This is ready to go JW 1.1.02 *** CSTART HI 08/21/1959 11/05/1968 *** CONSTITUTION OF THE STATE OF HAWAII, [Note: This Constitution was by the Constitutional Convention in 1950 and accepted by the people on November 7, 1950. Four sections were amended in 1959, ratified by the people on June 27, 1959. These are listed separately as amendments and are not included in this original version, but they were part of the Constitution when it first went into effect on August 21, 1959 when Hawaii became a state.] *** ASTART 9001.0 HI 1959 *** PREAMBLE *** SSTART 001.0 9001.0 0 HI 1959 *** We, the people of the State of Hawaii, grateful for Divine Guidance, and mindful of our Hawaiian heritage, reaffirm our belief in a government of the people, by the people and for the people, and with an understanding heart toward all the peoples of the earth do hereby ordain and establish this constitution for the State of Hawaii. *** SEND *** *** AEND *** *** ASTART 9026.0 HI 1959 *** FEDERAL CONSTITUTION ADOPTED *** SSTART 001.0 9026.0 HI 1959 *** The Constitution of the United States of America is adopted on behalf of the people of the State of Hawaii. *** SEND *** *** AEND *** *** ASTART 001.0 HI 1959 *** ARTICLE I BILL OF RIGHTS *** SSTART 001.0 001.0 0 HI 1959 *** SECTION 1. POLITICAL POWER. All political power of this State is inherent in the people; and the responsibility for the exercise thereof rests with the people. All government is founded on this authority. *** SEND *** *** SSTART 002.0 001.0 0 HI 1959 *** SEC. 2. RIGHTS OF MAN. All persons are free by nature and are equal in their inherent and inalienable rights. Among these rights are the enjoyment of life, liberty and the pursuit of happiness, and the acquiring and possessing of property. These rights cannot endure unless the people recognize their corresponding obligations and responsibilities. *** SEND *** *** SSTART 003.0 001.0 0 HI 1959 *** SEC. 3. FREEDOM OF RELIGION, SPEECH, PRESS, ASSEMBLY AND PETITION. No law shall be enacted respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances. *** SEND *** *** SSTART 004.0 001.0 0 HI 1959 *** SEC. 4. DUE PROCESS AND EQUAL PROTECTION. No person shall be deprived of life, liberty or property without due process of law, not be denied the equal protection of the laws, nor be denied the enjoyment of his civil rights or be discriminated against in the exercise thereof because of race, religion, sex or ancestry. *** SEND *** *** SSTART 005.0 001.0 0 HI 1959 *** SEC. 5. SEARCHES AND SEIZURES. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized. *** SEND *** *** SSTART 006.0 001.0 0 HI 1959 *** SEC. 6. RIGHTS OF CITIZENS. No citizen shall be disfranchised, or deprived of any of the rights or privileges secured to other citizens, unless by the law of the land. *** SEND *** *** SSTART 007.0 001.0 0 HI 1959 *** SEC. 7. ENLISTMENT, SEGREGATION. No citizen shall be denied enlistment in any military organization of this State nor be segregated therein because of race, religious principles or ancestry. *** SEND *** *** SSTART 008.0 001.0 0 HI 1959 *** SEC. 8. INDICTMENT, TRIAL BY JURY, CRIMINAL CASES. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the armed forces when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy; nor shall any person be compelled in any criminal case to be a witness against himself. *** SEND *** *** SSTART 009.0 001.0 0 HI 1959 *** SEC. 9. BAIL, EXCESSIVE PUNISHMENT. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted. *** SEND *** *** SSTART 010.0 001.0 0 HI 1959 *** SEC. 10. TRIAL BY JURY, CIVIL CASES. In suits at common law where the value in controversy shall exceed one hundred dollars, the right of trial by jury shall be preserved. The legislature may provide for a verdict by not less than three-fourths of the members of the jury. *** SEND *** *** SSTART 011.0 001.0 0 HI 1959 *** SEC. 11. RIGHTS OF ACCUSED. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the district wherein the crime shall have been committed, which district shall have been previously ascertained by law, or of such other district to which the prosecution may be removed with the consent of the accused; to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense. *** SEND *** *** SSTART 012.0 001.0 0 HI 1959 *** SEC. 12. JURY SERVICE. No person shall be disqualified to serve as a juror because of sex. *** SEND *** *** SSTART 013.0 001.0 0 HI 1959 *** SEC. 13. HABEAS CORPUS AND SUSPENSION OF LAWS. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. 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. *** SEND *** *** SSTART 014.0 001.0 0 HI 1959 *** SEC. 14. SUPREMACY OF CIVIL POWER. The military shall be held in strict subordination to the civil power. *** SEND *** *** SSTART 015.0 001.0 0 HI 1959 *** SEC. 15. RIGHT TO BEAR ARMS. A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. *** SEND *** *** SSTART 016.0 001.0 0 HI 1959 *** SEC. 16. QUARTERING OF SOLDIERS. No soldier or member of the militia shall, in time of peace, be quartered in any house, without the consent of the owner or occupant, nor in time of war, except in a manner prescribed by law. *** SEND *** *** SSTART 017.0 001.0 0 HI 1959 *** SEC. 17. IMPRISONMENT FOR DEBT. There shall be no imprisonment for debt. *** SEND *** *** SSTART 018.0 001.0 0 HI 1959 *** SEC. 18. EMINENT DOMAIN. Private property shall not be taken for public use without just compensation. *** SEND *** *** SSTART 019.0 001.0 0 HI 1959 *** SEC. 19. LIMITATIONS ON SPECIAL PRIVILEGES. The power of the State to act in the general welfare shall never be impaired by the making of any irrevocable grant of special privileges or immunities. *** SEND *** *** SSTART 020.0 001.0 0 HI 1959 *** SEC. 20. CONSTRUCTION. The enumeration of rights and privileges shall not be construed to impair or deny others retained by the people. *** SEND *** *** AEND *** *** ASTART 002.0 HI 1959 *** ARTICLE II SUFFRAGE AND ELECTIONS *** SSTART 001.0 002.0 0 HI 1959 *** SEC. 1. QUALIFICATIONS. Every citizen of the United States, who shall have attained the age of twenty years, have been a resident of this State not less than one year next preceding the election and be a voter registered in accordance with law, shall be qualified to vote in any state or local election. No person shall be qualified to vote unless he is also able, except for physical disability, to speak, read and write the English or Hawaiian language. *** SEND *** *** SSTART 002.0 002.0 0 HI 1959 *** SEC. 2. DISQUALIFICATIONS. No person who is non compos mentis and no person convicted of felony, unless pardoned and restored to his civil rights, shall be qualified to vote. *** SEND *** *** SSTART 003.0 002.0 0 HI 1959 *** SEC. 3. RESIDENCE. No person shall be deemed to have gained or lost residence simply because of his presence or absence while employed in the service of the United States, or while engaged in navigation or while a student at any institution of learning. *** SEND *** *** SSTART 004.0 002.0 0 HI 1959 *** SEC. 4. REGISTRATION, VOTING. The legislature shall provide for the registration of voters and for absentee voting; and shall prescribe the method of voting at all elections. Secrecy of voting shall be preserved. *** SEND *** *** SSTART 005.0 002.0 0 HI 1959 *** SEC. 5. ELECTIONS. General elections shall be held on the first Tuesday after the first Monday in November in all even-numbered years. Special elections may be held in accordance with law. Contested elections shall be determined by a court of competent jurisdiction in such manner as shall be provided by law. *** SEND *** *** AEND *** *** ASTART 003.0 HI 1959 *** ARTICLE III THE LEGISLATURE *** SSTART 001.0 003.0 0 HI 1959 *** SEC. 1. LEGISLATIVE POWER. The legislative power of the State shall be vested in a legislature, which shall consist of two houses, a senate and a 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. *** SEND *** *** SSTART 002.0 003.0 0 HI 1959 *** SEC. 2. SENATE; DISTRICTS; COMPOSITION. The senate shall be composed of twenty-five members, who shall be elected by the qualified voters of the respective senatorial districts. The districts, and the number of senators to be elected from each, shall be as follows: First senatorial district: that portion of the island of Hawaii known as Puna, Hilo and Hamakua, five; Second senatorial district: that portion of the island of Hawaii known as Kau, Kona and Kohala, two; Third senatorial district: the islands of Maui, Molokai, Lanai and Kahoolawe, five; Fourth senatorial district: that portion of the island of Oahu lying east and south of Nuuanu Street and Pali Road and the upper ridge of the Koolau Range from the Nuuanu Pali to Makapuu Point and all other islands not specifically enumerated, five; Fifth senatorial district: that portion of the island of Oahu