Report Title:

Unicameral Legislature

Description:

Proposes constitutional amendments to provide for a unicameral legislature to be known as the house of representatives commencing after the general election in November, 2008, consisting of 51 members serving 4-year terms.

THE SENATE	S.B. NO.	126
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

PROPOSING AMENDMENTS TO THE CONSTITUTION OF THE STATE OF HAWAII TO PROVIDE FOR A UNICAMERAL LEGISLATURE.

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

    SECTION 1.  Currently, the state legislature is comprised of two houses that operate independently.  This bicameral legislative structure provides a system of checks and balances to facilitate legislative deliberation, provide safeguards against the passage of carelessly drafted legislation, and promote openness in government by affording citizens more opportunities to express their opinions.  In recent years, however, the system has become extremely cumbersome and inefficient.

    The existing bicameral system is replete with duplication in committee structure, staffing, and legislation introduced.  Procedures and policies differ, sometimes substantially, between the two houses, making it time-consuming, confusing, and more difficult for citizen participation.  Moreover, the two houses often take diametrically-opposed positions on significant issues, typically resulting in inaction or in important and controversial decisions being made in conference committees, where special interests can be more effective than in the more open, deliberative processes of the standing committees.

    A unicameral legislature would eliminate unnecessary duplication and would provide better citizen access to the legislative process.  Conversion to a unicameral system would result in immediate cost-savings as the total number of legislators, staffing, and legislative measures would decrease.

    The purpose of this Act is to amend the Constitution of the State of Hawaii to:

    (1) Change the legislature from a bicameral legislature with a house of representatives and a senate to a unicameral legislature with only one chamber, to be known as the house of representatives, commencing after the general election in November, 2008;

    (2) Change the total number of legislators from seventy-six to fifty-one representatives representing fifty-one single-member districts, who serve staggered terms of four years each; and to

    (3) Change the composition of the reapportionment commission to require four members to be appointed by the speaker and minority leader of the house of representatives, with appointees choosing the ninth member.

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

"ARTICLE III

THE [LEGISLATURE] HOUSE OF REPRESENTATIVES

LEGISLATIVE POWER

Section 1.  [The] Commencing after the general election in November, 2008, the legislative power of the State shall be vested in a legislature, which shall consist of [two houses, a senate and a] one chamber and which shall be known as the house of representatives.  Such power shall extend to all rightful subjects of legislation not inconsistent with this constitution or the Constitution of the United States.

[COMPOSITION OF SENATE

Section 2.  The senate shall be composed of twenty-five members, who shall be elected by the qualified voters of the respective senatorial districts.  Until the next reapportionment the senatorial districts and the number of senators to be elected from each shall be as set forth in the Schedule.]

COMPOSITION OF HOUSE OF REPRESENTATIVES

Section [3.] 2.  The house of representatives shall be composed of fifty‑one members, who shall be elected by the qualified voters of the respective single-member representative districts.  [Until the next reapportionment, the] The representative districts [and the number of representatives to be elected from each] shall be as set forth [in the Schedule.] by the reapportionment commission.

ELECTION OF MEMBERS; TERM

Section [4.] 3.  Each member of the [legislature] house of representatives shall be elected at an election.  If more than one candidate has been nominated for election to a seat in the [legislature,] house of representatives, 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 of the representatives elected to the term commencing after the general election in November, 2008, the members of the house of representatives shall serve staggered terms of office as provided in Article IV, Section 7 of this constitution.  The term of a member of the [legislature] house of representatives shall [begin]:

(1) 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 terms 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]; and

(2) End on the day of the second general election immediately following the day the member's term commences.

VACANCIES

Section [5.] 4.  Any vacancy in the [legislature] house of representatives shall be filled for the unexpired term in such manner as may be provided by law, or, if no provision be made by law, by appointment by the governor for the unexpired term.

