Bill Text: HI SB1301 | 2021 | Regular Session | Introduced
Bill Title: Proposing An Amendment To Article Iii, Section 4, Of The Constitution Of The State Of Hawaii To Establish Legislative Term Limits.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2021-02-01 - Referred to JDC. [SB1301 Detail]
Download: Hawaii-2021-SB1301-Introduced.html
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THE SENATE |
S.B. NO. |
1301 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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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 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.
Since the governor of Hawaii is subject to a term limit of two consecutive full terms, or eight years, enacting similar legislative term limits for legislators in Hawaii would make the State legislators weaker and the governor stronger due to the broad constitutional, statutory, and rule-making powers of the governor and the governor's administration. For example, the governor already has widespread authority and discretion through the executive branch; the governor has considerable budget powers, including restricting funds; and there is no elected state treasurer, attorney general, or secretary of state, as is the case in most states. To maintain a modicum of balance of powers in Hawaii between the legislative and executive branches of government, legislative term limits should be longer than the governor's term limit. This Act is intended to start a discussion about legislative terms limits and the number of years for these limits.
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 sixteen years in the house of representatives or senate, or both, for terms beginning on or after the general election of 2024.
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 sixteen years in the house of representatives or senate, or both. 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 members of the Hawaii state legislature to serving a maximum of sixteen 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.
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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 sixteen years in the house of representatives or senate, or both, for terms beginning on or after the general election of 2024.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
