HomeMy WebLinkAboutCOM 0863.001 1996-1998
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STATE CONSTITUTION
THE CONSTITUTION OF THE STATE OF HAWAII
As Amended and in Force January 1, 1997
ARTICLE VIII
LOCAL GOVERNMENT
CREATION; POWERS OF POLITICAL SUBDIVISIONS
Section 1. The legislature shall create counties, and may create othe_r political
subdivisions within the State, and provide for the government thereof. Each political
subdivision shall have and exercise such powers as shall be conferred under aeneral
laws. [Ren and am Const Con 1978 and election Nov 7, 19781
LOCAL SELF-GOVERNMENT; CHARTER
Section 2. Each political subdivision shall have the power to frame and adopt a charter
for its own self-government within such limits and under such procedures as may be
erovided by general law. Such procedures, however, shall not require the approval of a
charter by a legislative body.
Charter provisions with respect to a political subdivision's executive, legislative and
administrative structure and organization shall be superior to statutory provisions,
subject to the authority of the legislature to enact general laws allocating and
reallocating powers and functions.
A law may qualify as a general law even though it is inapplicable to one or more
counties by reason of the provisions of this section.
[Am Const Con 1968 and election Nov 5, 1968; ren and am Const Con 1978 and election
Nov 7, 1978]
TAXATION AND FINANCE
Section 3. The taxing power shall be reserved to the State, except so much thereof as
may be delegated by the legislature to the political subdivisions, and except that all
functions, powers and duties relating to the taxation of real property shall be exercisec
exclusively by the counties, with the exception of the county of Kalawao. The
legislature shall have the power to apportion state revenues among the several
political subdivisions. [Ren and am Const Con 1978 and election Nov 7, 19781
MANDATES; ACCRUED CLAIMS
Section 4. No law shall be passed mandating any political subdivision to pay any
previously accrued claim. [Ren Const Con 1978 and election Nov 7, 1978]
TRANSFER OF MANDATED PROGRAMS
Section 5. If any new program or increase in the level of service under an existing
program shall be mandated to any of the political subdivisions by the legislature, it
shall provide that the State share in the cost. [Add Const Con 1978 and election Nov 7,
1978]
STATEWIDE LAWS
Section 6. This article shall not limit the power of the legislature to enact laws of
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