PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 4, OF THE HAWAII STATE CONSTITUTION TO ESTABLISH LEGISLATIVE TERM LIMITS.

HB495

HOUSE OF REPRESENTATIVES

H.B. NO.

495

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

PROPOSING
AN AMENDMENT TO ARTICLE III, SECTION 4, OF THE HAWAII STATE CONSTITUTION TO
ESTABLISH LEGISLATIVE TERM LIMITS
.

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

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SECTION
1.
�
The legislature finds that at least
fifteen states have legislative term limits, which range from six to twelve
years.
�
Although the backing for enacting
legislative term limits does have merit in certain circumstances, to promote
fairness and equity between separate and co-equal branches of government, any
term limits for legislators should be longer than the term limit of the
governor of the applicable state.

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Because
the governor is subject to a term limit of two consecutive full terms, or eight
years, enacting similar legislative term limits for legislators in Hawaii would
weaken state legislators and strengthen the governor due to the governor and
the administration's broad constitutional, statutory, and rule-making
powers.
�
For example, the governor
already has widespread authority and discretion through the executive branch;
the governor has considerable budget powers, including restricting funds; and
there is no elected state treasurer, attorney general, or secretary of state,
as is the case in most states.
�
To
maintain a modicum of balance of powers in Hawaii between the legislative and
executive branch of government, legislative term limits should be longer than
the governor's term limit.

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The
legislature further finds that of the fifteen states that have legislative term
limits, Arizona, Colorado, Florida, Maine, Missouri, Montana, Ohio, and South
Dakota have sixteen-year limits -- a maximum of eight years in their respective
house of representatives and eight years in their respective senates.

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The
purpose of this Act is to propose an amendment to article III, section 4, of
the Hawaii State Constitution
to
limit the number of years persons may serve in the legislature to a maximum of
sixteen years in the house of representatives or senate, or both.

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

"ELECTION
OF MEMBERS; TERM

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Section 4.
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Each member of the legislature shall be
elected at an election.
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If more than one
candidate has been nominated for election to a seat in the legislature, the
member occupying that seat shall be elected at a general election.
�
If a candidate nominated for a seat at a
primary election is unopposed for that seat at the general election, the
candidate shall be deemed elected at the primary election.
�
The term of office of a member of the house
of representatives shall be two years and the term of office of a member of the
senate shall be four years.
�
Members
of the legislature shall be limited to serving a total of sixteen years,
regardless of whether the years were served entirely in the house of
representatives or in the senate, or partially in both.
�
The term of a member of the legislature shall
begin on the day of the general election at which elected or if elected at a
primary election, on the day of the general election immediately following the
primary election at which elected.
�
For a
member of the house of representatives, the term shall end on the day of the
general election immediately following the day the member's term
commences.
�
For a member of the senate,
the term shall end on the day of the second general election immediately
following the day the member's term commences."

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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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"Should
the Hawaii State Constitution be amended to limit the number of years a member
may serve in the Hawaii State Legislature to a maximum of sixteen years,
regardless of whether the member exclusively served in the House of
Representatives or in the Senate or the member served in both chambers?"

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SECTION
4.
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Constitutional material to be
repealed is bracketed and stricken.
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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:

Legislative
Term Limits; Constitutional Amendment

Description:

Proposes
a constitutional amendment to limit the number of years members may serve in
the Legislature to a maximum of sixteen years.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.