QUALIFICATIONS OF MEMBERS

Section [6.] 5.  [No person shall be eligible to serve as a member of the senate unless the person has been a resident of the State for not less than three years, has attained the age of majority and is, prior to filing nomination papers and thereafter continues to be, a qualified voter of the senatorial district from which the person seeks to be elected; except that in the year of the first general election following reapportionment, but prior to the primary election, an incumbent senator may move to a new district without being disqualified from completing the remainder of the incumbent senator's term.  No person shall be eligible to serve as a member of the house of representatives unless the person has been a resident of the State for not less than three years, has attained the age of majority and is, prior to filing nomination papers and thereafter continues to be, a qualified voter of the representative district from which the person seeks to be elected; except that in the year of the first general election following reapportionment, but prior to the primary election, an incumbent representative may move to a new district without being disqualified from completing the remainder of the incumbent representative's term.]  No person shall be eligible to serve as a member of the house of representatives unless the person shall have been a resident of the State for not less than three years, have attained the age of majority and be a qualified voter of the representative district from which the person seeks to be elected; except that in the year of the first general election following reapportionment, but prior to the primary election, an incumbent representative may move to a new district without being disqualified from completing the remainder of the incumbent representative's term.

PRIVILEGES OF MEMBERS

Section [7.] 6.  No member of the [legislature] house of representatives shall be held to answer before any other tribunal for any statement made or action taken in the exercise of the member's legislative functions; and members of the [legislature shall,] house of representatives, in all cases except felony or breach of the peace, shall be privileged from arrest during their attendance at the sessions of [their respective houses,] the house of representatives and in going to and returning from the same.

DISQUALIFICATIONS OF MEMBERS

Section [8.] 7.  No member of the [legislature] house of representatives shall hold any other public office under the State, nor shall the member, during the term for which the member is elected or appointed, be elected or appointed to any public office or employment which shall have been created, or the emoluments whereof shall have been increased, by legislative act during such term.  The term "public offices," for the purposes of this section, shall not include notaries public, reserve police officers or officers of emergency organizations for civilian defense or disaster relief.  The [legislature] house of representatives may prescribe further disqualifications.

LEGISLATIVE ALLOWANCE

Section [9.] 8.  The members of the [legislature] house of representatives shall receive allowances reasonably related to expenses as provided by law."

SESSIONS

Section [10.] 9.  The [legislature] house of representatives shall convene annually in regular session at 10:00 o'clock a.m. on the third Wednesday in January.

    [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 all of the members of the [senate, the president of the senate] house of representatives, the speaker shall convene the [senate] house of representatives in special session for the purpose of carrying out its responsibility established by Section 3 of Article VI[.] or for other legislative business.  The governor may convene [both houses or] the [senate alone] house of representatives 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] speaker of the house of representatives at the written request of two-thirds of all of the members [to which each house is entitled] of the house of representatives 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] house of representatives shall determine the dates of the mandatory recess by [concurrent] resolution.  Any session may be recessed by [concurrent] resolution adopted by a majority of all of the members [to which each house is entitled.] of the house of representatives.  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.

[ADJOURNMENT

Section 11.  Neither house shall adjourn during any session of the legislature for more than three days, or sine die, without the consent of the other.]

ORGANIZATION; DISCIPLINE; RULES; PROCEDURE

Section [12.] 10.  [Each house] The house of representatives shall be the judge of the elections, returns and qualifications of its [own] members and shall have, for misconduct, disorderly behavior or neglect of duty of any member, power to punish such member by censure or, upon a two-thirds vote of all the members [to which such house is entitled,] of the house of representatives, by suspension or expulsion of such member.  [Each house] The house of representatives shall choose its [own] officers, determine the rules of its proceedings and keep a journal.  The ayes and noes of the members on any question [shall], at the desire of one-fifth of the members present, shall be entered upon the journal.

    Twenty days after a bill has been referred to a committee in [either house,] the house of representatives, the bill may be recalled from [such] that committee by the affirmative vote of one-third of all of the members [to which such house is entitled.] of the house of representatives.

    Every meeting or hearing of a committee in [either house or of a committee comprised of a member or members from both houses] the house of representatives 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] the house of representatives shall provide for the date by which all bills to be considered in a regular session shall be introduced.