lying west and north of the fourth senatorial district, five; and Sixth senatorial district: the islands of Kauai and Niihau, three. *** SEND *** *** SSTART 003.0 003.0 0 HI 1959 *** SEC. 3. HOUSE OF REPRESENTATIVES; COMPOSITION. The house of representatives shall be composed of fifty-one members, who shall be elected by the qualified voters of the respective representative districts. Until the next reapportionment, the representative districts and the number of representatives to be elected from each shall be as set forth in the Schedule. *** SEND *** *** SSTART 004.0 003.0 0 HI 1959 *** SEC. 4. REAPPORTIONMENT Of HOUSE. On or before June 1 of the year 1959, and of each tenth year thereafter, the governor shall reapportion the members of the house of representatives in the following manner: The total number of representatives shall first be reapportioned among four basic areas, namely, (1) the island of Hawaii, (2) the islands of Maui, Molokai, Lanai and Kahoolawe, (3) the island of Oahu and all other islands not specifically enumerated, and (4) the islands of Kauai and Niihau, on the basis of the number of voters registered at the last preceding general election in each of such basic areas and computed by the method known as the method of equal proportions, no basic area to receive less than one member. Upon the determination of the total number of representatives to which each basic area is entitled, such total shall be reapportioned among the one or more representative districts within each basic area on the basis of the number of voters registered at the last preceding general election within each of such representative districts and computed by the method known as the method of equal proportions, no representative district to receive less than one member. Upon any reapportionment, should the total number of voters registered in any representative district be less than one-half of the quotient obtained by dividing the total number of voters registered in the State by the total number of members to which the house is entitled, then, as part of such reapportionment, the basic area within which such representative district lies shall be redistricted by the governor in such manner that the total number of voters registered in each new representative district therein shall be more than one-half of such quotient. The governor shall thereupon issue a proclamation showing the results of such reapportionment, and such reapportionment shall be effective for the election of members to such house for the next five succeeding legislatures. MANDAMUS. Original jurisdiction is hereby vested in the supreme court of the State to be exercised on the application of any registered voter, made within thirty days following the date specified above, to compel, by mandamus or otherwise, the governor to perform the above duty; and made within thirty days following the date of such proclamation, to compel, by mandamus or otherwise, the correction of any error made in such reapportionment. *** SEND *** *** SSTART 005.0 003.0 0 HI 1959 *** SEC. 5. ELECTION OF MEMBERS; TERM. The members of the legislature shall be elected at general elections. The term of office of members of the house of representatives shall be two years beginning with their election and ending on the day of the next general election, and the term of office of members of the senate shall be four years beginning with their election and ending on the day of the second general election after their election. *** SEND *** *** SSTART 006.0 003.0 0 HI 1959 *** SEC. 6. VACANCIES. Any vacancy in the legislature shall be filled for the unexpired term in such manner as may be prescribed by law, or, if no provision be made by law, by appointment by the governor for the unexpired term. *** SEND *** *** SSTART 007.0 003.0 0 HI 1959 *** SEC. 7. QUALIFICATIONS OF MEMBERS. No person shall be eligible to serve as a member of the senate unless he shall have attained the age of thirty years, have been a resident of the State for not less than three years and be a qualified voter of the senatorial district from which he seeks to be elected. No person shall be eligible to serve as a member of the house of representatives unless he shall have attained the age of twenty-five years, have been a resident of the State for not less than three years and be a qualified voter of the representative district from which he seeks to be elected. *** SEND *** *** SSTART 008.0 003.0 0 HI 1959 *** SEC. 8. PRIVILEGES OF MEMBERS. No member of the legislature shall be held to answer before any other tribunal for any statement made or action taken in the exercise of his legislative functions; and members of the legislature shall, in all cases except felony or breach of the peace, be privileged from arrest during their attendance at the sessions of their respective houses, and in going to and returning from the same. *** SEND *** *** SSTART 009.0 003.0 0 HI 1959 *** SEC. 9. DISQUALIFICATIONS OF MEMBERS. No member of the legislature shall hold any other public office under the State, nor shall he, during the term for which he 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 office", 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 may prescribe further disqualifications. *** SEND *** *** SSTART 010.0 003.0 0 HI 1959 *** SEC. 10. SALARY AND ALLOWANCES. The members of the legislature shall receive such salary and allowances as may be prescribed by law, but any increase or decrease in the amount thereof shall not apply to the legislature which enacted the same. No salary shall be payable when the senate alone is convened in special session, or when the legislature convenes in special session pursuant to Section 17 of this article. *** SEND *** *** SSTART 011.0 003.0 0 HI 1959 *** SEC. 11. SESSIONS. Regular sessions of the legislature shall be held annually. The governor may convene the legislature, or the senate alone, in special session. All sessions shall be held at the capital of the State. In case the capital shall be unsafe, the governor may direct that any session shall be held at some other place. Regular sessions in odd- numbered years shall be known as "general sessions" and regular sessions in even- numbered years shall be known as "budget sessions." BUDGET SESSIONS. At budget sessions the legislature shall be limited to the consideration and enactment of the general appropriations bill for the succeeding fiscal year and bills to authorize proposed capital expenditures, revenue bills necessary therefor, urgency measures deemed necessary in the public interest, bills calling elections, proposed constitutional amendments and bills to provide for the expenses of such session and the special session to be convened thereafter in accordance with the provisions of Section 17 of this article. The legislature may also consider and act upon matters relating to the impeachment or removal of officers. No urgency measure shall be considered unless a statement of facts constituting such urgency shall be set forth in one section thereof and until such section shall have been first approved by each house. The approval of such section and the final passage of such measure in each house shall require a two-thirds vote of all the members to which such house is entitled, taken by ayes and noes and entered upon its journal. SESSIONS; COMMENCEMENT; DURATION. Regular sessions shall commence at 10:00 o'clock a.m., on the third Wednesday in February. General sessions shall be limited to a period of sixty days and budget sessions and special sessions to a period of thirty days, but the governor may extend any session for not more than thirty days. Sundays and holidays shall be excluded in computing the number of days of any session. *** SEND *** *** SSTART 012.0 003.0 0 HI 1959 *** SEC. 12. ADJOURNMENT. Neither house shall adjourn during any session of the legislature for more than three days, or sine die, without the consent of the other. *** SEND *** *** SSTART 013.0 003.0 0 HI 1959 *** SEC. 13. ORGANIZATION; DISCIPLINE; RULES; PROCEDURE. Each house 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, by suspension or expulsion of such member. Each house 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, be entered upon the journal. Twenty days after a bill has been referred to a committee in either house, the same may be recalled from such committee by the affirmative vote of one-third of the members to which such house is entitled. *** SEND *** *** SSTART 014.0 003.0 0 HI 1959 *** SEC. 14. QUORUM; COMPULSORY ATTENDANCE. A majority of the number of members to which each house is entitled 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 shall require the vote of a majority of all the members to which such house is entitled, 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 may provide. *** SEND *** *** SSTART 015.0 003.0 0 HI 1959 *** SEC. 15. BILLS; ENACTMENT. 