Article III — The Legislature

Legislative Power

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.

Composition of Senate

The senate shall be composed of twenty-five members, who shall be elected by the qualified voters of the respective senatorial districts.

[Am Const Con 1968 and election Nov 5, 1968; am Const Con 1978 and election Nov 7, 1978]

Composition of House of Representatives

The house of representatives shall be composed of fifty-one members, who shall be elected by the qualified voters of the respective representative districts.

[Am Const Con 1978 and election Nov 7, 1978]

Election of Members; Term

Each member of the legislature shall be elected at an election. The term of office of a member of the house of representatives shall be two years and the term of office of a member of the senate shall be four years.

[Ren Const Con 1978 and election Nov 7, 1978; am HB 572 (1987) and election Nov 8, 1988]

Vacancies

Any vacancy in the legislature shall be filled for the unexpired term in such manner as may be provided by law, or, if no provision be made by law, by appointment by the governor for the unexpired term.

[Ren and am Const Con 1978 and election Nov 7, 1978]

Qualifications of Members

No person shall be eligible to serve as a member of the senate unless the person has been a resident of the State for not less than three years, has attained the age of majority and is a qualified voter of the senatorial district from which the person seeks to be elected.

[Am Const Con 1968 and election Nov 5, 1968; ren and am Const Con 1978 and election Nov 7, 1978; am HB 1012 (2002) and election Nov 5, 2002]

Privileges of Members

No member of the legislature shall be held to answer before any other tribunal for any statement made or action taken in the exercise of the member's legislative functions; and members of the legislature shall, in all cases except felony or breach of the peace, be privileged from arrest during their attendance at the sessions of their respective houses.

[Ren and am Const Con 1978 and election Nov 7, 1978]

Disqualifications of Members

No member of the legislature shall hold any other public office under the State, nor shall the member, during the term for which the member is elected or appointed, be elected or appointed to any public office or employment which shall have been created, or the emoluments whereof shall have been increased, by legislative act during such term.

[Ren and am Const Con 1978 and election Nov 7, 1978]

Legislative Allowance

The members of the legislature shall receive allowances reasonably related to expenses as provided by law.

[Am Const Con 1968 and election Nov 5, 1968; ren and am Const Con 1978 and election Nov 7, 1978; am SB 2072 (1984) and election Nov 6, 1984; am HB 1917 (2006) and election Nov 7, 2006]

Sessions

The legislature shall convene annually in regular session at 10:00 o'clock a.m. on the third Wednesday in January. Regular sessions shall be limited to a period of sixty days, and special sessions shall be limited to a period of thirty days.

[Am Const Con 1968 and election Nov 5, 1968; ren and am Const Con 1978 and election Nov 7, 1978; am SB 1973 (1980) and election Nov 4, 1980]

Adjournment

Neither house shall adjourn during any session of the legislature for more than three days, or sine die, without the consent of the other.

[Ren Const Con 1978 and election Nov 7, 1978]

Organization; Discipline; Rules; Procedure

Each house shall be the judge of the elections, returns and qualifications of its own members. Every meeting of a committee held for the purpose of making decisions on matters referred to the committee shall be open to the public.

[Ren and am Const Con 1978 and election Nov 7, 1978; am HB 1947 (1984) and election Nov 6, 1984]

Quorum; Compulsory Attendance

A majority of the number of members to which each house is entitled shall constitute a quorum of such house for the conduct of ordinary business. The final passage of a bill in each house shall require the vote of a majority of all the members to which such house is entitled.

[Ren Const Con 1978 and election Nov 7, 1978]

Bills; Enactment

No law shall be passed except by bill. 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."

[Ren Const Con 1978 and election Nov 7, 1978]

Passage of Bills

No bill shall become law unless it shall pass three readings in each house on separate days. No bill shall pass third or final reading in either house unless printed copies of the bill shall have been made available to the members of that house for at least forty-eight hours.

[Am Const Con 1968 and election Nov 5, 1968; ren and am Const Con 1978 and election Nov 7, 1978]

Approval or Veto

Every bill which shall have passed the legislature shall be presented to the governor. If the governor approves it, the governor shall sign it and it shall become law. The governor shall have ten days to consider bills presented ten or more days before adjournment.

[Am Const Con 1968 and election Nov 5, 1968; ren and am Const Con 1978 and election Nov 7, 1978]

Procedures Upon Veto

Upon the receipt of a veto message from the governor, each house shall proceed to reconsider the vetoed bill. If after such reconsideration such bill shall be approved by a two-thirds vote of all members to which each house is entitled, the same shall become law.

[Ren Const Con 1978 and election Nov 7, 1978]

Punishment of Nonmembers

Each house may punish by fine, or by imprisonment not exceeding thirty days, any person not a member who shall be guilty of disrespect of such house by any disorderly or contemptuous behavior in its presence.

[Ren and am Const Con 1978 and election Nov 7, 1978]

Impeachment

The governor and lieutenant governor, and any appointive officer for whose removal the consent of the senate is required, may be removed from office upon conviction of impeachment for such causes as may be provided by law.

[Ren and am Const Con 1978 and election Nov 7, 1978]