, for terms beginning on or after the general election of 2024?"

     SECTION 4. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

     SECTION 5. This amendment shall take effect upon compliance with Article XVII, section 3, of the Constitution of the State of Hawaii.

 

INTRODUCED BY:

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Report Title:

Legislative Term Limits; Constitutional Amendment

 

Description:

Proposes a constitutional amendment to limit the terms of members of the legislature to a maximum of twelve years in the house of representatives or senate, or both, for terms beginning on or after the general election of 2024, with a grandfather clause for those in office who have already met the limit.

 

 

 

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