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 of the State of Hawaii." *** SEND *** *** SSTART 016.0 003.0 0 HI 1959 *** SEC. 16. PASSAGE OF BILLS. No bill shall become law unless it shall pass three readings in each house, on separate days. 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. *** SEND *** *** SSTART 017.0 003.0 0 HI 1959 *** SEC. 17. APPROVAL OR VETO. Every bill which shall have passed the legislature shall be certified by the presiding officers and clerks of both houses and shall thereupon be presented to the governor. If he approves it, he shall sign it and it shall become law. If the governor does not approve such bill, he may return it, with his objections to the legislature. He may veto any specific item or items in any bill which appropriates money for specific purposes by striking out or reducing the same; but he shall veto other bills, if at all, only as a whole. The governor shall have ten days to consider bills presented to him 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 he 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 him 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 he plans to return such bill with his 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 he shall sign it within ten days after presentation. Sundays and holidays shall be excluded in computing the number of days designated in this section. *** SEND *** *** SSTART 018.0 003.0 0 HI 1959 *** SEC. 18. PROCEDURES UPON VETO. Upon the receipt of a veto message from the governor, each house 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 members to which each house is entitled, the same shall become law. *** SEND *** *** SSTART 019.0 003.0 0 HI 1959 *** SEC. 19. PUNISHMENT OF NONMEMBERS. Each house may punish by fine, or by imprisonment not exceeding thirty days, any person not a member of either house who shall be guilty of disrespect of such house 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, threaten harm to the body or estate of any of the members of such house; or who shall assault, arrest or detain any witness or other person ordered to attend such house, on his way going to or returning therefrom; or who shall rescue any person arrested by order of such house. Any person charged with such an offense shall be informed in writing of the charge made against him, and have an opportunity to present evidence and be heard in his own defense. *** SEND *** *** SSTART 020.0 003.0 0 HI 1959 *** SEC. 20. IMPEACHMENT. The governor and lieutenant governor, and any appointive officer for whose removal the consent of the senate 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. 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 according to law. *** SEND *** *** AEND *** *** ASTART 004.0 HI 1959 *** ARTICLE IV THE EXECUTIVE *** SSTART 001.0 004.0 0 HI 1959 *** SEC. 1. ESTABLISHMENT OF THE EXECUTIVE. The executive power of the State shall be vested in a governor. The governor shall be elected by the qualified voters of this State at a general election. The person receiving the highest number of votes shall be the governor. In case of a tie vote, the selection of the governor shall be determined in accordance with law. The term of office of the governor shall begin at noon on the first Monday in December next following his election and end at noon on the first Monday in December, four years thereafter. No person shall be eligible to the office of governor unless he shall be a qualified voter, have attained the age of thirty-five years and have been a citizen of the United States for twenty years and a resident of this State for five years next preceding his election. The governor shall not hold any other office or employment of profit under the State or the United States during his term of office. *** SEND *** *** SSTART 002.0 004.0 0 HI 1959 *** SEC. 2. LIEUTENANT GOVERNOR. There shall be a lieutenant governor, who shall have the same qualifications as the governor. He shall be elected at the same time, for the same term, and in the same manner, as the governor. He shall perform such duties as may be prescribed by law. *** SEND *** *** SSTART 003.0 004.0 0 HI 1959 *** SEC. 3. COMPENSATION: GOVERNOR, LIEUTENANT GOVERNOR. The compensation of the governor and of the lieutenant governor shall be prescribed by law, but shall not be less than eighteen thousand dollars, and twelve thousand dollars, respectively, per annum. Such compensation shall not be increased or diminished for their respective terms, unless by general law applying to all salaried officers of the State. When the lieutenant governor succeeds to the office of governor, he shall receive the compensation for that office. *** SEND *** *** SSTART 004.0 004.0 0 HI 1959 *** SEC. 4. SUCCESSION TO GOVERNORSHIP; ABSENCE OR DISABILITY OF GOVERNOR. When the office of governor is vacant, the lieutenant governor shall become governor. In the event of the absence of the governor from the State, or his inability to exercise and discharge the powers and duties of his office, such powers and duties shall devolve upon the lieutenant governor during such absence or disability. When the office of lieutenant governor is vacant, or in the event of the absence of the lieutenant governor from the State, or his inability to exercise and discharge the powers and duties of his 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, he shall not exercise the powers of his office until acquitted. *** SEND *** *** SSTART 005.0 004.0 0 HI 1959 *** SEC. 5. EXECUTIVE POWERS. The governor shall be responsible for the faithful execution of the laws. He shall be commander in chief of the armed forces of the State and may call out such forces to execute the laws, suppress or prevent insurrection or lawless violence or repel invasion. He shall, at the beginning of each session, and may, at other times, give to the legislature information concerning the affairs of the State and recommend to its consideration such measures as he shall deem expedient. 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 his pleasure. *** SEND *** *** SSTART 006.0 004.0 0 HI 1959 *** SEC. 6. EXECUTIVE AND ADMINISTRATIVE OFFICES AND DEPARTMENTS. All executive and administrative offices, departments and instrumentalities of the state government and their respective functions, powers and duties shall be allocated by law among and within not more than twenty principal departments in such manner as to group the same according to major purposes so far as practicable. 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, appointed by the governor and he shall hold office for a term to expire at the end of the term for which the governor was elected. The governor may, by and with the advice and consent of the senate, remove such single executive. 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 prescribed by law. Such board, commission or other body may appoint a principle executive officer, who, when authorized by law, may be ex officio a 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 made by this constitution or by law. The legislature may provide for the suspension or removal for cause, by the governor, of any officer for whose removal the consent of the senate is required by this constitution. 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, unless such appointment is confirmed, expire at the end of the next session of the senate; but the person so appointed shall not be eligible for another interim appointment to such office if the appointment shall have failed of confirmation 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. All officers appointed under the provisions of this section shall be citizens of this State and shall have been residents of the State for at least three years next preceding their appointment. *** SEND *** *** AEND *** *** ASTART 005.0 HI 1959 *** ARTICLE V THE JUDICIARY *** SSTART 001.0 005.0 0 HI 1959 *** SEC. 1. JUDICIARY POWER. The judicial power of the State shall be vested in one supreme court, circuit courts, and in such inferior courts as the legislature may from time to time establish. The several courts shall have original and appellate jurisdiction as provided by law. *** SEND *** *** SSTART 002.0 005.0 0 HI 1959 *** SEC. 2. SUPREME COURT. The supreme court shall consist of a chief justice and four associate justices. When necessary, the chief justice shall assign a judge or judges of a circuit court to serve temporarily on the supreme court. In case of a vacancy in the office of chief justice, or if he is ill, absent or otherwise unable to serve, an associate justice designated in accordance with the rules of the supreme court shall serve temporarily in