This is ready to go JW 1.1.02 *** CSTART HI 11/05/1968 11/07/1978 *** CONSTITUTION OF THE STATE OF HAWII, as amended by the Constitutional Convention, 1968, and Adopted by the Electorate on November 5, 1968 *** ASTART 9001.0 HI 1968 *** PREAMBLE *** SSTART 001.0 9001.0 0 HI 1968 *** 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 1968 *** FEDERAL CONSTITUTION ADOPTED *** SSTART 001.0 9026.0 HI 1968 *** 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 1968 *** ARTICLE I BILL OF RIGHTS *** SSTART 001.0 001.0 0 HI 1968 *** SEC 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 1968 *** 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 1968 *** 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 1968 *** SEC. 4. DUE PROCESS AND EQUAL PROTECTION. No person shall be deprived of life, liberty or property without due process of law, nor 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 1968 *** SEC. 5. SEARCHES. SEIZURES AND INVASION OF PRIVACY. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches, seizures, and invasions of privacy 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 or the communications sought to be intercepted. *** SEND *** *** SSTART 006.0 001.0 0 HI 1968 *** 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 1968 *** 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 1968 *** SEC. 8. INDICTMENT, DOUBLE JEOPARDY, SELF-INCRIMINATION. 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 1968 *** SEC. 9. BAIL, EXCESSIVE PUNISHMENT. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. The court may dispense with bail if reasonably satisfied that the defendant or witness will appear when directed, except for a defendant charged with an offense punishable by life imprisonment. *** SEND *** *** SSTART 010.0 001.0 0 HI 1968 *** 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 1968 *** 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. The State shall provide counsel for an indigent defendant charged with an offense punishable by imprisonment for more than sixty days. *** SEND *** *** SSTART 012.0 001.0 0 HI 1968 *** 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 1968 *** 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 1968 *** 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 1968 *** 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 1968 *** 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 1968 *** SEC. 17. IMPRISONMENT FOR DEBT. There shall be no imprisonment for debt. *** SEND *** *** SSTART 018.0 001.0 0 HI 1968 *** SEC. 18. EMINENT DOMAIN. Private property shall not be taken or damaged for public use without just compensation. *** SEND *** *** SSTART 019.0 001.0 0 HI 1968 *** 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 1968 *** 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 1968 *** ARTICLE II SUFFRAGE AND ELECTIONS *** SSTART 001.0 002.0 0 HI 1968 *** SEC. 1. QUALI FICATIONS. 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. *** SEND *** *** SSTART 002.0 002.0 0 HI 1968 *** SEC. 2. DISQUALI FICATIONS. No person who is non compos mentis shall be qualified to vote. No person convicted of a felony shall be qualified to vote except upon his final discharge or earlier as provided by law. *** SEND *** *** SSTART 003.0 002.0 0 HI 1968 *** 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 1968 *** 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 1968 *** SEC. 5. GENERAL AND SPECIAL 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. *** SEND *** *** SSTART 006.0 002.0 0 HI 1968 *** SEC. 6. PRESIDENTIAL PREFERENCE PRIMARY. A presidential preference primary may be held in accordance with law. *** SEND *** *** SSTART 007.0 002.0 0 HI 1968 *** SEC. 7. CONTESTED ELECTIONS. 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 1968 *** ARTICLE III THE LEGISLATURE *** SSTART 001.0 003.0 0 HI 1968 *** 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 1968 *** SEC. 2. SENATE; COMPOSITION. 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. *** SEND *** *** SSTART 003.0 003.0 0 HI 1968 *** 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 1968 *** SEC. 4. REAPPORTIONMENT. REAPPORTIONMENT YEARS. The year 1973 and every eighth year thereafter shall be reapportionment years. REAPPORTIONMENT COMMISSION. A legislative reapportionment commission shall be constituted on or before March 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 shall each select two 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 shall, promptly after selection, be certified by the selecting authorities to the chief election officer and shall within thirty days thereafter select, by a vote of six members, and promptly certify to the chief election officer the ninth member who shall serve as chairman of the commission. Each of the four officials designated above as selecting authorities for the eight members of the commission shall, at the time of the commission selections, also select one person from each basic island unit to 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 twenty days from the date on which its members are certified the commission shall file with the chief election officer a reapportionment plan, which shall become law after publication as provided by law. Members of the commission shall hold office until the 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 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 shall appropriate funds to enable the commission to carry out its duties. CHIEF ELECTION OFFICER. The legislature shall provide for a chief election officer of the State, whose responsibilities shall be as prescribed by law and shall include the supervision of state elections, the maximization of registration of eligible voters throughout the State and the maintenance of data concerning registered voters, elections, apportionment and districting. APPORTIONMENT AMONG BASIC ISLAND UNITS. The commission shall allocate the total number of members of each house 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, on the basis of the number of voters registered in the last preceding general election 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. MINIMUM REPRESENTATION FOR BASIC ISLAND UNITS. 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 this article 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. APPORTIONMENT WITHIN BASIC ISLAND UNITS. Upon the determination of the total number of members of each house 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 registered voters 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. Not more than four members shall be elected from any district. 8. Where practicable, submergence of an area in a larger district wherein substantially different socio-economic interests predominate shall be avoided. MANDAMUS AND JUDICIAL REVIEW. Original jurisdiction is vested in the supreme Court of the State to be exercised on the petition of any registered voter whereby it may compel, by mandamus or otherwise, the appropriate person or persons to perform their duty or to correct any error made in a reapportionment plan, or it may take such other action to effectuate the purposes of this section as it may deem appropriate. Any such petition must be filed within forty-five days of the date specified for any duty or within forty-five days after the filing of a reapportionment plan. *** SEND *** *** SSTART 005.0 003.0 0 HI 1968 *** 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 1968 *** 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 1968 *** SEC. 7. QUALIFICATIONS OF MEMBERS. No person shall be eligible to serve as a member of the senate unless he 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 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 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 he seeks to be elected. *** SEND *** *** SSTART 008.0 003.0 0 HI 1968 *** 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 1968 *** 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 1968 *** SEC. 10. SALARY; ALLOWANCES; COMMISSION ON LEGISLATIVE SALARY. The members of the legislature shall receive allowances reasonably related to expenses and a salary, as prescribed by law. Any change in salary shall not apply to the legislature that enacted the same. There shall be a commission on legislative salary, which shall be appointed by the governor on or before June 1, 1971, and every four years after the first commission is appointed. Within sixty days after its appointment, the commission shall submit to the legislature recommendations for a salary plan for members of the legislature, and then dissolve. *** SEND *** *** SSTART 011.0 003.0 0 HI 1968 *** SEC. 11. SESSIONS. The legislature 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. The governor may convene both houses or the senate alone 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 at the written request of two-thirds of the members to which each house is entitled or may be granted by the governor. Any session may be recessed by concurrent resolution adopted by a majority of the members to which each house is entitled. Saturdays, Sundays, holidays 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. *** SEND *** *** SSTART 012.0 003.0 0 HI 1968 *** 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 1968 *** 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 1968 *** 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 1968 *** 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 1968 *** SEC. 16. PASSAGE OF BILLS. No bill shall become law unless it shall pass three readings in each house 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 for at least twenty-four 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. *** SEND *** *** SSTART 017.0 003.0 0 HI 1968 *** 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. 