QUORUM; COMPULSORY ATTENDANCE

Section [13.] 11.  A majority of [the number of] all of the members [to which each house is entitled] of the house of representatives shall constitute a quorum [of such house] for the conduct of ordinary business, of which quorum a majority vote shall suffice; but the final passage of a bill in [each house] the house of representatives shall require the vote of a majority of all the members [to which such house is entitled,] of the house of representatives, taken by ayes and noes and entered upon its journal.  A smaller number than a quorum may adjourn from day to day and may compel the attendance of absent members in such manner and under such penalties as [each house] the house of representatives may provide.

BILLS; ENACTMENT

Section [14.] 12.  No law shall be passed except by bill.  Each law shall embrace but one subject, which shall be expressed in its title.  The enacting clause of each law shall be, "Be it enacted by the [legislature] house of representatives of the State of Hawaii."

PASSAGE OF BILLS

Section [15.] 13.  No bill shall become law unless it shall pass three readings in [each house] the house of representatives on separate days.  No bill shall pass third or final reading [in either house] unless printed copies of the bill in the form to be passed shall have been made available to the members of [that house] the house of representatives for at least forty-eight hours.

    [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.]

APPROVAL OR VETO

Section [16.] 14.  Every bill which shall have passed the [legislature] house of representatives shall be certified by the [presiding officers and clerks of both houses] speaker and the clerk of the house of representatives and shall thereupon be presented to the governor.  If the governor approves it, the governor shall sign it and it shall become law.  If the governor does not approve such bill, the governor may return it, with the governor's objections to the [legislature.] house of representatives.  Except for items appropriated to be expended by the judicial and legislative branches, the governor may veto any specific item or items in any bill which appropriates money for specific purposes by striking out or reducing the same; but the governor shall veto other bills, if at all, only as a whole.

    The governor shall have ten days to consider bills presented to the governor ten or more days before the adjournment of the [legislature] house of representatives 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] house of representatives 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] house of representatives that the governor plans to return such bill with the governor's objections on that day.  The [legislature] house of representatives 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] house of representatives 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] the house of representatives 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] house of representatives is in recess prior to its adjournment as provided in section 10 of this article.

PROCEDURES UPON VETO

Section [17.] 15.  Upon the receipt of a veto message from the governor, [each house] the house of representatives shall enter the same at large upon its journal and proceed to reconsider the vetoed bill, or the item or items vetoed, and again vote upon such bill, or such item or items, by ayes and noes, which shall be entered upon its journal.  If after such reconsideration such bill, or such item or items, shall be approved by a two-thirds vote of all of the members [to which each house is entitled,] of the house of representatives, the same shall become law.

PUNISHMENT OF NONMEMBERS

Section [18.  Each house] 16. The house of representatives may punish by fine, or by imprisonment not exceeding thirty days, any person not a member of [either house] the house of representatives who shall be guilty of disrespect of [such house] the house of representatives by any disorderly or contemptuous behavior in its presence or that of any committee thereof; or who [shall], on account of the exercise of any legislative function, shall threaten harm to the body or estate of any of the members of [such house;] the house of representatives; or who shall assault, arrest or detain any witness or other person ordered to attend [such house,] the house of representatives, on the witness' or other person's way going to or returning therefrom; or who shall rescue any person arrested by order of [such house.] the house of representatives.

    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.

IMPEACHMENT

Section [19.] 17.  The governor and lieutenant governor, and any appointive officer for whose removal the consent of the [senate] house of representatives is required, may be removed from office upon conviction of impeachment for such causes as may be provided by law.

    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.] house of representatives.  When sitting for that purpose, the members of the [senate] house of representatives shall be on oath or affirmation and the chief justice shall preside.  Subject to [the provisions of] this paragraph, the [legislature] house of representatives may provide for the manner and procedure of removal by impeachment of such officers.

    The [legislature] house of representatives 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."

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

"REAPPORTIONMENT YEARS

Section 1.  The year [1973, the year 1981,] 2005 and every tenth year thereafter shall be reapportionment years."

