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HB2370
HOUSE OF REPRESENTATIVES
H.B. NO.
2370
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
proposing
an amendment to article ix of the hawaii state constitution relating to wage
equity
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1.
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The legislature finds that for more
than a century, wage protections in the United States have been shaped by
exclusions rooted in racial discrimination.
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When federal labor standards were first
established in the early twentieth century, large categories of workers, especially
agricultural laborers, domestic workers, and others whose occupations were
disproportionately held by formerly enslaved people and other workers of color,
were deliberately excluded as political compromises during and after
Reconstruction.
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These exclusions
entrenched economic inequality and allowed entire industries to legally pay
subminimum wages, perpetuating the legacy of slavery and denying many workers
the basic dignity of fair compensation.
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The
legislature further finds that although Hawaii's economy and labor force are
distinct from those historical contexts, remnants of these inequities persist
in state and federal law.
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Today, certain
categories of workers in Hawaii, including those performing essential,
difficult, and often undervalued work, may still be denied the guarantee of
earning at least the state minimum wage simply because of the type or nature of
their employment.
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Such disparities are
inconsistent with the State's commitment to fairness, equality, and the
protection of all workers.
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The
legislature also finds that ensuring universal access to the minimum wage is
necessary to remedy these long-standing inequities, promote economic justice,
and affirm that every person engaged in work in Hawaii deserves the same
fundamental wage protections.
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Therefore,
the purpose of this Act is to propose an amendment to article IX of the Hawaii
State Constitution to guarantee that every person has the inalienable right,
while engaged in employment in the State, to be paid at a wage rate that is at
least equal to the state minimum wage rate, as provided by law, without regard
to the type or nature of employment, unless justified by a compelling state
interest achieved by the least restrictive means.
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SECTION
2.
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Article IX of the Hawaii State
Constitution is amended by adding a new section to be appropriately designated
and to read as follows:
"
WAGE
EQUITY
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Section
.
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Every
person shall have the inalienable right, while engaged in employment in the
State, to be paid at a wage rate that is at least equal to the state minimum
wage rate, as provided by law, without regard to the type or nature of
employment.
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The State shall not deny or
abridge this right, unless justified by a compelling state interest achieved by
the least restrictive means.
"
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SECTION
3.
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The question to be printed on the
ballot shall be as follows:
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"Shall
every person have the inalienable right, while engaged in employment in the
State, to be paid at a wage rate that is at least equal to the state minimum
wage rate, as provided by law, without regard to the type or nature of
employment, unless justified by a compelling state interest achieved by the
least restrictive means?"
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SECTION
4.
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New constitutional material is
underscored.
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SECTION
5.
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This amendment shall take effect upon
compliance with article XVII, section 3, of the Hawaii State Constitution.
INTRODUCED BY:
_____________________________
Report Title:
Wage
Equity; Constitutional Amendment
Description:
Proposes an amendment to Article IX of the Hawaii State
Constitution to guarantee that every person has the inalienable right, while
engaged in employment in the State, to be paid at a wage rate that is at least
equal to the state minimum wage rate, as provided by law, without regard to the
type or nature of employment, unless justified by a compelling state interest
achieved by the least restrictive means.
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not legislation or evidence of legislative intent.