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 is in recess prior to its adjournment as provided in Section 11. *** SEND *** *** SSTART 018.0 003.0 0 HI 1968 *** 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 consider 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 consideration 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 1968 *** 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 opportunity to present evidence and be heard in his own defense. *** SEND *** *** SSTART 020.0 003.0 0 HI 1968 *** 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 1968 *** ARTICLE IV THE EXECUTIVE *** SSTART 001.0 004.0 0 HI 1968 *** 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 for the office of governor unless he shall be a qualified voter, have attained the age of thirty years, and have been a resident of this State for five years immediately 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 1968 *** 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; provided that the votes cast in the general election for the nominee for governor shall be deemed cast for the nominee for lieutenant governor of the same political party. He shall perform such duties as may be prescribed by law. *** SEND *** *** SSTART 003.0 004.0 0 HI 1968 *** 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 thirty-three thousand five hundred dollars, and twenty-seven thousand five hundred dollars, respectively, a year. Such compensation shall not be increased or decreased 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 1968 *** 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 1968 *** 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 1968 *** 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 be 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. 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, 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 principal 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. If the manner of removal of an officer is not prescribed in this constitution, his removal shall be in a manner prescribed by law. 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. 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 his appointment; except that this residence requirement shall not apply to the president of the University of Hawaii. *** SEND *** *** AEND *** *** ASTART 005.0 HI 1968 *** ARTICLE V THE JUDICIARY *** SSTART 001.0 005.0 0 HI 1968 *** 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 1968 *** 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. As prescribed by law, retired justices of the supreme court also may serve temporarily on the supreme court at the request of the chief justice. 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 place. *** SEND *** *** SSTART 003.0 005.0 0 HI 1968 *** SEC. 3. APPOINTMENT OF JUSTICES AND 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. QUALI FICATIONS. 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 for the office of justice or judge unless he shall 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. The term of office of a justice of the supreme court and of a judge of a circuit court shall be ten years. They shall receive for theft services such compensation as may be prescribed by law, but no less than twenty- eight thousand dollars for the chief justice, twenty-seven thousand dollars for associate justices and twenty-five thousand dollars for circuit court judges, a year. Their compensation shall not be decreased 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. *** SEND *** *** SSTART 004.0 005.0 0 HI 1968 *** SEC. 4. RETIREMENT FOR INCAPACITY AND REMOVAL. 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 or has acted in a manner that constitutes wilful misconduct in office, wilful and persistent failure to perform his duties, habitual intemperance, or conduct prejudicial to the administration of justice that brings the judicial office into disrepute, the governor shall appoint a board of three persons, as provided by law, to inquire into the circumstances. If the board recommends that the justice or judge should not remain in office, the governor shall remove or retire him from office. *** SEND *** *** SSTART 005.0 005.0 0 HI 1968 *** 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 1968 *** 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 1968 *** ARTICLE VI TAXATION AND FINANCE *** SSTART 001.0 006.0 0 HI 1968 *** 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 1968 *** SEC. 2. 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 003.0 006.0 0 HI 1968 *** SEC. 3. BONDS; DEBT LIMITATIONS. For the purposes of this section, the term "bonds" shall include bonds, notes and other instruments of indebtedness; 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 the term "revenue bonds" means all bonds payable solely from and secured solely by the revenues, or user taxes, or any combination of both, of a public undertaking, improvement or system. All bonds issued by or on behalf of the State or a political subdivision must be authorized by the legislature, and bonds of a political subdivision must also be authorized by its governing body. Bonds may be issued by the State when authorized by a two-thirds vote of the members to which each house of the legislature is entitled, provided that such bonds at the time of authorization would not cause the total of state indebtedness to exceed a sum equal to three and one-half times the average of the general fund revenues of the State in the three fiscal years immediately preceding the session of the legislature authorizing such issuance. For the purpose of this paragraph, general fund revenues of the State shall not include monies received as grants from the federal government and receipts in reimbursement of any indebtedness that is excluded in computing the total indebtedness of the State. By majority vote of the members to which each house of the legislature is entitled and without regard to any debt limit, there may be issued by or on behalf of the State: bonds 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; bonds to suppress insurrection, to repel invasion, to defend the State in war or to meet emergencies caused by disaster or act of God; and revenue bonds. A sum equal to fifteen 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 that is outstanding and unpaid at any time. Bonds 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, may be issued by any political subdivision under authorization of law and of its governing body without regard to any debt limit. All general obligation bonds for a term exceeding one year shall be in serial form maturing in substantially equal installments of principal, or maturing in substantially equal installment of both principal and interest, the first installment of principal 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. 