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Article VIII, Hawaii Constitution

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Hawaii Constitution
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Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIVXVXVIXVIIXVIII
Article VIII of the Hawaii Constitution is entitled Local Government. It has six sections.

Amendments

Section 1

Text of Section 1:

Creation; Powers of Political Subdivisions

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.[1]

Amendments

  • Amended by Constitutional Convention (1978) and election on November 7, 1978.

Section 2

Text of Section 2:

Local Self-Government; Charter

Each political subdivision shall have the power to frame and adopt a charter for its own self-government within such limits and under such procedures as may be provided by general law. Such 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.[1]

Amendments

  • Amended by Constitutional Convention (1968) and election on November 5, 1968.
  • Amended by Constitutional Convention (1978) and election on November 7, 1978.

Section 3

Text of Section 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 except that all functions, powers and duties relating to the taxation of real property shall be exercised exclusively by the counties, with the exception of the county of Kalawao. The legislature shall have the power to apportion state revenues among the several political subdivisions.[1]

Amendments

  • Amended by Constitutional Convention (1978) and election on November 7, 1978.

Section 4

Text of Section 4:

Mandates; Accrued Claims

No law shall be passed mandating any political subdivision to pay any previously accrued claim.[1]

Amendments

  • Amended by Constitutional Convention (1978) and election on November 7, 1978.

Section 5

Text of Section 5:

Transfer of Mandated Programs

If any new program or increase in the level of service under an existing program shall be mandated to any of the political subdivisions by the legislature, it shall provide that the State share in the cost.[1]

Amendments

  • Amended by Constitutional Convention (1978) and election on November 7, 1978.

Section 6

Text of Section 6:

Statewide Laws

This article shall not limit the power of the legislature to enact laws of statewide concern.[1]

Amendments

  • Amended by Constitutional Convention (1978) and election on November 7, 1978.

See also

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External links

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References