his stead. *** SEND *** *** SSTART 003.0 005.0 0 HI 1959 *** SEC. 3. APPOINTMENT OF JUDGES. The governor shall nominate and, by and with the advice and consent of the senate, appoint the justices of the supreme court and the judges of the circuit courts. No nomination shall be sent to the senate, and no interim appointment shall be made when the senate is not in session, until after ten days' public notice by the governor. QUALIFICATIONS. No justice or judge shall hold any other office or position of profit under the State or the United States. No person shall be eligible to such office who shall not have been admitted to practice law before the supreme court of this State for at least ten years. Any justice or judge who shall become a candidate for an elective office shall thereby forfeit his office. TENURE; COMPENSATION; RETIREMENT; REMOVAL. The term of office of a justice of the supreme court shall be seven years and that of a judge of a circuit court shall be six years. They shall receive for their services such compensation as may be prescribed by law, which shall not be diminished during their respective terms of office, unless by general law applying to all salaried officers of the State. They shall be retired upon attaining the age of seventy years. They shall be included in any retirement law of the State. They shall be subject to removal from office upon the concurrence of two-thirds of the membership of each house of the legislature, sitting in joint session, for such causes and in such manner as may be provided by law. *** SEND *** *** SSTART 004.0 005.0 0 HI 1959 *** SEC. 4. RETIREMENT FOR INCAPACITY. Whenever a commission or agency, authorized by law for such purpose, shall certify to the governor that any justice of the supreme court or judge of a circuit court appears to be so incapacitated as substantially to prevent him from performing his judicial duties, the governor shall appoint a board of three persons to inquire into the circumstances and on their recommendation the governor may retire the justice or judge from office. *** SEND *** *** SSTART 005.0 005.0 0 HI 1959 *** SEC. 5. ADMINISTRATION. The chief justice of the supreme court shall be the administrative head of the courts. He may assign judges from one circuit court to another for temporary service. With the approval of the supreme court he shall appoint an administrative director to serve at his pleasure. *** SEND *** *** SSTART 006.0 005.0 0 HI 1959 *** SEC. 6. RULES. The supreme court shall have power to promulgate rules and regulations in all civil and criminal cases for all courts relating to process, practice, procedure and appeals, which shall have the force and effect of law. *** SEND *** *** AEND *** *** ASTART 006.0 HI 1959 *** ARTICLE VI TAXATION AND FINANCE *** SSTART 001.0 006.0 0 HI 1959 *** SEC. 1. TAXING POWER INALIENABLE. The power of taxation shall never be surrendered, suspended or contracted away. *** SEND *** *** SSTART 002.0 006.0 0 HI 1959 *** SEC. 2. TAXATION OF NONRESIDENT CITIZENS. The land and other property belonging to citizens of the United States residing without the State shall never be taxed at a higher rate than the lands and other property belonging to residents thereof. *** SEND *** *** SSTART 003.0 006.0 0 HI 1959 *** SEC. 3. DEBT LIMITATIONS. All bonds and other instruments of indebtedness issued by or on behalf of the State or a political subdivision thereof must be authorized by the legislature, and bonds and other instruments of indebtedness of a political subdivision must also be authorized by its governing body. Sixty million dollars is established as the limit of the funded debt of the State at any time outstanding and unpaid. Bonds and other instruments of indebtedness in excess of such limit may be issued when authorized by a two-thirds vote of all the members to which each house of the legislature is entitled, provided such excess debt, at the time of authorization, would not cause the total of state indebtedness to exceed a sum equal to fifteen percent of the total of assessed values for tax rate purposes of real property in the State, as determined by the last tax assessment rolls pursuant to law. Instruments of indebtedness 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, which shall be payable within one year, and bonds or other instruments of indebtedness to suppress insurrection, to repel invasion, to defend the State in war or to meet emergencies caused by disaster or act of God, may be issued by the State under legislative authorization without regard to any debt limit. A sum equal to ten percent of the total of the assessed values for tax rate purposes of real property in any 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 at any time outstanding and unpaid. The aggregate, however, of such debts contracted by any political subdivision during a fiscal year shall not exceed two percent of the total of such assessed values in such political subdivision. Instruments of indebtedness 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, which shall be payable within one year, may be issued by any political subdivision under authorization of law and of its governing body, without regard to the limits of debt hereinabove provided. All bonds or other instruments of indebtedness for a term exceeding one year shall be in serial form maturing in substantially equal annual installments, the first installment to mature not later than five years from the date of the issue of such series, and the last installment not later than thirty-five years from the date of such issue. Interest and principal payments shall be a first charge on the general revenues of the State or political subdivision, as the case may be. The provisions of this section shall not be applicable to indebtedness incurred under revenue bond statutes by a public enterprise of the State or political subdivision, or by a public corporation, when the only security for such indebtedness is the revenues of such enterprise or public corporation, or to indebtedness incurred under special improvement statutes when the only security for such indebtedness is the properties benefited or improved or the assessments thereon. Nothing in this section shall prevent the refunding of any indebtedness at any time. *** SEND *** *** SSTART 004.0 006.0 0 HI 1959 *** SEC. 4. THE BUDGET. Within such time prior to the opening of each regular session as may be prescribed by law, the governor shall submit to the legislature a budget setting forth a complete plan of proposed general fund expenditures and anticipated receipts of the State for the ensuing fiscal period, together with such other information as the legislature may require. The budget shall be compiled in two parts, one setting forth all proposed operating expenditures for the ensuing fiscal period and the other, all capital improvements expenditures proposed to be undertaken during such period. The governor shall also, upon the opening of the session, submit bills to provide for such proposed expenditures and for any recommended additional revenues or borrowings by which the proposed expenditures are to be met. Such bills shall be introduced in the legislature upon the opening of each regular session. *** SEND *** *** SSTART 005.0 006.0 0 HI 1959 *** SEC. 5. LEGISLATIVE APPROPRIATIONS; PROCEDURES. No 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 the bill authorizing operating expenditures for the ensuing fiscal period, to be known as the general appropriations bill, shall have been transmitted to the governor. *** SEND *** *** SSTART 006.0 006.0 0 HI 1959 *** SEC. 6. APPROPRIATIONS FOR PRIVATE PURPOSES PROHIBITED. No tax shall be levied or appropriation of public money or property made, nor shall the public credit be used, directly or indirectly, except for a public purpose. No grant shall be made in violation of Section 3 of Article I of this constitution. *** SEND *** *** SSTART 007.0 006.0 0 HI 1959 *** SEC. 7. EXPENDITURE CONTROLS. Provision for the control of the rate of expenditures of appropriated state moneys, and for the reduction of such expenditures under prescribed conditions, shall be made by law. *** SEND *** *** SSTART 008.0 006.0 0 HI 1959 *** SEC. 8. AUDITOR. The legislature, by a majority vote of each house in joint session, shall appoint an auditor who shall serve for a period of eight years and thereafter until a successor shall have been appointed. The legislature, by a two-thirds vote of the 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 all transactions and of all accounts kept by or for 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 his findings and recommendations to the governor and to the legislature at such times as shall be prescribed by law. He shall also make such additional