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 total indebtedness of the State or funded debt of any political subdivision, the following shall be excluded: (a) 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, and for the full payment of which monies have been irrevocably set aside. (b) Revenue bonds, authorized or issued, if the issuer thereof is obligated by law to impose rates and charges for the use and services of the public undertaking, improvement or system, or to impose a user tax, or to impose a combination of rates and charges and user tax, as the case may be, sufficient to pay the cost 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 for the public undertaking, improvement or system, 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. For the purposes of this section a user tax shall mean 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 the public undertaking, improvement or system. (c) Bonds authorized or issued under special improvement statutes when the only security for such bonds is the properties benefited or improved or theassessments thereon. (d) General obligation bonds authorized or 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. (e) General obligation bonds issued for a public undertaking, improvement or system from which revenues, user taxes, or a combination of both may be derived for the payment of all or part of the principal and interest as reimbursement to the general fund, but only to the extent that reimbursements to the general fund are in fact made from the net revenue, net user tax receipts, or combination of both, as determined for the immediately preceding fiscal year. For the purposes of this section, net revenue or net user tax receipts shall be the revenue or receipts remaining after the costs of operation, maintenance and repair of such public undertaking, improvement or system and the required payments of the principal of and interest on all revenue bonds issued therefor have been made. (f) General obligation bonds of the State, authorized but unissued, for an existing public undertaking, improvement or system that produces revenues, or user tax receipts, or a combination of both, but only if in the fiscal year immediately preceding the authorization, the public undertaking, improvement or system produced a net revenue, net user taxes or a combination of both, that was sufficient to pay into the general fund the full amount of the principal and interest then due for all general obligation bonds then outstanding for such public undertaking, improvement or system. (g) General obligation bonds of the State, authorized but unissued, for an existing public undertaking, improvement or system that has not been self-sustaining as determined for the immediately preceding fiscal year, and that produces revenues, or user tax receipts, or a combination of both, but only if the rates or charges for the use and services of the undertaking have been, or the rate of such user tax has been, increased by law or by the issuing body as authorized by law, in an amount that is determined will produce sufficient net revenue or net user taxes, or any combination thereof, for reimbursement to the general fund for the payment of principal and interest on all general obligation bonds then outstanding and authorized for such public undertaking, improvement or system. (h) 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 authorized or issued after the effective date of this amendment, 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 from total indebtedness of the State, the principal amount then outstanding shall be included within the funded debt of such political subdivision. Determinations of the exclusions from the total indebtedness of the State or funded debt of any political subdivision provided for in this section shall be made annually and certified by law or as prescribed by law. For the purposes of this section, amounts received from on-street parking may be considered and treated as revenues of a parking undertaking. Nothing in this section shall prevent the refunding of any bond at any time. *** SEND *** *** SSTART 004.0 006.0 0 HI 1968 *** SEC. 4. THE BUDGET. Within such time prior to the opening of each regular session in an odd-numbered year as may be prescribed by law, the governor shall submit to the legislature a budget setting forth a complete plan of proposed expenditures and anticipated receipts of the State for the ensuing fiscal biennium, together with such other information as the legislature may require. The budget shall be submitted in a form prescribed by law. The governor shall also, upon the opening of each such 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 such session. *** SEND *** *** SSTART 005.0 006.0 0 HI 1968 *** SEC. 5. LEGISLATIVE APPROPRIATIONS; PROCEDURES. In each regular session in an odd-numbered year, the legislature 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, 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 prescribed by law, the governor may submit to the legislature 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 he 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 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 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, shall be passed on final reading until such supplemental appropriations bills shall have been transmitted to the governor. *** SEND *** *** SSTART 006.0 006.0 0 HI 1968 *** SEC. 6. EXPENDITURE CONTROLS. Provision for the control of the rate of expenditures of appropriated state monies, and for the reduction of such expenditures under prescribed conditions, shall be made by law. *** SEND *** *** SSTART 007.0 006.0 0 HI 1968 *** SEC. 7. 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 1968 *** ARTICLE VII LOCAL GOVERNMENT *** SSTART 001.0 007.0 0 HI 1968 *** 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 1968 *** 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 general law. The prescribed procedures, however, shall not require the approval of a charter by a legislative body. Charter provisions with respect to a political subdivision's executive, legislative and administrative structure and organization shall be superior to statutory provisions, subject to the authority of the legislature to enact general laws allocating and reallocating powers and functions. A law may qualify as a general law even though it is inapplicable to one or more counties by reason of the provisions of this section. *** SEND *** *** SSTART 003.0 007.0 0 HI 1968 *** 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 1968 *** 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 1968 *** 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 1968 *** ARTICLE VIII PUBLIC HEALTH AND WELFARE *** SSTART 001.0 008.0 0 HI 1968 *** 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 1968 *** 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 1968 *** 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 1968 *** 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 1968 *** 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 1968 *** ARTICLE IX EDUCATION *** SSTART 001.0 009.0 0 HI 1968 *** 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 1968 *** SEC. 2. BOARD OF EDUCATION. There shall be a board of education composed of members who shall be elected by qualified voters in accordance with 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 1968 *** SEC. 3. POWER 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 serve as secretary to the board. *** SEND *** *** SSTART 004.0 009.0 0 HI 1968 *** 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 1968 *** 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 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 1968 *** ARTICLE X CONSERVATION AND DEVELOPMENT OF RESOURCES *** SSTART 001.0 010.0 0 HI 1968 *** 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 1968 *** 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 be 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 1968 *** 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 lights and the right of the State to regulate the same. *** SEND *** *** SSTART 004.0 010.0 0 HI 1968 *** 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 1968 *** 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 1968 *** ARTICLE XI HAWAIIAN HOME LANDS *** SSTART 001.0 011.0 0 HI 1968 *** 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 1968 *** 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 *** *** SSTART 003.0 011.0 0 HI 1968 *** SEC. 3. AMENDMENT AND REPEAL. As a compact with the United States relating to the management and disposition of the Hawaiian home lands, the Hawaiian Homes Commission Act, 1920, as amended, shall be adopted as a provision of the Constitution of said State, as provided in Section 7, subsection (b) of the Admission Act, subject to amendment or repeal only with the consent of the United States, and in no other manner. Provided, That (1) sections 202, 213, 219, 220, 222, 224, and 225 and other provisions relating to administration, and paragraph (2) of section 204, sections 206 and 212, and other provisions relating to the powers and duties of officers other than those charged with the administration of said Act, may be amended in the constitution, or in the manner required for State legislation, but the Hawaiian home-loan fund, the Hawaiian home- operating fund, and the Hawaiian home-development fund shall not be reduced or impaired by any such amendment, whether made in the constitution or in the manner required for State legislation, and the encumbrances authorized to be placed on Hawaiian home lands by officers other than those charged with the administration of said Act, shall not be increased, except with the consent of the United States; (2) that any amendment to increase the benefits to lessees of Hawaiian home lands may be made in the constitution, or in the manner