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<br /> r e,r <br /> v' t s , <br /> _i.l.. <br /> STATE CONSTITUTION <br /> THE CONSTITUTION OF THE STATE OF HAWAII <br /> As Amended and in Force January 1, 1997 <br /> ARTICLE VIII <br /> LOCAL GOVERNMENT <br /> CREATION; POWERS OF POLITICAL SUBDIVISIONS <br /> Section 1. The legislature shall create counties, and may create othe_r political <br /> subdivisions within the State, and provide for the government thereof. Each political <br /> subdivision shall have and exercise such powers as shall be conferred under aeneral <br /> <br /> laws. [Ren and am Const Con 1978 and election Nov 7, 19781 <br /> LOCAL SELF-GOVERNMENT; CHARTER <br /> Section 2. Each political subdivision shall have the power to frame and adopt a charter <br /> for its own self-government within such limits and under such procedures as may be <br /> erovided by general law. Such procedures, however, shall not require the approval of a <br /> charter by a legislative body. <br /> Charter provisions with respect to a political subdivision's executive, legislative and <br /> administrative structure and organization shall be superior to statutory provisions, <br /> <br /> subject to the authority of the legislature to enact general laws allocating and <br /> reallocating powers and functions. <br /> A law may qualify as a general law even though it is inapplicable to one or more <br /> counties by reason of the provisions of this section. <br /> [Am Const Con 1968 and election Nov 5, 1968; ren and am Const Con 1978 and election <br /> Nov 7, 1978] <br /> TAXATION AND FINANCE <br /> Section 3. The taxing power shall be reserved to the State, except so much thereof as <br /> <br /> may be delegated by the legislature to the political subdivisions, and except that all <br /> functions, powers and duties relating to the taxation of real property shall be exercisec <br /> exclusively by the counties, with the exception of the county of Kalawao. The <br /> legislature shall have the power to apportion state revenues among the several <br /> political subdivisions. [Ren and am Const Con 1978 and election Nov 7, 19781 <br /> MANDATES; ACCRUED CLAIMS <br /> Section 4. No law shall be passed mandating any political subdivision to pay any <br /> previously accrued claim. [Ren Const Con 1978 and election Nov 7, 1978] <br /> TRANSFER OF MANDATED PROGRAMS <br /> <br /> Section 5. If any new program or increase in the level of service under an existing <br /> program shall be mandated to any of the political subdivisions by the legislature, it <br /> shall provide that the State share in the cost. [Add Const Con 1978 and election Nov 7, <br /> 1978] <br /> STATEWIDE LAWS <br /> Section 6. This article shall not limit the power of the legislature to enact laws of <br /> <br /> 1 <br /> <br /> <br /> gtb xa.~ C HA <br /> PG <br /> pef. 'io1 <br /> ter. na JUN 2 1998 <br />