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SB2766
THE SENATE
S.B. NO.
2766
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
proposing
amendments to Articles II, III, and XVII of the hawaii state constitution to
provide the electorate with the power of initiative.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
�
The purpose of this Act is to propose amendments
to articles II, III, and XVII of the Hawaii State Constitution to provide the
electorate of the State with the power to propose statutory and constitutional amendments
by initiative and to approve or reject those amendments by ballot, as provided
by law.
����
SECTION
2.
�
Article II of the Constitution of the
State of Hawaii is amended by adding a new section to be appropriately
designated and to read as follows:
"
INITIATIVE
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Section
.
�
The initiative
power is reserved to the people.
�
Voters shall
have the power, as provided by law, to propose statutory amendments and
amendments to this constitution by submitting an initiative petition to the chief
election officer.
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The initiative petition
shall include an initiative measure that sets forth the full text of the
proposed amendment and shall be certified by the signatures of more than ten
percent of the electors who voted in the State's most recent gubernatorial
election.
�
The initiative petition shall
be filed with the chief election officer no later than ninety days before the
general election at which the initiative measure is to be submitted to the
electorate.
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Each
initiative measure shall embrace but one subject, which shall be expressed in
its title.
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The enacting clause of an
initiative measure shall be, "Be it enacted by the people of the State of
Hawaii."
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No
initiative measure that names any individual to hold any office shall be
submitted or have any effect.
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No
initiative measure that names or identifies any private corporation to perform
any function or to have any power or duty shall be submitted or have any
effect.
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No initiative measure that proposes
to change the state budget, including adding, amending or deleting any budget
item, shall be submitted or have any effect.
�
No initiative measure that proposes to change the levy of taxes,
including adding, amending or repealing any tax rate, tax credit, tax
deduction, tax exemption or any other provision relating to the levy of taxes,
shall be submitted or have any effect.
�
No
initiative measure that includes or excludes any political subdivision of the State
in the application or effect of its provisions shall be submitted or have any
effect.
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No initiative measure that
compromises or potentially compromises the environment, public health or public
safety shall be submitted or have any effect.
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No initiative measure that contains alternative, contingent or
cumulative provisions under which different provisions would take effect
depending on the percentage of votes cast for or against the measure shall be
submitted or have any effect.
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An
initiative measure shall be submitted to the electorate .for approval or rejection
by ballot, as provided by law.
�
The
ballot shall be phrased in a manner that enables voters to express their choice
on the measure by providing a "yes" or "no" response, under
which a "yes" vote constitutes an affirmative vote for the measure, as
the measure is written; provided that any measure that would prohibit a
specific activity or terminate an existing right or privilege shall be
presented on the ballot in a manner that a "yes" vote constitutes an
affirmative choice to continue the activity, existing right or privilege.
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The
veto power of the governor shall not extend to initiative measures
approved
by the electorate.
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No measure enacted by initiative shall be
repealed or amended by the legislature except by a two-thirds vote of each
house and only after two years have lapsed from the effective date of the
initiative, unless otherwise provided in the measure; provided that the people
may amend an initiative measure at any time.
"
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SECTION
3
.
�
Article III,
section 1, of the Constitution of the State of Hawaii is amended to read as
follows:
"
LEGISLATIVE POWER
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Section 1.
�
[
The
]
Except for the power of
initiative reserved to the people under Article II, Section ,
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
]
The legislative power
shall extend to all rightful subjects of legislation not inconsistent with this
constitution or the Constitution of the United States."
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SECTION
4
.
�
Article III,
section 14, of the Constitution of the State of Hawaii is amended to read as
follows:
"
BILLS; ENACTMENT
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Section 14.
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No law shall be passed
by the legislature
except by bill.
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Each law shall embrace
but one subject, which shall be expressed in its title.
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The enacting clause of each law shall be,
"Be it enacted by the legislature of the State of Hawaii."
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SECTION
5
.
�
Article III,
section 16, of the Constitution of the State of Hawaii is amended to read as
follows:
"
APPROVAL OR VETO
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Section 16.
�
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.
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If the governor approves it, the governor
shall sign it and it shall become law.
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If the governor does not approve such bill, the governor may return it,
with the governor's objections to the legislature.
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Except for items appropriated to be expended
by the judicial and legislative branches, the governor may veto any specific
item or items in any bill which appropriates money for specific purposes by
striking out or reducing the same; but the governor shall veto other bills, if
at all, only as a whole.
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No
bill enacted by initiative under Article II, Section , shall be
subject to veto by the governor.
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The
governor shall have ten days to consider bills presented to the governor 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 the governor had signed it.
RECONSIDERATION
AFTER ADJOURNMENT
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The
governor shall have forty-five days, after the adjournment of the legislature
sine die, to consider bills presented to the governor less than ten days before
such adjournment, or presented after adjournment, and any such bill shall
become law on the forty-fifth day unless the governor by proclamation shall
have given ten days' notice to the legislature that the governor plans to
return such bill with the governor's objections on that day.
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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.
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In case the legislature shall fail to so
convene, such bill shall not become law.
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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 the governor shall sign it within ten days after presentation.
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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 10 of this article."
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SECTION
6
.
�
Article XVII,
section 1, of the Constitution of the State of Hawaii is amended to read as
follows:
"
METHODS OF PROPOSAL
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Section 1.
�
Revisions of or amendments to this
constitution may be proposed by constitutional convention
,
[
or
]
by the legislature[
.
]
or by the people by initiative under Article
II, Section .
"
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SECTION
7
.
�
Article XVII,
section 4, of the Constitution of the State of Hawaii is amended to read as
follows:
"
VETO
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Section 4.
�
No proposal for amendment of the constitution
adopted in [
either
]
any
manner provided by this article
or
Article II, Section ,
shall be subject to veto by the
governor."
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SECTION
8
.
�
Article XVII,
section 5, of the Constitution of the State of Hawaii is amended to read as
follows:
"
CONFLICTING REVISIONS OR AMENDMENTS
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Section 5.
�
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 a
revision or amendment proposed by the legislature is in conflict with a
revision or amendment proposed by the electorate by initiative under Article
II, Section , and both are approved, then the revision or
amendment proposed by initiative shall prevail.
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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."
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SECTION
9.
�
The question to be printed on the
ballot shall be as follows:
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"Shall
the Hawaii State Constitution be amended to empower the electorate to propose
statutory and constitutional amendments by initiative and to approve or reject those
amendments by ballot?"
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SECTION
10.
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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
11.
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This amendment shall take effect
upon compliance with article XVII, section 3, of the Constitution of the State
of Hawaii.
INTRODUCED BY:
_____________________________
Report Title:
Constitutional
Amendment; Electorate; Direct Initiative
Description:
Proposes a
constitutional amendment to
provide the state electorate with the power
to propose statutory and constitutional amendments by initiative and to approve
or reject those amendments by ballot, as provided by law.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.