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

"REAPPORTIONMENT COMMISSION

Section 2.  A reapportionment commission shall be constituted on or before May 1 of each reapportionment year and whenever reapportionment is required by court order.  The commission shall consist of nine members.  The [president of the senate and the] speaker of the house of representatives and the minority leader shall each select [two] four members.  [Members of each house belonging to the party or parties different from that of the president or the speaker shall designate one of their number for each house and the two so designated shall each select two members of the commission.]  The eight members so selected, promptly after selection, shall be certified by the selecting authorities to the chief election officer and within thirty days thereafter, shall select, by a vote of six members, and promptly certify to the chief election officer the ninth member who shall serve as chairperson of the 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] house of representatives 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] state house of representatives 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] house of representatives shall appropriate funds to enable the commission to carry out its duties."

    SECTION 5.  Article IV, section 4, of the Constitution of the State of Hawaii is amended to read as follows:

"APPORTIONMENT AMONG BASIC ISLAND UNITS

Section 4.  The commission shall allocate the total number of members of [each house of] the state [legislature] house of representatives being reapportioned among the four basic island units, namely:  (1) the island of Hawaii, (2) the islands of Maui, Lanai, Molokai and Kahoolawe, (3) the island of Oahu and all other islands not specifically enumerated, and (4) the islands of Kauai and Niihau, using the total number of permanent residents in each of the basic island units and computed by the method known as the method of equal proportions; except that no basic island unit shall receive less than one member [in each house]."

    SECTION 6.  Article IV, section 5, of the Constitution of the State of Hawaii is repealed.

[MINIMUM REPRESENTATION FOR BASIC ISLAND UNITS

Section 5.  The representation of any basic island unit initially allocated less than a minimum of two senators and three representatives shall be augmented by allocating thereto the number of senators or representatives necessary to attain such minimums which number, notwithstanding the provisions of Sections 2 and 3 of Article III shall be added to the membership of the appropriate body until the next reapportionment.  The senators or representatives of any basic island unit so augmented shall exercise a fractional vote wherein the numerator is the number initially allocated and the denominator is the minimum above specified.]

    SECTION 7.  Article IV, section 6, of the Constitution of the State of Hawaii is amended to read as follows:

"APPORTIONMENT WITHIN BASIC ISLAND UNITS

Section [6.] 5.  Upon the determination of the total number of members of [each house of] the state [legislature] house of representatives to which each basic island unit is entitled, the commission shall apportion the members among the districts therein and shall redraw district lines where necessary in such manner that for each house the average number of permanent residents per member in each district is as nearly equal to the average for the basic island unit as practicable.

    In effecting such redistricting, the commission shall be guided by the following criteria:

    1.  No district shall extend beyond the boundaries of any basic island unit.

    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.] 6.  Not more than [four members] one member shall be elected from any district.

    [8.] 7.  Where practicable, submergence of an area in a larger district wherein substantially different socio-economic interests predominate shall be avoided."

    SECTION 8.  Article IV, section 7, of the Constitution of the State of Hawaii is amended to read as follows:

"ELECTION OF [SENATORS] REPRESENTATIVES

AFTER REAPPORTIONMENT

Section [7.] 6.  Regardless of whether or not a [senator] representative is serving a term which would have extended past the general election at which an apportionment plan becomes effective, the term of office of all [senators] representatives shall end at that general election.  The staggered terms of [senators] representatives in each district shall be recomputed as established by the next section in this article, and the number of [senators] representatives in a [senatorial] representative district under the reapportionment plan of the commission."

    SECTION 9.  Article IV, section 8, of the Constitution of the State of Hawaii is amended to read as follows:

"STAGGERED TERMS FOR THE [SENATE]

HOUSE OF REPRESENTATIVES

Section [8.] 7.  Any re-elected [senator] representative whose prior term was shortened to two years by the occurrence of the reapportionment year [shall], after reapportionment, shall be assigned to serve a four-year term.  Any new [senator] representative and re-elected [senator] representative whose prior term was not shortened by the occurrence of the reapportionment year [shall], after reapportionment, shall be assigned to serve a two-year term.

    If the number of [senators] representatives assigned to serve a two-year term under the previous paragraph exceeds [twelve,] twenty-five, the number of such [senators] representatives shall be reduced to [twelve] twenty-five by random selection as provided by law."

