Laserfiche WebLink
• <br /> • <br /> SUPREME l:Ol.'f('I' OF HA <br /> WAI <br /> I <br /> —IU <br /> Opiniwe of theCourt . <br /> . mendedthat the effective date of article VII, section 2, as <br /> • be <br /> • <br /> amended. should not be.upon its ratifiication, but should <br /> postponed fora period of three full years after its ratification. <br /> • In accordance with the recommendation of the Convention <br /> • the amendments to-arliele I-II, section 2 of the State Con- • 3 <br /> stitution and the provisions to delay the effective date of these <br /> amendments as contained in article . <br /> VI, section 9 were <br /> ratified by the people in the general election held on . ' <br /> • <br /> November 2, 1968. Thus. the amended article VII, section 2 <br /> became effective on January 1, 1972.Chikasuye v. Lota, 51 i <br /> Haw. 443, 462 P.2d 192 (1969). <br /> The Committee on Local Government had proposed the <br /> • adoption of the amended version of article VII,section 2 after <br /> • <br /> it conducted public hearings and deliberated upon numerous <br /> proposals submitted to it. In its Standing Committee Report e <br /> No. 53 (majority), the Committee stated: <br /> The principal change in this section is the protection <br /> of certain charter provisions against amendment or re- <br /> peal by the legislature. <br /> In Fa.si, et al., v. City and County of Honolulu, et al., g <br /> 50 H. 277,the.Supreme held that a charter, even if ; <br /> { . <br /> adopted under the Constitution as provided by.Article <br /> • VII, Section 2, is no more than a statutory charter which <br /> `• . • is subject to continuing legislative control. This proposal ; 4 <br /> ;. will give a county charter a higher status within a pre- <br /> i <br /> scribed area. The designated provisions will become of r <br /> • superior authority to a statute. . t <br /> • <br /> In prescribing the area within wi-ich a charter shall b.e • , <br /> M of superior authority to a statute the proposal is similar to. • <br /> e <br /> the model provision recommended by The American 't <br /> Municipal Association. This model provision • was <br /> adopted by South Dal:uta , at 1962. It <br /> basis was the Hawaii <br /> • <br /> Proposal No. 241, introducedthe request of th <br /> State Association of Counties. . <br /> Your Committee omitted from the draft presented by <br /> Proposal 241 the words "personnel" and "procedure." <br /> I. The word "personnel' was omitted because your Com- . <br /> • <br /> I ; I • ' . inittee was convinced that the legislature should not be <br /> • deprived of the power to enact, and maintain in effect, ,t <br /> • <br /> R <br /> . <br />