required for State legislation, but the qualifications of lessees shall not be changed except with the consent of the United States; and (3) that all proceeds and income from the "available lands", as defined by said Act, shall be used only in carrying out the provisions of said Act. *** SEND *** *** AEND *** *** ASTART 012.0 HI 1968 *** ARTICLE XII ORGANIZATION; COLLECTIVE BARGAINING *** SSTART 001.0 012.0 0 HI 1968 *** SEC. 1. PRIVATE EMPLOYEES. Persons in private employment shall have the right to organize for the purpose of collective bargaining. *** SEND *** *** SSTART 002.0 012.0 0 HI 1968 *** SEC. 2. PUBLIC EMPLOYEES. Persons in public employment shall have the right to organize for the purpose of collective bargaining as prescribed by law. *** SEND *** *** AEND *** *** ASTART 013.0 HI 1968 *** ARTICLE XIII STATE BOUNDARIES, CAPITAL, FLAG *** SSTART 001.0 013.0 0 HI 1968 *** SEC. 1. BOUNDARIES. The State of Hawaii shall consist of all the islands, together with their appurtenant reefs and territorial waters, included in the Territory of Hawaii on the date of enactment of this Act; except the atoll known as Palmyra Island, together with its appurtenant reefs and territorial waters, but said State shall not be deemed to include the Midway Islands, Johnston Island, Sand Island (offshore from Johnston Island), or Kingman Reef, together with their appurtenant reefs and territorial waters. *** SEND *** *** SSTART 002.0 013.0 0 HI 1968 *** SEC. 2. CAPITAL. Honolulu, on the Island of Oahu, shall be the capital of the State. *** SEND *** *** SSTART 003.0 013.0 0 HI 1968 *** SEC. 3. STATE FLAG. The Hawaiian flag shall be the flag of the State. *** SEND *** *** AEND *** *** ASTART 014.0 HI 1968 *** ARTICLE XIV GENERAL AND MISCELLANEOUS PROVISIONS *** SSTART 001.0 014.0 0 HI 1968 *** 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 1968 *** 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 1968 *** SEC. 3. D1SQUALIFICATIONS FROM PUBLIC OFFICE OR EMPLOYMENT. No person shall hold any public office or employment who, knowingly and intentionally does any act to overthrow, or attempts to overthrow or conspires with any person to overthrow the government of this State or of the United States by force or violence. *** SEND *** *** SSTART 004.0 014.0 0 HI 1968 *** 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 1968 *** SEC. 5. CODES OF ETHICS. The legislature and each political subdivision shall adopt a code of ethics, which shall apply to appointed and elected officers and employees of the State or the political subdivision, respectively, including members of boards, commissions and other bodies. *** SEND *** *** SSTART 006.0 014.0 0 HI 1968 *** SEC. 6. 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 007.0 014.0 0 HI 1968 *** SEC. 7. 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 008.0 014.0 0 HI 1968 *** SEC. 8. 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 009.0 014.0 0 HI 1968 *** SEC. 9. ADMINISTRATION OF UNDISPOSED LANDS. All provisions of the Act of Congress approved March 18, 1959 reserving rights or powers to the United States, as well as those prescribing the terms or conditions of the grants of lands or other property therein made to the State of Hawaii are consented to fully by said State and its people. *** SEND *** *** SSTART 010.0 014.0 0 HI 1968 *** SEC. 10. 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 011.0 014.0 0 HI 1968 *** SEC. 11. 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 012.0 014.0 0 HI 1968 *** SEC. 12. 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 013.0 014.0 0 HI 1968 *** SEC. 13. 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 014.0 014.0 0 HI 1968 *** SEC. 14. 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 015.0 014.0 0 HI 1968 *** SEC. 15. 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 1968 *** ARTICLE XV REVISION AND AMENDMENT *** SSTART 001.0 015.0 0 HI 1968 *** 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 1968 *** 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 the convention, who shall be elected from the same areas, and the convention shall be convened in the same manner and have the same powers and privileges, as nearly as practicable, as provided for the convention of 1968. 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. The revision or amendments shall be effective only if approved at a general election by a majority of all the votes tallied upon the question, this majority constituting at least thirty-five percent of the total vote cast at the election, or at a special election by a majority of all the votes tallied upon the question, this majority constituting at least thirty percent of the total number of registered voters. 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 1968 *** 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 1968 *** 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 *** *** SSTART 005.0 015.0 0 HI 1968 *** SEC. 5. CONFLICTING REVISIONS OR AMENDMENTS. If a revision or amendment proposed by a constitutional convention is in conflict with a revision or amendment proposed by the legislature and both are submitted to the electorate at the same election and both are approved, then the revision or amendment proposed by the convention shall prevail. If conflicting revisions or amendments are proposed by the same body and are submitted to the electorate at the same election and both are approved, then the revision or amendment receiving the highest number of votes shall prevail. *** SEND *** *** AEND *** *** ASTART 016.0 HI 1968 *** ARTICLE XVI SCHEDULE *** SSTART 001.0 016.0 0 HI 1968 *** SEC. 1. DISTRICTING AND APPORTIONMENT. (A) Senatorial Districts; Number of Senators. As provided in Section 2 of Article III, until the next reapportionment the senatorial districts and the number of senators to be elected from each shall be as follows: FIRST SENATORIAL DISTRICT: The Island of Hawaii, consisting of the first through fifth representative districts three senators. SECOND SENATORIAL DISTRICT: The Islands of Maui, Molokai, Lanai and Kahoolawe, consisting of the sixth and seventh representative districts two senators. THIRD SENATORIAL DISTRICT: That portion of the Island of Oahu, consisting of the twenty-third and twenty-fourth representative districts three senators. FOURTH SENATORIAL DISTRICT: That portion of the Island of Oahu, consisting of the nineteenth, twentieth, twenty-first and twenty-second representative districts four senators. FIFTH SENATORIAL DISTRICT: That portion of the Island of Oahu, consisting of the fifteenth, sixteenth, seventeenth and eighteenth representative districts four senators. SIXTH SENATORIAL DISTRICT: That portion of the Island of Oahu, consisting of the twelfth, thirteenth and fourteenth representative districts four senators. SEVENTH SENATORIAL DISTRICT: That portion of the Island of Oahu, consisting of the eighth, ninth, tenth and eleventh representative districts four senators. EIGHTH SENATORIAL DISTRICT: The Islands of Kauai and Niihau, consisting of the twenty-fifth representative district one senator. (B) Representative Districts; Number of Representatives. As provided in Section 3 of Article III, until the next reapportionment the representative districts and the number of representatives to be elected from each shall be as follows: FIRST REPRESENTATIVE DISTRICT: That portion of the Island of Hawaii known as Puna and Kau and that portion of South Hilo, more particularly described as follows: Beginning at the junction of Haihai Street and Ainaola Drive and running (1) easterly along Haihai Street extended to Kanoelehua Avenue; (2) southerly along Kanoelehua Avenue for about 100 feet to the boundary between the Panaewa Farm Lots and the Hawaiian Home Land of Panaewa; (3) easterly along the north boundary of the Panaewa Farm Lots to the old Puna Railroad; (4) easterly along a line that is parallel to Haihai Street and extends to the South Hilo-Puna Boundary; (5) southwesterly along said South Hilo-Puna Boundary to a point where the prolongation of the southwest end of Waikahe Street intersects the South Hilo-Puna Boundary; (6) northerly along the said prolongation and along Waikahe Street to the intersection of Waikahe Street and Ainaola Drive; (7) northerly and northeasterly along Ainaola Drive to the point of beginning one representative. SECOND REPRESENTATIVE DISTRICT: That portion of the Island of Hawaii being the southern portion of South Hilo, more particularly described as follows: Beginning at the seashore at the mouth of Wailuku River and running. (1) southeasterly along the seashore to the South Hilo-Puna Boundary; (2) southwesterly along the South Hilo-Puna Boundary to a line that is parallel to Haihai Street and extends from the intersection of the north boundary of Panaewa Farm Lots and the old Puna Railroad to the South Hilo-Puna Boundary; (3) westerly