    SECTION 10.  Article V, section 6, of the Constitution of the State of Hawaii is amended to read as follows:

"EXECUTIVE AND ADMINISTRATIVE OFFICES

AND DEPARTMENTS

Section 6.  All executive and administrative offices, departments and instrumentalities of the state government and their respective powers and duties shall be allocated by law among and within not more than twenty principal departments in such a manner as to group the same according to common purposes and related functions.  Temporary commissions or agencies for special purposes may be established by law and need not be allocated within a principal 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,] house of representatives, 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.] house of representatives.

    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,] house of representatives, 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,] house of representatives, 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] house of representatives is not in session and a vacancy occurs in any office, appointment to which requires the confirmation of the [senate,] house of representatives, 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.] house of representatives.  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.] house of representatives.

    No person who has been nominated for appointment to any office and whose appointment has not received the consent of the [senate] house of representatives 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."

    SECTION 11.  Article VI, section 3, of the Constitution of the State of Hawaii is amended to read as follows:

"APPOINTMENT OF JUSTICES AND JUDGES

Section 3.  The governor, with the consent of the [senate,] house of representatives, shall fill a vacancy in the office of the chief justice, supreme court, intermediate appellate court and circuit 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 governor by the judicial selection commission.

    If the governor fails to make any appointment within thirty days of presentation, or within ten days of the [senate's] house of representatives' rejection of any previous appointment, the appointment shall be made by the judicial selection commission from the list with the consent of the [senate.] house of representatives.  If the [senate] house of representatives fails to reject any appointment within thirty days thereof, it shall be deemed to have given its consent to such appointment.  If the [senate] house of representatives shall reject 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 commission shall make the appointment from the list, without [senate] the consent[.] of the house of representatives.

    The chief justice, with the consent of the [senate,] house of representatives, shall fill a vacancy in the district courts by appointing a person from a list of not less than six nominees for the vacancy presented by the judicial selection commission.  If the chief justice fails to make the appointment within thirty days of presentation, or within ten days of the [senate's] house of representatives' rejection of any previous appointment, the appointment shall be made by the judicial selection commission from the list with the consent of the [senate.] house of representatives.  The [senate] house of representatives shall hold a public hearing and vote on each appointment within thirty days of any appointment.  If the [senate] house of representatives fails to do so, the nomination shall be returned to the commission and the commission shall make the appointment from the list without [senate] the consent[.] of the house of representatives.  The chief justice shall appoint per diem district court judges as provided by law.

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, a judge of the intermediate appellate court and a 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 prior to 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."

    SECTION 12.  Article VI, section 4, of the Constitution of the State of Hawaii is amended to read as follows:

"JUDICIAL SELECTION COMMISSION

Section 4.  There shall be a judicial selection commission that shall consist of nine members.  The governor shall appoint two members to the commission.  No more than one of the two members shall be a licensed attorney.  The [president of the senate and the] speaker of the house of representatives shall [each respectively] appoint [two] four members to the commission.  The chief justice of the supreme court shall appoint one member to the commission.  Members in good standing of the bar of the State shall elect two of their number to the commission in an election conducted by the supreme court or its delegate.  No more than four members of the commission shall be licensed attorneys.  At all times, at least one member of the commission shall be a resident of a county other than the City and County of Honolulu.

    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] house of representatives 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."

    SECTION 13.  Article VII, section 9, of the Constitution of the State of Hawaii is amended to read as follows:

"LEGISLATIVE APPROPRIATIONS; PROCEDURES;

EXPENDITURE CEILING

Section 9.  In each regular session in an odd-numbered year, the [legislature] house of representatives shall transmit to the governor an appropriation bill or bills providing for the anticipated total expenditures of the State for the ensuing fiscal biennium.  In such session, no appropriation bill, except bills recommended by the governor for immediate passage, or to cover the expenses of the [legislature,] house of representatives, shall be passed on final reading until the bill authorizing operating expenditures for the ensuing fiscal biennium, to be known as the general appropriations bill, shall have been transmitted to the governor.

