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The Constitution
of the
State of Hawaii

Incorporating the November 7, 2006 election changes,
and including the annotation.

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Article XVIII - Schedule

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Sections

1Districting and apportionment
21978 Senatorial elections
3Salaries of legislators--Repealed
4Effective date for term limitations for Governor and Lieutenant Governor
5Judiciary: transition; effective date
6Effective date and application of real property tax transfer
71978 Board of education elections
8Effective date for Office of Hawaiian Affairs
9Continuity of laws
10Debts
11Residence, other qualifications

Note:

This article was renumbered from Article XVI to be Article XVIII by Const Con 1978 and election Nov 7, 1978. The 1978 amendment revised and rewrote this article, substituting present §§1 to 11 for former §§1 to 13 of former Article XVI, and in effecting such revision deleted the following sections of former Article XVI: former §2, relating to the 1968 senatorial elections; former §3, relating to a twenty-sixth senator to be allocated to Kauai; former §4, relating to the application of the 1968 reapportionment and redistricting; former §5, relating to conditional activation of the reapportionment commission; former §6, superseding constitutional amendments proposed by Senate Bill No. 1102 of the Regular Session of 1967; former §8, providing that biennial budgeting and appropriations shall begin July 1, 1971; former §9, relating to the effective date and application of former Article VII, §2; former §13, relating to condemnation of fisheries.

These deletions appear to be part of the unspecified changes submitted for ratification under Question 34. On whether any of the changes submitted under Question 34 was in fact approved by the electorate, see Kahalekai v. Doi, 60 H. 324 (1979), excerpted in the note preceding the Preamble to the Constitution.

18.1
Districting and apportionment

 [Omitted as obsolete. For current plan, see the 1991 Report and Reapportionment Plan submitted to the Lieutenant Governor.]

Note:

A proposal of the 1978 Constitutional Convention rewriting this section was not validly ratified. Kahalekai v. Doi, 60 H. 324 (1979). In view of the holding, the revisor has restored the former version of the section under the authority of Resolution No. 29 of the 1978 Constitutional Convention.

Cross References:

Reapportionment, see Art. IV.

18.2
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.  [Add Const Con 1978 and election Nov 7, 1978]

18.3
Salaries of legislators--Repealed

 [This section supersedes the printed section in the HRS.]

REPEALED.  [Repeal HB 1917 (2006) and election Nov 7, 2006]

18.4
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.  [Add Const Con 1978 and election Nov 7, 1978]

18.5
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.  [Add Const Con 1978 and election Nov 7, 1978]

18.6
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.  [Add Const Con 1978 and election Nov 7, 1978]

Case Notes:

Any statutory restrictions on the City & County of Honolulu's power to create or repeal real property tax exemptions ceased to have any validity at the end of the eleven-year period specified in this section; thus, Act 227, L 1996, which attempted to extend this period merely through enactment of a state law without amending the Hawaii constitution, was unconstitutional. 99 H. 508, 57 P.3d 433.

Section 246A-2 has lapsed by its own terms and by the terms of this section. 99 H. 508, 57 P.3d 433.

18.7
1978 Board of education elections

Members elected to the board of education in the 1978 general election shall serve for two-year terms.  [Add Const Con 1978 and election Nov 7, 1978]

18.8
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.  [Add Const Con 1978 and election Nov 7, 1978]

18.9
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.  [Ren and am Const Con 1968 and election Nov 5, 1968; ren Const Con 1978 and election Nov 7, 1978]

Cross References:

Admission Act, see §15.

Attorney General Opinions:

All laws, territorial or federal, relating to the public lands of Hawaii, were continued in force upon statehood. Att. Gen. Op. 61-68.

Case Notes:

See also note to Admission Act, §15.

Discussed in connection with bonds. 44 H. 154, 352 P.2d 861.

Intent of constitutional convention; relationship between this section and §15 of the Admission Act. 44 H. 634, 361 P.2d 390.

18.10
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.  [Ren Const Con 1968 and election Nov 5, 1968; ren Const Con 1978 and election Nov 7, 1978]

Case Notes:

All territorial general obligation bonds outstanding and unpaid at time of statehood became state obligations. 44 H. 154, 163, 352 P.2d 861.

18.11
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.  [Ren Const Con 1968 and election Nov 5, 1968; ren Const Con 1978 and election Nov 7, 1978]

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Article XVIII - Schedule

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