along said line to the old Puna Railroad; (4) westerly along the north boundary of the Panaewa Farm Lots to Kanoelehua Avenue; (5) northerly along Kanoelehua Avenue for about 100 feet to a point where the prolongation of Haihai Street would meet said avenue; (6) westerly along said prolongation along Haihai Street to Ainaola Drive; (7) southwesterly and southerly along Ainaola Drive to the intersection of Ainaola Drive and Waikahe Street; (8) southerly along Waikahe Street and the prolongation of Waikahe Street to the South Hilo-Puna Boundary; (9) southwesterly, northwesterly and southwesterly along the South Hilo-Puna Boundary to the Kau Boundary; (10) northwesterly along the South Hilo-Kau Boundary; (11) northwesterly and northeasterly along the South Hilo-North fib Boundary to a point where the Paukaa- Piihonua Boundary intersects said South Hilo-North Hilo Boundary; (12) southeasterly along the Paukaa-Piihonua Boundary to Honolii Stream; (13) southerly along the upper boundaries of Kaiwiki and Alae to Awehi Stream; (14) southeasterly along Awehi Stream on into Waiau Stream to its junction with Alae Stream; (15) westerly along said Alae Stream to the Hilo-Forest Reserve Boundary; (16) southwesterly along the lower boundary of the Hilo Forest Reserve for a distance of 6780 feet; (17) southeasterly along Hookelekele Stream for a distance of 7157 feet, to its junction with Wailuku River; (18) southerly along Wailuku River and Kahoama Stream to the Hilo Forest Reserve Boundary; (19) southeasterly about 0.2 miles to an angle in the Hio Forest Reserve; (20) southwesterly along the Hilo Forest Reserve to the Punahoa 1 and Ponahawai Boundary; (21) easterly along said boundary and along Waipahoehoe Stream to Akolea Road; (22) northerly along Akolea Road to the Punahoa 1 and 2 Boundary; (23) easterly along Punahoa 1 and 2 Boundary to Ainako Avenue; (24) northerly along Ainako Avenue to the old Piihonua Road; (25) southeasterly along the old Piihonua Road to the Piihonua and Punahoa 2 Boundary; (26) easterly along the Piihonua and Punahoa 2 Boundary to the HiloWatershed Reservation (Executive Order 1418); (27) southerly and easterly along the northerly side of said reservation to the southeast corner of said Hilo Watershed Reservation; (28) southerly along the west side of Block "S" which fronts on the west side of Ekaha Street; (29) southeasterly across Kaumana Road to a point where the Kaumana Road intersects the Hilo Boarding School Ditch; (30) easterly along the Hilo Boarding School Ditch to Hoomana Street; (31) northwesterly along Hoomana Street to Punahale Street; (32) northeasterly along Punahale Street to Punawai Street; (33) northerly along Punawai Street and the prolongation of Punawai Street to Wailuku River; (34) easterly along Wailuku River to the point of beginning two representatives. THIRD REPRESENTATIVE DISTRICT: That portion of the Island of Hawaii being the northern portion of South Hilo, more particularly described as follows: Beginning at the seashore on the North Hilo-South Hilo Boundary and running (1) southeasterly and southerly along the seashore to the mouth of Wailuku River; (2) Westerly along Wailuku River to the prolongation of Punawai Street; (3) southerly along said prolongation and along Punawai Street to Punahale Street; (4) southwesterly along Punahale Street to Hoomana Street; (5) southeasterly along Hoomana Street to its junction with the Hilo Boarding School Ditch; (6) westerly along Hilo Boarding School Ditch to its junction with Kaumana Road; (7) northwesterly across Kaumana Road to the west boundary of Block "S" which fronts on the west side of Ekaha Street; (8) northerly along the west side of said block to the southeast corner of the Hilo Watershed Reservation (Executive Order 1418); (9) westerly along the southerly side of said reservation to the common boundary between the lands of Piihonua and Punahoa 2; (10) westerly along said boundary to the old Piihonua Road; (11) southwesterly along the old Piihonua Road to Ainako Avenue; (12) southerly along Ainako Avenue to the common boundary between the lands of Punahoa 1 and 2; (13) westerly along said boundary to Akolea Road; (14) southerly along Akolea Road to Waipahoehoe Stream; (15) westerly along Waipahoehoe Stream and the common boundary between Punahoa 1 and Ponahawai for a distance of approximately 2.2 miles to the Hilo Forest Reserve; (16) northeasterly along the Hilo Forest Reserve for a distance of approximately 1.5 miles to angle in same; (17) northwesterly approximately 0.2 miles to Kahoama Stream; (18) northerly along Kahoama Stream and Wailuku River to the junction of Hookelekele Stream; (19) northwesterly along Hookelekele Stream for a distance of 7157 feet; (20) northeasterly along the lower boundary of Hilo Forest Reserve for a distance of 6780 feet to Aale Stream; (21) easterly along said Aale Stream to its junction with Waiau Stream; (22) northwesterly along Waiau Stream on into Awehi Stream to the upper boundary of Alae; (23) northerly along the upper boundaries of Alae and Kaiwiki to Honolii Stream; (24) northwesterly along the Paukaa-Piihonua Boundary to the North Hilo-South Hilo Boundary; (25) northeasterly along the North Hilo-South Hilo Boundary to the point of beginning one representative. FOURTH REPRESENTATIVE DISTRICT: That portion of the Island of Hawaii known as North Kohala, Hamakua and North Hilo one representative. FIFTH REPRESENTATIVE DISTRICT: That portion of the Island of Hawaii known as South Kona, North Kona and South Kohala one representative. SIXTH REPRESENTATIVE DISTRICT: The Islands of Molokai and Lanai and that portion of the Island of Maui that includes Lahaina and the portion of Wailuku that lies west of the following described line: Beginning at the seashore near Kahului Beach Road at the end of the west breakwater of Kahului Harbor and running (1) southwesterly in a straight line to the intersection of Kaahumanu Avenue and South Papa Avenue; (2) southwesterly along South Papa Avenue to the northeast corner of Lot 7-1 of Kahului Town Development, Seventh Increment (File Plan 766); (3) westerly along the north boundaries of Kahului Town Development, Seventh Increment (File Plan 766) to the west corner of Lot 7-12 of said File Plan 766; (4) southerly along the westerly boundaries of Kahului Town Development, Seventh Increment (File Plan 766) and Eighth Increment (File Plan 906) to the south corner of Lot 8-149 of said File Plan 906; (5) southwesterly in a straight line to the intersection of Honoapiilani Highway and Kihei Road; (6) southeasterly in a straight line to the seashore which is approximately 3500 feet east from the southeast corner of Maalaea Beach Lots two representatives. SEVENTH REPRESENTATIVE DISTRICT: The Island of Kahoolawe and that portion of the Island of Maui that includes Makawao, Hana and the portion of Wailuku that lies east of the following described line: Beginning at a point on the seashore that is approximately 3500 feet east of the southeast corner of Maalaea Beach Lots and running (1) northwesterly in a straight line to the intersection of Honoapiilani Highway and Kihei Road; (2) northeasterly in a straight line to the south corner of Lot 8-149 of Kahului Town Development, Eighth Increment (File Plan 906); (3) northerly along the westerly boundaries of Kahului Town Development, Eighth Increment (File Plan 906) and Seventh Increment (File Plan 766) to the west corner of Lot 7-12 of said File Plan 766; (4) easterly along the north boundaries of Kahului Town Development, Seventh Increment (File Plan 766) to the northeast corner of Lot 7-1 of said File Plan 766; (5) northeasterly along South Papa Avenue to the intersection of South Papa and Kaahumanu Avenues; (6) northeasterly in a straight line to the seashore near the Kahului Beach Road at the end of the west breakwater of Kahului Harbor two representatives. EIGHTH REPRESEWTA TIVE DISTRICT: That portion of the Island of Oahu for convenience herein referred to as Waialae-Nui, Aina Haina, Niu, Kuliouou and Hawaii Kai and lying east of the Waialae-Nui Gulch and south of the top of Koolau Range to the ocean and more particularly described as follows: Beginning at the seashore at the east corner of Waialae Beach Park and running (1) northerly along the northeast boundary of Waialae Beach Park to Kahala Avenue; (2) northeasterly along Kahala Avenue to the Waialae Golf Course boundary; (3) northerly along the southwest boundary of Waialae Golf Course to the west corner of Lot 49 as shown on Map 17 of Land Court Application 828; (4) northerly along Kapakahi Stream to its junction with Waialae-Nui Stream; (5) northerly along Waialae-Nui Stream crossing Kalanianaole Highway and continuing northeasterly along Waialae-Nui Stream and Waialae-Nui Gulch to a place called "Puu Lanipo" at the top of Koolau Range; (6) easterly along the top of Koolau Range to Makapuu