2004-04 Council Term Limits Article III, Section 3-2, Hawaii County Charter

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The Honorable John Ray Page 2 April 16, 1998 (2) Although acceptable, Section 5 of the proposed ordinance should be changed to be patently clear concerning what years of prior service with the County Council will be considered or counted. C. Response: (1) Effective Date of the 1996 Charter Amendment. In this case,the effective date of the"Term Limits"Charter amendment is November 5, 1996. Ordinance No. 95-20,which became effective on January 25, 1995,placed a proposed amendment concerning"Term Limits"on the ballot for Hawaii County voters. That ordinance did not contain a date which the term of service limitation would begin to apply. The legislative history of that ordinance does not reflect any discussion concerning when the proposed amendment would take effect. Additionally,the official explanation to voters in the November 5, 1996 election failed to mention any date upon which the amendment would take effect. On November 5, 1996, the voters of the County of Hawaii overwhelmingly agreed with the proposal to limit County Council Terms. The Hawaii County Charter(199 1) states that with respect to any amendment: If the majority of the voters voting upon a charter amendment votes in favor of it or a new charter, if a new charter is proposed, the amendment or new charter shall become effective at the time fixed in the amendment or charter. (Amended, 1990 Gen. Elec.) (Emphasis added) Article XV, Section 15-3, Hawaii County Charter(1991). Courts have generally recognized that: Unless otherwise provided by law, amendments of constitutional charters take effect from the date of their approval by the people. (Footnote omitted) (Emphasis added) McQuillan Municipal Corporations, Sec. 9.27, at 267 (3rd Ed.) (1996). In Hawaii, absent clear and express statutory language to the contrary, a law becomes operative upon the effective date of passage or adoption. See. Sec. 1-3, Hawaii Revised Statutes (hereinafter referred to as "HRS"); State of Hawai'i Organization of Police Officers (SHOPO) v. Society of Professional Journalists-University ofHawai'i Chapter, 83 Hawai'i 378, 389-90, 927 P.2d 386, 397 (1996). In this case, the"effective date"of the charter amendment was November 5, 1996. I have carefully reviewed the Committee report and Council minutes concerning the passage of the