SB 2265

THE SENATE
S.B. NO.
2265
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
Proposing
amendments to the Hawaii State Constitution to enable legislation by the people.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
���� SECTION 1.� The
legislature finds that reserving the powers of initiative and referendum to the
people provides a check on legislative power and increases direct public
participation in state governance.
���� Accordingly, the purpose of this Act is to
amend the Hawaii State Constitution to provide for initiative and referendum.
���� 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
AND REFERENDUM
���� Section
  .� Voters shall
have the power, as provided by law, to propose statutory amendments and
constitutional amendments through the initiative process, and to give final
approval to a bill through a referendum process if the bill has passed the
legislature.� The initiative and
referendum power shall not extend to any statute authorizing or repealing the
levy of taxes, the appropriation of money, the issuance of bonds, the salaries
of state employees or officers or any matter governed by collective bargaining
contracts.
���� The legislature may enact laws to
facilitate the initiative and referendum processes; provided that the laws do
not unduly burden the public's right to petition."
���� SECTION 3.� Article III, section 1, of the Constitution
of the State of Hawaii is amended to read as follows:
"LEGISLATIVE
POWER
���� Section 1.� [[The]] Except for initiative
and referendum, 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."
���� SECTION 4.� Article III, section 14, of the Constitution
of the State of Hawaii is amended to read as follows:
"BILLS; ENACTMENT
���� Section
14.� No law shall be passed except by
bill[[.]] enacted by the legislature or by initiative or referendum.� 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.""
���� SECTION 5.� Article III, section 16, of the Constitution
of the State of Hawaii is amended to read as follows:
"APPROVAL OR VETO
���� 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.� If the governor approves it, the governor
shall sign it and it shall become law.�
If the governor does not approve such bill, the governor may return it,
with the governor's objections to the legislature.� 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.
���� No bill enacted by initiative or
referendum shall be subject to veto by the governor.
���� 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
���� 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.� 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 the governor 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 10 of this article."
���� SECTION 6.� Article XVII, section 1, of the Constitution
of the State of Hawaii is amended to read as follows:
"METHODS OF PROPOSAL
���� Section
1.� Revisions of or amendments to
this constitution may be proposed by constitutional convention [[or]],
by the legislature[[.]] or through initiative or referendum."
���� SECTION 7.� Article XVII, section 4, of the Constitution
of the State of Hawaii is amended to read as follows:
"VETO
���� Section
4.� No proposal for amendment of the
constitution adopted in either manner provided by this article or by
initiative or referendum shall be subject to veto by the governor."
���� SECTION 8.� Article XVII, section 5, of the Constitution
of the State of Hawaii is amended to read as follows:
"CONFLICTING REVISIONS OR AMENDMENTS
���� 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 the revision or amendment proposed by the people by initiative or
referendum and both are approved, then the initiative or referendum 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."
���� SECTION 9.�
The question to be printed on the ballot shall be as follows:
"Shall the Hawaii State Constitution be amended to reserve
to the voters the powers of initiative and referendum, which would allow a law
to be proposed for enactment or a law passed by the legislature to be suspended
and submitted for a statewide vote upon the petition of a designated number of
registered voters?"
���� SECTION 10.�
Constitutional material to be repealed is bracketed and stricken.� New constitutional material is underscored.
���� SECTION 11.�
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; Initiative; Referendum
Description:
Proposes
a constitutional amendment to provide for initiative
and referendum.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.