Point; (7) southwesterly along the seashore to the point of beginning. This district includes the Northwestern Hawaiian Islands from Nihoa Island to Kure Atoll excluding the Midway Islands two representatives. NINTH REPRESENTATIVE DISTRICT: That portion of the Island of Oahu for convenience herein referred to as Diamond Head and Waialae-Kahala, more particularly described as follows: Beginning at the seashore at the southeast corner of Diamond Head Lighthouse and running (1) northerly along the east boundary of Diamond Head Lighthouse to Diamond Head Road; (2) westerly along Diamond Head Road, and along the westerly boundary of Diamond Head State Monument (Executive Order 2000); (3) continuing northeasterly along the northwesterly boundary of Diamond Head State Monument (Executive Order 2000) to Campbell Avenue; (4) northeasterly across Campbell Avenue along the northwest boundaries of the Reservoir Lot and Fort Ruger Military Reservation to Monsarrat Avenue; (5) across Monsarrat Avenue and continuing easterly along the northerly boundary of the Board of Water Supply Lot (Executive Order 1800); (6) easterly along Fort Ruger Military Reservation to Makapuu Avenue; (7) northerly along Makapuu Avenue to Kilauea Avenue; (8) easterly along Kilauea Avenue to 22nd Avenue; (9) northerly along 22nd Avenue to Harding Avenue; (10) westerly along Harding Avenue to 21St Avenue; (11) northerly along 21st Avenue to Lunalilo Freeway; (12) southwesterly along Lunalilo Freeway to Koko Head Avenue; (13) northerly along Koko Head Avenue to Waialae Avenue; (14) westerly along Waialae Avenue to Sierra Drive; (15) northerly along Sierra Drive to the southwest corner of Land Court Application 704; (16) northerly along Land Court Application 704 to the east corner of Lot 14 of Land Court Application 704; (17) westerly along Lot 14; (18) northerly along Lot 2l; (19) easterly along Lot 11, all of Land Court Application 704; (20) northerly along the easterly boundary of Land Court Application 704 to the south corner of Lot 6 of Land Court Application 704; (21) northerly along the easterly side of Lots 6-A-2, 5-A, 4-A-2, 3-A-1, 2-A-1 and 1-A, all of Land Court Application 704; (22) easterly along Pakui Street; (23) northerly along the end of Pakui Street and the westerly boundary of Palolo Hill Tract (File Plans 46 and 48) to the south corner of Lani Hale Tract; (24) westerly along Lani Hale Tract to the east boundary of Palolo Hillside Lots (File Plan 50); (25) northerly along the easterly boundary of Palolo Hillside Lots (File Plan 50) and Land Court Application 610 to the boundary of Waiomao; (26) easterly along the boundary of Waiomao to the west corner of Land Court Application 859; (27) easterly along the north boundary of Land Court Application 859 and the land of Waiomao to "Kalepeamoa" Triangulation Station; (28) northeasterly in a direct line to Waialae-Nui Stream; (29) southerly along Waialae-Nui Stream crossing Kalanianaole Highway to its junction with Kapakahi Stream; (30) southerly along Kapakahi Stream to the west corner of Lot 49 as shown on Map 17 of Land Court Application 828; (31) southerly along the southwest boundary of Waialae Golf Course to Kahala Avenue; (32) southwesterly along Kahala Avenue to the northeast corner of Waialae Beach Park; (33) southerly along the northeast boundary of Waialae Beach Park to the seashore; (34) southwesterly along the seashore to the point of beginning two representatives. TENTH REPRESENTATIVE DISTRICT: That portion of the island of Oahu for convenience herein referred to as Palolo, more particularly described as follows: Beginning at the intersection of Lunalilo Freeway and Koko Head Avenue and running (1) westerly along Lunalilo Freeway to the Manoa-Palolo Drainage Canal; (2) northerly along the Manoa-Palolo Drainage Canal to Dole Street; (3) easterly along Dole Street to the east boundary of Waahila Faculty Housing; (4) northerly along the east boundary of Waahila Faculty Housing to "Waahila" Triangulation Station; (5) northeasterly along the Manoa-Palolo Boundary to a place called "Mt. Olympus" at the top of Koolau Range; (6) easterly along the top of said range to a place called "Puu Lanipo"; (7) southerly along Waialae-Nui Gulch for a distance of approximately 14,000 feet; (8) southwesterly in a direct line to "Kalepeamoa" Triangulation Station; (9) westerly along the land of Waiomao and the north boundary of Land Court Application 859 to the west corner of Land Court Application 859; (10) westerly along the land of Waiomao to the east corner of Land Court Application 610; (11) southerly along the easterly boundary of Land Court Application 610 and Palolo Hillside Lots (File Plan 50) to the west corner of Lani Hale Tract; (12) easterly along Lani Hale Tract to the westerly boundary of Palolo Hill Tract (File Plan 48); (13) southerly along the westerly boundary of Palolo Hill Tract (File Plans 48 and 46) to the southeast corner of Pakui Street; (14) westerly along Pakui Street to the north corner of Lot 1-B of Land Court Application 704; (15) southerly along Lots 1-B, 2- B, 3-B, 3-C, 4-D, 4-C, 5-B, 6-B, all of Land Court Application 704 and along Palolo Hill Tract (File Plan 46) to the east corner of Lot 12-B of Land Court Application 704; (16) westerly along Lot 12-B; (17) southerly along Lots 12-B and 13-B; (18) easterly along Lot 13-B, all of Land Court Application 704; (19) southerly along Palolo Hill Tract (File Plan 46) to Sierra Drive; (20) southerly along Sierra Drive to Waialae Avenue; (21) easterly along Waialae Avenue to Koko Head Avenue; (22) southerly along Koko Head Avenue to the point of beginning two representatives. ELEVENTH REPRESENTATIVE DISTRICT: That portion of the Island of Oahu for convenience herein referred to as Kaimuki and Kapahulu, more particularly described as follows: Beginning at the intersection of Kapahulu Avenue and Lunalilo Freeway and running (1) southeasterly along Lunalilo Freeway to 21st Avenue; (2) southwesterly along 21st Avenue to Harding Avenue; (3) southeasterly along Harding Avenue to 22nd Avenue; (4) southwesterly along 22nd Avenue to Kilauea Avenue; (5) northwesterly along Kilauea Avenue to Makapuu Avenue; (6) southwesterly along Makapuu Avenue to Alohea Avenue; (7) southwesterly along Fort Ruger Military Reservation and along Board of Water Supply Lot (Executive Order 1800) to Trousseau Street; (8) southwesterly along Monsarrat Avenue to Leahi Avenue; (9) northwesterly along Leahi Avenue to Kapahulu Avenue; (10) northerly along Kapahulu Avenue to the point of beginning two representatives. TWELFTH REPRESENTATIVE DISTRICT: That portion of the Island of Oahu for convenience herein referred to as Waikiki, Moiliili and McCully, more particularly described as follows: Beginning at the outer edge of the reef at the entrance to Ala Wai Yacht Harbor and running (1) northeasterly along the east boundary of Magic Island to the extension of the centerline of the Ala Wai Canal; (2) northeasterly along the extended line and along the center of Ala Wai Canal to McCully Bridge; (3) northeasterly along McCully Street to South King Street; (4) southeasterly along South King Street to Isenberg Street; (5) northeasterly along Isenberg Street to Lunalilo Freeway; (6) southeasterly along Lunalilo Freeway to Kapahulu Avenue; (7) southerly along Kapahulu Avenue to Leahi Avenue; (8) southeasterly along Leahi Avenue to Monsarrat Avenue; (9) easterly along Monsarrat Avenue to Trousseau Street; (10) southeasterly, thence southwesterly along the northwest boundary of Fort Ruger Military Reservation to the southwest side of Campbell Avenue; (11) southwesterly thence easterly along the northwesterly and westerly boundary of Diamond Head State Monument (Executive Order 2000) to Diamond Head Road; (12) easterly along Diamond Head Road to the east boundary of Diamond Head Lighthouse; (13) southerly along the east boundary of Diamond Head Lighthouse to the seashore; (14) westerly along seashore to a point where Kapahulu Avenue extended meets the seashore; (15) westerly along the extension of Kapahulu Avenue to the outer edge of the reef; (16) westerly along the outer edge of the reef to the point of beginning three representatives. THIRTEENTH REPRESENTATIVE DISTRICT: That portion of the Island of Oahu for convenience herein referred to as Makiki and Manoa, more particularly described as follows: Beginning at the intersection of the Manoa-Palolo Drainage Canal and Lunalilo Freeway and running (1) westerly along Lunalilo Freeway to Pensacola Street; (2) northeasterly along Pensacola Street to Nehoa Street; (3) easterly along Nehoa Street to a point opposite Lewalani Drive; (4) northeasterly along the top of ridge of the lands of Makiki and Kalawahine to a mountain peak called "Puu Ohia" or "Tantalus"; (5) 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"; (6) southeasterly along the top of said range to a place