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COMM. 010
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COMM. 010
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7/19/2018 10:49:51 AM
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AGE CHC 1979-01-23
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i <br /> • <br /> 1.. <br /> SUPREME COURT OF HAWAII-8 1 <br /> ., . . Opinion of the Court. <br /> administrative structure and organization as these terms are 3 <br /> used in section 2, article•VII of the State Constitution, and 1 <br /> • that all of these mentioned athendments and provisions of the I. .1 <br /> revised charter are in direct conflict with state statutes on i <br /> civil service, waterworks, police and liquor control, and are s <br /> thus invalid. <br /> I. • <br /> • <br /> I <br /> i <br /> Prior to the commencement of•this action, the entire <br /> provisions of, including the revisions to, therevised charter i <br />• were submitted to and ratified by the people of Maui County '4 <br /> at the general election held on November 2. 1976.The validity 1 <br /> • and enforceability of these provisions including the revisions, .t <br /> are herein tested against the applicable provisions of article <br /> VII of the State Constitution and HRS § 50-15. <br /> Article VII, section 5 of our State Constitution provides <br /> - • that"This article shall not limit the power of the legislature to <br /> enact laws of state-wide concern." HRS § 50-15 reads: <br /> § 50-15 Reserved powers. Notwithstanding the provi- • . <br /> • •sions of this chapter, there is expressly reserved to the 1 <br /> . state legislature the power to enact all laws of general <br /> application throughout the State on Matters of concern <br /> • and interest and laws relating to the fiscal powers of the <br /> counties, and neither a charter nor ordinances adopted l <br /> under a charter shall be-in conflict-therewith. <br /> • Our State Constitution becgme effective upon Hawaii's , <br /> •I "admission into the Union on August 29,-1959. It was amended i <br /> 4 . <br /> once in 1968. Prior to its amendment,-article VII, the local' t <br /> S government article, provided in section 2 thereof: "Each 1 <br /> political subdivision shall have power to frame and adopt a <br /> • charter for its own self-government within such limits and <br /> under such procedures as may be prescribed by law. -i <br /> We stated in Fasi v. City and County, 50 Haw. 277, • I <br /> 283-84, 439 P.2d 206, 210 (1968):. <br /> Y It is clear from the language of article VII, section 2, i <br /> ' and the foregoing account of its formulation in the con- <br /> ' ' vention,that a charter contemplated in the constitution is "'4 <br /> 1 <br /> . . t <br />
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