reports and conduct such other investigations as may be directed by the legislature. *** SEND *** *** AEND *** *** ASTART 007.0 HI 1959 *** ARTICLE VII LOCAL GOVERNMENT *** SSTART 001.0 007.0 0 HI 1959 *** SEC. 1. POLITICAL SUBDIVISIONS; CREATION, POWERS. The legislature shall create counties, and may create other political subdivisions within the State, and provide for the government thereof. Each political subdivision shall have and exercise such powers as shall be conferred under general laws. *** SEND *** *** SSTART 002.0 007.0 0 HI 1959 *** SEC. 2. LOCAL SELF-GOVERNMENT; CHARTER. Each political subdivision shall have power to frame and adopt a charter for its own self-government within such limits and under such procedures as may be prescribed by law. *** SEND *** *** SSTART 003.0 007.0 0 HI 1959 *** SEC. 3. TAXATION AND FINANCE. The taxing power shall be reserved to the State except so much thereof as may be delegated by the legislature to the political subdivisions, and the legislature shall have the power to apportion state revenues among the several political subdivisions. *** SEND *** *** SSTART 004.0 007.0 0 HI 1959 *** SEC. 4. MANDATES; ACCRUED CLAIMS. No law shall be passed mandating any political subdivision to pay any previously accrued claim. *** SEND *** *** SSTART 005.0 007.0 0 HI 1959 *** SEC. 5. STATE-WIDE LAWS. This article shall not limit the power of the legislature to enact laws of state-wide concern. *** SEND *** *** AEND *** *** ASTART 008.0 HI 1959 *** ARTICLE VIII PUBLIC HEALTH AND WELFARE *** SSTART 001.0 008.0 0 HI 1959 *** SEC. 1. PUBLIC HEALTH. The State shall provide for the protection and promotion of the public health. *** SEND *** *** SSTART 002.0 008.0 0 HI 1959 *** SEC. 2. CARE OF HANDICAPPED. The State shall have power to provide for treatment and rehabilitation, as well as domiciliary care, of mentally or physically handicapped persons. *** SEND *** *** SSTART 003.0 008.0 0 HI 1959 *** SEC. 3. PUBLIC ASSISTANCE. The State shall have power to provide assistance for persons unable to maintain a standard of living compatible with decency and health. *** SEND *** *** SSTART 004.0 008.0 0 HI 1959 *** SEC. 4. SLUM CLEARANCE, REHABILITATION AND HOUSING. The State shall have power to provide for, or assist in, slum clearance and the development or rehabilitation of substandard areas, including housing for persons of low income. *** SEND *** *** SSTART 005.0 008.0 0 HI 1959 *** SEC. 5. PUBLIC SIGHTLINESS AND GOOD ORDER. The State shall have power to conserve and develop its natural beauty, objects and places of historic or cultural interest, sightliness and physical good order, and for that purpose private property shall be subject to reasonable regulation. *** SEND *** *** AEND *** *** ASTART 009.0 HI 1959 *** ARTICLE IX EDUCATION *** SSTART 001.0 009.0 0 HI 1959 *** SEC. 1. PUBLIC EDUCATION. The State shall provide for the establishment, support and control of a statewide system of public schools free from sectarian control, a state university, public libraries and such other educational institutions as may be deemed desirable, including physical facilities therefor. There shall be no segregation in public educational institutions because of race, religion or ancestry; nor shall public funds be appropriated for the support or benefit of any sectarian or private educational institution. *** SEND *** *** SSTART 002.0 009.0 0 HI 1959 *** SEC. 2. BOARD OF EDUCATION. There shall be a board of education, the members of which shall be nominated and, by and with the advice and consent of the senate, appointed by the governor from panels submitted by local school advisory councils to be established by law. At least part of the membership of the board shall represent geographic subdivisions of the State. *** SEND *** *** SSTART 003.0 009.0 0 HI 1959 *** SEC. 3. POWERS OF THE BOARD OF EDUCATION. The board of education shall have power, in accordance with law, to formulate policy, and to exercise control over the public school system through its executive officer, the superintendent of education, who shall be appointed by the board and shall be ex officio a voting member thereof. *** SEND *** *** SSTART 004.0 009.0 0 HI 1959 *** SEC. 4. UNIVERSITY OF HAWAII. The University of Hawaii is hereby established as the state university and constituted a body corporate. It shall have title to all the real and personal property now or hereafter set aside or conveyed to it, which shall be held in public trust for its purposes, to be administered and disposed of according to law. *** SEND *** *** SSTART 005.0 009.0 0 HI 1959 *** SEC. 5. BOARD OF REGENTS; POWERS. 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, appointed by the governor. At least part of the membership of the board shall represent geographic subdivisions of the State. The president of the university and the superintendent of public instruction shall be ex officio voting members of the board. The board shall have power, in accordance with 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. *** SEND *** *** AEND *** *** ASTART 010.0 HI 1959 *** ARTICLE X CONSERVATION AND DEVELOPMENT OF RESOURCES *** SSTART 001.0 010.0 0 HI 1959 *** SEC. 1. RESOURCES; CONSERVATION, DEVELOPMENT AND USE. The legislature shall promote the conservation, development and utilization of agricultural resources, and fish, mineral, forest, water, land, game and other natural resources. *** SEND *** *** SSTART 002.0 010.0 0 HI 1959 *** SEC. 2. NATURAL RESOURCES; MANAGEMENT AND DISPOSITION. The legislature shall vest in one or more executive boards or commissions powers for the management of natural resources owned or controlled by the State, and such powers of disposition thereof as may he authorized by law; but land set aside for public use, other than for a reserve for conservation purposes, need not be placed under the jurisdiction of such a board or commission. 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. *** SEND *** *** SSTART 003.0 010.0 0 HI 1959 *** SEC. 3. SEA FISHERIES. All fisheries in the sea waters of the State not included in any fish pond or artificial enclosure shall be free to the public, subject to vested rights and the right of the State to regulate the same. *** SEND *** *** SSTART 004.0 010.0 0 HI 1959 *** SEC. 4. GENERAL LAWS REQUIRED; EXCEPTIONS. The legislative power over the lands owned by or under the control of the State and its political subdivisions shall be exercised only by general laws, except in respect to transfers to or for the use of the State, a political subdivision, or any department or agency thereof. *** SEND *** *** SSTART 005.0 010.0 0 HI 1959 *** SEC. 5. FARM AND HOME OWNERSHIP. The public lands shall be used for the development of farm and home ownership on as widespread a basis as possible, in accordance with procedures and limitations prescribed by Law. *** SEND *** *** AEND *** *** ASTART 011.0 HI 1959 *** ARTICLE XI HAWAIIAN HOME LANDS *** SSTART 001.0 011.0 0 HI 1959 *** SEC. 1. HAWAIIAN HOMES COMMISSION ACT. Anything in this constitution to the contrary notwithstanding, the Hawaiian Homes Commission Act, 1920, enacted by the Congress, as the same has been or may be amended prior to the admission of the State, is hereby adopted as a law of the State, subject to amendment or repeal by the legislature, provided, that, if and to the extent that the United States shall so require said law shall be subject to amendment or repeal only with the consent of the United States and in no other manner, provided, further, that, if the United States shall have been provided or shall provide that particular provisions or types of provisions of said Act may be amended in the manner required for ordinary state legislation, such provisions or types of provisions may be so amended. The proceeds and income from Hawaiian home lands shall be used only in accordance with the terms of said Act, and the legislature may, from time to time, make additional sums available for the purposes of said Act by appropriating the same in the manner provided by law. *** SEND *** *** SSTART 002.0 011.0 0 HI 1959 *** SEC. 2. COMPACT WITH THE UNITED STATES. The State and its people do hereby accept, as a compact with the United States, or as conditions or trust provisions imposed by the United States, relating to the management and disposition of the Hawaiian home lands, the requirement that Section 1 hereof be included in this constitution, in whole or in part, it being intended that the Act or Acts of the Congress pertaining thereto shall be definitive of the extent and nature of such compact, conditions or trust provisions, as the case may be. The State and its people do further agree and declare that the spirit of the Hawaiian Homes Commission Act looking to the continuance of the Hawaiian homes projects for the further rehabilitation of the Hawaiian race shall be faithfully carried out. *** SEND *** *** AEND *** *** ASTART 012.0 HI 1959 *** ARTICLE XII ORGANIZATION, COLLECTIVE BARGAINING *** SSTART 001.0 012.0 0 HI 1959 *** SEC. 1. PRIVATE EMPLOYEES. Persons in private employment shall have the right to organize for the purpose of collective bargaining. PUBLIC EMPLOYEES. Persons in public employment shall have the right to organize and to present and make known their grievances and proposals to the State, or any political subdivision or any department or agency thereof. *** SEND *** *** AEND *** *** ASTART 013.0 HI 1959 *** ARTICLE XIII STATE BOUNDARIES, CAPITAL, FLAG *** SSTART 001.0 013.0 0 HI 1959 *** SEC. 1. BOUNDARIES. The State of Hawaii shall include the islands and territorial waters heretofore constituting the Territory of Hawaii. *** SEND *** *** SSTART 002.0 013.0 0 HI 1959 *** SEC. 2. CAPITAL. Honolulu, on the Island of Oahu shall be the capital of the State. *** SEND *** *** SSTART 003.0 013.0 0 HI 1959 *** SEC. 3. STATE FLAG. The Hawaiian flag shall be the flag of the State. *** SEND *** *** AEND *** *** ASTART 014.0 HI 1959 *** ARTICLE XIV GENERAL AND MISCELLANEOUS PROVISIONS *** SSTART 001.0 014.0 0 HI 1959 *** SEC.