AMENDMENTS PROPOSED BY LEGISLATURE


Section 3.  The legislature may propose amendments to the constitution by adopting the same, in the manner required for legislation, by a two-thirds vote of each house on final reading at any session, after either or both houses shall have given the governor at least ten days' written notice of the final form of the proposed amendment, or, with or without such notice, by a majority vote of each house on final reading at each of two successive sessions.

Upon such adoption, the proposed amendments shall be entered upon the journals, with the ayes and noes, and published once in each of four successive weeks in at least one newspaper of general circulation in each senatorial district wherein such a newspaper is published, within the two months' period immediately preceding the next general election.

At such general election the proposed amendments shall be submitted to the electorate for approval or rejection upon a separate ballot.

The conditions of and requirements for ratification of such proposed amendments shall be the same as provided in section 2 of this article for ratification at a general election. [Ren and am Const Con 1978 and election Nov 7, 1978]


Cross References


  Notice of proposed constitutional amendments, see §22-6.


Attorney General Opinions


  Passage of constitutional amendment by majority vote may be accomplished at two successive special sessions.  Att. Gen. Op. 64-41.

  Passage of proposed amendment by two-thirds vote of each house on final reading cannot be accomplished on the tenth day of notice; it may only be done thereafter.  Att. Gen. Op. 64-41.

  The ten days' written notice to the governor refers to ten calendar days.  It is computed by excluding the day on which notice is given and including the last day.  Att. Gen. Op. 64-41.

  With a two-thirds vote, a proposed amendment passed at a single session may be placed on ballot.  Att. Gen. Op. 75-9.

  Amendments proposed by the legislature should be printed on a separate ballot, apart and distinct from the ballot containing county charter amendments.  Att. Gen. Op. 80-7.


Case Notes


  Signature of governor, whether required to propose amendments, see 8 H. 606.

  Act proposing alternative constitutional amendments concerning changes in school governance directed amendment to state constitution in violation of procedure set forth in section.  73 H. 536, 836 P.2d 1066.

  Attorney general had standing to raise claims in action regarding notice provisions of this section given significant public importance of issue and likelihood of recurrence.  84 H. 179, 932 P.2d 316.

  Governor must receive at least ten days notice, prior to second legislative chamber's vote, of a proposed constitutional amendment's final form; required notice may be given by the Senate, the House, or both.  84 H. 179, 932 P.2d 316.

  The publication and disclosure language of this section and §2 of the Hawaii constitution is clear and unambiguous; thus it must be construed as written; insofar as they clearly regulate amendments to the constitution, these provisions are not merely directory, but mandatory.  104 H. 128, 85 P.3d 1079.

  Where state defendants failed to comply with the requirements set forth in the Hawaii constitution regarding publication and disclosure of the text of a proposed constitutional amendment authorizing the initiation of felony prosecutions by written information, the amendment was not validly ratified in accordance with the mandate of this section and §2 of this article.  104 H. 128, 85 P.3d 1079.

  This article and article III of the Hawaii constitution require that (1) a proposal to amend the constitution must be reflected in the title of the bill and (2) a proposed constitutional amendment must be read three times in each house of the legislature to be validly adopted; where bill failed to fulfill these requirements, it was not constitutionally adopted.  108 H. 245, 118 P.3d 1188.






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