called "Mt. Olympus"; (7) southwesterly along the Manoa-Palolo Boundary to "Waahila" Triangulation Station; (8) southerly along the east boundary of Waahila Faculty Housing to Dole Street; (9) westerly along Dole Street to Manoa Stream; (10) southerly along Manoa Stream and along Manoa-Palolo Drainage Canal to the point of beginning three representatives. FOURTEENTH REPRESENTATIVE DISTRICT: That portion of the Island of Oahu for convenience herein referred to as Ala Moana and Lower Makiki, more particularly described as follows: Beginning at the junction of the Honolulu Harbor Channel and the outer edge of the reef and running (1) northeasterly along the middle of Honolulu Harbor Channel and Honolulu Harbor to the intersection of Nimitz Highway and Nuuanu Avenue; (2) northeasterly along Nuuanu Avenue to Lunalilo Freeway; (3) easterly along Lunalio Freeway to Isenberg Street; (4) southerly along Isenberg Street to South King Street; (5) westerly along South King Street to McCully Street; (6) southerly along McCully Street to Ala Wai Canal; (7) southwesterly along Ala Wai Canal along the center of Ala Wai Canal extended to the east boundary of Magic Island; (8) southerly along the east boundary of Magic Island to the outer edge of the reef; (9) westerly along the outer edge of the reef to the point of beginning two representatives. FIFTEENTH REPRESENTATIVE DISTRICT: That portion of the Island of Oahu for convenience herein referred to as Pauoa, more particularly described as follows: Beginning at the intersection of Lunalio Freeway and Nuuanu Avenue and running (1) northeasterly along Nuuanu Avenue to the intersection of Wyllie Street and Pali Highway; (2) northerly along Pali Highway to Nuuanu Pal Drive near Kepola Place; (3) northeasterly along Nuuanu Pali Drive to top of Koolau Range at the Pali Lookout; (4) southeasterly along the top of Koolau Range to a point called "Puu Konahuanui"; (5) southwesterly along top of ridge between the lands of Manoa, Pauoa and Makiki to a mountain peak called "Puu Ohia" or "Tantalus"; (6) southwesterly along the top of the ridge between the lands of Makiki and Kalawahine to the intersection of Nehoa Street and Lewalani Drive; (7) southwesterly on Nehoa Street to Pensacola Street; (8) southerly along Pensacola Street to Lunalilo Freeway;. (9) westerly along Lunalilo Freeway to the point of beginning two representatives. SIXTEENTH REPRESENTATIVE DISTRICT: That portion of the Island of Oahu for convenience herein referred to as Nuuanu and Alewa Heights, more particularly described as follows: Beginning at the intersection of Nuuanu Avenue and Lunalio Freeway and running (1) northwesterly along Lunalilo Freeway to the intersection of Liiha Street, School Street and Lunalilo Freeway; (2) northwesterly along North School Street to Likelike Highway; (3) northerly along Likelike Highway to Kalihi Street; (4) northeasterly along Kalihi Street to Akahi Street; (5) southeasterly along Akahi Street to the top of the ridge between the lands of Kamanaiki and Kapalama; (6) northeasterly along the top of said ridge to a point on the Koolau Range called "Puu Lanihuli"; (7) easterly along the top of Koolau Range to Pali Lookout; (8) southwesterly along Nuuanu Pali Drive to Pali Highway near Kepola Place; (9) southerly along Pali Highway to the intersection of Wyllie Street and Nuuanu Avenue; (10) southwesterly along Nuuanu Avenue to the point of beginning two representatives. SEVENTEENTH REPRESENTATIVE DISTRICT: That portion of the Island of Oahu for convenience herein referred to as Kapalama, more particularly described as follows: Beginning at the intersection of Nuuanu Avenue and Lunalilo Freeway and running (1) southwesterly along Nuuanu Avenue to the sea at Honolulu Harbor; (2) southwesterly along the middle of Honolulu Harbor and Honolulu Harbor Channel to the outer edge of the reef; (3) westerly along the outer edge of the reef to a point where Mokauea Street extended meets the outer edge of the reef; (4) northeasterly along said Mokauea Street extended to its intersection with the middle of Kalihi Channel; (5) northerly along Kalihi Channel to the middle of Kalihi Stream at Nimitz Highway; (6) northwesterly along Nimitz Highway to Middle Street; (7) northeasterly along Middle Street to Lunalio Freeway; (8) southeasterly along Lunalio Freeway to the point of beginning two representatives. EIGHTEENTH REPRESENTATIVE DISTRICT: That portion of the Island of Oahu for convenience herein referred to as Kalihi, more particularly described as follows: Beginning at the intersection of Lunalilo Freeway and Middle Street and running (1) northeasterly along Middle Street to where the Fort Shafter Military Reservation boundary runs westerly from Middle Street; (2) westerly then northeasterly along Fort Shafter Military Reservation boundary and continuing along Kahauiki Ridge to a point on the top of Koolau Range called "Puu Kahuauli"; (3) southeasterly along the top of Koolau Range to a point on Koolau Range called "Puu Lanihuli"; (4) southwesterly along the top of the ridge between the lands of Kamanaiki and Kapalama to Akahi Street; (5) northwesterly along Akahi Street to Kalihi Street; (6) southwesterly along Kalihi Street to Likelike Highway; (7) southwesterly along Likelike Highway to School Street; (8) southeasterly along School Street to the intersection of School Street, Liliha Street and Lunalilo Freeway; (9) northwesterly along Lunalilo Freeway to the point of beginning two representatives. NINETEENTH REPRESENTATIVE DISTRICT: That portion of the Island of Oahu for convenience herein referred to as Moanalua, Halawa and Aiea, more particularly described as follows: Beginning at the point where Mokauea Street extended meets the outer edge of the reef and running (1) southwesterly along the outer edge of the reef to a point on the Moanalua-Halawa boundary; (2) northerly along the Moanalua-Halawa boundary to the seashore; (3) westerly along the seashore and along the seashore extended to the center of Pearl Harbor Entrance Channel; (4) northerly along the center of Pearl Harbor Entrance Channel; (5) northeasterly along the center of the channel between Ford Island and Southeast Loch, Pearl Harbor to the boundary between the lands of Waimalu and Kalauao at East Loch, Pearl Harbor; (6) northeasterly along the Waimalu-Kalauao boundary to Kamehameha Highway; (7) southeasterly along Kamehameha Highway to the intersection of Kamehameha Highway and Moanalua Road; (8) northwesterly along Moanalua Road to the Waimalu-Kalauao boundary; (9) northeasterly along the Waimalu- Kalauao boundary to the top of Koolau Range; (10) southeasterly along the top of Koolau Range being the Ewa-Koolaupoko boundary to a point on the top of Koolau Range called "Puu Kahuauli"; (11) southwesterly along the top of Kahauiki Ridge along the southeast boundary of Fort Shafter Military Reservation to a point where the Fort Shafter boundary meets Middle Street; (12) southwesterly along Middle Street to Nimitz Highway; (13) easterly along Nimitz Highway to Kalihi Stream; (14) southerly along Kalihi Stream to the seashore and continuing along Kalihi Channel to a point where the middle of Kalihi Channel meets Mokauea Street extended; (15) southwesterly along Mokauea Street extended to the point of beginning two representatives. TWENTIETH REPRESENTATIVE DISTRICT: That portion of the Island of Oahu for convenience herein referred to as Ewa, more particularly described as follows: Beginning at the seashore at the seaward end of Waimanalo Gulch located about 2300 feet south of "Kahe Point" Triangulation Station and running (1) northeasterly along Waimanalo Gulch to its beginning; (2) northeasterly on a straight line to a point called "Puu Manawahua"; (3) northeasterly along the top of Waianae Range being the Waianae- Ewa boundary to a point called "Puu Palikea"; (4) southeasterly on a straight line to Reservoir 31 of the Oahu Sugar Company; (5) northeasterly along Waiahole Ditch to Waikele Stream; (6) southerly along Waikele Stream to the intersection of Waikele and Kipapa Streams; (7) northeasterly along Kipapa Stream to Kamehameha Highway; (8) southeasterly along Kamehameha Highway to the roadway leading to Mililani Memorial Park; (9) northeasterly along said roadway leading to Mililani Memorial Park to the middle of Panakauahi Gulch; (10) northerly along the middle of Panakauahi Gulch to the siphon at the Waiahole Ditch; (11) northwesterly along Waiahole Ditch to Kipapa Stream; (12) northeasterly along Kipapa Stream to the top of Koolau Range; (13) southeasterly along top of Koolau Range being the Ewa-Koolaupoko boundary to the Waimalu-Kalauao boundary; (14) southwesterly along the Waimalu-Kalauao boundary to Moanalua Road; (15) southeasterly along Moanalua Road to the intersection of Moanalua Road and Kamehameha Highway; (16) northwesterly along Kamehameha Highway to the Waimalu- Kalauao