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. *** SEND *** *** SSTART 002.0 014.0 0 HI 1959 *** SEC. 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. *** SEND *** *** SSTART 003.0 014.0 0 HI 1959 *** SEC. 3. DISQUALIFICATION FOR DISLOYALTY. No person who advocates, or who aids or belongs to any party, organization or association which advocates, the overthrow by force or Violence of the government of this State or of the United States shall be qualified to hold any public office or employment. *** SEND *** *** SSTART 004.0 014.0 0 HI 1959 *** SEC. 4. OATH OF OFFICE. All 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." The legislature may prescribe further oaths or affirmations. *** SEND *** *** SSTART 005.0 014.0 0 HI 1959 *** SEC. 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, and funds may be appropriated to effect such cooperation. *** SEND *** *** SSTART 006.0 014.0 0 HI 1959 *** SEC. 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. *** SEND *** *** SSTART 007.0 014.0 0 HI 1959 *** SEC. 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. *** SEND *** *** SSTART 008.0 014.0 0 HI 1959 *** SEC. 8. ADMINISTRATION OF UNDISPOSED LANDS. The lands and other property, the final determination and disposition of which shall not have been made by the Congress upon the admission of this State, shall, pending such determination and disposition, continue to be administered in accordance with the laws applicable thereto immediately prior to the admission of this State, except as the Congress may consent to any amendment of said laws, and no provision of this constitution for the exercise of powers or functions other than in accordance with such laws shall, without the consent of the Congress, apply to the lands or property so administered. *** SEND *** *** SSTART 009.0 014.0 0 HI 1959 *** SEC. 9. FEDERAL PROPERTY, TAX EXEMPTION. 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. *** SEND *** *** SSTART 010.0 014.0 0 HI 1959 *** SEC. 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. *** SEND *** *** SSTART 011.0 014.0 0 HI 1959 *** SEC. 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 said act or resolution which preserve for the State judicial rights and powers 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. *** SEND *** *** SSTART 012.0 014.0 0 HI 1959 *** SEC. 12. TITLES, SUBTITLES, PERSONAL PRONOUNS; CONSTRUCTION. Titles and subtitles shall not be used for purposes of construing this constitution. Whenever any personal pronoun appears in this constitution, it shall be construed to mean either sex. *** SEND *** *** SSTART 013.0 014.0 0 HI 1959 *** SEC. 13. 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. *** SEND *** *** SSTART 014.0 014.0 0 HI 1959 *** SEC. 14. PROVISIONS SELF-EXECUTING. The provisions of this constitution shall be self-executing to the fullest extent that their respective natures permit. *** SEND *** *** AEND *** *** ASTART 015.0 HI 1959 *** ARTICLE XV REVISION AND AMENDMENT *** SSTART 001.0 015.0 0 HI 1959 *** SEC. 1. METHODS OF PROPOSAL. Revisions of or amendments to this constitution may be proposed by constitutional convention or by the legislature. *** SEND *** *** SSTART 002.0 015.0 0 HI 1959 *** SEC. 2. CONSTITUTIONAL CONVENTION. The legislature may submit to the electorate at any general or special election the question, "Shall there be a convention to propose a revision of or amendments to the Constitution?" If any ten-year period shall elapse during which the question shall not have been submitted, the lieutenant governor shall certify the question, to be voted on at the first general election following the expiration of such period. ELECTION OF DELEGATES. If a majority of the ballots cast upon such 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 XIV, any qualified voter of the district concerned shall be eligible to membership in the convention. Unless the legislature shall otherwise provide, there shall be the same number of delegates to such convention, who shall he elected from the same areas, and the convention shall be convened in the same manner, as nearly as practicable, as required for the Hawaii State Constitutional Convention of 1950. 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, but no such revision or amendments shall be effective unless approved at a general election by a majority of all of the votes tallied upon the question, such majority constituting at least thirty-five percent of the total vote cast at such election, or at a special election by a majority of the total vote tallied upon such question, such majority constituting at least thirty-five percent of the total number of registered voters; provided, that no constitutional amendment altering this proviso or the representation from any senatorial district in the senate shall become effective unless it shall also be approved by a majority of the votes tallied upon the question in each of a majority of the counties. 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. *** SEND *** *** SSTART 003.0 015.0 0 HI 1959 *** SEC.3. AMENDMENTS PROPOSED BY LEGISLATURE. The legislature 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 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 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. *** SEND *** *** SSTART 004.0 015.0 0 HI 1959 *** SEC. 4. VETO. No proposal for amendment of the constitution adopted in either manner provided by this article shall be subject to veto by the governor. *** SEND *** *** AEND *** *** ASTART 016.0 HI 1959 *** ARTICLE XVI SCHEDULE *** SSTART 001.0 016.0 0 HI 1959 *** REPRESENTATIVE DISTRICTS SEC. 1. DESCRIPTION; NUMBER OF MEMBERS. As provided in Section 3 of Article III until the next reapportionment, the representative districts and the number of members to be elected from each shall be as follows: First representative district: that portion of the island of Hawaii known as Puna, one representative; Second representative district: that portion of the island of Hawaii known as South Hilo, four representatives; Third representative district: that portion of the island of Hawaii known as North Hilo and Hamakua, one representative; Fourth representative district: that portion of the island of Hawaii known as Kau and South Kona and that portion of North Kona, for convenience herein referred to as Keauhou, more particularly described as follows: from a point at the seashore between the lands of Holualoa 1 and 2 and Puapuaa 2 running northeasterly along the boundary of Holualoa 1 and 2 to Puu Laalaau; (2) easterly in a straight line to a point called "Naohueleelua" being the common corner of the lands of Puuanahulu, Kaohe and Keauhou 2nd; (3) southeasterly along the common boundary between Hamakua and North Kona districts to the summit of Mauna Loa; (4) westerly along the common boundary between Kau and North Kona districts to the easterly boundary of South Kona district; (5) northerly and westerly along the boundary between North and South Kona districts to the seashore; and (6) northerly along the seashore to the point of beginning, one representative; Fifth representative district: that portion of the island of Hawaii known as Kohala and that portion of North Kona not included in the fourth representative district, one representative; Sixth representative district: the islands of Molokai and Lanai, one representative; Seventh representative district: the islands of Maui and Kahoolawe, five representatives; Eighth representative district: that portion of the island of