    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] house of representatives 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] house of representatives 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] house of representatives 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,] house of representatives, 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] house of representatives 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,] house of representatives, by a two- thirds vote of [the] its members [to which each house of the legislature is entitled], shall set forth the dollar amount and the rate by which the ceiling will be exceeded and the reasons therefor."

    SECTION 14.  Article VII, section 10, of the Constitution of the State of Hawaii is amended to read as follows:

"AUDITOR

Section 10.  The [legislature,] house of representatives, by a majority vote of [each house in joint session,] its members, shall appoint an auditor who shall serve for a period of eight years and thereafter until a successor shall have been appointed.  The [legislature,] house of representatives, by a two-thirds vote of [the] its members [in joint session], may remove the auditor from office at any time for cause.  It shall be the duty of the auditor to conduct post-audits of the transactions, accounts, programs and performance of all departments, offices and agencies of the State and its political subdivisions, to certify to the accuracy of all financial statements issued by the respective accounting officers and to report the auditor's findings and recommendations to the governor and to the [legislature] house of representatives at such times as shall be provided by law.  The auditor shall also make such additional reports and conduct such other investigations as may be directed by the [legislature.] house of representatives."

    SECTION 15.  Article VII, section 12, of the Constitution of the State of Hawaii is amended to read as follows:

"DEFINITIONS; ISSUANCE OF INDEBTEDNESS

Section 12.  For the purposes of this article:

    1.  The term "bonds" shall include bonds, notes and other instruments 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:

    a. A public undertaking, improvement or system remaining after the costs of operation, maintenance and repair of the public undertaking, improvement or system, and the required payments of the principal of and interest on all revenue bonds issued therefor, have been made; or

    b. 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.

    4.  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.

    5.  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.

    6.  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.

    7.  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.

    8.  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.

    9.  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.

    The [legislature,] house of representatives, by a majority vote of [the] its members [to which each house is entitled], shall authorize the issuance of all general obligation bonds, bonds issued under special improvement statutes and revenue bonds issued by or on behalf of the State and shall prescribe by general law the manner and procedure for such issuance.  The [legislature] house of representatives by general law shall authorize political subdivisions to issue general obligation bonds, bonds issued under special improvement statutes and revenue bonds and shall prescribe the manner and procedure for such issuance.  All such bonds issued by or on behalf of a political subdivision shall be authorized by the governing body of such political subdivision.

    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:

    1. Manufacturing, processing or industrial enterprises;

    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; or

    5. Low and moderate income government housing programs;

    6. Not-for-profit private nonsectarian and sectarian elementary schools, secondary schools, colleges and universities; or

    7. Agricultural enterprises serving important agricultural lands,

Each of which is hereinafter referred to in this paragraph as

special purpose entity.

    The [legislature,] house of representatives, by a two‑thirds vote of [the] its members [to which each house is entitled], may enact enabling legislation for the issuance of special purpose revenue bonds separately for each special purpose entity, and, by a two‑thirds vote of [the] its members [to which each house is entitled] and by separate legislative bill, may authorize the State to issue 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 [legislature.] house of representatives.  The [legislature] house of representatives 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 under contract or from any security for such contract 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] house of representatives 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."

    SECTION 16.  Article VII, section 13, of the Constitution of the State of Hawaii is amended to read as follows:

"DEBT LIMIT; EXCLUSIONS

Section [13.] 11.  General obligation bonds may be issued by the State; provided that such bonds at the time of issuance would not cause the total amount of principal and interest payable in the current or any future fiscal year, whichever is higher, on such bonds and on all outstanding general obligation bonds to exceed:  a sum equal to twenty percent of the average of the general fund revenues of the State in the three fiscal years immediately preceding such issuance until June 30, 1982; and thereafter, a sum equal to eighteen and one-half percent of the average of the general fund revenues of the State in the three fiscal years immediately preceding such issuance.  Effective July 1, 1980, the [legislature] house of representatives shall include a declaration of findings in every general law authorizing the issuance of general obligation bonds that the total amount of principal and interest, estimated for such bonds and for all bonds authorized and unissued and calculated for all bonds issued and outstanding, will not cause the debt limit to be exceeded at the time of issuance.  Any bond issue by or on behalf of the State may exceed the debt limit if an emergency condition is declared to exist by the governor and concurred to by a two- thirds vote of the members [to which each house] of the [legislature is entitled.] house of representatives.  For the purpose of this paragraph, general fund revenues of the State shall not include moneys received as grants from the federal government and receipts in reimbursement of any reimbursable general obligation bonds which are excluded as permitted by this section.