boundary; (17) southwesterly along the Waimalu-Kalauao boundary to East Loch, Pearl Harbor; (18) southwesterly along center of the channel between Ford Island and Southeast Loch, Pearl Harbor to the center of Pearl Harbor Entrance Channel; (19) southerly along the center of the Pearl Harbor Entrance Channel to a point that meets the seashore extended; (20) southwesterly along the seashore extended and continuing southwesterly and northwesterly along the seashore to the point of beginning three representatives. TWENTY-FIRST REPRESENTATIVE DISTRICT: That portion of the Island of Oahu for convenience herein referred to as Waianae and a portion of Honouliuli, more particularly described as follows: Beginning at the seashore at Kaena Point on the Waialua-Waianae boundary and running (1) southeasterly along the crest of the Waianae Mountains being the boundary between Waianae and Waialua, Wahiawa and Ewa to a point called "Puu Manawahua"; (2) southwesterly on a straight line to the beginning of Waimanalo Gulch; (3) southwesterly along Waimanalo Gulch to the seashore located about 2300 feet south of Kahe Point; (4) northwesterly along the seashore to the point of beginning one representative. TWENTY-SECOND REPRESENTATIVE DISTRJCT: That portion of the Island of Oahu for convenience herein referred to as Waialua and Wahiawa, more particularly described as follows: Beginning at the seashore on the Waialua and Koolauloa boundaries and running (1) easterly and southeasterly along the top of Koolau Range being the Waialua-Koolauloa boundary to the intersection of Kipapa Stream and the top of Koolau Range; (2) southwesterly along Kipapa Stream to Waiahole Ditch; (3) southeasterly along Waiahole Ditch to the siphon located at the center of Panakauahi Gulch; (4) southerly along the middle of Panakauahi Gulch to the roadway leading to the Mililani Memorial Park; (5) southwesterly along the roadway that leads out of Mililani Memorial Park to Kamehameha Highway; (6) northwesterly along Kamehameha Highway to Kipapa Stream; (7) southwesterly along Kipapa Stream to its junction with Waikele Stream; (8) northwesterly along Waikele Stream to Waiahole Ditch; (9) southwesterly along Waiahole Ditch to Reservoir 31; (10) northwesterly on a direct line from Reservoir 31 to a point on the top of Waianae Range called "Puu Palikea"; (11) northwesterly along top of Waianae Range along the boundary between Waianae and Ewa, Wahiawa and Waialua to Kaena Point at seashore; (12) northeasterly along the seashore to the point of beginning two representatives. TWENTY-THIRD REPRESENTATIVE DISTRICT: That portion of the Island of Oahu for convenience herein referred to as Koolauloa and the northwestern portion of Koolaupoko, more particularly described as follows: Beginning at the seashore on the Waialua-Koolauloa boundary and running (1) northeasterly and southeasterly along the seashore to the southeast corner of Kaneohe Marine Corps Air Station; (2) southwesterly along the south boundary of the Kaneohe Marine Corps Air Station to Kaneohe Bay Drive; (3) southwesterly on a straight line to "Puu Papaa" Triangulation Station; (4) southwesterly along the top of the ridge to the Kailua-Kaneohe boundary; (5) southwesterly along the Kailua-Kaneohe boundary to a point where the Kailua-Kaneohe boundary intersects Kamehameha Highway; (6) southeasterly along Kamehameha Highway to its junction with Kalanianaole Highway and Pali Highway; (7) southerly and continuing along Pali Highway to a point opposite the Pali Lookout; (8) northwesterly along the top of the Koolau Range being the boundary between Koolaupoko and Honolulu, Ewa and Wahiawa and Koolauloa and Wahiawa and Waialua to the point of beginning, and the Island of Moku O Loe (Coconut Island) three representatives. TWENTY-FOURTH REPRESENTATIVE DISTRICT: That portion of the Island of Oahu for convenience herein referred to as the southeastern portion of Koolaupoko, more particularly described as follows: Beginning at the seashore at Makapuu Point and running (1) westerly along the top of Koolau Range being the Honolulu-Koolaupoko boundary to the Pali Lookout; (2) northeasterly along Pali Highway to its junction with Kamehameha Highway and KalanianaoleHighway; (3) northwesterly on Kamehameha Highway to the boundary between Kaneohe and Kailua; (4) northeasterly along the Kailua-Kaneohe boundary to the point where the Kailua-Kaneohe boundary angles off the top of the ridge towards Kailua Bay; (5) northeasterly along the top of the ridge to "Puu Papaa" Triangulation Station; (6) northeasterly on a straight line to a point where the south boundary of the Kaneohe Marine Corps Air Station intersects Kaneohe Bay Drive; (7) easterly along the south boundary of Kaneohe Marine Corps Air Station to the seashore; (8) southeasterly along the seashore to the point of beginning three representatives. TWENTY-FIFTH REPRESENTATIVE DISTRICT: The Islands of Kauai and Niihau three representatives. *** SEND *** *** SSTART 002.0 016.0 0 HI 1968 *** SEC. 2. 1968 SENATORIAL ELECTIONS. Senators elected in the 1968 general election shall serve for two-year terms. *** SEND *** *** SSTART 003.0 016.0 0 HI 1968 *** SEC. 3. TWENTY-SIXTH SENATOR, ALLOCATED TO KAUAI. Effective for the first general election following ratification of the twelfth paragraph of Section 4 of Article III and until the next reapportionment, one senator shall be added to the twenty-five members of the senate as provided and with the effect set out in the twelfth paragraph of Section 4 of Article III and such senator shall be allocated to the basic island unit of Kauai. *** SEND *** *** SSTART 004.0 016.0 0 HI 1968 *** SEC. 4. EFFECTIVE DATE FOR APPORTIONMENT AND DISTRICTING. The senatorial and representative districts and the numbers to be elected from each as set forth in Sections 1A and l B of this article shall become effective for the first general election following ratification of the amendment to Section 2 of Article III and of Sections 1A and l B of this article. *** SEND *** *** SSTART 005.0 016.0 0 HI 1968 *** SEC. 5. REAPPORTIONMENT COMMISSION; ACTIVATION. Anything in this constitution to the contrary notwithstanding, if Sections 1 A and 1 B of this article are not ratified, the reapportionment commission shall be constituted on or before March 1, 1969. *** SEND *** *** SSTART 006.0 016.0 0 HI 1968 *** SEC. 6. CONFLICTS BETWEEN APPORTIONMENT PROVISIONS. Sections 2 and 4 of Article III and Sections 1A, 2, 3, 4 and 5 of Article XVI, as amended and added by the constitutional convention of 1968, upon ratification, shall supersede Senate Bill No. 1102 of the Regular Session of 1967 even if the latter shall also be ratified. If less than all of the above sections are ratified, then those ratified shall supersede Senate Bill No. 1102 to the extent they are in conflict therewith, even if the latter should be ratified. *** SEND *** *** SSTART 007.0 016.0 0 HI 1968 *** SEC. 7. SALARIES OF LEGISLATORS. Until otherwise provided by law in accordance with Section 10 of Article III, the salary of each member of the legislature shall be twelve thousand dollars a year. *** SEND *** *** SSTART 008.0 016.0 0 HI 1968 *** SEC. 8. START OF BIENNIAL BUDGETING AND APPROPRIATIONS. Anything in this constitution to the contrary notwithstanding, the provisions relating to biennial budgeting and appropriations in Article VI shall take effect for the biennial period beginning July 1, 1971. *** SEND *** *** SSTART 009.0 016.0 0 HI 1968 *** SEC. 9. EFFECTIVE DATE AND APPLICATION OF ARTICLE VII, SECTION 2. The amendments to Section 2 of Article VII shall take effect on the first day of January after three full calendar years have elapsed following their ratification. When the amendments take effect, Article VII shall apply to all county charters, whether adopted before or after the admission of Hawaii into the Union as a state. *** SEND *** *** SSTART 010.0 016.0 0 HI 1968 *** SEC. 10. CONTINUITY OF LAWS. All laws in force at the time amendments to this constitution take effect that are not inconsistent with the constitution as amended shall remain in force, mutatis mutandis, until they expire by their own limitations or are amended or repealed by the legislature. Except as otherwise provided by amendments to 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 the amendments 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 all respects as fully as could have been done prior to the taking effect of the amendments. *** SEND *** *** SSTART 011.0 016.0 0 HI 1968 *** SEC. 11. 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 012.0 016.0 0 HI 1968 *** SEC. 12. 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 013.0 016.0 0 HI 1968 *** SEC. 13. 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 *** *** 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 Palace, 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 ***