Oahu known as Koolaupoko and Koolauloa, two representatives; Ninth representative district: that portion of the island of Oahu, for convenience herein referred to as Waialua and Wahiawa, two representatives; Tenth representative district: that portion of the island of Oahu known as Ewa and Waianae, two representatives; Eleventh representative district: that portion of the island of Oahu, for convenience herein referred to as Kalihi, more particularly described as follows: from the intersection of Kalihi and Auiki Streets running westerly along Auiki Street to Mokauea Street; (2) southwesterly along Mokauea Street Extension extended to a point on the outer edge of the reef; (3) westerly along the outer edge of the reef to a point on the Moanalua-Halawa boundary; (4) northerly and northeasterly along the Moanalua-Halawa boundary to the top of Koolau Range; (5) southeasterly along the top of Koolau Range to a place called "Puu Lanihuli"; (6) southwesterly along the top of the ridge between the lands of Kalihi, Kapalama and Nuuanu to Kalihi Street; and (7) southwesterly along Kalihi Street to the point of beginning, three representatives; Twelfth representative district: that portion of the island of Oahu, for convenience herein referred to as upper Nuuanu, more particularly described as follows: from the intersection of King and Kalihi Streets running northeasterly along Kalihi Street to the ridge between the lands of Kalihi, Kapalama and Nuuanu; (2) northeasterly along the top of said ridge to a point on the Koolau Range called "Puu Lanihuli"; (3) easterly along the top of said Range to Pali Road at the Nuuanu Pali; (4) southwesterly along Pali Road to Nuuanu Avenue and southwesterly along Nuuanu Avenue to School Street; (5) northwesterly along School Street to the center line of the Kapalama Drainage Canal (Waikiki Branch); (6) southwesterly along said Canal to the center line of the main Kapalama Drainage Canal; (7) southwesterly along said Canal to King Street; and (8) northwesterly along King Street to the point of beginning, three representatives; Thirteenth representative district: that portion of the island of Oahu, for convenience herein referred to as Kapalama, more particularly described as follows: from the junction of the Honolulu Harbor Channel and the reef running westerly along the outer edge of the reef to Mokauea Street Extension extended; (2) northeasterly along Mokauea Street Extension extended to Sand Island Road; (3) northeasterly along Mokauea Street Extension to Auiki Street; (4) easterly along Auiki Street to Kalihi Street; (5) northeasterly along Kalihi Street to King Street; (6) southeasterly along King Street to the center line of the main Kapalama Drainage Canal; (7) northerly along said Canal to the center line of the Kapalama Drainage Canal (Waikiki Branch); (8) northeasterly along said Canal to School Street; (9) southeasterly along School Street to Nuuanu Avenue; (10) southwesterly along Nuuanu Avenue to the sea; and (11) southwesterly along the middle of Honolulu Harbor and Honolulu Harbor Channel to the point of beginning, three representatives; Fourteenth representative district: that portion of the island of Oahu for convenience herein referred to as Pauoa, more particularly described as follows: from the junction of the Honolulu Harbor Channel and the outer edge of the reef running northeasterly along the middle of Honolulu Harbor Channel and Honolulu Harbor to the intersection of Queen Street and Nuuanu Avenue; (2) northeasterly along Nuuanu Avenue to Pali Road and northeasterly along Pali Road to the top of the Koolau Range at the Nuuanu Pali; (3) easterly and southerly along the top of the Koolau Range to a point called "Puu Konahuanui"; (4) southwesterly along the top of the ridge between the lands of Nuuanu, Pauoa and Manoa to a mountain peak called "Puu Ohia" or "Tantalus"; (5) southwesterly along the top of the ridge between the lands of Makiki and Kalawahine to the intersection of Nehoa Street and Lewalani Drive; (6) southerly along Lewalani Drive and Piikoi Street to Wilder Avenue; (7) easterly along Wilder Avenue to Punahou Street; (8) southerly along Punahou Street to King Street; (9) westerly along King Street to Kalakaua Avenue; (10) southerly along Kalakaua Avenue to the center line of the Ala Wai Canal; (11) westerly along said Canal and along the line of said Canal extended to the outer edge of the reef; and (12) westerly along the outer edge of the reef to the point of beginning, five representatives; Fifteenth representative district: that portion of the island of Oahu, for convenience herein referred to as Manoa and Waikiki, more particularly described as follows: from the intersection of Kalakaua Avenue and the center line of the Ala Wai Canal running northerly along Kalakaua Avenue to King Street; (2) easterly along King Street to Punahou Street; (3) northerly along Punahou Street to Wilder Avenue; (4) westerly along Wilder Avenue to Piikoi Street; (5) northerly along Piikoi Street to Lewalani Drive; (6) northerly along Lewalani Drive to Nehoa Street; (7) northeasterly along the top of the ridge between the lands of Makiki and Kalawahine to a mountain peak called "Puu Ohia" or "Tantalus"; (8) northeasterly along the top of the ridge between the lands of Pauoa, Manoa and Nuuanu to a point on the Koolau Range called "Puu Konahuanui"; (9) southeasterly along the top of said Range to a place called "Mt. Olympus"; (10) southwesterly along the top of Waahila Ridge to the top edge of Pablo Valley; (11) southwesterly along the top edge of said Valley to the forest reserve boundary; (12) southwesterly along the southeasterly boundary of St. Louis Heights Tract, Series 2 (File Plan 464) to the southerly boundary of said Tract 100 feet southeasterly from Alencastre Street; (13) southwesterly parallel to and 100 feet from Alencastre Street and St. Louis Drive to Waialae Avenue; (14) westerly along Waialae Avenue to Kapahulu Avenue extended; (15) southerly across Waialae Avenue and along Kapahulu Avenue to Kalakaua Avenue; (16) westerly along Kapahulu Avenue extended to the outer edge of the reef; (17) northwesterly along the outer edge of the reef to a point on the line extended of the center line of the Ala Wai Canal; and (18) easterly along said line to the point of beginning, six representatives; Sixteenth representative district: that portion of the island. of Oahu, for convenience herein referred to as Kaimuki and Kapahulu, more particularly described as follows: from a point at the seacoast at a place called "Black Point" running westerly along the seacoast to Kapahulu Avenue extended to the sea; (2) easterly across Kalakaua Avenue and easterly and northerly along Kapahulu Avenue to Waialae Avenue;. (3) easterly along Waialae Avenue to a point 100 feet easterly of St. Louis Drive; (4) northeasterly across Waialae Avenue then parallel to and 100 feet from St. Louis Drive and Alencastre Street to the southerly boundary of St. Louis Heights Tract, Series 2 (File Plan No. 464); (5) northeasterly along the southeasterly boundary of said Tract to the forest reserve boundary; (6) northeasterly along the top ridge of Pablo Valley to the top of Waahila Ridge; (7) northeasterly along the top of Waahila Ridge to a point on the Koolau Range called "Mt. Olympus"; (8) easterly along the top of the Koolau Range to the top of the ridge between the lands of Waialae Nui and Pablo; (9) southwesterly along the top of said ridge to a place called "Kalepeamoa"; (10) southwesterly along Mauumae Ridge to Sierra Drive; (11) southwesterly along Sierra Drive to Waialae Avenue; (12) easterly along Waialae Avenue to 13th Avenue; (13) southwesterly along 13th Avenue and Ocean View Drive to Kilauea Avenue; (14) westerly along Kilauea Avenue to Makapuu Avenue; (15) southwesterly along Makapuu Avenue to Diamond Head Road; and (16) southeasterly along Diamond Head Road to the Military Road and along the Military Road extended to the point of beginning, four representatives; Seventeenth representative district: that portion of the island of Oahu not included in any other representative district on the island of Oahu together with all other islands not included in any other representative district, three representatives; Eighteenth representative district: the islands of Kauai and Niihau, four representatives. Wherever a roadway, or the intersection of one or more roadways, is designated as a boundary in any of the above descriptions, the center line of such roadway or intersection is intended as such boundary. *** SEND *** *** SSTART 002.0 016.0 0 HI 1959 *** TRANSITIONAL PROVISIONS SEC. 2. CONTINUITY OF LAWS. All laws in force at the time this constitution takes effect and not inconsistent therewith, including, among others, acts of the Congress