    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:

    1.  Bonds that have matured, or that mature in the then current fiscal year, or that have been irrevocably called for redemption and the redemption date has occurred or will occur in the then fiscal year, or for the full payment of which moneys or securities have been irrevocably set aside.

    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.

    The total outstanding indebtedness of the State or funded debt of any political subdivision and the exclusions therefrom permitted by this section shall be made annually and certified by law or as provided by law.  For the purposes of section 12 and this section, amounts received from on-street parking may be considered and treated as revenues of a parking undertaking.

    Nothing in section 12 or in this section shall prevent the refunding of any bond at any time."

    SECTION 17.  Article X, section 6, of the Constitution of the State of Hawaii is amended to read as follows:

"BOARD OF REGENTS; POWERS

Section 6.  There shall be a board of regents of the University of Hawaii, the members of which shall be nominated and, by and with the advice and consent of the [senate,] house of representatives, appointed by the governor.  At least part of the membership of the board shall represent geographic subdivisions of the State.  The board shall have the power, as provided by law, to formulate policy, and to exercise control over the university through its executive officer, the president of the university, who shall be appointed by the board; except that the board shall have exclusive jurisdiction over the internal organization and management of the university.  This section shall not limit the power of the [legislature] house of representatives to enact laws of statewide concern."

    SECTION 18.  Article XI, section 8, of the Constitution of the State of Hawaii is amended to read as follows:

"NUCLEAR ENERGY

Section 8.  No nuclear fission power plant shall be constructed or radioactive material disposed of in the State without the prior approval by a two-thirds vote [in each house] of the [legislature.] members of the house of representatives."

    SECTION 19.  Article XVI, section  , of the Constitution of the State of Hawaii is amended to read as follows:

"SALARY COMMISSION

     Section    . 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,] house of representatives, 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] house of representatives its recommendations and then dissolve.

The recommended salaries submitted shall become effective as provided in the recommendation, unless the [legislature] house of representatives 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] house of representatives to which the recommendation for the change in salary was submitted."

    SECTION 20.  Article XVI, section 4, of the Constitution of the State of Hawaii is amended to read as follows:

"OATH OF OFFICE

Section 4.  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 the 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,] house of representatives, 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.] house of representatives."

    SECTION 21.  Article XVII, section 3, of the Constitution of the State of Hawaii is amended to read as follows:

"AMENDMENTS PROPOSED BY [LEGISLATURE]

HOUSE OF REPRESENTATIVES

Section 3.  The [legislature] house of representatives may propose amendments to the constitution by adopting the same, in the manner required for legislation, by a two-thirds vote [of each house] on final reading at any session, after [either or both houses] the house of representatives shall have given the governor at least ten days' written notice of the final form of the proposed amendment, or, with or without such notice, by a majority vote [of each house] on final reading at each of two successive sessions.

    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] representative 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."

    SECTION 22.  The question to be printed on the ballot shall be as follows:

    "Shall:

    (1) The legislature be changed from a bicameral legislature with a house of representatives and a senate to a unicameral legislature with only one chamber, to be known as the house of representatives, commencing after the general election in November, 2008;

    (2) The total number of legislators be changed from seventy-six to fifty-one representatives representing fifty-one single-member districts, who shall serve staggered terms of four years each; and

    (3) The composition of the reapportionment commission be changed to provide that four members each shall be appointed by the speaker and minority leader of the house of representatives, with appointees choosing the ninth member?"

    SECTION 23.  Constitutional material to be repealed is bracketed.  New constitutional material is underscored.

     SECTION 24.  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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