Article XVIII, Hawaii Constitution

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Hawaii Constitution
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Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIVXVXVIXVIIXVIII
Article XVIII of the Hawaii Constitution is entitled Schedule and contains eleven sections.

Section 1

Text of Section 1:

Districting and Apportionment

Omitted as obsolete. For current plan, see the 1991 Report and Reapportionment Plan submitted to the lieutenant governor.[1]

Section 2

Text of Section 2:

1978 Senatorial Elections

Article III, Section 4, to the contrary notwithstanding, the terms of office of the members of the senate elected in the 1978 general election shall be as follows: members of the senate shall be divided into two classes. The first class shall consist of the following number elected with the highest number of votes from their respective senatorial districts: first district, one; second district, one; third district, one; fourth district, two; fifth district, two; sixth district, two; seventh district, two; eighth district, one. Members of the first class shall hold office for a term of four years beginning with their election and ending on the day of the second general election held thereafter. The remaining members elected shall constitute the second class and shall hold office for a term of two years beginning with their election and ending on the day of the next general election held thereafter.[1]

Amendments

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

Section 3

Text of Section 3:

Salaries of Legislators

Repealed by HB 1917 (2006) and election on November 7, 2006.[1]

Section 4

Text of Section 4:

Effective Date for Term Limitations for Governor and Lieutenant Governor

The amendments to Sections 1 and 2 of Article V shall limit the term of any person elected to the office of governor or lieutenant governor in the 1978 general election to two consecutive full terms commencing from noon on the first Monday in December, 1978.[1]

Amendments

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

Section 5

Text of Section 5:

Judiciary: Transition; Effective Date

The three members initially appointed to the judicial selection commission by the governor shall serve for terms of two, four and six years respectively. The members initially appointed to the commission by the president of the senate and the speaker of the house of representatives shall serve for two years. The two members initially appointed to the commission by the chief justice of the supreme court shall serve terms of four and six years respectively. The two members initially elected to the commission by the members of the bar of the State shall serve for terms of four and six years respectively. The current terms of justices and judges in office shall terminate as heretofore provided by law, subject to earlier termination and removal as provided in Article VI. The amendments to Article VI shall take effect upon ratification. The judicial selection commission shall be created no later than April 1, 1979.[1]

Amendments

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

Section 6

Text of Section 6:

Effective Date and Application of Real Property Tax Transfer

The amendment to Section 3 of Article VIII shall take effect on the first day of July after two full calendar years have elapsed following the ratification of such amendment [November 7, 1978]; provided that for a period of eleven years following such ratification, the policies and methods of assessing real property taxes shall be uniform throughout the State and shall be established by agreement of a majority of the political subdivisions. Each political subdivision shall enact such uniform policies and methods of assessment by ordinance before the effective date of this amendment [July 1, 1981], and in the event the political subdivisions fail to enact such ordinances, the uniform policies and methods of assessment shall be established by general law. Any amendments to the uniform policies and methods of assessment established by the political subdivisions may only be made by agreement of a majority of the political subdivisions and enactment thereof by ordinance in each political subdivision.

Real property tax exemptions and dedications of land for specific use for assessment at its value in such use as provided by law and in effect upon ratification of the amendment to Section 3 of Article VIII [November 7, 1978] shall be enacted by ordinance and shall not be eliminated or diminished for a period of eleven years following such ratification; provided that increases in such exemptions, or the additions of new and further exemptions or dedications of lands, may be established or granted only by agreement of a majority of the political subdivisions, and such increases or additions shall be enacted by ordinance in each political subdivision.[1]

Amendments

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

Section 7

Text of Section 7:

1978 Board of Education Elections

Members elected to the board of education in the 1978 general election shall serve for two-year terms.[1]

Amendments

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

Section 8

Text of Section 8:

Effective Date for Office of Hawaiian Affairs

The legislature shall provide for the implementation of the amendments to Article XII in Sections 5 and 6 on or before the first general election following ratification of the amendments to Article XII in Sections 5 and 6.[1]

Amendments

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

Section 9

Text of Section 9:

Continuity of Laws

All laws in force at the time amendments to this constitution take effect that are not inconsistent with the constitution as amended shall remain in force, mutatis mutandis, until they expire by their own limitations or are amended or repealed by the legislature.

Except as otherwise provided by amendments to this constitution, all existing writs, actions, suits, proceedings, civil or criminal liabilities, prosecutions, judgments, sentences, orders, decrees, appeals, causes of action, contracts, claims, demands, titles and rights shall continue unaffected notwithstanding the taking effect of the amendments and may be maintained, enforced or prosecuted, as the case may be, before the appropriate or corresponding tribunals or agencies of or under the State or of the United States, in all respects as fully as could have been done prior to the taking effect of the amendments.[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 10

Text of Section 10:

Debts

The debts and liabilities of the Territory shall be assumed and paid by the State, and all debts owed to the Territory shall be collected by the State.[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 11

Text of Section 11:

Residence, Other Qualifications

Requirements as to residence, citizenship or other status or qualifications in or under the State prescribed by this constitution shall be satisfied pro tanto by corresponding residence, citizenship or other status or qualifications in or under the Territory.[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 12

Text of Section 12:

Board of Education Transition

This section as added by HB 2376, L 2010 is not printed in the 2010 supplement to the Hawaii Revised Statutes as it was ratified after the publication deadline. There shall be a period of transition from the elected to the appointed board of education, as provided by law.[1]

Amendments

Closing

Text of Closing:

Effective Date

This constitution shall take effect and be in full force immediately upon the admission of Hawaii into the Union as a State. Done in Convention, at Iolani Palace, Honolulu, Hawaii, on the twenty-second day of July, in the year one thousand nine hundred fifty and of the Independence of the United States of America the one hundred and seventy-fifth.[1]

See also

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External links

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References