relating to the lands in the possession, use arid control of the Territory of Hawaii, shall be the laws of the State and remain in force, mutatis mutandis, until they expire by their own limitation, or are altered or repealed by the legislature. Except as otherwise provided by 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 this constitution, except that the State shall be the legal successor to the Territory in respect thereof, 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 the name of the State, political subdivision, person or other party entitled to do so, in all respects as fully as could have been done prior to taking effect of this constitution. *** SEND *** *** SSTART 003.0 016.0 0 HI 1959 *** SEC. 3. DEBTS. The debts and liabilities of the Territory shall be assumed and paid by the State, and all debts owed to the Territory shall be collected by the State. *** SEND *** *** SSTART 004.0 016.0 0 HI 1959 *** SEC. 4. BOND ACTS. All acts of the legislature of the Territory authorizing the issuance of bonds by the Territory or its political subdivisions are approved, subject, however, to amendment or repeal by the legislature, and bonds may be issued by the State and its political subdivisions pursuant to said acts. Whenever in said acts the approval of the President or of the Congress is required, the approval of the governor shall suffice. *** SEND *** *** SSTART 005.0 016.0 0 HI 1959 *** SEC.5. CONTINUANCE OF OFFICERS. Except as otherwise provided by this constitution, all executive officers of the Territory or any political subdivision thereof and all judicial officers who may be in office at the time of admission of this State to the Union shall continue to exercise and discharge the powers and duties of their respective offices until their successors shall have qualified in accordance with this constitution or the laws enacted pursuant thereto. *** SEND *** *** SSTART 006.0 016.0 0 HI 1959 *** SEC. 6. LIEUTENANT GOVERNOR; SECRETARY. Unless otherwise provided by law the lieutenant governor shall exercise and discharge the powers and duties of the secretary of the Territory. *** SEND *** *** SSTART 007.0 016.0 0 HI 1959 *** SEC. 7. RESIDENCE, OTHER QUALIFICATIONS. Requirements as to residence, citizenship or other status or qualifications in or under the State prescribed by this constitution shall be satisfied pro tanto by corresponding residence, citizenship or other status or qualifications in or under the Territory. *** SEND *** *** SSTART 008.0 016.0 0 HI 1959 *** SEC. 8. ALLOCATION OF DEPARTMENTS. The provisions of Section 6 of Article IV shall not be mandatory until four years from the date of admission of this State to the Union. The legislature shall within three years from said date allocate and group the executive and administrative offices, departments and instrumentalities of the state government and their respective functions, powers and duties among and within the principal departments pursuant to said section. If such allocation and grouping shall not have been completed within such period, the governor, within one year thereafter, by executive order, shall make such allocation and grouping. *** SEND *** *** SSTART 009.0 016.0 0 HI 1959 *** SEC. 9. CONDEMNATION OF FISHERIES. All vested rights in fisheries in the sea waters not included in any fish pond or artificial enclosure shall be condemned to the use of the public upon payment of just compensation, which compensation, when lawfully ascertained, shall be paid out of any money in the treasury of the State not otherwise appropriated. *** SEND *** *** SSTART 010.0 016.0 0 HI 1959 *** FIRST OFFICERS, PROCEDURES SEC. 10. ELECTIONS. In case the people of the Territory ratify this constitution and the same is approved by the duly constituted authority of the United States whose approval thereto may be required, the governor of the Territory shall, within thirty days after receipt of the official notification of such approval, issue a proclamation for primary and final elections, as hereinafter provided, at which officers for all state elective offices provided for by this constitution shall be nominated and elected; but the officers so to be elected shall in any event include two Senators and two Representatives in Congress, and unless and until otherwise required by law, said representatives shall be elected at large. *** SEND *** *** SSTART 011.0 016.0 0 HI 1959 *** SEC. 11. ELECTION PROCEDURE; CERTIFICATION. Said primary election shall take place not less than sixty nor more than ninety days after said proclamation, and the final election shall take place within forty days after the primary election. Such elections shall be held and the qualifications of voters thereat shall be as prescribed by this constitution and by the laws relating to the election of members of the legislature at primary and general elections. The returns thereof shall be made, canvassed and certified in the manner prescribed by law with respect to the election for the ratification or rejection of this constitution. The governor shall thereupon certify the results thereof to the President. *** SEND *** *** SSTART 012.0 016.0 0 HI 1959 *** SEC. 12. PROCLAMATION OF ADMISSION; ASSUMPTI9N OF OFFICE. Upon the issuance by the President of a proclamation announcing the results of said election and the admission of this State to the Union, the officers elected and qualified shall proceed to exercise and discharge the powers and duties pertaining to their respective offices. *** SEND *** *** SSTART 013.0 016.0 0 HI 1959 *** SEC. 13. GOVERNOR AND LIEUTENANT GOVERNOR. The first governor and lieutenant governor shall hold office for a term beginning with their election and ending at noon on the first Monday in December following the second general election. *** SEND *** *** SSTART 014.0 016.0 0 HI 1959 *** SEC. 14. CERTIFICATION. UNITED STATES SENATORS AND REPRESENTATIVES. The governor of the State and secretary of state shall certify the election of the senators and representatives to the Congress in the manner required by law. For this purpose, the lieutenant governor of this State shall be deemed secretary of state. *** SEND *** *** SSTART 015.0 016.0 0 HI 1959 *** SEC. 15. FIRST LEGISLATURE; TERM OF OFFICE. The terms of office of the members of the first legislature shall be as follows: Members of the house of representatives shall hold office for a term beginning with their election and ending on the day of the second general election held thereafter. Members of the senate shall be divided into two classes. The first class shall consist of the following number elected with the highest number of votes from their respective senatorial districts: first district, three; second district, one; third district, two; fourth district, three; fifth district, two; and sixth district, two. Members of the first class shall hold office for a term beginning with their election and ending on the day of the third general election held thereafter. The remaining members elected shall constitute the second class and shall hold office for a term beginning with their election and ending on the day of the second general election held thereafter. *** SEND *** *** SSTART 016.0 016.0 0 HI 1959 *** SEC. 16. FIRST SESSION OF LEGISLATURE. Ten days after the admission of this State to the Union, the legislature shall convene in special session. *** SEND *** *** SSTART 017.0 016.0 0 HI 1959 *** SEC. 17. SALARIES OF LEGISLATORS. Until otherwise provided by law in accordance with Section 10 of Article III, the salary of members of the legislature shall be as follows: the sum of two thousand five hundred dollars for each general session, the sum of one thousand five hundred dollars for each budget session and the sum of seven hundred and fifty dollars for each special session. *** SEND *** *** SSTART 018.0 016.0 0 HI 1959 *** SEC. 18. COMPENSATION OF JUDGES. Until the legislature shall otherwise provide under Section 3 of Article V, the chief justice, justices of the supreme court and judges of the circuit courts shall receive as compensation for their services the sums of seventeen thousand five hundred dollars, seventeen thousand dollars and fifteen thousand dollars per annum, respectively, which shall, notwithstanding the provisions of Article V of this constitution, be subject to increase or decrease by the first session of the legislature. *** SEND *** *** AEND *** EFFECTIVE DATE. This constitution shall take effect and be in full force immediately upon the admission of Hawaii into the Union as a State. Done in Convention, at Iolani Place, Honolulu, Hawaii, on the twenty-second day of July, in the year one thousand nine hundred fifty, and of the Independence of the United States of America the one hundred and seventy-fifth. *** CEND ***